Issue - meetings

Cabinet RECOMMENDED TO COUNCIL that the Gambling Act 2005 Policy be adopted as Council Policy. 

Council RESOLVED that the Gambling Act 2005 Policy be adopted as Council policy.

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. 

Cabinet is requested to recommend to Council the adoption of the Gambling Act 2005 Policy. 

Cabinet RECOMMENDED TO COUNCIL that the Gambling Act 2005 Policy be adopted. 

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.

Appendix A is not available electronically 

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.

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, 4^th bullet point on page 21
• Where South Cambridgeshire District  ...  view the full minutes text for item 6