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

Publication of the Notice required to N/A 20 December 2015 identify the new Statement coming into effect

New Statement of Licensing Principles 31 January 2016 30 January 2019 is operational

5.5 The consultees in the preparation of the next Statement of Gambling Licensing Principles were:

Bedfordshire Police Bedfordshire Fire & Rescue Service

(6) Bedford Borough Council  Planning Services  Children’s Services  Regulatory Services Faith Groups Parish Councils Neighbouring Principal Councils Licensees GamCare HM Revenue & Customs The Gambling Commission The Association of British Bookmakers General Federation of Trade Unions Mencap Federation of Licensed Victuallers Responsibility in Gambling Trust The Bingo Association British Casino Association The Public

5.6 Where possible, consultees were advised of the consultation and requested to submit views electronically. However, consultation responses could also have been submitted by letter and other forms of communication.

5.7 The submissions received during the consultation on a revised Statement of Gambling Licensing Principles are set out in Annex A. The Mayor is invited to consider these. The Annex identifies separately the responses received during Phase I of the consultation and those received during Phase II of the consultation. The basis and timing of these Phases are set out at paragraph 5.4 above. . 5.8 The (Licensing Act 2003) Licensing Committee, at its 17 September 2015 meeting discussed the position concerning fixed odds betting terminals, given their alleged addictive nature and the high stakes offered, and the possible adverse impact of their use on the Gambling Licensing Principles. The Committee resolved, amongst other things, to:

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“note the coverage given to what is said to be the addictive nature of fixed odds betting terminals (FOBTs), particularly in betting shops, and specifically invites comments on the possible inclusion within the Statement of Gambling Licensing Principles for 2016-19 of appropriate safeguards to prevent such FOBTs being utilised in premises licenced locally for gaming/gaming machines in a way that adversely impacts on the gambling licensing principles.”

5.9 As a consequence of the above, the letters to consultees as part of Phase II of the consultation included the following text:

“The Council has noted the coverage given to what is said to be the addictive nature of Fixed Odds Betting Terminals (FOBTs) in, particularly Betting Shops, and specifically invites comments on the possible inclusion within the final Statement of Gambling Licensing Principles for 2016-19 of appropriate safeguards to prevent such FOBTs being utilised in premises licensed locally for gaming/gaming machines measures in a way that adversely impacts on the Gambling Licensing Principles. As such views are specifically sought on this issue also.”

5.10 Several of the responses to the Phase II consultation reference this above point.

5.11 The (Licensing Act 2003) Licensing Committee also authorised the Head of Democratic & Registration Services to send a letter on the Committee’s behalf to the Parliamentary Under-Secretary of State responsible for Licensing asking for clarification on the Government’s policy intentions on the regulation of fixed odds betting terminals. A copy of this letter is available at the following link (or otherwise from the Head of Democratic and Registration Services): http://www.councillorsupport.bedford.gov.uk/ieListDocuments.aspx?CId=126&MId=3847&Ver=4 (Appendix B). At the date of the meeting of the Committee on 19 November 2015 no reply had been received to that letter.

5.12 A draft revised Statement of Licensing Principles is set out at Annex B. This has been considered by the (Licensing Act 2003) Licensing Committee. The Mayor is invited to consider this and, if satisfied adopt the prepared Statement (with revisions) for submission to Full Council. The Appendix identifies the changes from the current Statement by the use of ‘tracked changes’. The proposed revisions are submitted having taken into account the comments submitted in the consultation exercises as part of the preparation of the Council’s Statement.

(8) 5.13 On 30 September 2015 the Gambling Commission issued its 5th edition of Guidance to Licensing Authorities. This sets out, among other things, the approach to be taken in preparation of Licensing Authority Statements of Licensing Principles. The Press statement by the Commission on the revisions to its previous Guidance to Licensing Authorities states:

“Other drivers for the proposed amendments to the guidance are to:

 reflect recent changes to the social responsibility provisions within the Commission’s Licence conditions and codes of practice  promote local partnership working between licensing authorities and local gambling operators to facilitate a coordinated approach to local issues  provide greater clarity about the wide range of powers afforded to licensing authorities to manage local gambling regulation through measures such as their statements of licensing policy.”

5.14 Specifically in relation to the first of the above bullet points, the Commission has amended its operator licence conditions and codes of practice to introduce a requirement for operators to prepare local risk assessments in relation to all their premises from April 2016. The specific change to the Commission’s Social Responsibility Code is as follows:

“Licensees must assess – and have policies, procedures and control measures to mitigate – local risks to the licensing objectives, taking account of the licensing authority’s statement of licensing policy.

Local risk assessments must be reviewed when there are significant changes in local circumstances or at the premises, or when applying for a new licence or variation of a licence.”

5.15 These assessments may be shared with the licensing authority and the proposed revised Statement of Gambling Licensing Principles sets out this Council’s expectations of operators’ risk assessments. The change to the Commission’s Ordinary Code is as follows:

“Licensees should share their risk assessment with the licensing authority when applying for a new licence or to vary a licence, or on request.”

(9) This change also comes into effect in April 2016.

5.16 The Commission’s updated guidance for licensing authorities recommends that, like operators, licensing authorities complete and map their own assessment of local risks and concerns by developing local area profiles to help shape their statements. The objective of the profiles is to set out what areas within the Borough are characterised by, what risks this might pose to the licensing objectives, and what the implications of this are for the licensing authority and operators. Work on this will progress. The proposed Statement of Gambling Licensing Principles references the development of these profiles and identifies that it is intended to categorise areas as high, medium and low risk based on the factors identified. The implications are that operators will be asked to use the risk ratings when applying for an authorisation and otherwise when preparing or reviewing their own assessments under the amended Social Responsibility Code.

The profiles will reference:

 schools, sixth form colleges, youth centres etc, with reference to the potential risk of under-age gambling  hostels or support services for vulnerable people, such as those with addiction issues or who are homeless, given the greater risk of problem gambling among these groups  religious buildings  any known information about issues with problem gambling  the surrounding night time economy, and possible interaction with gambling premises  patterns of crime or anti-social behaviour in the area, and specifically linked to gambling premises  the socio-economic makeup of the area  the density of different types of gambling premises in certain locations  specific types of gambling premises in the local area (eg, seaside resorts may typically have more arcades or FECs).

The (Licensing Act 2003) Licensing Committee invited the Head of Democratic and Registration Services to prepare such profiles and submit them for consideration by the Committee at future meetings as and when they are prepared. The first envisaged profile would be in respect of Midland Road area of Bedford Town.

5.17 In relation to the issue of Fixed Odds Betting Terminals (FOBTs), the Mayor is advised of House of Commons Briefing Paper Number 06946 dated 12 August 2015. This is available at:

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http://researchbriefings.files.parliament.uk/documents/SN06946/SN06946.pdf

5.18 This briefing paper in turn references the Gaming Machine (Circumstances of Use)(Amendment) Regulations 2015 which were designed to provide for measures to improve interaction and more conscious decision making in respect of the use of FOBTs. The changes introduced by these regulations were:

• the “identification condition” - after a customer has identified herself to an operator, payments made in respect of a stake of more than £50 can be made. Acceptable forms of ID include a customer card, pin number and password, or pre-paid card (e.g. smart card or ticket). In order to obtain one of these, the customer must verify her home address, e-mail address or telephone number.

• the “supervision condition” – this allows payments made by a customer to be used to stake in excess of £50 if each such payment has been processed or approved as a result of a face to face interaction between the customer and staff acting on behalf of the operating licence holder. Before the first occasion on which a customer pays more than £50, this condition requires that each such payment is processed over the counter by staff on the premises. After that first occasion, subsequent payments may be processed by staff at the counter or be approved by staff at the gaming machine itself.

• the “proceeds condition” - allows customers to stake in excess of £50 by applying a money prize won on the B2 machine. A money prize satisfies this condition if it was won as the result of one or more payments made to that machine which satisfied the identification condition or the supervision condition, or the application of one or more money prizes won as a result of payments made to that machine which satisfied those conditions. Each such prize must have been accumulated through playing the machine, and be held in the credit meter of that machine.

5.19 In respect of whether licensing authorities require additional powers to address the issue of the addictive effect claimed about FOBTs, the Mayor is reminded of its existing powers to determine applications for premises licences (and the scope to attach conditions to those licences. Responsible Authorities and Interested Parties also have the power to instigate a review of a premises licence and this also provides for a power to attach conditions to licences.

(11) 5.20 The (Licensing Act 2003) Licensing Committee noted that all of the 22 Betting Shops licensed in the Borough had deployed four FOBT machines (based on recent inspections prior to 19 November 2015). By law these shops were, once licensed, permitted to deploy up to four of those FOBTs. The decisions of the operators concerned to deploy the maximum permitted number of these machines was a matter the Committee considered.

5.21 Particularly in relation to the above, the (Licensing Act 2003) Licensing Committee adopted a pool of model conditions that is then available for all applicants, operators, responsible authorities and interested parties to reference when considering appropriate measures to support the three licensing objectives set out in the Gambling Act 2005. This pool of model conditions is available using the following link (or otherwise from the Head of Democratic and Registration Services) http://www.councillorsupport.bedford.gov.uk/ieListDocuments.aspx?CId=126&MId=3847&Ver=4 (Appendix E).

Annex A – Outcome of Consultation – second phase only

Annex B – Draft revised Statement of Gambling Licensing Principles 2016-19

(12) Annex A Gambling Act 2005 – Statement of Gambling Principles Review 2015 Responses received to the Consultation Name Response Phase I Response Bingo Thank you for providing The Bingo Association with a link to your consultation on the statement of gambling Association policy for Bedford Borough Council. There is a mistake in section 8.21 in relation to the stakes and prizes for category C gaming machines. The maximum prize for these machines increased from £70 to £100 in 2014, please see attached Statutory Instrument. I have not checked the accuracy of s.8.21 for the other categories of gaming machines, some of which also had changes to their stake and prize limits, as set out in the attached S.I

[Note: The first phase of consultation did not include a draft revised Statement for 2016-19. Instead, consultees were invited for general comments and were directed to the Council’s current Statement (for 2013-16)]

All Nations Thank you for the opportunity to comment on Bedford Borough Council Statement of Gambling Licensing Church Principles. We consider the Statement to be very comprehensive, and do not see any changes that are needed or that we could suggest. Our only concern is what happens in practice, especially where children and young Brickhill Drive people are concerned. Although that is covered in principle in the document, it does dependent on effective enforcement. However we realise that implementation is outside the scope of this consultation.

Sharnbrook Thank you for your letter of 3rd August. My Committee met to discuss this last week, and felt that they had no Parish Council comments to make regarding any amendments to the above. There have been no concerns regarding the application of the principles in this area

Religious We considered the Statement of Principles at our Meeting for Business on Sunday 6th September. I have been Society of asked to report that we agree with all the 'questions/statements' and strongly agree that your Statement is easy to Friends read. Additionally, we are pleased to note the emphasis on safeguarding and protecting children and vulnerable (Quakers adults, along with the widened understanding of the term 'vulnerable’. Please keep us informed and involved with the next stages of the review. It is a matter of concern for us. Thank you.

Association of We act for the Association of British Bookmakers (ABB) and have received instructions to respond on behalf of British our client to all current consultations of the Councils’ reviews of their gambling statement. We understand that Bookmakers / since your previous statement was adopted in January 2013, there have been no issues brought to the attention GossChalk of the authority that would require radical change. Solicitors We also understand that as there are no local areas of concern, you do not proposed this juncture to set out in your policy statement what it is expected that operators will include within premises risk assessments.

The ABB welcomes your light touch approach to the review of your statement of gambling licensing principles and note that you do not intend to make significant changes to that statement.

The information below details the ABB’s position and beliefs with regard to changes that could be proposed. If there is an intention to amend the policy then we would be grateful if these could be taken into account.

The ABB represents over 80% of the high street betting market. Its members include large national operators such as William Hill, Ladbrokes, Coral and Paddy Power, as well as almost 100 smaller independent bookmakers.

This response will explain the ABB approach to partnership working with local authorities, it will detail its views on the implementation of the new LCCP requirements, from April 2016, relating to operators’ local area risk assessments and their impact on the licensing regime.

The ABB is concerned to ensure that any changes are not implemented in such a way as to fundamentally change the premises licence regime through undermining the “aim to permit” principle contained within s153 Gambling Act 2005.

The current regime already adequately offers key protections for communities and already provides a clear process (including putting the public on notice) for representations/objections to premises licence applications. The recent planning law changes effective since April 2015 have also already increased the ability of local authorities to consider applications for new premises, as all new betting shops must now apply for planning

2 permission.

It is important that any consideration of the draft policy and its implementation at a local level is put into context. There has recently been press coverage suggesting that there has been a proliferation of betting offices and a rise in problem gambling rates. This is factually incorrect.

Over recent years betting shop numbers have been relatively stable at around 9,000 nationally, but more recently a trend of overall downwards decline can be seen. The latest Gambling Commission industry statistics show that numbers as at 31 Mar 2015 were 8,958 - a decline of 179 from the previous year, when there were 9,137 recorded as at 31 March 2014.

As far as problem gambling is concerned, successive prevalence surveys and health surveys reveal that problem gambling rates in the UK are stable (0.6%) and possibly falling.

Working in partnership with local authorities

The ABB is fully committed to ensuring constructive working relationships exist between betting operators and licensing authorities, and that where problems may arise that they can be dealt with in partnership. The exchange of clear information between councils and betting operators is a key part of this and we welcome the opportunity to respond to this consultation.

There are a number of examples of the ABB working closely and successfully in partnership with local authorities.

LGA – ABB Betting Partnership Framework

In January 2015 the ABB signed a partnership agreement with the Local Government Association (LGA). This was developed over a period of months by a specially formed Betting Commission consisting of councillors and betting shop firms and established a framework designed to encourage more joint working between councils and the industry.

Launching the document Cllr Tony Page, LGA Licensing spokesman, said it demonstrated the

“…desire on both sides to increase joint-working in order to try and use existing powers to tackle local concerns, whatever they might be.”

The framework built on earlier examples of joint working between councils and the industry, for example the Ealing Southall Betwatch scheme and Medway Responsible Gambling Partnership.

In Ealing, the Southall Betwatch was set up to address concerns about crime and disorder linked to betting shops in the borough. As a result, crime within gambling premises reduced by 50 per cent alongside falls in public order and criminal damage offences.

