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Bedford Borough Council Draft Statement of Gambling Licensing

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Bedford Borough Council Draft Statement of Gambling Licensing For publication BEDFORD BOROUGH COUNCIL – REPORT TO THE MAYOR NOVEMBER 2015 REPORT BY THE (LICENSING ACT 2003) LICENSING COMMITTEE Subject: GAMBLING ACT 2005 – OUTCOME OF CONSULTATION ON THE CONTENT OF THE STATEMENT OF GAMBLING LICENSING PRINCIPLES 2016 – 2019 AND RECOMMENDATIONS THEREON. 1. Executive Summary 1.1 The (Licensing Act 2003) Licensing Committee has followed an agreed programme for the preparation of the Council’s Statement of Gambling Licensing Principles for 2016-19 and considered the responses received from consultees. The Mayor is invited to note that the consultation stage of the preparation is now complete and is also asked to consider the responses received during the two phases of that consultation and to recommend the next Statement of Gambling Licensing Principles to Full Council. 1.2 In considering the recommendations to be made, the Mayor is required to apply the requirements of the Gambling Act 2005 and have regard to the Gambling Commission’s guidance to Councils in respect of their Statements of Gambling Licensing Principles. 1.3 The Mayor is advised that in submitting this report, the (Licensing Act 2003) Licensing Committee has itself considered the consultation responses received and the statutory requirements on the Council as Licensing Authority and unanimously endorsed the adoption of the Statement at Annex B to this report. 2. Recommendations 2.1 That, having overseen the preparation work on a revised Statement of Gambling Licensing Principles: (1) (i) That the responses received from consultees, as set out at Appendix A to this report, be received and considered by the Mayor. (ii) That, having regard to its statutory requirements, the draft revised Statement of Gambling Licensing Principles, as set out at Appendix B to this report be submitted to the Council for adoption for the period 2016-19. 3. Reasons for Recommendations 3.1 There is a statutory requirement for Licensing Authorities to prepare and publish their Statement of Gambling Licensing Principles each successive three years. In preparing its Statement a Licensing Authority must meet certain legislative requirements concerning consultation thereon. The Council adopted a programme for the preparation of a Statement for the period 2016 – 19, including consultation thereon. The (Licensing Act 2003) Licensing Committee having overseen this process is now in a position to make its recommendation to the Mayor. The Mayor’s/Executive’s role is to make appropriate recommendations concerning that Statement to Council. 4. Key Implications Legal Issues 4.1 The statutory requirements in respect of gambling and the Council’s co-regulator role in respect of gambling are set out in the Gambling Act 2005. This is available using the following Link: http://www.gamblingcommission.gov.uk/Licensing- compliance-enforcement/gamblingrelatedlegislation.aspx 4.2 Section 349 of the Gambling Act 2005 (“the Act”) requires all Licensing Authorities to prepare and publish a Statement of Policy in the form of the Gambling Licensing Principles that it proposes to apply in exercising its functions under the Act during the three year period to which the Statement applies. 4.3 The Gambling Act 2005 (Licensing Authority Policy Statement) Regulations 2006 set out the form the statement under section 349 of the Act must comply with. Those Regulations also stipulate the requirement for a public notice of a new (2) Statement of Gambling Licensing Principles to be given at least four weeks prior to the date the Statement is to come into effect (which must be 31 January 2016 for the next statement). 4.4 Section 349 further sets out (at subsection (3)) those who the Licensing Authority must consult in the preparation of a statement of Licensing Principles. These, for this Authority, are the Chief Constable of Bedfordshire Police, persons who represent the interests of those carrying on gambling businesses in the Borough and persons that represent the interests of those likely to be affected by the Council’s approach/decisions on Gambling Licensing. 