Licensing (Gambling) Policy (Cabinet, 9 November 2006)
Cabinet
RECOMMENDED TO COUNCIL that the Gambling Act 2005 Policy be
adopted as Council Policy.
Decision:
Council
RESOLVED that the Gambling Act 2005 Policy be adopted as
Council policy.
Minutes:
Council
considered the recommendation of Cabinet in respect of the Gambling
Act 2005 Policy.
Council
RESOLVED that the Gambling Act 2005 Policy be adopted as
Council policy.
LICENSING (GAMBLING) POLICY
3 Gambling Act 2005 - Policy PDF 484 KB
Cabinet
is requested to recommend to Council the adoption of the Gambling
Act 2005 Policy.
Decision:
Cabinet
RECOMMENDED TO COUNCIL that the Gambling Act 2005 Policy be
adopted.
Minutes:
The
Environmental Health Portfolio Holder, explaining that the draft
policy had been considered thoroughly by the Licensing Committee,
commended it to Cabinet and Cabinet RECOMMENDED TO COUNCIL
that the Gambling Act 2005 Policy be adopted.
LICENSING (GAMBLING) POLICY
Decision
|
Reasons
|
The Environmental Health Portfolio Holder
RECOMMENDS to Cabinet and Council that the Gambling Act 2005
Statement of Policy be approved.
|
Following recommendations of
Licensing Committee on 16 October 2006.
|
4 Gambling Act 2005 - Adoption of Policy PDF 83 KB
Appendix A is not available electronically
Additional documents:
Minutes:
Members
considered the Gambling Act draft Licensing Policy and
covering report and noted that
- the
Government had extended the timescale for the Council to approve
and publish its policy; this was now 31 March 2007
- the
first date for accepting applications would be 30 April
2007
- further guidance would be issued by the Gambling Commission
regarding the suitability and layout of casino premises
- this
authority had not passed a `no casino’ resolution, but was
aware that it had the power to do so
- four
letters had been received as a result of the consultation
process
Some
Members voiced their concern in reviewing the policy as training
had not yet been given to Members on the Gambling Act, however on
taking a vote it was agreed that consideration of the policy should
continue. Members noted that training was scheduled for Friday, 17
November and all those present, except Cllr Mrs A Elsby who would
be on holiday, indicated that they would be attending the training
session. The Chief Environmental Health Officer informed Members
that the policy could be re-examined if they felt it was necessary
once they had received training, and reassured them that the policy
before them complied with the appropriate legislation.
General
discussion ensued relating to the following:
- Posters advertising GamCare Helpline should be
prominently displayed
- Defer
consideration of a `no casino’ resolution until regulations
from the government had been received
- This
legislation did not apply to Bingo premises unless the stake money
was in excess of £2000
- Confirmation was given that it was the premises or land that
were licensed and not the person
- Surprise was expressed that neither the Police nor the CAB had
responded to the consultation
Careful
consideration was then given to the contents of the policy and as a
result, the following amendments were made:
- para
7.8 – delete with in the sentence …. named
department with whom the Licensing Authority
…..
- paras
6.4, 9.2 and 10.2 – delete ordinarily in the last
bullet point … cash terminals are ordinarily separate
from ……
- para
8.1 – delete both and and proportionate, or in
the sentence ... that door supervision is both necessary
and proportionate, or if there is clear
……
In
conclusion, it was agreed that a most frequently Question and
Answer format regarding the Gambling Act policy be placed on the
council’s website and an information sheet to be provided for
members in advance of the training session.
The
Licensing Committee, subject to the amendments listed
above,
RECOMMENDS
to the Environmental Health Portfolio Holder that the Gambling Act
2005 Statement of Policy as attached as Appendix C to the agenda be
approved and ratified and adopted by Cabinet and
Council.
6 GAMBLING ACT POLICY - DRAFT PDF 99 KB
Additional documents:
- Draft Gambling Policy 3 June 2006
Minutes:
Members
considered the draft Gambling Act 2005 policy and the following
queries were raised:
- The
definition of the different gambling machines
- Would
village halls require a licence to hold bingo sessions
- Would
community rooms in Sheltered Housing accommodation be affected if
holding bingo sessions
- Negative elements in the policy, eg does not indicate that the
Council will help or support an applicant
- Nothing in the policy to say the Council will help
applicants
- Would
each operator of point-to-point races require a licence
- Re
Travelling Fairs, do category D machines only apply in this
instance
- Why is
there no regard to the licensing objectives when deciding on an
application
- Guests
at gaming clubs are not presently allowed to play the machines,
will this change
- Is
there an appeal process if a licence is refused
The
responses given were as follows:
- The
prize money available is banded with prizes ranging from £10
to an unlimited amount
- Not
unless the prize money exceeded £2,000
- No and
raffles are subject to different legislation
- The
policy was based on a draft issued by LACORS
- Applicants have to first apply to apply to the Gambling
Commission to say how they will promote certain areas before
applying to the Council; the Council will assume that criteria has
been met
- An
occasional use per event which covers 96 hours would be
required
- The
remainder of categories are for temporary use. That paragraph may
alter when the regulations come in. An annex will be attached to
the policy when it is known what the regulations are
- Is
included in the Act
- Not
yet known. MB to ascertain
- Yes,
to the Magistrates Court
Other
points raised were noted as follows:
- The
Licensing Officer was awaiting a comprehensive list of Faith Groups
for consultation purposes
- Members felt there should be representation by the Police at
hearings; their attendance would be requested
- Concern was expressed that the Children’s Services would
be unable to cope with consultation requests. Once a designated
person from Children’s Services had been appointed, he/she
would be invited to attend the Council’s training
session
- Major
bookmakers were preparing their own in-house rules regarding the
Act; there was concern that there may be variations across the
country
- Account should be taken at hearings concerning how near the
gambling premises were to schools
- Endeavours would be made by the officers to reach an agreement
with applicants to try to avoid a hearing
In
answer to a query whether there would be a large number of
applications received as a result of the Act, Members were informed
that the main area for applications would be for temporary use
notices, eg race nights at village halls. An estimated 50
applications might be received by this authority, compared with the
460 applications received under the 2003 Act.
Having
considered the draft policy, the following amendments were
made:
- Delete
will especially at 15.1 on page 16
- Substitute the word gambling for gaming at 3.4,
4th bullet point on page 21
- Where
South Cambridgeshire District ...
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