PAPER B

 

Committee:    REGULATORY COMMITTEE

 

Date:               6 NOVEMBER 2006

 

Title:                GAMBLING ACT 2005 STATEMENT OF LICENSING POLICY

 

REPORT OF THE HEAD OF CONSUMER PROTECTION

 

 

 


SUMMARY/PURPOSE

 

1.               To invite the Regulatory Committee to approve the draft Gambling Act 2005 Statement of Licensing Policy (Appendix 1) and to recommend adoption of the policy to full council:

 

BACKGROUND

 

2.                  The Gambling Act 2005 (The Act) creates a new system of licensing and regulation for commercial gambling in this country. Amongst other things it gives to local authorities new and extended responsibilities for licensing premises for gambling. In some cases those build on existing responsibilities but in other areas they transfer to local authorities’ responsibilities which previously lay with local magistrates.

 

3.                  The Act contains a new regulatory system to govern the provision of all gambling in Great Britain, other than the National Lottery and spread betting.

 

4.                  The Act comes fully into force in September 2007. In preparation each licensing authority is required to develop, consult on and publish a statement of its licensing policy. The statement must set out the principles which the authority proposes to apply in exercising its licensing functions under the Act.

 

5.                  The draft statement of licensing policy has been developed having had regard to and in accordance with Section 349 of the Gambling Act 2005; The Gambling Act 2005 (Licensing Authority Policy Statement)(England and Wales) Regulations 2006 and the Gambling Commissions Guidance to Licensing Authorities April 2006 issued under Section 25 of the Act.

 

CONSULTATION

 

6.                  A public consultation on the draft Gambling Act 2005 Statement of Licensing Policy has been conducted in accordance with the Isle of Wight Council Consultation Strategy and Good Practice Guidance (October 2005).

 

7.                  The consultation commenced on 22 August 2006 and closed on Monday 30 October 2006.

 

8.                  The consultation was sent to all persons on the list of consultees (Appendix 2) and made available at the Isle of Wight Council Licensing Section offices at Jubilee Stores, The Quay, Newport, Isle of Wight; on-line at www.iwight.com  and in all public libraries throughout the period of consultation.

 

9.                  Notices were published in the Isle of Wight County Press on Friday 8 September 2006 and Friday 16 September 2006 (Appendix 3). The notices provided information on how the public could gain access to the consultation document and questionnaire and stated that comments must be received in writing by 30 October 2006. The notice also provided details of public meetings to be held by Licensing Officers to explain the Gambling Act 2005 and the Draft Statement of Licensing Policy.

 

10.             The public meetings were conducted at Newport Football Club, St Georges Way, Newport on the following dates:

 

·                    Thursday 21 September 2006                     2pm until 4pm

·                    Thursday 21 September 2006                     7pm until 9pm

 

11.             Seven responses to the consultation have been received. The results are contained in Appendix 4.

 

12.             A schedule of responses is attached at Appendix 5.

 

13.             Following the receipt of comments on the consultation document and  comments received at the public meetings, and having had regard to the consultation responses, amendments have been made to the draft statement of licensing policy as follows:

 

(a)               Paragraph 2.10 amended

(b)               Paragraph 7.4: reworded

(c)               Paragraph 7.5: reworded

 

FINANCIAL/BUDGET IMPLICATIONS

 

14.           Broadly, Council expenditure on Licensing matters and specifically those matters administered and enforced through Consumer Protection, balances income generated from fees.  This arrangement is not expected to change by virtue of the Gambling Act 2005.

 

LEGAL IMPLICATIONS

 

15.             Section 2 of the Gambling Act 2005 provides that Isle of Wight Council is a licensing authority for the purposes of the Act.

 

16.             Section 349 of the Gambling Act 2005 requires a licensing authority to prepare and publish a statement of licensing policy before each successive period of three years.

