PAPER B 

 

Purpose: For Decision

Committee:    FULL COUNCIL

 

Date:               17 JANUARY 2007

 

Title:                GAMBLING ACT 2005 STATEMENT OF LICENSING POLICY

 

REPORT OF THE CABINET MEMBER FOR SAFER COMMUNITIES AND FIRE AND RESCUE MODERNISATION.

 

 

 


SUMMARY/PURPOSE

 

1.               To invite the full council to adopt the draft Gambling Act 2005 Statement of Licensing Policy (Appendix 1).

 

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.

 

6.               At a meeting of the Regulatory Committee held on Monday 6 November 2006, the committee considered the draft statement of licensing policy and resolved that the policy be approved subject to minor changes, and that a further paper be submitted to a meeting of the full council recommending adoption of the policy.

 

CONSULTATION

 

7.               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).

 

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

 

9.               The consultation was sent to all persons on the list of consultees 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.

 

10.           Notices were published in the Isle of Wight County Press on Friday 8 September 2006 and Friday 16 September 2006. 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.

 

11.           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

 

12.           Seven responses to the consultation have been received. The results and a schedule of responses are contained in background papers.

 

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.

 

FINANCIAL/BUDGET IMPLICATIONS

 

14.           Broadly, Council expenditure on Licensing matters and specifically those matters administered and enforced through Environmental Health, 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.           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.

 

19.           Regulation 7 of the aforementioned regulations requires a notice to be published on the authority’s website and in a local newspaper circulating in the area covered by the statement, not less than four weeks before the date on which the statement is to be published.  The same regulation also requires that the statement is published on the authority’s website and be made available for public inspection at nominated locations within the authority over the four week period before the statement takes effect.

 

20.           The Gambling Act 2005 (Licensing Authority Policy Statement) (First Appointed Day) Order 2006 requires the statement to take effect by 31 January 2007.  Therefore, the latest date to publish the statement is 31 December 2006.  The authority will not be able to comply with this requirement due to the cancellation of the meeting of full council on Thursday 13 December 2006, where this report was scheduled to be considered. 

 

21.           If full council adopt the policy on 17 January 2007, the earliest date that the statement can take effect is 19 February 2007 (owing to the publication date of the County Press being the 19 January).  The legislation does not specify a penalty for non compliance with the regulations. Failure to publish the statement by 31 January 2007 may be challenged by way of judicial review.

 

22.           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

 

23.           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

 

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

 

Option 1

 

Adopt the draft statement of licensing policy.

 

Option 2

 

Adopt the draft statement of licensing policy, subject to minor amendments proposed and adopted at the full council meeting.

 

EVALUATION/RISK MANAGEMENT

 

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

 

26.           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.

 

27.           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.

 

28.           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.

 

29.           As mentioned in paragraph 21 above, failure to publish the statement by 31 January 2007 may be challenged by way of judicial review.  However, should the council adopt the policy at the meeting on the 17 January the risk that this will occur is considered unlikely, as the policy will be in place by 19 February 2007. 

 

30.           The government is aware of local authorities concerns relating to the timetable for the implementation of the Gambling Act 2005 and also recognises the importance of allowing local authorities adequate time for preparation and training. This is acknowledged in a letter from the Minister of State for Sport, the Rt Hon Richard Caborn MP dated 11 September 2006. Consequently the Minister for Sport has moved the ‘appointed day’ for the acceptance of advance applications from 31 January 2007 to 30 April 2007.  It is considered that the result of this changed date will also lessen the impact of the late publication of the statement.

 

31.           It is currently not possible to fully evaluate the resource implications of enforcement of the Act.  This is compounded currently by the lack of information on fees.  However, it is expected that once further guidance has been published appropriate management decisions can be made to ensure the necessary implementation of the Act. 

 

APPENDICES ATTACHED

 

32.           Appendix 1      Draft Statement of Licensing Policy.

 

BACKGROUND PAPERS

 

33.           Gambling Commission Guidance to Licensing Authorities December 2005.

34.           Gambling Commission Guidance to Licensing Authorities April 2006.

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

39.           List of Consultees

40.           Notice advertised in the Isle of Wight County Press (published 8 & 16 September 2006).

41.           Correspondence: Consultation responses

42.           Schedule of responses to correspondence.

43.           Letter from the Minister of State for Sport, the Rt Hon Richard Caborn MP dated 11 September 2006.

 

ADDITIONAL INFORMATION

 

44.           None

 

Contact Point:  David Curtis-Botting, Licensing Officer ( 825155; Warren Haynes, Environmental Health Manager, ( 826151

 

 

ROB OWEN

Head of Consumer Services

COUNCILLOR BARRY ABRAHAM

Cabinet Member for Safer Communities and Fire and Rescue Modernisation