In December last year, the Medway Responsible Gambling Partnership was launched by Medway Council and the ABB. The first of its kind in Britain, the voluntary agreement allows anyone who is concerned they are developing a problem with their gambling to exclude themselves from all betting shops in the area.

The initiative also saw the industry working together with representatives of Kent Police and with the Medway Community Safety Partnership to develop a Reporting of Crime Protocol that is helpful in informing both the industry, police and other interested parties about levels of crime and the best way to deal with any crime in a way that is proportionate and effective.

Lessons learnt from the initial self-exclusion trial in Medway have been incorporated into a second trial in Glasgow city centre, launched in July this year with the support of Glasgow City Council, which it is hoped will form the basis of a national scheme to be rolled out in time for the LCCP deadline for such a scheme by April 2016.

Jane Chitty, Medway Council’s Portfolio Holder for Planning, Economic Growth & Regulation, said:

“The Council has implemented measures that work at a local level but I am pleased to note that the joint work we are doing here in Medway is going to help the development of a national scheme.”

Describing the project, Glasgow’s City Treasurer and Chairman of a cross-party Sounding Board on gambling,

Cllr Paul Rooney said:

“This project breaks new ground in terms of the industry sharing information, both between operators and, crucially, with their regulator.”

Primary Authority Partnerships in place between the ABB and local authorities

All major operators, and the ABB on behalf of independent members, have also established Primary Authority Partnerships with local authorities.

These Partnerships help provide a consistent approach to regulation by local authorities, within the areas covered by the Partnership; such as age-verification or health and safety. We believe this level of consistency is beneficial both for local authorities and for operators.

For instance, Primary Authority Partnerships between Milton Keynes Council and Reading Council and their respective partners, Ladbrokes and Paddy Power, led to the first Primary Authority inspection plans for gambling coming into effect in January 2015.

By creating largely uniform plans, and requiring enforcing officers to inform the relevant Primary Authority before conducting a proactive test-purchase, and provide feedback afterwards, the plans have been able to bring consistency to proactive test-purchasing whilst allowing the Primary Authorities to help the businesses prevent underage gambling on their premises.

Local area risk assessments

With effect from 6th April 2016, under new Gambling Commission LCCP provisions, operators are required to complete local area risk assessments identifying any risks posed to the licensing objectives and how these would be mitigated.

Licensees must take into account relevant matters identified in the licensing authority’s statement of licensing policy and local area profile in their risk assessment, and these must be reviewed where there are significant

5 local changes or changes to the premises, or when applying for a variation to or a new premises licence.

The ABB is concerned that overly onerous requirements on operators to review their local risk assessments with unnecessary frequency could be damaging. As set out in the LCCP a review should only be required in response to significant local or premises change. In the ABB’s view this should be where evidence can be provided to demonstrate that the change could impact the premises’ ability to uphold the three licensing objectives.

Although ABB members will be implementing risk assessment at a local premises level, we do not believe that it is for the licensing authority to prescribe the form of that risk assessment. We believe that to do so would be against better regulation principles. Instead operators should be allowed to gear their risk assessments to their own operational processes informed by Statements of Principles and the local area profile.

The ABB supports the requirement as set out in the LCCP, as this will help sustain a transparent and open dialogue between operators and councils. The ABB is also committed to working pro-actively with local authorities to help drive the development of best practice in this area.

Local Area Profiles – Need for an evidence based approach

It is important that any risks identified in the local area profile are supported by substantive evidence. Where risks are unsubstantiated there is a danger that the regulatory burden will be disproportionate. This may be the case where local authorities include perceived rather than evidenced risks in their local area profiles.

This would distort the “aim to permit” principle set out in the Gambling Act 2005 by moving the burden of proof onto operators. Under the Act, it is incumbent on licensing authorities to provide evidence as to any risks to the licensing objectives, and not on the operator to provide evidence as to how they may mitigate any potential risk.

A reversal of this would represent a significant increase in the resource required for operators to be compliant whilst failing to offer a clear route by which improvements in protections against gambling related harm can be made.

We would also request that where a local area profile is produced by the licensing authority that this be made

6 clearly available within the body of the licensing policy statement, where it will be easily accessible by the operator and also available for consultation whenever the policy statement is reviewed.

Concerns around increases in the regulatory burden on operators

Any increase in the regulatory burden would severely impact on our members at a time when overall shop numbers are in decline, and operators are continuing to respond to and absorb significant recent regulatory change. This includes the increase to 25% of MGD, changes to staking over £50 on gaming machines, and planning use class changes which require all new betting shops in England to apply for planning permission.

Moving away from an evidence based approach would lead to substantial variation between licensing authorities and increase regulatory compliance costs for our members. This is of particular concern for smaller operators, who do not have the same resources to be able to put into monitoring differences across all licensing authorities and whose businesses are less able to absorb increases in costs, putting them at risk of closure.

Such variation would in our opinion also weaken the overall standard of regulation at a local level by preventing the easy development of standard or best practice across different local authorities.

Employing additional licence conditions

The ABB believes that additional conditions should only be imposed in exceptional circumstances where there are clear reasons for doing so - in light of the fact that there are already mandatory and default conditions attached to any premises licence. The ABB is concerned that the imposition of additional licensing conditions could become commonplace if there are no clear requirements in the revised licensing policy statements as to the need for evidence.

This would further increase variation across licensing authorities and create uncertainty amongst operators as to licensing requirements, over complicating the licensing process both for operators and local authorities.

Conclusion

The industry fully supports the development of proportionate and evidenced based regulation, and is committed to minimising the harmful effects of gambling. The ABB is continuing to work closely with the Gambling Commission and the government to further evaluate and build on the measures put in place under the ABB Code for Responsible Gambling, which is mandatory for all our members.

ABB and its members are committed to working closely with both the Gambling Commission and local authorities to continually drive up standards in regulatory compliance in support of the three licensing objectives: to keep crime out of gambling, ensure that gambling is conducted in a fair and open way, and to protect the vulnerable.

Indeed, as set out, we already do this successfully in partnership with local authorities now. This includes through the ABB Code for Responsible Gambling, which is mandatory for all our members, and the Safe Bet Alliance (SBA), which sets voluntary standards across the industry to make shops safer for customers and staff. We would encourage local authorities to engage with us as we continue to develop both these codes of practice which are in direct support of the licensing objectives.

Coral Coral Racing Limited is most grateful to be given the opportunity to respond to this consultation exercise. Coral Bookmakers was one of the first national bookmakers to be licensed under the Betting and Gaming Act of 1960, and so has been operating the length and breadth of the UK for over 50 years. Its premises comprise locations in the inner city, on the high street, in suburbs and in rural areas, and in areas of both high and low deprivation. It now operates 1850 betting offices across Great Britain, which comprise about 20% of all licensed betting offices. It is, therefore, a highly experienced operator. Coral Racing Limited are supportive of your existing document (dated January 2013) and understand from the letter of invite to the consultation, that this document is proposed again to be used with the addition of the ‘risk assessment’ criteria (as yet, not detailed). Coral Racing notes that the Board when considering applications are still required to ‘aim to permit gambling’ where this is ‘reasonably consistent with the licensing objectives’. We note the inclusion within the document that when judging applications, the Council should not take into account of any moral objections to gambling. Coral Racing Limited recognise the requirement to supply risk assessments with future applications & variations following the consultation completion (requirement is from 6th April 2016) and whilst this detail is not currently

included within the Statement, we would be pleased to contribute to a consultation when it is. From viewing other Council’s documents, the best practise applied is to not indicate specific locations or styles of locations which are not suitable for a premises licence. Certain Councils have attempted to be prescriptive and following discussions with them, we believe that a number are being re-drafted. All applications should be judged on its merits and Coral knows of no evidence that the location of a licensed betting office itself causes harm to the licensing objectives. Coral’s experience is that through all it does, it achieves an exemplary degree of compliance already, and attracts negligible evidence of regulatory harm. Through the additional local risk assessment to be introduced, Coral believe that these should be a) to assess specific risks to the licensing objectives in the local area, and b) to assess whether control measures going beyond standard control measures are needed. Phase II Response Park Road Thank you for consulting us on the Consultation Statement of Gambling Licensing Principles. Methodist In reply I write on behalf of Park Rd Methodist Church in Park Road West to register our view on the proposals Church outlined. We are diametrically opposed to any arrangement which may increase the opportunity for gambling. Our view is that gambling easily becomes addictive and can lead to the destruction of families. It also promotes the attitude of something for nothing. As the law stands young people are not allowed in betting shops. If there is any suggestion that gambling machines may become more accessible to under 18s we would strenuously oppose such a move. We would also oppose the FOBTs being available anywhere. The Methodist Church is against Gambling on principle and Park Road Church members heartily support that outlook.

London Road You will probably know that until recently no form of gambling was allowed on Methodist premises. The current Methodist position, quoting from The Methodist Church website, is that "Methodist churches are now, under Standing Order Church 924, allowed to hold small raffles on Methodist premises where the sum expended on prizes does not exceed £50, none of the prizes may be cash prizes, and the raffle must not be 'a substantial inducement' for persons to attend the event. No other forms of gambling are permitted on Methodist premises or at Methodist events."

The website also states, under the heading "What is the Church's involvement in changes to gambling legislation?", that " The Church has also been very active in the development of public policy on gambling, particularly in pressing for measures to protect children and vulnerable people. Prior to the 2005 Gambling Act it gave written and oral evidence to Parliamentary select committees and the Joint Committee on the Draft Gambling Bill, and campaigned alongside other Churches to highlight concerns around the proposals. . In 2011 the Methodist Church was again called to give written and oral evidence to the Culture, Media and Sport select

committee about the impact of the Gambling Act 2005. It continues to engage with regulators and other bodies to ensure that debates around gambling and public policy reflects the concerns of the Church."

The history of Methodism's concerns about gambling are set out on the website. I hope the above will be useful.

Bedfordshire We support the direction that Bedford BC is taking to try and redress the deep rooted issues in Midland Road Police Bedford, amply demonstrated with the joint action taking on a licensing front with Trading Standards etc.

We recognise that Coral Bookmakers is sometimes cited as a reference point for anti-social behaviour and sometimes disorder. However, we are unable to directly attribute this to the activity or business of the premises itself as believe that is used generally as a landmark reference point to enable resources to respond accurately to reports made to the Police.

Further work and analysis would have to be undertaken to reference incidents around this location to see if there was any correlation for example between opening times and services offered against ASB or disorder. We can undertake this work but are unable to do so within the time scales of this current consultation.

Please let me know if you wish to commission such analysis and I will endeavour to provide this in due course.

Goss Chalks We act for the Association of British Bookmakers and on behalf of our client responded to the recent consultation Solicitors on on the authorities statement of gambling licensing principles for 2016-19. behalf of Association of We have now been sent a copy of your letter dated 2nd October 2015 inviting comments on the possible inclusion British within the new statement of licensing principles of appropriate safeguards to prevent fixed odds betting terminals Bookmakers being utilised in a way that adversely impacts on gambling licensing principles. This letter causes the ABB significant concerns. Any attempt to limit the use of gaming machines in betting shops is unlawful and could be the subject of a legal challenge by one or more operator.

A betting premises licence authorises the holder to make up to four gaming machines available for use (s172(8) Gambling Act 2005). This is a statutory right and the licensing authority has no power to restrict this number. To interfere with this right is unlawful.

The letter dated 2nd October indicates that “the council has noted the coverage given to what is said to be the addictive nature of fixed odds betting terminals…” We note that you refer only to “coverage” and not to evidence. There is no independent evidence that fixed odds betting terminals cause any more problems than any other gambling product.

Research by the Responsible Gambling Trust into gaming machines in betting shops published in December 2014 did not find evidence of this and having analysed billions of pieces of gaming session data concluded that problem gambling is a complex issue and focusing on one element alone will not decrease the rates of gambling related harm.

It is not clear what “appropriate safeguards” are suggested. If these “appropriate safeguards” have the effect of limiting the right to make gaming machines available for use then the imposition of such “safeguards” will be challenged.

On behalf of our client, however, it is submitted that no such additional safeguards are required as the industry has already implemented measures to provide its customers with the tools to stay in control of their machine gambling.

The ABB introduced its original Code of Conduct for Responsible Gaming in September 2013. This code of conduct introduced consumer protection measures based on the principle of informed player choice across over 8000 betting offices in the UK.

The original code introduced the ability for customers to set limits on gaming machines. In January 2015, in response to evidence which showed that over 75% of those setting a limit stuck to it, the ABB made it mandatory for customers to decide whether to set a limit before they can start to play.

The original code has been updated and the 2015 ABB Responsible Gambling Code will be implemented from November 1st 2015. ABB members are required to operate measures to support customers staying in control on gaming machines. These customer support measures for machine use include,

 The requirement that customers set voluntary spending limits, timing limits or both before they can start playing machines.

 The operation of a system of staff alerts when limits are hit.  Staff training with regard to interaction with customers triggering alerts.  The provision of a player statement (if participating in account based play) upon request showing a detailed record of the time and money spent  The issue of mandatory reminders after every 30 minutes played or £250 added to the machine  The introduction of a mandatory 30 second break in play upon reaching a limit in order to consider whether to continue before the customer can start playing again  A new code on advertising including there being no gaming machine advertising in shop windows and a requirement that all ABB members adhere to the Cross Industry Gambling Industry Code on Socially Responsible Advertising.

These measures will be supported by behavioural analytics – the application of data algorithms by operators to customer data based on identifiable marks of harm. This will allow staff to identify customers who may be at risk and intervene at an early stage. ABB members must comply with agreed ABB minimum standards on behavioural analytics relating to both the use of data algorithms and follow up interactions with customers when they are produced.

In addition, the ABB has led the way in implementing multi-operator self-exclusion and established trials are currently underway in Chatham and Glasgow; the Glasgow pilot recently having been extended to take in over 300 shops across the wider Glasgow area. The ABB scheme is well on track to be implemented ahead of the required April 2016 deadline set by the Gambling Commission, and adherence with the ABB scheme once in place is a mandatory requirement of the 2015 Responsible Gambling Code.

We trust that on the basis of the above information, the licensing authority will accept that the industry is determined to ensure that the operation of premises is consistent with the licensing objectives, that policies and procedures are evolving at all times to ensure that betting remains an enjoyable pastime for those who participate and that there is no need for additional regulation at a premises licence level.