 

17.             Section 349(3) of the Gambling Act 2005 requires a licensing authority to consult the following on the licensing policy statement:

 

(a)               The chief officer of police for the authorities area and

 

(b)               One or more persons who appear to the authority to represent the interests of persons carrying on gambling businesses in the authorities area and

(c)               One or more persons who appear to the authority to represent the interests of persons who are likely to be affected by the exercise of the authorities’ functions under The Act.

 

18.             Regulation 3 of the Gambling Act 2005 (Licensing Authority Policy Statement) (England and Wales) Regulations 2006 provides for the form of the licensing policy statement to be for the licensing authority to determine subject to regulations 4 to 6.

 

19.             Regulations 4 to 6 of the Gambling Act 2005 (Licensing Authority Policy Statement) (England and Wales) Regulations 2006 set out the requirements of the statement of licensing policy.

 

20.             The Gambling Act 2005 (Licensing Authority Policy Statement) (First Appointed Day) Order 2006 appoints 31 January 2007 as the first day of the initial three year period for the purposes of publishing a statement of licensing policy.

 

21.             The Freedom of Information Act 2000 requires public authorities to disclose certain information they hold if it is requested subject to specified exemptions. This includes information contained in responses to consultations

 

22.             Article 8 (right to privacy and family life) and Article 1 of the first protocol (right to peaceful enjoyment of possessions) of the European Convention of Human Rights were considered by the committee in deciding its resolution on 5 July 2005.

 

OPTIONS

 

23.         In respect of the draft statement of licensing policy members may:  

 

Option 1

 

Approve the draft statement of licensing policy and agree to submit a paper to full council recommending adoption of the policy.

 

Option 2

 

Disapprove the draft statement of licensing policy.

 

EVALUATION/RISK MANAGEMENT

 

24.             In producing the statement of licensing policy, the Council has had regard to the Gambling Commission Guidance to Licensing Authorities April 2006.

 

25.             The Council has listened carefully to the views of representatives of persons carrying on gambling businesses in the authorities’ area and. persons who are likely to be affected by the exercise of the authorities’ functions under The Act. As a consequence the council has approached the issue of creating a statement of licensing policy with caution and sensitivity.  Insofar as the trade is concerned this is a very important issue, principally because it has potential financial implications.

26.             The Council has had regard to the Isle of Wight Council Good Practice Guide to Consultation October 2005 and Isle of Wight Council Consultation Strategy October 2005.

 

27.             The Council has had regard to the Cabinet Office Code of Practice on Consultation. The Cabinet office encourages local authorities to follow the code as part of the policy making process. The code suggests a 12 week consultation period but recognises that it may be appropriate for the consultation period to be less.

 

28.             Before publishing a statement of licensing policy, the authority must publish a notice of its intention to do so in accordance with Regulation 7 of the Gambling Act 2005 (Licensing Authority Policy Statement) (England and Wales) Regulations 2006. The latest date for publication of the notice is 17 January 2007.

 

29.             It is expected that the current staffing levels in the licensing team will be sufficient to accommodate the creation of hackney carriage and private hire licence conditions.

 

APPENDICES ATTACHED

 

30.             Appendix 1    Draft Statement of Licensing Policy.

31.             Appendix 2    List of Consultees     .

32.             Appendix 3    Notice advertised in the Isle of Wight County Press (published 8 and 16 September 2006).

33.             Appendix 4    Consultation responses

34.             Appendix 5    Schedule of responses

 

BACKGROUND PAPERS

 

35.             Isle of Wight Council Good Practice Guide to Consultation October 2005

36.             Isle of Wight Council Consultation Strategy October 2005

37.             Cabinet Office Regulatory Impact Unit Code of Practice on Consultation.

38.             Isle of Wight Council Licensing Section Power Point presentation

 

ADDITIONAL INFORMATION

 

39.             None

 

Contact Point:            David Curtis-Botting, Licensing Officer Ext 5155

 

 

 

ROB OWEN

Head of Consumer Protection