4.5 When Licensing Authorities develop, consult on, and review their Statements of Gambling Licensing Principles, they must have regard to guidance issued on this matter by the Gambling Commission. The Commission’s current guidance has itself been the subject of review by the Commission and the closing date for its consultation on this matter was 22 June 2015. The finalised revised guidance was issued on 30 September 2015 and is available using the following link: http://www.gamblingcommission.gov.uk/Licensing-authorities/Information-for-licensing-authorities/Guidance-to-licensing- authorities.aspx Policy Issues 4.6 The Statement of Gambling Licensing Principles is the Authority’s Policy in regard to its function under the 2005 Act. The Statement of Licensing Principles is defined in the Council’s Constitution as a Policy Framework matter. It is therefore a matter for the Council to approve. The Mayor/Executive shall formally submit a recommendation to Council concerning the Statement of Licensing Principles. In making such a recommendation the agreed programme for developing the Statement, the Mayor/Executive shall do so, following consideration of a report from the (Licensing Act 2003) Licensing Committee concerning the same. Resource Implications 4.7 There are no direct resource implications as a consequence of this report (the Mayor’s attention is drawn to the responses to the consultation and the potential for litigation arising from matters to which the Statement relates). These matters have been considered by the (Licensing Act 2003) Licensing Committee and the Statement submitted is one the Committee is (3) content to see adopted. The costs of non-compliance with the duty to have and review a Statement of Gambling Licensing Principles are not addressed in this report. Risk Implications 4.8 The primary risk relevant to this report is that a review of the Statement of Gambling Licensing Principles is not conducted as prescribed by law and a revised Statement is not adopted within the defined timescale. The work undertaken to date and the planning of the remaining work of the review to achieve the publication of a revised Statement, as set out in the report seeks to mitigate that risk. Environmental Implications 4.9 There are no environmental risks associated with this report. Equalities Analysis 4.10 In preparing this report, due consideration has been given to the Borough Council’s statutory Equality Duty to eliminate unlawful discrimination, advance equality of opportunity and foster good relations, as set out in Section 149(1) of the Equality Act 2010. A full analysis of the equality implications of any revised Statement of Gambling Licensing Principles has been undertaken and this concluded that the recommendations set out at Section 2 have no adverse impact on the Council’s Equality duty under the 2010 Act. 5. Details 5.1 The Act states that, before each successive period of three years, a Licensing Authority must prepare a statement of the principles that it proposes to apply in exercising its functions under this Act during that period and to publish a statement in accordance with Regulations. In 2006 an Order came into force setting the First Appointed Day as 31 January 2007 with separate Regulations setting out the requirements as to the form and publication of a statement or a revision of that statement. Section 349(2) of the Act states that a Licensing Authority shall review its statement from time to time and if it thinks it necessary in the light of that review, revise the statement and publish the revision before giving it effect. (4) 5.2 The 2013-16 Statement of Gambling Licensing Principles is available online at: http://www.bedford.gov.uk/business/licences_and_street_trading/idoc.ashx?docid=1e278910-65d2-4580-9c2e- 6800e563ca57&version=-1 In addition, it is available upon request from the Head of Democratic and Registration Services. 5.3 The next Statement will be the fourth such Statement for the Borough and will cover the period 31 January 2016 to 30 January 2019. 5.4 The following table sets out the timetable approved by the (Licensing Act 2003) Licensing Committee on 2 July 2015 for the preparation of the Council’s next Statement of Gambling Licensing Principles. It also sets out the revisions made to the timetable as the preparation work proceeded: Element of the Review Commencement point Conclusion point Invite general comments from 10 July 2015 4 September 2015 stakeholders on the issues relating to Gambling Licensing by Councils and the identification of potential areas for revision of the current Statement of Licensing Principles (Phase I Consultation) Submission of the outcome of the N/A 17 September 2015 above consultation and invitation to the Committee to consider possible revisions to the Statement of Licensing Principles. (5) Invitations of comments on the specific 2 October (was originally to be 25 13 November (was originally to be 23 proposed changes to the Statement of September) October) Licensing Principles (Phase II Consultation) Submission of the outcome of the N/A 19 November (was originally to be 5 above consultation and invitation to the November) Committee to consider a draft revised Statement of Licensing Principles. Submission of the Draft Revised N/A To be submitted to the Mayor by Statement to the Mayor/Executive 1 December 2015 (was originally to be considered by the Executive on 2 December 2015) Submission of the Draft Revised N/A 9 December 2015 Statement to Council
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