The ABB will robustly defend the statutory right of its members to make up to four gaming machines available for use. If you feel that a meeting with the ABB would assist your understanding of the way that the industry operates and the steps it takes to promote responsible gambling then please contact Richard Taylor at this office.

Coral Further to our first letter within your initial stage of consultation, Coral Racing Limited is once again most grateful to be given the opportunity to respond to your draft statement.

Coral Racing Limited again note that new risk assessment criteria is not included within your proposed statement and understand that this will be included at a later date according to your letter of guidance, dated 2nd October 2015. We fully recognise the requirements of this new section as detailed within our first letter. Coral Racing appreciate that a range of locations are included within Gambling Commission guidance to councils but wish to ensure that by inclusion in the risk assessment, there is no inference that such locations in close proximity to the licensed premises, are at greater risk of causing harm to the licensing objectives. In our opinion, there is no evidence to support such a link.

The majority of council documents which are currently being reviewed, do cover this new area and have managed to consolidate their guidance into one or two paragraphs. We would caution against the council providing a long list of locations which must be risk assessed which are not proportionate to the styles of businesses we operate. However, as an established national operator, we will of course commit our best endeavours to completing the new requirements to your satisfaction.

Coral Racing also note the third paragraph within your letter regarding FOBT’s. Coral Racing and the wider betting industry have gone to great lengths to ensure that all customers using the facilities have the relevant information available whilst at the same time, implementing revised procedures limiting stake levels and ensuring that our 'responsible gambling' position is maintained at all times. Our industry body (The Association of British Bookmakers) will be replying further on this subject which we support. If we can provide any further information, we would be pleased to do so.

Poppleston Paddy Power is Ireland's biggest Bookmaker and operates both a retail business through licensed betting Allen on behalf offices and an online/telephone business. Paddy Power operates 251 licensed betting offices in Ireland and of Power Leisure 325 betting offices in the United Kingdom. Bookmakers Paddy Power is a leading national operator of betting premises with clear and proactive policies to promote the Gambling Licensing Objectives. Operators of premises licences have full authority to provide their services by

13 the provision of an Operators' Licence granted by the Gambling Commission. The UK's gambling regulator has therefore approved the measures implemented by operators to ensure that effective anti-money laundering procedures are implemented and that policies have been developed that ensure responsible trading in accordance with gambling legislation, the licensing objectives and the Licence Conditions and Codes of Practice. Of particular relevance are the obligations and requirements now placed upon operators under the social responsibility provisions of the LCCP, which were introduced by the Gambling Commission earlier this year.

We refer the authority to the Regulators' Code, which was introduced by the Legislative and Regulatory Reform Act 2006 and provides the code to which the Authority must have regard. Specifically, regulators should avoid imposing unnecessary burdens and choose proportionate approaches to those they regulate and have mechanisms in place for consultation. The Code provides that before any changes in policy are implemented the effect that any proposed amendments may have on businesses should be considered and stakeholders should be engaged. The Regulator's Code also identifies that where local risks are to be addressed, an evidenced based approach should be taken.

Unnecessary burdens would include those which duplicate existing regulation. Licensing Authorities must therefore avoid approaches to regulation in their policy statements which mirror those already imposed by the Gambling Commission.

Location and the licensing objectives

The draft policy confirms that the Authority will pay particular attention to the protection of children and vulnerable persons from being harmed or exploited by gambling. The policy also states that consideration will

14 be given to the location of proposed premises in particularly sensitive locations along with those areas with known high levels of crime and disorder (sections 8.10 and 8.12). In order to fully address any potential concerns. all risk profiles must be based upon factual evidence of gambling related harm in consideration of those measures already in place to mitigate actual rather than theoretical risk. Well managed and controlled premises, compliant with the Gambling Commission's LCCP, do not pose a gambling related risk to children and young people and additional measures, controls or conditions considered should not be imposed to address wider social issues. Any reference to vulnerability should specifically address evidence based risks of gambling related harm caused to individuals and populations identified. Any additional proposed measures to mitigate those risks will only be appropriate where they cannot be addressed by operators' existing measures and compliance with governing legislation.

As part of any analysis of crime and disorder, the Authority must consider the prevalence of illegal gambling and ensure that any policies or controls proposed to address crime are proportionate to the existing operational procedures implemented and that they will effectively address any concerns identified.

Should the Licensing Authority contemplate introducing detailed policies regarding the location of specific gambling premises (section 8.7}, thorough details should be provided for consultation with stakeholders at that time. Such consultation would permit the thorough assessment of the validity of any potential local area profiling that may be completed. Any evidence gathered should directly correlate with actual risks identified in those locations and appropriate assessment completed of any detrimental impact that any proposed gaming provision may have. Fixed Odds Betting Terminals

The Authority has requested comments on the potential inclusion of appropriate safeguards within the Statement

of Gambling Principles to address concerns regarding the use of FOBTs. Should the Authority seek to include any such commentary, details should be provided for further consultation to enable the thorough assessment of any proposals. Any finalised policy must not suggest that gaming premises or the use of Fixed Odds Betting Terminals pose an inherent risk to either the licensing objectives or 'vulnerable people', regardless of status or evidence of actual harm. As discussed above, premises operated in accordance with the requirements of the governing legislation, which implement effective policies such as those relating to advertising practice, self-exclusion, age verification, training and the provision of appropriate information, do not pose a gambling related risk. Should operators be asked to implement additional measures to mitigate any perceived risks, all 'safeguards' must be proportionate, appropriate and not duplicate existing regulatory obligations.

Primary Authority

Power Leisure Bookmakers Limited has established a Primary Authority Partnership with Reading Council. The primary authority worked with the Gambling Commission to develop a national inspection strategy to be implemented to help protect underage people from gambling. The Association of British Bookmakers (ABB, the trade association for the betting industry) and BACTA (the trade association for the amusement and gaming machine industry) have both signed a coordinated partnership Primary Authority (PA) agreement with Reading Borough Council for age restricted sales of gambling. Such schemes enable a consistent approach to regulation and enforcement and provide a uniform standard.

Premises Completion

We note at paragraph 8.6 that an applicant cannot obtain a full premises licence until the premises in which it is proposed to offer gambling is constructed. This paragraph requires updating following the determination of R

(on the application of) Betting Shops Services Limited-v-Southend-on-Sea Borough Council [2008] EWHC 105 (admin). See also the Gambling Commission's Guidance to Licensing Authorities 5th edition at paragraph 7.64 and preceding paragraphs).

Conclusion

We are committed to working in partnership with the Gambling Commission and local authorities to continue to promote best practice and compliance in support of the licensing objectives.

Religious I have read the draft Statement for 2015 and am pleased to note that the Council is strengthening the controls on Society of Fixed Odds Betting Terminals, especially to protect children and other vulnerable people. The addictive nature of Friends and potential for harm posed by these machines requires careful regulation and monitoring. Bedford (Quakers) The draft is clearly set out.

Thank you for including us in your consultation process.

BEDFORD BOROUGH COUNCIL Formatted: Font: 28 pt, Bold

Formatted: Font: 28 pt, Bold DRAFT STATEMENT OF GAMBLING LICENSING Formatted: Font: 28 pt, Bold PRINCIPLES 2016-19

Formatted: Font: 28 pt, Bold PREPARED NOVEMBER 2015

CONTENTS

EXECUTIVE SUMMARY ......

PART A: GENERAL ......

CHAPTER 1 – The Licensing Objectives ......

CHAPTER 2 – Introduction ......

CHAPTER 3 – Responsible Authorities ......

CHAPTER 4 – Interested parties ......

CHAPTER 5 – Exchange of Information ......

CHAPTER 6 – Enforcement ......

CHAPTER 7 – Licensing Authority functions ......

PART B: PREMISES LICENCES ......

CHAPTER 8 – General Principles ......

CHAPTER 9 – Adult Gaming Centres ......

CHAPTER 10 – (Licensed) Family Entertainment Centres ......

CHAPTER 11 – Casinos ......

CHAPTER 12 – Bingo premises ......

CHAPTER 13 – Betting premises ......

CHAPTER 14 – Tracks ......

CHAPTER 15 – Travelling Fairs ......

CHAPTER 16 – Gaming Machines ......

CHAPTER 17 – Lotteries ......

CHAPTER 18 – Provisional Statements ......

CHAPTER 19 – Reviews ......

PART C: PERMITS/TEMPORARY & OCCASIONAL USE NOTICES ......

CHAPTER 20 – Unlicensed Family Entertainment Centre gaming machine permits ......

CHAPTER 21 – (Alcohol) Licensed premises gaming machine permits ...... 32

CHAPTER 22 – Prize Gaming Permits ......

CHAPTER 23 – Club Gaming and Club Machines Permits ...... Formatted: Font: (Default) Arial 2

CHAPTER 24 – Temporary Use Notices ......

CHAPTER 25 – Occasional Use Notices ......

APPENDICES ...... 36

APPENDIX 1 – Consultation Criteria ......

APPENDIX 2 – List of Stakeholders this Authority Consulted ......

APPENDIX 3 – Responsible Authorities ......

APPENDIX 4 – Council Delegation of Functions under the Gambling Act 2005 ......

APPENDIX 5 – Relevant Government Legislation ......

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EXECUTIVE SUMMARY

Under the Gambling Act 2005, the Bedford Borough Council has a range of responsibilities related to gambling. These include licensing any premises used for gambling, regulating the use of gaming machines and the playing of games such as poker in pubs and clubs, and granting permits to certain types of amusement arcades.

The Act provides for a unified regulator for gambling in Great Britain, the Gambling Commission, and a licensing regime for commercial gambling (to be conducted by the Commission or by licensing authorities, depending on the matter to be licensed). The Commission and licensing authorities share between them responsibility for all matters previously regulated by licensing justices.

This document has been divided into three main parts and sets out the functions of the Bedford Borough Council and how we intend to meet the objectives of the 2005 Act in the three year period from January 20163. Part A deals with background information to the 2005 Act, including the licensing objectives, functions of licensing authorities, responsible authorities and enforcement. Part B provides some detail on premises licences for a range of facilities, including family entertainment centres, casinos, bingo and betting premises, travelling fairs and reviews of premises licences. Part C concludes with information on permits/temporary and occasional use notices, unlicensed family entertainment centres and prizes.

The 2005 Act lists a number of offences. For example, gambling is unlawful in Great Britain unless permitted by:  measures contained in the 2005 Act; or  measures contained in the National Lottery etc Act 1993, or pursuant to the Financial Services and Markets Act 2000.

The Bedford Borough Council aims to permit the use of premises for gambling. Applications should be granted if they:  Are reasonably consistent with the licensing objectives;  Accord with the Gambling Commission’s Guidance and Codes of Practice; and  Accord with the Bedford Borough’s Statement of Gambling Principles.

It should be noted that there is no time limit on a premises licence, however they may be surrendered or subject to review. Any interested party or responsible authority may apply to have a premises licence reviewed, and if this happens there will be a hearing unless the licensing authority decides the application for review is vexatious or frivolous. If a party is not happy with the result of the hearing, they can appeal.

Responsible authorities can also make representations on applications for a premises licence.

The Bedford Borough Council is required under the 2005 Act to maintain a register of permits they issue, and this information is available for inspection by the public.

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PART A: GENERAL

CHAPTER 1 – The Licensing Objectives

1.1 In exercising most of their functions under the Gambling Act 2005 (‘the 2005 Act’), licensing authorities must have regard to the licensing objectives as set out in section 1 of the 2005 Act. The licensing objectives are:

 Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime;  Ensuring that gambling is conducted in a fair and open way; and  Protecting children and other vulnerable persons from being harmed or exploited by gambling.

1.2 It should be noted that the Gambling Commission has stated: “The requirement in relation to children is explicitly to protect them from being harmed or exploited by gambling”.

1.3 This licensing authority is aware that, as per Section 153 of the 2005 Act, in making decisions about premises licences and temporary use notices it should aim to permit the use of premises for gambling in so far as it thinks it is:

 in accordance with any relevant code of practice issued by the Gambling Commission;  in accordance with any relevant guidance issued by the Gambling Commission  reasonably consistent with the licensing objectives; and  in accordance with the authority’s approved Statement of Gambling Licensing Principles.

CHAPTER 2 – Introduction 2.1 Bedford Borough is centrally located about 50 miles (80km) north of London. The Borough is served by East Midlands and Thameslink train services, with journeys to St Pancras International in as little as 35 minutes.

2.2 Geographically, Bedford is predominantly a rural Borough covering 47,641 hectares and comprising the county town of Bedford (including the urban parish of Brickhill) the adjacent Town of Kempston, and 45 rural parishes. The Borough has a population of 163,900 (2014) and approximately 67,000 households.

2.3 The population increased by 11% between 2001 and 2014, with much of that growth located in the rural parishes bordering the urban area. At the time of publication of this Statement there were several major residential developments underway, including the large new community of Wixams. It is estimated that 63% of the total population currently lives in the urban area and 37% in the rural.

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2.1 Bedford Borough is centrally located about 50 miles (80km) north of London. The Borough is served by East Midlands and First Capital Connect train services offering a regular rail service to London – Bedford to St Pancras International in as little as 35 minutes.

2.2 Geographically, Bedford is predominantly a rural Borough covering 47,641 hectares and comprising the county town of Bedford, the adjacent urban area of Kempston and 45 rural parishes. It has a population of 157,800 (2011) with approximately 65,000 households.

2.3 Since 2001, the rural population has risen at a higher rate than the urban, largely due to large scale developments on the fringes of the urban area, including the major new community of The Wixams. It is estimated that 63% of the total population currently lives in the urban area and 37% in the rural.

2.4 A recent study has identified the need for 6,000 new homes between 2014 and 2021. As a result, the Borough’s population is expected to grow significantly to Formatted: Font: (Default) Arial 6 more than 175,000 by 2021. Longer term, the population is projected to rise to 199,000 in 2037.

2.5 Bedford Borough has an ethnically diverse population. The 2011 Census reported that 28.5% of the population was from Black and minority ethnic groups (non-‘White British’) compared to 20.2% nationally. The BME population increased by 16,400 between 2001 and 2011, whereas the ‘White British’ population declined by 6,900. More than 1 in 6 residents (17.6%) was born outside the UK.

