Appendix 5
Gambling Act 2005
Schedule of Consultation Responses
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Respondent |
Comments |
Appraisal |
Response |
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1 |
Culver Parade Sandown PO36 8AT |
Paragraphs 2.7 The last sentence “within the vicinity of the premises”, is not applicable to gambling as all gambling must be on the premises therefore this must be deleted. 2.10 What controls 4 Current controls to category B, C & D machines be maintained. It is accepted by the Gambling Commission that they cause no harm under the current regime. 5.4-6 These are not a gaming issue but a liquor licence issue and should be omitted 7.4 What happens if new schools, vulnerable adult centres or residential areas are built subsequently in our vicinity? 8 States no casino resolution yet Appendix A has a heading “Policy Not to Permit Casinos” 9 (1) All existing permits should have continuation (grandfather) rights if applied for within the deadlines (2) Family Entertainment Centres continue to allow adult gaming in age restricted areas at present 11 What fees are proposed? 12 What are the application deadlines? |
Guidance 6.13 approves the inclusion Paragraph amended The LA must determine the most appropriate body for child protection. This comment is not relevant to this decision. Guidance 6.22-6.24 approves this inclusion If the licence is already granted this will not be a matter for licensing The scheme of delegations at Appendix A lists the full council as the body to make the decision to create a “Policy not to permit casinos”. This resolution has not been made hence the inclusion at paragraph 8. These matters are dealt with by Schedule 18 of the Act and are not relevant to the policy These matters will be set through regulations and are not relevant to the policy |
Acknowledged and notified |
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2 |
Gosschalks Solicitors HU1 3DZ |
Door supervision We specifically ask that the policy states: “there is no evidence that the operation of
betting offices has required door supervisors for the protection of the
public. The authority will make a door supervision requirement only if there
is clear evidence from the history of trading at the premises that the
premises cannot be adequately supervised from the counter and that the door supervision
is both necessary and proportionate” Betting Machines It is respectfully suggested that the policy state that “While the authority has discretion as to the number, nature and circumstances of use of betting machines, there is no evidence that such machine give rise to regulatory concerns. This authority will consider limiting the number of machines only where there is clear evidence that such machines have been or are likely to be used in breach of the licensing objectives. Where there is such evidence, this authority may consider, when reviewing the licence, the ability of staff to monitor the use of such machines from the counter”. Re-Site Applications It is requested that the policy positively encourage, or at least state that the authority will give sympathetic consideration to, re-sites within the same locality and extensions in order to enhance the quality of the facility provided for the benefit of the betting public. Enforcement It is requested that the policy includes wording along the following lines: “The authority recognises that certain bookmakers have a number of premises within its area. In order to ensure that any compliance issues are recognised and resolved at the earliest stage, operators are requested to give the authority a single named point of contact, who should be a senior individual, and whom the authority will contact first should any compliance queries or issues arise” General The licensing authority do not have a duty to ‘promote’ the licensing objectives. Paragraphs: 2.8 We respectfully submit that the policy statement at paragraph 2.8 is contradictory. 3.4 Re: The motivation for persons’ views. We respectfully submit that this is an impossible matter to judge. 5.5 Re: The nature of the business interest. As above 7.2 The policy would be assisted by a statement that the starting point for consideration of applications is to aim to permit in accordance with these matters. 7.4 & 7.5 These paragraphs are ambiguous
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Each application will be considered on its individual merits. Any conditions attached will centre on promoting the licensing objectives. It is not considered necessary to include this statement as it is adequately included within the policy at 2.7 As above It is not considered necessary to include this statement as it is adequately included within the policy at 2.5 to 2.7 The Act provides for certain persons to be responsible for activities on the licensed premises by virtue of holding a particular licence. We feel that this statement is duplicitous. We believe that the duty to promote the licensing objectives is implicit and the use of the word ‘promote’ is clearly within the spirit of the Act. Noted Noted Noted The policy addresses this issue at paragraph 2.3 Paragraphs amended to remove any ambiguity |
Acknowledged and Notified |
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3 |
GAMCARE SE1 1YW |
I have put together a separate list of inclusions, which from Gamcare’s point of view we would like included either in the policy or as part of the licensing conditions |
Noted |
Acknowledged |
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4 |
Ventnor Town Council |
Statement of licensing policy deemed to be acceptable |
Noted |
Acknowledged |
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5 |
Nettlestone & Seaview Parish Council |
No comments at this time |
Noted |
Acknowledged |
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6 |
The Racecourse Association SL5 7HX |
Declined to comment due to the fact there are no racecourse venues in the local authority area. |
Noted |
Acknowledged |
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7 |
Gurnard Parish Council |
Declined to comment due to the fact that parish and town councils are currently excluded as consultees. |
Noted |
Acknowledged |