Agenda item

The report of Linda Holland (Licensing Manager – Public Protection) asks the Licensing Committee to note the consultation undertaken andamendments made to the Council’s revised Statement of Gambling Principles(in relation to the Gambling Act 2005) and to commend the Statement of Gambling Principlesto Full Council for approvalat its meeting on 19 October 2021.

Linda Holland (Licensing Manager – Public Protection) referred to her report which asked the Committee to note the consultation undertaken and amendments made to the Council’s revised Gambling Statement of Principles and to commend it for approval by Full Council at the meeting on 19 October 2021.  Linda highlighted the following:

• The Council do not have the responsibility to manage remote/online gambling and only deal with fixed premises, e.g. betting shops, bingo halls, gaming machines in different types of venues and online or physical lottery tickets typically sold by school PTA groups etc;

• The Council needs to have a Gambling Statement of Principles which covers a three-year period which sets out how the Council determines applications under the Gambling Act 2005.  The proposed Statement would come into force from 1 January 2022 and would be due for the next review in the summer of 2024;

• There were only three minimal changes made to the Statement following the review by Officers with no changes required as a result of either new or amended legislation, regulations or guidance issued by the Secretary of State;

• Consultation was carried out between 12 July – 22 August 2021 and all statutory consultees were sent a link to the full copy of the draft Gambling Statement of Principles;

• There were currently 38 Licensed Gambling Premises in Wiltshire comprising of: 5 Adult Gaming Centres, 29 Betting Shops, a Bingo Hall, and Salisbury Racecourse. There are also two Unlicensed Family Entertainment Centres and a number of premises who hold Permits for Gaming Machines; and

• There had been no significant issues with any gambling premises in Wiltshire to date and it was not envisaged that there would be any.  However, inspection visits would continue to be carried out on a regular basis and this regime would pick up again now following the Covid pressures.

The Chairman thanked Linda and her team for their work on the Gambling Statement of Principles.

The following questions were asked by the Committee:

Q         Looking at the responses submitted from Melksham Town Council – is there currently a limit to the number of permits which could be issued in a particular conurbation?

A         The Gambling Authority does not permit us as Licensing Authority to limit the number of permits.

Q         I note that the consultation period was reduced from 12 weeks to 6 weeks – do you feel that this consultation period is defendable?

A         All statutory consultees were duly consulted.  Previously the Statement had gone to the Licensing Committee prior to being released for consultation, but as there were no significant changes proposed, agreement was sought from the Chair and Vice Chair to proceed to the consultation stage.  Had there been significant changes proposed then an extraordinary meeting of the Licensing Committee would have been arranged to accommodate that process.

Q         In paragraphs 6.2.1 and 6.2.2 of the proposed Gambling Statement of Principles, what does “by agreement” mean in relation to B3A gaming machines?

A         B3A gaming machines are those that have higher pay-outs, premises are only able to have one B3A gaming machine and the siting of this machine is “by agreement” of the Licensing Authority.

Q         The reference to “by agreement” in the proposed Statement does not make this clear and is more misleading to the reader, can this be rectified?

A         The wording “by agreement” can be removed from the Statement to make it clearer and the siting of the machine is something that would be discussed directly with a premise with such a machine.

Sarah Marshall (Senior Solicitor) suggested that the Gambling Statement of Principles be amended to clarify the query above and a revised copy be circulated to the Licensing Committee prior to its submission to Full Council for approval.

Q         What does “high number of people who have self-excluded themselves from other gambling premises” mean?

A         This is a person who has previously asked a premise to exclude them from entering because of their concerns with gambling.

Q         Paragraph 9.3.1 refers to prize gaming and travelling fairs – do we still allow travelling fairs to give away goldfish as a prize?

A         Local Authorities can only direct that events run by the Council or events on Council owned land do not give away goldfish/animals away as prizes.  Travelling fairs sited on private land would be bound by the Gambling Statement of Principles.

Resolved:

1. That the Licensing Committee note the consultation undertaken and amendments made to the Council’s revised Gambling Statement of Principles.

2. That the Licensing Committee commends the Gambling Statement of Principles in relation to the Gambling Act 2005 to the Full Council for approval at its meeting on 19 October 2021 subject to the minor amendments requested to clarify paragraphs 6.2.1 and 6.2.2.