2.6 The BME population is concentrated in the Towns of Bedford and Kempston, with particularly large BME communities in Queens Park (75%) and Cauldwell (59%) electoral wards. The proportion of BME residents is highest among younger age groups.

2.7 Approximately 16% of residents had a limiting long-term illness or disability in 2011, below the national level of 17.6%. Life expectancy is above the national average, but slightly below the East of England region. However, the most deprived areas of the Borough experience significantly lower life expectancy, with a difference of up to 14 years between the most deprived and least deprived areas.

2.8 Unemployment, as measured by those claiming Jobseeker’s Allowance, was 2,080 (June 2015) or 2.0% of the 16-64 population; this exceeded the national average (1.7%) and was significantly above the region (1.3%). However, unemployment in the Borough has declined significantly from the high of 4,363 (4.3%) in February 2013.

2.9 While overall deprivation in the Borough is in the mid-range of all English local authorities, there are pockets of significant deprivation, with parts of three Bedford Town electoral wards among the 10% most disadvantaged areas in England. Almost 20% of children are raised in income deprived households, and this rises to almost 50% in the most deprived areas of the Borough.

2.10 In 2011, approximately 70% of residents who were in employment worked in the Borough, with 7% working in Central Bedfordshire, 5% in Milton Keynes, 4% in London, and 14% elsewhere. On balance, slightly more people commuted to jobs outside the Borough than came into the Borough to work.

2.11 There were 76,300 Borough residents in employment in 2011, an increase of 5,700 (7.5%) since 2001. The principal feature of the Borough’s employment structure is the over-representation of public administration, education and health employment (33%) compared to England (30%) and the region (27%).

2.12 Employment by occupation is broadly in line with the national profile. Major occupational groups include managerial and professional (29%), administrative and skilled trades (22%), and unskilled jobs (19%).

2.13 In 2011, 66.7% of Borough households were owner occupiers, which was above the national average of 64.2%. However, in keeping with national trends, home ownership levels have declined since 2001 (72.4%), with the private rental market growing significantly from 11.8% of households in 2001 to 17.2% in 2011. Formatted: Font: (Default) Arial 7

2.4 In 2001, an estimated 60 different minority ethnic groups comprised 19.2% of the population, much higher than the national average of 12.5%. The non-White British population is estimated to have increased to 23% by 2009, largely due to the Borough experiencing significant in-migration from the EU Accession countries, particularly Poland. In some central Bedford wards, non-White British communities form half the total population.

2.5 Approximately 16% of people had a limiting long-term illness or disability in 2001. Overall life expectancy is similar to regional averages, but the gap between the most deprived and least deprived areas in the Borough is 14.6 years for men and 12.8 years for women.

2.6 Unemployment, as measured by those claiming Jobseeker’s Allowance, is currently 4.1% (September 2012); this exceeds the national average (3.8%) and is significantly above the region (3.0%). Bedford and Kempston has a higher unemployment rate (5.3%). While overall deprivation in the Borough is in the mid- range of all English local authorities, there are pockets of significant deprivation, with parts of three Bedford wards among the 10% most disadvantaged areas in England.

2.7 In 2001, approximately 71% of residents worked in the Borough, with 5% working in Milton Keynes and 4% working in London. On balance, slightly more people commuted to jobs outside the Borough than came into the Borough to work. However, it is likely that the level of net out-commuting from the Borough has increased since 2001.

2.8 There were 79,300 Borough residents in employment in 2010, an increase of 11,400 (16.8%) since 2001. The principal feature of the Borough’s employment structure is the over-representation of public administration, education and health employment (37%) compared to England (30%) and the region (29%).

2.9 Employment by occupation is broadly in line with national averages. Major occupational groups include managerial and professional (32%), administrative and skilled trades (17%), and unskilled jobs (20%).

2.10 In 2001, 72.4% of Borough households were owner occupiers compared to the national average of 68.9%. However, the 2011 Census is expected to show that home ownership rates have declined since 2001, in line with national trends, with the private rental market growing significantly.

CHAPTER 3 – Responsible Authorities

3.1 The responsible authorities under the Gambling Act 2005 are listed in Appendix 3 of this statement. They will also be available with contact details on the Council’s website.

3.2 The licensing authority is required by regulations to state the principles it will apply in exercising its powers under Section 157(h) of the 2005 Act to designate, in writing, a body which is competent to advise the authority about the protection of children from harm. The principles are:

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 the need for the body to be responsible for an area covering the whole of the licensing authority’s area; and  the need for the body to be answerable to democratically elected persons, rather than any particular vested interest group.

3.3 In accordance with the suggestion in the Gambling Commission’s Guidance for local authorities, this authority designates the Bedford Borough Council as provider of Children’s Social Care Local Safeguarding Children Board for this purpose.

CHAPTER 4 – Interested parties

4.1 Interested parties can make representations about licence applications, or apply for a review of an existing licence. These parties are defined in the 2005 Act as follows:

“For the purposes of this Part a person is an interested party in relation to an application for or in respect of a premises licence if, in the opinion of the licensing authority which issues the licence or to which the application is made, the person- a) lives sufficiently close to the premises to be likely to be affected by the authorised activities, b) has business interests that might be affected by the authorised activities, or c) represents persons who satisfy paragraph (a) or (b)”

4.2 The licensing authority is required by regulations to state the principles it will apply in exercising its powers under the 2005 Act to determine whether a person is an interested party. The principles are:

4.2.1 Each case will be decided upon its merits. This authority will not apply a rigid rule to its decision making. It will consider the examples of considerations provided in the Gambling Commission’s Guidance for local authorities at 8.9 to 8.1811 to 8.18. It will also consider the Gambling Commission's Guidance that "has business interests" should be given the widest possible interpretation and include partnerships, charities, faith groups and medical practices.

4.3 The Gambling Commission has recommended that the licensing authority states that interested parties include trade associations and trade unions, and residents’ and tenants’ associations (Gambling Commission Guidance for local authorities 6.25). This authority will not however generally view these bodies as interested parties unless they have a member who can be classed as an interested person under the terms of the 2005 Act i.e. lives sufficiently close to the premises to be likely to be affected by the activities being applied for.

4.4 Interested parties can be persons who are democratically elected such as councillors and MP’s. No specific evidence of being asked to represent an interested person will be required as long as the councillor/MP represents the ward likely to be affected. Likewise, parish councils likely to be affected,affected will be Formatted: Font: (Default) Arial 9 considered to be interested parties. Other than these however, this authority will generally require written evidence that a person/body (e.g. an advocate/relative) ‘represents’ someone who either lives sufficiently close to the premises to be likely to be affected by the authorised activities and/or has business interests that might be affected by the authorised activities. A letter from one of these persons, requesting the representation is sufficient.

4.5 If individuals wish to approach Councillors to ask them to represent their views then care should be taken that the Councillors are not part of the Licensing Committee dealing with the licence application. If there are any doubts then please contact the Democratic and Registration Services Group and Records Unit at (01234) 2769345 or e-mail [email protected].

4.6 Representations are only admissible if they are made by a responsible authority or an interested party. An admissible representation is only relevant if it raises issues arising from s153 of the 2005 Act, namely: (1) Codes prescribed by the Secretary of State; (2) Guidance issued by the Gambling Commission; (3) the) the three licensing objectives; or (4) the Statement published by the local authority.

4.7 The application will only be refused on the grounds that it fails to satisfy the requirements in s153 of the Act (as above) that it is not reasonably consistent with the licensing objectives and accord with the Guidance; Codes; and Statement of the Local Authority.

4.8 In the event that an applicant,applicant or person who made representations is unhappy with the outcome, they can appeal to the Magistrates Court. Details on the appeals process is found in Part 12 of the Guidance to Licensing Authorities issued by the Gambling Commission, and in s206-9 of the 2005 Act.

CHAPTER 5 – Exchange of Information

5.1 Licensing authorities are required to include in their statements the principles to be applied by the authority in exercising the functions under sections 29 and 30 of the 2005 Act with respect to the exchange of information between it and the Gambling Commission, and the functions under section 350 of the 2005 Act with respect to the exchange of information between it and the other persons listed in Schedule 6 to the 2005 Act.

5.2 The principle that this licensing authority applies is that it will act in accordance with the provisions of the 2005 Act in its exchange of information which includes the provision that the Data Protection Act 1998 will not be contravened. The licensing authority will also have regard to any Guidance issued by the Gambling Commission to local authorities on this matter when it is published, as well as any relevant regulations issued by the Secretary of State under the powers provided in the 2005 Act.

5.3 Should any protocols be established as regards information exchange with other bodies then they will be made available. Formatted: Font: (Default) Arial 10

5.4 Within the above guidelines, if there are persistent or serious problems at premises that an operator could or should do more to prevent and are relevant to the overall gambling licensing regime, the Authority will bring this to the attention of the Commission so that it can consider the continuing suitability of the operator to hold a licence from the Commission.

CHAPTER 6 – Enforcement

6.1 Licensing authorities are required by regulation under the 2005 Act to state the principles to be applied by the authority in exercising the functions under Part 15 of the 2005 Act with respect to the inspection of premises; and the powers under section 346 of the 2005 Act to institute criminal proceedings in respect of the offences specified.

6.2 This licensing authority’s principles are that: It will be guided by the Gambling Commission’s Guidance for local authorities and will endeavour to be:

 Proportionate: regulators should only intervene when necessary; remedies should be appropriate to the risk posed; and costs identified and minimised;  Accountable: regulators must be able to justify decisions, and be subject to public scrutiny;  Consistent: rules and standards must be joined up and implemented fairly;  Transparent: regulators should be open, and keep regulations simple and user friendly; and  Targeted: regulation should be focused on the problem, and minimise side effects.

It will also exercise its powers with due regard to the Regulators’ Compliance Code.

6.3 As per the Gambling Commission’s Guidance for local authorities, this licensing authority will endeavour to avoid duplication with other regulatory regimes so far as possible.

6.4 This licensing authority will also, as recommended in the Gambling Commission’s Guidance for local authorities, adopt a risk-based inspection programme. This will be based on the licensing objectives relevant codes of practice, guidance issued by the Gambling Commission, the principles set out in this Statement of Principles and any other information provided by the Commission, the Police and other responsible authorities to target agreed problems or high risk premises.

6.5 The main enforcement and compliance role for this licensing authority in terms of the 2005 Act will be to ensure compliance with the premises licences and other permissions which it authorises. The Gambling Commission will be the enforcement body for the operating and personal licences. It is also worth noting that concerns about manufacture, supply or repair of gaming machines will not be dealt with by the licensing authority but will be notified to the Gambling Commission. Formatted: Font: (Default) Arial 11

6.6 This licensing authority will also keep itself informed of developments as regards the work of the Better Regulation Executive in its consideration of the regulatory functions of local authorities.

6.7 Bearing in mind the principle of transparency, this licensing authority’s enforcement/compliance protocols/written agreements will be available upon request to the Democratic and Registration Services Group on and Records Unit at (01234) 2769345 or e-mail [email protected]

6.8 The authority recognises that certain bookmakers have a number of premises within its area. 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, whom the authority will contact first should any compliance queries or issues arise.

CHAPTER 7 – Licensing Authority functions

7.1 Licensing Authorities are required under the 2005 Act to:

 Be responsible for the licensing of premises where gambling activities are to take place by issuing Premises Licences;  Issue Provisional Statements;  Regulate members’ clubs and miners’ welfare institutes who wish to undertake certain gaming activities via issuing Club Gaming Permits and/or Club Machine Permits;  Issue Club Machine Permits to Commercial Clubs  Grant permits for the use of certain lower stake gaming machines at unlicensed Family Entertainment Centres;  Receive notifications from alcohol licensed premises (under the Licensing Act 2003) for the use of two or fewer gaming machines;  Issue Licensed Premises Gaming Machine Permits for premises licensed to sell/supply alcohol for consumption on the licensed premises, under the Licensing Act 2003, where there are more than two machines;  Register small society lotteries below prescribed thresholds;  Issue Prize Gaming Permits;  Receive and Endorse Temporary Use Notices;  Receive Occasional Use Notices;  Provide information to the Gambling Commission regarding details of licences issued (see chapter 5 above on ‘information exchange);  Maintain registers of the permits and licences that are issued under these functions

7.2 It should be noted that local licensing authorities will not be involved in licensing remote gambling at all. This will fall to the Gambling Commission via operating licences.

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7.3 The Gambling Commission has recommended that licensing authorities include a list of licensable activities in their policy statements. Formatted: List Paragraph, Left, No bullets or numbering CHAPTER 8 – Local Risk Assessment Formatted: Font: Bold Formatted: Font: Bold 8.1 From the 6 April 2016 The Gambling Commission’s Licence Conditions Formatted: Font: Bold and Code of Practice (LCCP) require gambling premises to assess the local risks to Formatted: Tab stops: 2 cm, Left the licensing objectives posed by the provision of gambling facilities at their premises and have policies, procedures and control measures to mitigate those risks.

8.2 The LCCP also anticipates that licensees will review (and update as Formatted: Font: Bold necessary) their local risk assessments:

a. to take account of significant changes in local circumstance, including Formatted: Indent: Left: 2 cm those identified in this statement ; b. when there are significant changes at a licensee’s premises that may affect their mitigation of local risks; c. when applying for a variation of a premises licence; and Formatted: Font color: Blue d. in any case, undertake a local risk assessment when applying for a new premises licence.

8.3 The Council will expect the local risk assessment to consider as a minimum:

 whether the premises is in an area of deprivation Formatted: Indent: Left: 2 cm, First line: 0 cm, Bulleted + Level: 1 +  whether the premises is in an area subject to high levels of crime Aligned at: 0.63 cm + Indent at: 1.27 and/or disorder cm  the ethnic profile of residents in the area  the demographics of the area in relation to vulnerable groups  the location of services for children such as schools, playgrounds, toy shops, leisure centres and other areas where children will gather

8.4 In any case the local risk assessment should show how vulnerable people, Formatted: Font: Bold, Font color: including people with gambling dependencies, are protected. Blue Formatted: Font color: Blue Other matters that the assessment may include: Formatted: Tab stops: 2 cm, Left

 The training of staff in brief intervention when customers show signs of Formatted: Indent: Left: 2 cm, First line: 0 cm, Bulleted + Level: 1 + excessive gambling, the ability of staff to offer brief intervention and how Aligned at: 0.63 cm + Indent at: 1.27 the manning of premises affects this. cm  Details as to the location and coverage of working CCTV cameras, and how the system will be monitored.  The layout of the premises so that staff have an unobstructed view of persons using the premises.  The number of staff that will be available on the premises at any one time. If at any time that number is one, confirm the supervisory and monitoring arrangements when that person is absent from the licensed area or distracted from supervising the premises and observing those persons using the premises. Formatted: Font: (Default) Arial 13

 Arrangements for monitoring and dealing with under age persons and vulnerable persons, which may include dedicated and trained personnel, leaflets, posters, self-exclusion schemes, window displays and advertisements not to entice passers-by etc.  The provision of signage and documents relating to games rules, gambling care providers and other relevant information be provided in both English and the other prominent first language for that locality.  Where the application is for a betting premises licence, other than in respect of a track, the location and extent of any part of the premises which will be used to provide facilities for gambling in reliance on the licence.

8.5 The Council will expect the applicant to show that there are policies and Formatted: Font: Bold, Font color: procedures in place to protect children from harm. Harm in this context is not limited Blue to harm from gambling but includes wider child protection considerations. Formatted: Font color: Blue

The efficiency of such policies and procedures will each be considered on their merits, however, they may include:

 appropriate measures and training for staff as regards suspected truant Formatted: Bulleted + Level: 1 + Aligned at: 0.63 cm + Indent at: 1.27 children on the premises cm  measures and training covering how staff would deal with unsupervised very young children being on the premises  measures and training covering how staff would deal with children causing perceived problems on or around the premises.  the arrangements for supervision of premises either by staff or the use of CCTV. Any CCTV system installed should both the interior and the entrance working to the latest Home Office and ACPO standards and to the satisfaction of Bedfordshire Police and the local authority.  The system must record images clearly and these recordings be retained for a minimum of 31 days. If the equipment is inoperative the police and local authority must be informed as soon as possible and immediate steps taken to make the system operative. Notices must be displayed at the entrances advising that CCTV is in operation. Formatted: Indent: Left: 1.27 cm 8.6 The Licensing Authority has noted that the Responsible Gambling Strategy Board’s analysis of data from the British Gambling Prevalence Survey 2010 identified that:

“Overall population participation in machines in bookmakers is much lower than for Formatted: Font: Italic slot machines. But the participation rate for bookmakers’ machines increased between 2007 and 2010, from 3 to 4 per cent, while participation rates for slot machines fell from 15 to 13 per cent over the same period. The greatest increases were among men aged 16-24. The gender gap also widened, the age profile became younger and a greater proportion of those participating came from lower income groups, which was related to age. In both survey years those who played machines in bookmakers were very engaged with both gambling generally and machine gambling specifically.”

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“In sum, there is a growing group of gamblers participating in machines in Formatted: Font: Italic bookmakers who might be more at risk of problem gambling given that age, gender and income are all correlated with problem gambling. In addition, the evidence points to a further high risk group of machine gamblers – multi-venue machine gamblers.”

8.7 The Licensing Authority will expect that appropriate research findings are addressed in individual local risk assessments prepared by operators taking account of the business plan for the premises and the profile of the area in which the premises is (to be) situated. The Licensing Authority will consider the available information to better inform the decision making process on individual applications.

CHAPTER 9 – Local Area Profile Formatted: Font: Bold

9.1 Each locality has its own character and challenges. In order to assist Formatted: Font: Bold applicants, where there is an issue in a local area which impacts on how the applicant should complete their risk assessment, the Council will publish local licensing guidance.

9.2 This guidance would need to be considered by the Licensing Committee prior Formatted: Font: Bold to adoption. The local area profiles will indicate whether there are high, medium or low risks associated with the area and operators would be expected to specifically address the risks identified as appropriate. Additional information may be required from applicants (or in the case if any review, licence Holders) to ensure that the Licensing Authority is in the best position to assess its responsibilities in exercise of its powers under the Gambling Act 2005.

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PART B: PREMISES LICENCES

CHAPTER 108 – General Principles

8.1 10.1 Premises licences will be subject to the requirements set-out in the 2005 Formatted: Font: Bold Act and regulations, as well as specific mandatory and default conditions which will Formatted: No bullets or numbering be detailed in regulations issued by the Secretary of State. Licensing authorities are able to exclude default conditions and also attach others, where it is believed to be appropriate.

8.2 10.2 This licensing authority is aware that in making decisions about premises Formatted: Font: Bold licences it should aim to permit the use of premises for gambling in so far as it thinks Formatted: No bullets or numbering it is:

 in accordance with any relevant code of practice issued by the Gambling Commission;  in accordance with any relevant guidance issued by the Gambling Commission ;  reasonably consistent with the licensing objectives; and  in accordance with the authority’s statement of licensing policy.

8.3 10.3 It is appreciated that as per the Gambling Commission's Guidance for Formatted: Font: Bold local authorities "moral or ethical objections to gambling are not a valid reason to Formatted: No bullets or numbering reject applications for premises licences" (except as regards any 'no casino resolution' - see section on Casinos below – chapter 113) and also that unmet demand is not a criterion for a licensing authority.

8.4 10.4 Definition of “premises” - Premises is defined in the 2005 Act as “any Formatted: Font: Not Italic place”. Different premises licences cannot apply in respect of a single premises at Formatted: No bullets or numbering different times. However, it is possible for a single building to be subject to more than one premises licence, provided they are for different parts of the building and the different parts of the building can be reasonably regarded as being different premises. Whether different parts of a building can properly be regarded as being separate premises will always be a question of fact in the circumstances. However, the Gambling Commission does not consider that areas of a building that are artificially or temporarily separate can be properly regarded as different premises.

8.5 10.5 This licensing authority takes particular note of the Gambling Formatted: Font: Bold Commission’s Guidance for local authorities which states that: Formatted: No bullets or numbering

 licensing authorities should take particular care in considering applications for multiple licences for a building and those relating to a discrete part of a building used for other (non-gambling) purposes. In particular they should be aware that entrances and exits from parts of a building covered by one or more licences should be separate and identifiable so that the separation of different premises is not compromised and that people do not ‘drift’ into a gambling area. The plan of the premises should clearly denote entrances and Formatted: Font: (Default) Arial 16

exits. ; and

The Guidance also outlines that licensing authorities should pay particular attention to applications where access to the licensed premises is through other premises (which themselves may be licensed or unlicensed). Clearly, there will be specific issues that authorities should consider before granting such applications, for example, whether children can gain access; compatibility of the two establishments; and ability to comply with the requirements of the 2005 Act. But, in addition an overriding consideration should be whether, taken as a whole, the co-location of the licensed premises with other facilities has the effect of creating an arrangement that otherwise would, or should, be prohibited under the 2005 Act.

8.6 10.6 It should also be noted that an applicant cannot obtain a full premises Formatted: Font: Bold licence until the premises in which it is proposed to offer the gambling are Formatted: No bullets or numbering constructed. The Gambling Commission has advised that reference to "the premises" are to the premises in which gambling may now take place. Thus a licence to use premises for gambling will only be issued in relation to premises that are ready to be used for gambling. This authority agrees with the Gambling Commission that it is a question of fact and degree whether premises are finished to a degree that they can be considered for a premises licence. The Gambling Commission emphasises that requiring the building to be complete at application stage ensures that the authority can, if necessary, inspect it fully, as can other responsible authorities with inspection rights.

8.7 10.67 Location - This licensing authority is aware that demand issues cannot Formatted: Font: Not Italic be considered with regard to the location of premises but that considerations in Formatted: No bullets or numbering terms of the licensing objectives can. As per the Gambling Commission’s Guidance Formatted: Font: Not Italic for local authorities, this authority will pay particular attention to the protection of children and vulnerable persons from being harmed or exploited by gambling, as well as issues of crime and disorder. Should any specific policy be decided upon as regards areas where gambling premises should not be located, this statement will be updated. It should be noted that any such policy does not preclude any application being made and each application will be decided on its merits, with the onus upon the applicant showing how potential concerns can be overcome.

8.8 10.78 Duplication with other regulatory regimes - This licensing authority Formatted: Font: Not Italic will seek to avoid any duplication with other statutory/regulatory systems where Formatted: No bullets or numbering possible, including planning. This authority will not consider whether a licence Formatted: Font: Not Italic application is likely to be awarded planning permission or building regulations approval, in its consideration of it. It will though, listen to, and consider carefully, any concerns about conditions which are not able to be met by licensees due to planning restrictions, should such a situation arise.

8.9 10.89 Licensing objectives - Premises licences granted must be reasonably Formatted: Font: Not Italic consistent with the licensing objectives. With regard to these objectives, this Formatted: No bullets or numbering licensing authority has considered the Gambling Commission’s Guidance to local Formatted: Font: Not Italic authorities and some comments are made below.

8.10 10.910 Preventing gambling from being a source of crime or disorder, Formatted: No bullets or numbering being associated with crime or disorder or being used to support crime - This Formatted: Font: (Default) Arial 17 licensing authority is aware that the Gambling Commission will be taking a leading role in preventing gambling from being a source of crime. The Gambling Commission's Guidance does however envisage that licensing authorities should pay attention to the proposed location of gambling premises in terms of this licensing objective. Thus, where an area has known high levels of organised crime this authority will consider carefully whether gambling premises are suitable to be located there and whether conditions may be suitable such as the provision of door supervisors. This licensing authority is aware of the distinction between disorder and nuisance and will consider factors such as whether police assistance was required and how threatening the behaviour was to those who could see it, so as to make that distinction. Issues of nuisance cannot be addressed via the 2005 Act provisions.

Formatted: Font: Not Italic 8.11 10.101 Ensuring that gambling is conducted in a fair and open way - This Formatted: Font: Not Italic licensing authority has noted that the Gambling Commission has stated that it would Formatted: No bullets or numbering generally not expect licensing authorities to deal with issuesbecome concerned with ensuring that gambling is conducted in a of fairness and openopenness frequently. way as this These issues will be addressed via operating and personal licences. There is however, more of a role with regard to tracks which is explained in more detail in the 'tracks' section below – chapter 14).

10.1128.12 Protecting children and other vulnerable persons from being harmed or exploited by gambling - This licensing authority has noted the Gambling Commission's Guidance for local authorities states (in respect of premsies licensing) that this objective means preventing children from taking part in gambling. It is also generally states that and for there to be restrictions on advertising so that gambling products are not aimed at children or advertised in such a way that makes them particularly attractive to children, excepting Category D gaming machines. Persons operating premises must adhere to social responsibility and ensure social responsibility at all times when reasonable. Persons operating premises must have regard to best practice issued by organisations that represent the interests of vulnerable people. The licensing authority will therefore consider, as suggested in the Gambling Commission's Guidance, whether specific measures are required at particular premises, with regard to this licensing objective. Appropriate measures may include supervision of entrances/machines, segregation of areas etc. When filling in application forms to show how they will fulfil the objective of protecting children and vulnerable people, the applicant should show they have policies and procedures in place to protect children from harm. It is insufficient to say ‘to comply with the Gambling Act 2005’ or ‘as per licence conditions’ or ‘as per previous application’. The applicant should also send evidence of their policies/ procedures together with their applications.

810.123 This licensing authority will also make itself aware of the Codes of Practice which the Gambling Commission issues as regards this licensing objective, in relation to specific premises such as casinos.

108.134 As regards the term “vulnerable persons” it is noted that the Gambling Commission is not seeking to offer a definition but states that “it does for regulatory purposes assume that this group includes people who gamble more than they want to; people who gamble beyond their means; and people who may not be able to Formatted: Font: (Default) Arial 18 make informed or balanced decisions about gambling due to a mental impairment, alcohol or drugs.” This licensing authority will consider this licensing objective on a case by case basis. Should a practical definition prove possible in future then this policy statement will be updated with it, by way of a revision. Problem gambling is a much hidden form of addiction with little recognition.

810.145 Conditions - Any conditions attached to licences will be proportionate and will be:

 relevant to the need to make the proposed building suitable as a gambling facility;  directly related to the premises and the type of licence applied for;  fairly and reasonably related to the scale and type of premises; and  reasonable in all other respects. The authority is aware that the mandatory and default conditions imposed by the Gambling Commission will normally be sufficient to regulate gambling premises. In exceptional cases where there are specific risks or problems associated with a particular locality, specific premises or class of premises the authority may consider attaching individual conditions related to the licensing objectives.

108.156 Decisions upon individual conditions will be made on a case by case basis, although there will be a number of measures this licensing authority will consider utilising should there be a perceived need, such as the use of supervisors, appropriate signage for adult only areas etc. There are specific comments made in this regard under some of the licence types below. This licensing authority will also expect the licence applicant to offer his/her own suggestions as to ways in which the licensing objectives can be met effectively.

108.17 Conditions will not normally duplicate protection which is already imposed by regulation from the Commission. Before any condition is imposed the Authority will identify the following: (1) which of the licensing objectives is threatened; (2) actual evidence of such threat; (3) reasons why the proposed condition would be effective to address such threat; and (4) reasons why such threat is not already addressed by existing regulation in the form of operators licence conditions, premises licence mandatory conditions and Gambling Commission codes of practice.

810.18 This licensing authority will also consider specific measures which may be required for buildings which are subject to multiple premises licences. Such measures may include the supervision of entrances; segregation of gambling from non-gambling areas frequented by children; and the supervision of gaming machines in non-adult gambling specific premises in order to pursue the licensing objectives. These matters are in accordance with the Gambling Commission's Guidance.

810.19 This authority will also ensure that where category C or above Formatted: Font color: Red machines are on offer in premises to which children are admitted: Formatted: Font color: Red

 all such machines are located in an area of the premises which is separated from the remainder of the premises by a physical barrier which is effective to prevent access other than through a designated entrance; Formatted: Font: (Default) Arial 19

 only adults are admitted to the area where these machines are located;  access to the area where the machines are located is supervised;  the area where these machines are located is arranged so that it can be observed by the staff or the licence holder; and  at the entrance to and inside any such areas there are prominently displayed notices indicating that access to the area is prohibited to persons under 18.

8.19 To assist operators, responsible authorities, interested parties and the Licensing Authority a pool of model conditions has been prepared and approved. Operators and other are encouraged to refer to these in relation to applications and the general operation of premises subject to an authorisation under the Gambling Act 2005.

810.20 These considerations will apply to premises including buildings where multiple premises licences are applicable.

108.21 At the time of issuing this statement, the proposed maximum stakes and prizes for different categories of gaming machines were as follows1:

Category of machine Maximum Stake (from Maximum Prize July 2011) (from July 2011) A Unlimited – No category A gaming machines are currently permitted. B1 £52 £10,000 (with maximum £20,000 linked progressive jackpot on a premises basis only) 4,000 B2 £100 ( in multiples of £10) £500 B3A £1 £500 B3 £2 £500 B4 £21 £400250 C £1 £10070 D – Non-money prize 30p £8 (other than a crane grab Machine or a coin pusher or penny falls machine) D – Non-money prize £1 £50 (crane grab machine) D – money prize (other than a 10p £5 coin pusher or penny falls machine) D – Combined money 10p £8 (of which no more and non-money prize than £5 may be in (other than a coin pusher money prize)

1 For updates to this table please refer to the Gambling Commission Guidance on the website http://www.gamblingcommission.gov.uk/Client/news/pressrelease_detail.asp?id=14. Formatted: Font: (Default) Arial 20

or penny falls machine) D – Combined money 2010p £2015 (of which no and non-money prize more than £108 may (coin pusher or penny be a money prize) falls machine)

810.22 This licensing authority is aware that tracks may be subject to one or more than one premises licence, provided each licence relates to a specified area of the track. As per the Gambling Commission's Guidance, this licensing authority will consider the impact upon the third licensing objective and the need to ensure that entrances to each type of premises are distinct and that children are excluded from gambling areas where they are not permitted to enter.

108.23 It is noted that the Act sets out certain matters that may not be subject of conditions: there are conditions which the licensing authority cannot attach to premises licences which are:

 S.169(4) prohibits a licensing authority from imposing a condition on a premises licence which makes it impossible to comply with an operating licence condition  S.172 (10) provides that conditions may not relate to gaming machine categories, numbers, or method of operation  S.170 provides that membership of a club or body cannot be required by attaching a condition to a premises licence (the Act specifically removed the membership requirement for casino and bingo clubs and this provision prevents it being reinstated)  S.171 prevents a licensing authority imposing conditions in relation to stakes, fees, winnings or prizes.any condition on the premises licence which makes it impossible to comply with an operating licence condition;  conditions relating to gaming machine categories, numbers, or method of Formatted: Tab stops: 0.63 cm, Left operation;  conditions which provide that membership of a club or body be required (the 2005 Act specifically removes the membership requirement for casino and bingo clubs and this provision prevents it being reinstated; and  conditions in relation to stakes, fees, winning or prizes.

810.24 Door Supervisors - The Gambling Commission advises in its Guidance for local authorities that licensing authorities may consider whether there is a need for door supervisors in terms of the licensing objectives of protection of children and vulnerable persons from being harmed or exploited by gambling, and also in terms of preventing premises becoming a source of crime (and disorder). It is noted though that the door supervisors at casinos or bingo premises are not required to be licensed by the Security Industry Authority (SIA). This licensing authority will consider the need for door supervisors and the training accreditation and deployment of them on a case by case basis. This is in recognition of the nature of the work in terms of searching individuals, dealing with potentially aggressive persons, etc.

108.25 For premises other than casinos and bingo premises, operators and licensing authorities may decide that supervision of entrances/machines is appropriate for particular cases but it will need to be decided whether these need to be SIA licensed or not. This licensing authority regards the regulation of door Formatted: Font: (Default) Arial 21 supervisors by the SIA as a positive contribution to the professionalism of door supervisors and would expect such professionalism among door supervisors at casino and/or bingo licensed premises.

CHAPTER 911 – Adult Gaming Centres

9.1 11.1 This licensing authority will specifically have regard to the need to protect Formatted: Font: Bold children and vulnerable persons from harm or being exploited by gambling and will Formatted: No bullets or numbering expect the applicant to satisfy the authority that there will be sufficient measures to, for example, ensure that under 18 year olds do not have access to the premises.

9.2 11.2 This licensing authority will expect applicants to offer their own measures Formatted: Font: Bold to meet the licensing objectives however appropriate measures/licence conditions Formatted: No bullets or numbering may cover issues such as:

 Proof of age schemes; Formatted: Space After: 0 pt  Display visible signs of age restriction inside premises as well as at the entrance;  CCTV;  Supervision of entrances / machine areas. For example, supervise areas to enforce age restrictions and verify age identification;  Physical separation of areas;  ATM (Automated Teller Machines) or cash terminals should be separate from gaming machines, so that clients have to leave the machine to get more funds;  Display posters suggesting ‘stay in control of your gambling’ with details of the GamCare telephone number and website;  All ATM/cash terminals should display stickers with GamCare helpline information positioned prominently on the machine; and  Clearly display leaflets in a prominent place giving assistance to problem gambling. Also display leaflets in areas such as toilets where they will be more discreet, so as to provide anonymity.

CHAPTER 102 – (Licensed) Family Entertainment Centres 10.1 12.1 This licensing authority will specifically have regard to the need to protect Formatted: Font: Bold children and vulnerable persons from harm or being exploited by gambling and will Formatted: No bullets or numbering expect the applicant to satisfy the authority, for example, that there will be sufficient measures to ensure that under 18 year olds do not have access to the adult only gaming machine areas.

10.2 12.2 This licensing authority will expect applicants to offer their own measures Formatted: Font: Bold to meet the licensing objectives however appropriate measures/licence conditions Formatted: No bullets or numbering may cover issues such as:

 CCTV  Supervision of entrances/machine areas  Physical separation of areas  Location of entry Formatted: Font: (Default) Arial 22

 Notices/signage  Specific opening hours  Self-barring schemes  Provision of information leaflets/helpline numbers for organisations such as GamCare.  Measures/training for staff on how to deal with suspected truant school children on the premises

This list is not mandatory, nor exhaustive, and is merely indicative of example measures. ,Further details of specific concepts such as those identified above are set out in the licensing authority’s adopted pool of model conditions. .

12.3 In respect of Family Entertainment premises, it is a mandatory condition Formatted: Font: Bold that under 18s should not have access to areas where category B and C gaming Formatted: No bullets or numbering machines and are located and this is further achieved through mandatory conditions that require the area to be:  Separated from the rest of the premises by a physical barrier which is Formatted: Bulleted + Level: 1 + Aligned at: 2.01 cm + Indent at: 2.65 effective to prepvent access other than by an entrance designed for cm that purpose  Supervised at all times to ensure that under 18s do not enter the area, and supervised by either:  One or more persons whose responsibilities include ensuring that under 18s do not enter the area  CCTV monitored by one or more persons whose responsibilities include ensuring that under 18s do not enter the areas 10.3 Arranged in a way that ensures that all parts of the area can be observed This licensing authority will, as per the Gambling Commission’s guidance, refer to the Commission’s website to see any conditions that apply to operating licences covering the way in which the area containing the category C machines should be delineated. This licensing authority will also make itself aware of any mandatory or default conditions on these premises licences, when they have been published.

CHAPTER 113 – Casinos

11.1 13.1 At present there are no casinos within Bedford Borough. Formatted: Font: Bold Formatted: No bullets or numbering 13.2 No Casinos resolution - This licensing authority has not passed a ‘no casino’ Formatted: Font: Not Italic resolution under Section 166 of the 2005 Act, but is aware that it has the power to do so. Should this licensing authority decide in the future to pass such a resolution, it will update this policy statement with details of that resolution. Any such decision will be made by the Full Council.

Formatted: Font: Bold, Not Italic CHAPTER 124 – Bingo premises

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12.1 14.1 The holder of a bingo operating licence will be able to provide any type of Formatted: Font: Bold bingo game including cash and prize bingo. Formatted: No bullets or numbering

12.2 14.2 Commercial bingo halls will require a bingo premises licence from this Formatted: Font: Bold Authority. Formatted: No bullets or numbering

12.3 14.3 Amusement arcades providing prize bingo will require a prize gaming Formatted: Font: Bold permit from this Authority. Formatted: No bullets or numbering

12.4 14.4 This licensing authority notes that the Gambling Commission’s Guidance Formatted: Font: Bold states: Formatted: No bullets or numbering

 “18.6 Children and young people are allowed into bingo premises; however they are not permitted to participate in the bingo and if category B or C machines are made available for use these must be separated from areas where children and young people are allowed. Social responsibility (SR) code 3.2.5(3) states “that licensees must ensure that their policies and procedures take account of the structure and layout of their gambling premises” in order to prevent underage gambling. Formatted: Font: 12 pt, Italic

In addition bingo premises are subject to a mandatory condition that under 18s should not have access to areas where category B and C gaming machines and are located and this is further achieved through mandatory conditions that require the area to be:  Separated from the rest of the premises by a physical barrier which is effective to prevent access other than by an entrance designed for that purpose  Supervised at all times to ensure that under 18s do not enter the area, and supervised by either:  One or more persons whose responsibilities include ensuring that under 18s do not enter the area  CCTV monitored by one or more persons whose responsibilities include ensuring that under 18s do not enter the areas  Arranged in a way that ensures that all parts of the area can be observed Formatted: No bullets or numbering

Please refer to the table at paragraph 810.21 for machine categories stakes and prizes.

12.5 14.5 A limited number of gaming machines may also be made available at Formatted: Font: Bold bingo licensed premises. Formatted: No bullets or numbering

12.6 14.6 Bingo is a class of equal chance gaming and will be permitted in alcohol Formatted: Font: Bold licensed premises and in clubs provided it remains below £2,000 total in cash or Formatted: No bullets or numbering prizes in any one week period, otherwise it will be subject to a bingo operating licence which will have to be obtained from the Gambling Commission. Bingo is not permitted in Bridge or Whist clubs.

CHAPTER 135 – Betting premises

13.1 15.1 Gaming Betting machines - This licensing authority will, as per the Formatted: Font: Not Italic Gambling Commission's Guidance, take into account the size of the premises, the Formatted: No bullets or numbering Formatted: Font: (Default) Arial 24 number of counter positions available for person-to-person transactions, and the ability of staff to monitor the use of the machines by children and young persons (it is an offence for those under 18 to bet) or by vulnerable people, when considering the number/nature/circumstances of betting machines an operator wants to offer. Premises should ensure the odds are clearly displayed on machines such as FOBT’s (Fixed Odds Betting Terminals).

13.2 15.2 The authority has the discretion as to the number, nature and Formatted: Font: Bold circumstances of the use of gaming betting machines. This authority will consider Formatted: No bullets or numbering limiting appropriate controls 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. Neither the Commission nor licensing authorities have the power to set different limits or further expand or restrict the categories of machines that are permitted.

CHAPTER 146 – Tracks

14.1 16.1 Section 353 of the Act defines a track as a horse racecourse, greyhound Formatted: Font: Bold track or other premises on any part of which a race or other sporting event takes Formatted: No bullets or numbering place or is intended to take place.

14.2 16.2 This licensing authority is aware that tracks may be subject to one or Formatted: Font: Bold more than one premises licence, provided each licence relates to a specified area of Formatted: No bullets or numbering the track. As per the Gambling Commission's Guidance, this licensing authority will especially consider the impact upon the third licensing objective (i.e. the protection of children and vulnerable persons from being harmed or exploited by gambling) and the need to ensure that entrances to each type of premises are distinct and that under 18s are excluded from gambling areas where they are not permitted to enter.

14.3 16.3 This authority will therefore expect the premises licence applicant to Formatted: Font: Bold demonstrate suitable measures to ensure that children do not have access to adult Formatted: No bullets or numbering only gaming facilities. It is noted that children and young persons will be permitted to enter track areas where facilities for betting are provided on days when dog-racing and/or horse racing takes place, but that they are still prevented from entering areas where gaming machines (other than category D machines) are provided.Tracks will be required to have policies to ensure that that under 18s do not participate in gambling other than category D machines.

14.4 16.4 This licensing authority will expect applicants to offer their own measures Formatted: Font: Bold to meet the licensing objectives however appropriate measures/licence conditions Formatted: No bullets or numbering may cover issues such as:

 Proof of age schemes  CCTV  Supervision of entrances/machine areas  Physical separation of areas

 Location of entry Formatted: Font: (Default) Arial 25

 Notices/signage  Specific opening hours  Self-barring schemes  Provision of information leaflets/helpline numbers for organisations such as GamCare

14.5 16.5 This list is not mandatory, nor exhaustive, and is merely indicative of Formatted: Font: Bold example measures. Further details of specific concepts such as those identified Formatted: No bullets or numbering above are set out in the Licensing authority’s adopted pool of model conditions.

164.6 Gaming machines - track owners holding both a track premises licence and a pool betting operating licence issued by the Commission (in effect, greyhound tracks only), may site up to four gaming machines within categories B2 to D on the track. Some tracks will also qualify for an alcohol licence and as such they will be automatically entitled under section 282 of the Act to two gaming machines of category C or D. This permission is activated by notifying the licensing authority and paying them the required fee. If a track premises licence holder has both an alcohol licence and a pool betting operating licence, then they will be entitled to a total of six gaming machines (two via the alcohol licence and four via the operating licence).. Children and young persons are not prohibited from playing category D gaming machines on a track. Gambling Commission mandatory conditions for operators and codes of practice for permit holders seek to ensure compliance with this prohibition.

164.7 Betting machines - Licensing authorities have a power under the Gambling Act 2005 to restrict the number of betting machines, their nature and the circumstances in which they are made available, by attaching a licence condition to a betting premises licence.

164.8 Condition on rules being displayed - The Gambling Commission has advised in its Guidance for local authorities that licensing authorities should attach a condition to track premises licences requiring the track operator to ensure that the rules are accessible to all customers prominently displayed in or near the betting areas, or that other measures are taken to ensure that they are made available to the public. For example, the rules could be printed in the race-card or made available in leaflet form from the track office.

164.9 Applications and plans - Plans for tracks need not be in a particular scale, but should be drawn to scale and should be sufficiently detailed to include the information required by regulations. From the plans, the licensing authority will need to satisfy itself that the main areas where betting might take place are clearly identified.

CHAPTER 157 – Travelling Fairs

15.1 17.1 It will fall to this licensing authority to decide whether, where category D Formatted: Font: Bold machines and/or equal chance prize gaming without a permit is to be made available Formatted: No bullets or numbering for use at travelling fairs, the statutory requirement that the facilities for gambling amount to no more than an ancillary amusement at the fair is met.

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15.2 17.2 The licensing authority will also consider whether the applicant falls Formatted: Font: Bold within the statutory definition of a travelling fair. Formatted: No bullets or numbering

15.3 17.3 It has been noted that the 27-day statutory maximum for the land being Formatted: Font: Bold used as a fair, is per calendar year, and that it applies to the piece of land on which Formatted: No bullets or numbering the fairs are held, regardless of whether it is the same or different travelling fairs occupying the land. This licensing authority will work with its neighbouring authorities to ensure that land which crosses our boundaries is monitored so that the statutory limits are not exceeded.

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CHAPTER 168 – Gaming Machines

16.1 18.1 A gaming machine can cover all types of gambling activity which can Formatted: Font: Bold take place on a machine, including betting on ‘virtual’ events. Formatted: No bullets or numbering

16.2 18.2 The Act itself prescribes the number and category of gaming machines Formatted: Font: Bold that are permitted in each type of gambling premises. Formatted: No bullets or numbering

16.3 18.3 Subject to the provisions of the Act, gaming machines can be made Formatted: Font: Bold available in a wide variety of premises, including:- Formatted: No bullets or numbering

 casinos  bingo premises  betting premises, (including tracks)  adult gaming centres  family entertainment centres  clubs  pubs and other alcohol licensed premises  travelling fairs

16.4 18.4 A machine is not a gaming machine if the winning of a prize is Formatted: Font: Bold determined purely by the player’s skill. However, any element of ‘chance’ (where the Formatted: No bullets or numbering element of skill is not involved) imparted by the action of the machine would cause it to be a gaming machine.

16.5 18.5 The Council will, where appropriate, seek to encourage permit and Formatted: Font: Bold premises licence holders to adopt any codes of practice which may be introduced by Formatted: No bullets or numbering the amusement industry from time to time.

CHAPTER 179 – Lotteries

17.1 19.1 All lotteries are unlawful unless they are run in accordance with an Formatted: Font: Bold operating licence issued by the Gambling Commission or it is an ‘exempt’ lottery as Formatted: No bullets or numbering defined by the Act.

17.2 19.2 One of those exemptions is in respect of what are termed “small Formatted: Font: Bold societies lotteries” and the Council is responsible for registering these ‘small’ Formatted: No bullets or numbering, lotteries. Tab stops: Not at 2.22 cm

17.3 19.3 A Society will be allowed to register with the Council if it is a ‘non- Formatted: Font: Bold commercial’ lottery, in other words, it is established and conducted:- Formatted: No bullets or numbering, Tab stops: Not at 2.22 cm  for charitable purposes;  for the purpose of enabling participation in, or supporting, sport, athletic or a cultural activity; or  for any other non-commercial purpose other than for private gain.

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17.4 19.4 The Council will maintain a register of small societies lotteries which it Formatted: Font: Bold has registered. Formatted: No bullets or numbering, Tab stops: Not at 2.22 cm

CHAPTER 1208 – Provisional Statements

2018.1 A provisional statement is a statement of intent. A provisional statement does not require the applicant to have an operator’s licence and/or the right to occupy the premises. This enables the applicant to carry out all the other aspects of applying for a Premises Licence whilst awaiting confirmation of these issues. A person may apply for a provisional statement in respect of premises:

 they expect to be constructed  they expect to be altered or  they expect to acquire a right to occupy

2018.2 This licensing authority notes the Guidance for the Gambling Commission which states that “Requiring the building to be complete before trading commences would ensure that the authority could, if considered necessary, inspect it fully”.

2018.3 In terms of representations about premises licence applications, following the grant of a provisional statement, no further representations from relevant authorities or interested parties can be taken into account unless they concern matters which could not have been addressed at the provisional statement stage, or they reflect a change in the applicant’s circumstances. In addition, the authority may refuse the premises licence (or grant it on terms different to those attached to the provisional statement) only by reference to matters:

a) which could not have been raised by objectors at the provisional licence stage; or b) which in the authority’s opinion reflect a change in the operator’s circumstances.

1208.4 This authority has noted the Gambling Commission’s Guidance that “…a licensing authority must not have regard to whether or not a proposal by the applicant is likely to be permitted in accordance with planning or building law.”

CHAPTER 2119 – Reviews

2119.1 Requests for a review of a premises licence can be made by interested parties or responsible authorities; however, it is for the licensing authority to decide whether the review is to be carried-out. This will be on the basis of whether the request for the review is relevant to the matters listed below, as well as consideration as to whether the request is frivolous, vexatious, will certainly not cause this authority to wish to alter/revoke/suspend the licence, or whether it is substantially the same as previous representations or requests for review:

 in accordance with any relevant code of practice issued by the

Gambling Commission; Formatted: Font: (Default) Arial 29

 in accordance with any relevant guidance issued by the Gambling Commission;  reasonably consistent with the licensing objectives; and  in accordance with the authority’s statement of licensing policy.

2119.2 The licensing authority can also initiate a review of a licence on the basis of any reason which it thinks is appropriate.

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PART C: PERMITS/TEMPORARY & OCCASIONAL USE NOTICES

CHAPTER 202 – Unlicensed Family Entertainment Centre gaming machine permits (Statement of Principles on Permits - Schedule 10 paragraph 7)

220.1 Where a premises does not holddoes not benefit from a premises licence but the operator wishes to provide category D gaming machines, it may apply to the licensing authority for a Family Entertainment Centre (‘FEC’) gaming machine permit. It should be noted that the applicant must show that the premises will be wholly or mainly used for making gaming machines available for use (Section 238 of the 2005 Act). If they are also used for other purposes the application is likely to be refused.

202.2 The 2005 Act states that a licensing authority may prepare a statement of principles that they propose to consider in determining the suitability of an applicant for a permit and in preparing this statement, and/or considering applications, it need not (but may) have regard to the licensing objectives and shall have regard to any relevant guidance issued by the Commission under section 25 of the 2005 Act. The Gambling Commission’s Guidance for local authorities also states: “In its Licensing Authority Statement of policy, a licensing authority may include a statement of principles that it proposes to apply when exercising its functions in considering applications for permits…., licensing authorities may want to give weight to matters relating to child protection issues." (24.6)

220.3 Guidance also states: “...An application for a permit may be granted only if the licensing authority is satisfied that the premises will be used as an unlicensed FEC, and if the chief officer of police has been consulted on the application....Licensing authorities might wish to consider asking applicant to demonstrate:

 a full understanding of the maximum stakes and prizes of the gambling that is permissible in unlicensed FECs;  that the applicant has no relevant convictions (those that are set out in Schedule 7 of the Act;  that employees are trained to have a full understanding of the maximum stakes and prizes. (24.7)

It should be noted that a licensing authority cannot attach conditions to this type of permit.

20.4 22.4 Statement of Principles: This licensing authority will expect the Formatted: Font: Not Italic applicant to show that there are policies and procedures in place to protect children Formatted: No bullets or numbering from harm. Harm in this context is not limited to harm from gambling but includes wider child protection considerations. The efficiency of such policies and procedures will each be considered on their merits, by the Responsible Authority designated under section 157(h) of the 2005 Act as competent to advise on the protection of Formatted: Font: (Default) Arial 31 children from harm; being Bedford Borough Council Children’s Social Care the Local Safeguarding Children Board (LSCB). In addition, if there are admissible and relevant representations then the licensing committee will be responsible for assessing the effectiveness of the policies and procedures in protecting children and other vulnerable people. Applicants will be expected to identify appropriate measures / training for staff as regards suspected truant school children on the premises, measures / training covering how staff would deal with unsupervised very young children being on the premises, or children causing perceived problems on / around the premises. This licensing authority will also expect, as per the Gambling Commission Guidance, that applicants demonstrate a full understanding of the maximum stakes and prizes of the gambling that is permissible in unlicensed FECs; that the applicant has no relevant convictions (those that are set out in Schedule 7 of the 2005 Act); and that staff are trained to have a full understanding of the maximum stakes and prizes. Applicants will also be expected to demonstrate that they have no relevant convictions (those set out in Schedule 7 to the 2005 Act).

20.5 22.5 Compliance with the relevant industry Code of Practice for FECs Formatted: Font: Bold issued by BACTA or other trade associations may be taken by the licensing authority Formatted: No bullets or numbering as evidence that (apart from the criteria relating to criminal convictions) the applicant has met the above.

20.6 22.6 Applicants must submit with their application two copies of plans of the Formatted: Font: Bold premises, to a scale of 1:100 showing the exits/entrances to the premises, location Formatted: No bullets or numbering of gaming machines and the location of safety equipment such as fire extinguishers.

CHAPTER 231 – (Alcohol) Licensed premises gaming machine permits (Schedule 13 paragraph 4(1))

213.1 There is provision in the 2005 Act for premises licensed to sell alcohol for consumption on the premises, to automatically have 2 gaming machines, of categories C and/or D. The premises merely need to notify the licensing authority. The licensing authority can remove the automatic authorisation in respect of any particular premises if:

 provision of the machines is not reasonably consistent with the pursuit of the licensing objectives;  gaming has taken place on the premises that breaches a condition of section 282 of the 2005 Act (i.e. that written notice has been provided to the licensing authority, that a fee has been provided and that any relevant code of practice issued by the Gambling Commission about the location and operation of the machine has been complied with);  the premises are mainly used for gaming; or  an offence under the 2005 Act has been committed on the premises.

213.2 If a premises wishes to have more than 2 machines, then it needs to apply for a permit and the licensing authority must consider that application based upon the licensing objectives, any guidance issued by the Gambling Commission issued under Section 25 of the 2005 Act, and “such matters as they think relevant.”

This licensing authority considers that “such matters” will be decided on a case by Formatted: Font: (Default) Arial 32 case basis but generally there will be regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the authority that there will be sufficient measures to ensure that under 18 year olds do not have access to the adult only gaming machines. Measures which will satisfy the authority that there will be no access may include the adult machines being in sight of the bar, or in the sight of staff whothat will monitor that the machines are not being used by those under 18. Notices and signage may also be helpful. As regards the protection of vulnerable persons applicants may wish to consider the provision of information leaflets/helpline numbers for organisations such as GamCare.

213.3 It is recognised that some alcohol licensed premises may apply for a premises licence for their non-alcohol licensed areas. Any such application would most likely need to be applied for, and dealt with as an Adult Gaming Centre premises licence.

231.4 It should be noted that the licensing authority can decide to grant the application with a smaller number of machines and/or a different category of machines than that applied for. Conditions (other than these) cannot be attached.

231.5 It should also be noted that the holder of a permit must comply with any Code of Practice issued by the Gambling Commission about the location and operation of the machine.

CHAPTER 224 – Prize Gaming Permits (Statement of Principles on Permits - Schedule 14 paragraph 8 (3))

224.1 A prize gaming permit is a permit issued by the licensing authority to authorise the provision of facilities for gaming with prizes on specified premises.

224.2 The 2005 Act states that a licensing authority may “prepare a statement of principles that they propose to apply in exercising their functions under this Schedule” which “may, in particular, specify matters that the licensing authority proposes to consider in determining the suitability of the applicant for a permit”.

224.3 This licensing authority has approved a Statement of Principles which is that the applicant should set out the types of gaming that he or she is intending to offer and that the applicant should be able to demonstrate:

a) that they understand the limits to stakes and prizes that are set out in Regulations; and b) that the gaming offered is within the law.

242.4 In making its decision on an application for this permit the licensing authority does not need to have regard to the licensing objectives but must have regard to any Gambling Commission guidance.

242.5 It should be noted that there are conditions in the 2005 Act with which the permit holder must comply, but that the licensing authority cannot attach conditions. The conditions in the 2005 Act are:

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 the limits on participation fees, as set out in regulations, must be complied with;  all chances to participate in the gaming must be allocated on the premises on which the gaming is taking place and on one day; the game must be played and completed on the day the chances are allocated; and the result of the game must be made public in the premises on the day that it is played;  the prize for which the game is played must not exceed the amount set out in regulations (if a money prize), or the prescribed value (if non-monetary prize); and  participation in the gaming must not entitle the player to take part in any other gambling.

CHAPTER 235 – Club Gaming and Club Machines Permits

235.1 Members Clubs and Miners’ welfare institutes (but not Commercial Clubs) may apply for a Club Gaming Permit or a Club Gaming machines permit. The Club Gaming Permit will enable the premises to provide gaming machines (3 machines of categories B, C or D), equal chance gaming and games of chance as set-out in regulations. A Club Gaming machine permit will enable the premises to provide gaming machines (3 machines of categories B, C or D).

235.2 Gambling Commission Guidance states: "Members clubs must have at least 25 members and be established and conducted “wholly or mainly” for purposes other than gaming, unless the gaming is restricted to bridge and whist... Members’ clubs must be permanent in nature, but there is no need for a club to have an alcohol licence."

235.3 The Commission Guidance also notes that "licensing authorities may only refuse an application on the grounds that:

a) the applicant does not fulfil the requirements for a members’ or commercial club or miners’ welfare institute and therefore is not entitled to receive the type of permit for which it has applied; b) the applicant’s premises are used wholly or mainly by children and/or young persons; c) an offence under the Act or a breach of a permit has been committed by the applicant while providing gaming facilities; d) a permit held by the applicant has been cancelled in the previous ten years; or e) an objection has been lodged by the Commission or the police.

235.4 There is also a ‘fast-track’ procedure available under the 2005 Act for premises which hold a Club Premises Certificate under the Licensing Act 2003 (Schedule 12 paragraph 10). As the Gambling Commission’s Guidance for local authorities states: "Under the fast-track procedure there is no opportunity for objections to be made by the Commission or the police, and the grounds under which an authority can refuse a permit are reduced." and "The grounds on which an application under this process may be refused are that:

a) the club is established primarily for gaming, other than gaming

prescribed under schedule 12; Formatted: Font: (Default) Arial 34

b) in addition to the prescribed gaming, the applicant provides facilities for other gaming; or c) a club gaming permit or club machine permit issued to the applicant in the last ten years has been cancelled."

253.5 There are statutory conditions on club gaming permits that no child uses a category B or C machine on the premises and that the holder complies with any relevant provision of a code of practice about the location and operation of gaming machines.

CHAPTER 264 – Temporary Use Notices

24.1 26.1 Temporary Use Notices allow the use of premises for gambling where Formatted: Font: Bold there is no premises licence but where a gambling operator wishes to use the Formatted: No bullets or numbering premises temporarily for providing facilities for gambling. A temporary use notice may only be granted to a person or company holding a relevant operating licence.

264.2 There are a number of statutory limits as regards temporary use notices. Gambling Commission Guidance is noted that "The meaning of "premises" in part 8 of the 2005 Act is discussed in Part 7 and 14 of that is guidance. As with "premises", the definition of "a set of premises" will be a question of fact in the particular circumstances of each notice that is given. In the Act "premises" is defined as including "any place". In considering whether a place falls within the definition of "a set of premises", licensing authorities will need to look at, amongst other things, the ownership/occupation and control of the premises. This is a new permission and licensing authorities should be ready to object to notices where it appears that their effect would be to permit regular gambling in a place that could be described as one set of premises."

CHAPTER 257 – Occasional Use Notices

257.1 Occasional Use Notices permit licensed betting operators (with appropriate permission from the Gambling Commission) to use tracks for short periods for conducting betting, where the event upon which the betting is to take place is of a temporary, infrequent nature.

257.2 The licensing authority has very little discretion as regards these notices aside from ensuring that the statutory limit of 8 days in a calendar year is not exceeded. This licensing authority will consider the definition of a ‘track’ and whether the applicant is permitted to avail him/herself of the notice.

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APPENDICES APPENDIX 1 – Consultation Criteria The Bedford Borough Council consulted with the public and stakeholders on the draft version of this revised Statement during a 12 week period between 03 August 2015 27 July 2012 and 13 November 19 October 20152. The Bedford Borough Council Formatted: Font color: Red followed the criteria below throughout the consultation process. Formatted: Font color: Red

CONSULTATION CRITERIA Formatted: Font color: Red

Our consultations will clearly state:

• The dates of the consultation; • The ways in which people can take part (i.e. online, meeting etc.); • The scope of the consultation; • Different options that are available including the advantages and disadvantages of each; • How and when decisions will be made, and how the consultation will inform the decision; • How respondents and the wider public will receive feedback, and news on the decision itself. This can include any relevant possible means of appeal.

Bedford Borough Council’s Consultations Strategy 2013-17 (October 2013) Formatted: Right http://www.bedford.gov.uk/council_and_democracy/idoc.ashx?docid=a349c7fd- Field Code Changed 3bd0-49cd-9b71-245fac70da12&version=-1

1) Timing of consultation should be built into the planning process for a policy or service from the start, so that it has the best prospect of improving the proposals concerned, and so that sufficient time is allowed for it at each stage. 2) It should be clear who needs to be consulted, about what questions, in what timescale and for what purpose. 3) A consultation document should be as simple and concise as possible. It should include a brief introduction outlining the main topics of the survey and providing an explanation of why the questions are being asked and what will be done with the results. It should make it as easy as possible for readers to respond, make contact or complain. 4) Documents should be made widely available, with the fullest use of electronic means (though not to the exclusion of others), and effectively drawn to the attention of all interested groups and individuals. 5) Sufficient time should be allowed for considered responses from all groups with an interest. At least eight weeks should be allowed if the consultation exercise is to have value. 6) Responses should be carefully and open-mindedly analysed and the results made widely available, with an account of the views expressed and reasons for decisions finally taken. 7) Individual Service Units should monitor and evaluate consultations, designating a consultation co-ordinator who will ensure the lessons are disseminated. Formatted: Font: (Default) Arial 36

(Code of Practice on Written Consultation, Bedford Borough Council, December 2003) Formatted: Font color: Red http://www.bedford.gov.uk/Default.aspx/Web/CitizensPanel1 Formatted: Font color: Red Declaration In producing the consultation draft statement, the Bedford Borough Council declared Formatted: Font color: Red that it had followed its Code of Practice on Written ConsultationsConsultation Strategy, and had regard to the licensing objectives of the 2005 Act, and the guidance issued by the Gambling Commission.

Contact for Comments/Complaints

Consultees were invited to comment on the extent to which the Bedford Borough Council had adhered to the consultation criteria. They were invited to suggest ways we could have improved the consultation process by contacting the Head of Democratic and Registration Services and Records as a member of the Market Research Society at the following address: Democratic and Registration Services Group and Records Unit Bedford Borough Council Borough Hall, Cauldwell Street, Bedford MK42 9AP Telephone (01234) 276935 Email: [email protected]

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APPENDIX 2 – List of Stakeholders this Authority Consulted

The Bedford Borough Council consulted widely on this Statement. The 2005 Act required that the following parties should be consulted by Licensing Authorities:

 The Chief Officer of Police;  One or more persons who appear to the authority to represent the interests of persons carrying on gambling businesses in the authority’s area; and  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 authority’s functions under the 2005 Act.

Below is a list of stakeholder organisations who were consulted formally and those who received copies of the consultation document. However, community consultation is more than just making sure that certain classes of people are given the chance to comment on individual proposals. Effective consultation requires the entire community to be given the opportunity to influence policy development.

This authority consulted:

Faith Groups Formatted Table

Bahai Methodist Church Redeemed Christian Church of God Nagarjuna Buddhist Miracle Church of God in Quakers Apostolic Christ Roman Catholic Church Ebenezer Fellowship Moravian Church Seventh Day Adventist Church Mount Zion Pentecostal New Frontier Spiritualist Word of Faith Prophecy Urban Mission Assemblies of God Fellowship of Evangelical Vineyard Pentecostal Churches Wesleyan Holiness Baptist Foursquare Church World of Life Body of Christ Fellowship Glorious Freedom Hinduism Sai Baba Brethren Grace in the Community Valmiki Church of England Jehovahs Witness Islam Christadelphian Kingdom Way Jainism Christian Science Kingsway International Jewish - Luton Hebrew Church of God in Christ Christian Centre Congregation Church of God in Prophecy Greek Orthodox Sikhism Church of Jesus Christ of Latter Serbian Orthodox Ravidan Day Saints Overseas Fellowship of Sant Niran Kari Mission Congregational Federation Nigerian Christians Subud Ecumenical Churches Together Restoraton Revival Fellowship Hope Council of Faiths Rutland Road Church All Nations Church Faith Woodland Community Sacred Heart of Jesus andFormatted St Cuthbert Table All Saints, Cople Foursquare Gospel Church Salaam Society of Bedfordshire All Saints, Great Barford Glorious Freedom, Bedford (Somali) All Saints, Kempston Glory and Fire Ministries InternationalSalaam Society of Bedfordshire All Saints, Milton Earnest Grace Community Church Sount All Saints, Odell Gujarati Mitra Mandal of Bedford Bedford Islamic Cutural Centre & Masjid Guru Gobind Singh Gurdwara Formatted: Font: (Default) Arial 38

All Saints, Queens Park Serbian Orthodox ChurchFormatted Table All Saints, Renhold Sharnbrook Methodist Church Apostolic Church Harvest Chapel Bedford Shri Guru Ravidass Bhawan & Bedford Al Falah Islamic Centre Holy Cross Community Centre and Da'awah Centre Hope Church, Goldington Southside Family Church Bedford Asian Seventh Day Howard Memorial Church, CardingtonSt Andrews Adventist Church International House of Prayer St Frances Cabrini Bedford Central Seventh Day Jamee Mosque & Cultural Centre St James Adventist Church Jamia Masjid Gulshan -E- Bagdad St Johns & St Leonards Church Centre Bedford Congress Hall Jamia Masjid Hanfia Ghousia St Joseph and the Holy Child Bedford Council of Faiths Kelmarsh Nagarjuna Kadampa St Leonard, Stagsden (BCoF) Meditation Centre St Mark Bedford Ecclesia Kempston East Methodist St Mark Bedford Pentecostal Church Church St Martin Bedford Spiritulist Church and Kempston West Methodist St Mary the Virgin, Goldington Healing Sanctuary Church St Mary the Virgin, Wootton Bedford, Kempston Keysoe Row & Thurleigh St Marys, Magdalene Congregation of Jehovahs Baptist Church St Michael and All Angels Witnesses Kingdom Way Church St Owen Bhagwan Valmik Sabha Kings Arms St Paul Bnagladesh Islamic Mission Kingsway International Christian CentreSt Peter & St Paul Bromham Baptist Church LDS Chapel, Northampton Stake, BedfordSt Peter de Merton with St Cuthbert Bunyan Meeting London Road Methodist Church St Peter, Harrold Christ The King Miracle Church of God in Christ St Peter, Thurleigh Christchurch Monastery of Christ Our Saviour St Philip and St James Church of God of Prophecy- Bedford Mount Zion Pentecostal Church- BedforSt Swithun,d Diocese Sandy Parish Church Church of the Transfiguration Nirankari Bhawan Subud (Susila Budhi Dharma) Church Shalom Wesleyn Oakley Methodist Church The Chapel Clapham Methodist Church Our Lady Ransom The Sai Baba Centre of Bedford Clophill Methodist Church Overseas Fellowship of Nigerian ChristiansThree Rivers Church Community and FAITH- SeedBeds CentrePark Road Methodist Church Turvey Abbey Cotton End Baptist Church Priory Methodist Church Urban Mission (CEBC) Providence Baptist Chapel Wixams Church Cranfield Baptist Church Putnoe Heights Church Woodside Church Cranfield Methodist Church Ramgarhia Sikh Society Word of Faith Centre Ebenezer Fellowship Ministries Gurdwara

Elstow Abbey Redeemed Christian Church Formatted: Left Elstow Bunyan Christian Fellowship of God Emmanuel Pentecostal Italian Religious Society Of Friends Church (Quakers)

First Church of Christ, Scientist

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Clerks to Parish Councils Biddenham Harrold Roxton Bletsoe Kempston Sharnbrook Bolnhurst & Keysoe Rural Stagsden Brickhill Kempston Staploe Bromham Town Stevington Cardington Knotting & Stewartby Carlton & Chellington Souldrop Thurleigh Clapham Little Barford Turvey Colmworth Little Wilden Cople Staughton Willington Dean & Shelton Melchbourne Wilshamstead Eastcotts & Yelden Wootton Elstow Milton Wyboston, Felmersham & Radwell Ernest Chawston & Great Barford Oakley Colesden Great Denham Odell Wymington Pavenham Cauldwell & Pertenhall & Kingsbrook Swineshead Queens Park Podington Ravensden Renhold Riseley

Neighbouring Principal Councils Milton Keynes Council Central Beds Council Huntingdonshire Council East Northants Council Licensees Betfred Bgbet Coral Ladbrokes Club2000 Paddy Mecca Power

Responsible Authorities Bedfordshire Police Planning Fire Authority Trading Environmental Health Standards Primary Care Trust Gambling Associations/Groups Representing Those Affected By Gambling Gambling Commission Club & Federation of British Casino Association Institute Licensed The Bingo Association Union Victuallers The Association of British Bookmakers Gamcare Leisure Link General Federation of Trade Unions Gamblers Gamestec Anonymous Responsibility

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Citizens Trust Advice Bureau

The Public via Bedford Borough Council webpage Public Public Notice in the Bedfordshire on Sunday newspaper on the meetings (2) Formatted: Font color: Red 09/08/2015 Times & Citizen 26/07/2012 at Borough Formatted: Font color: Red Hall, 19/09/2012

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APPENDIX 3 – Responsible Authorities

The responsible authorities are listed below:

1. Bedford Borough Council

2. The Gambling Commission

3. The Police

4. The Fire Authority

5. The Local Planning Authority within the meaning of Town & Country Planning Act 1990

6. The Local Authority by which statutory functions are exercisable in relation to minimising or preventing the risk of pollution of the environment or of harm to human health

7. Children’s Social Care, Bedford Borough Council Local Safeguarding Children Board for the purposes of section 157(h) of the 2005 Act

8. Her Majesty’s Commissioners of Customs and Excise

If you are applying for a premises licence for a water vessel you should send copies of your application form to the following water authorities:

9. Navigation Authority

10. Environment Agency

11. British Waterways Board

12. Maritime and Coastguard Agency

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APPENDIX 4 – Council Delegation of Functions under the Gambling Act 2005

Function Full (Sub)- Head of Council committee Democratic and Registration Services & Records Final approval of the Licensing √ Authority’s Statement of Gambling Licensing Principles Resolution not to permit casinos √ Setting fees (where appropriate) √ Applications for premises √ √ licences If a If there are no representation representations or is made and representations not withdrawn made are then withdrawn Applications for variation of a √ √ licence If a If there are no representation representations or is made and representations not withdrawn made are then withdrawn Applications to transfer a licence √ √ If a If there are no representation representations is made by the by the Commission Commission or or responsible responsible authority and authority or not withdrawn representations made are then withdrawn Applications for provisional √ √ statement If a If there are no representation representations or is made and representations not withdrawn made are then withdrawn Review of a premises licence √ Application for club gaming/club √ √ machine permits If a If there are no representation representations or is made and representations not withdrawn made are then withdrawn Cancellation of club gaming/club √ machine permits Formatted: Font: (Default) Arial 43

Applications for other permits √ Cancellation of licensed √ premises gaming machine permits Consideration of temporary use √ notice Decision to give a counter √ notice to a temporary use notice Receipt of notification of gaming √ machines on alcohol licensed premises Submission of representations √ in response to an application (as responsible authority)

References to Head of Democratic and Registration Services and Records above should be read as also providing for the Assistant Chief Executive (Governance and HR) to exercise those functions.

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APPENDIX 5 – Relevant Government Legislation

This Statement of Gambling Licensing Principles makes reference to the Gambling Act 2005 (‘the 2005 Act’) that can be viewed at http://www.legislation.gov.uk/ukpga/2005/19/contents

The Gambling Commission Guidance states that licensing authorities: “should bear in mind that they are subject to the Human Rights Act and in particular:  Article 1, Protocol 1 – peaceful enjoyment of possessions. A licence is considered a possession in law and people should not be deprived of their possessions except in the public interest;  Article 6 – right to a fair hearing;  Article 8 – respect for private and family life. In particular, removal or restriction of a licence may affect a person’s private life; and  Article 10 – right to freedom of expression.

When considering applications and enforcement action under the 2005 Act, the Bedford Borough Council will apply the Human Rights Act 1998 and provisions of the European Convention on Human Rights. The Human Rights Act 1998 is accessible at http://www.legislation.gov.uk/ukpga/1998/42/contents and the European Convention on Human Rights can be viewed at http://conventions.coe.int/treaty/en/Treaties/Html/005.htm.

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