Borough of Poole Gambling Act 2005 Statement of Gambling Policy Principles
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GAMBLING ACT 2005
BOROUGH OF POOLE
STATEMENT OF PRINCIPLES GAMBLING POLICY
20166 - 201919
INDEX
ITEM / PAGEPART AGENERAL PRINCIPLES
1. / Licensing Objectives / 34
2. / Licensing StatementIntroduction / 45
2.1 / Duration of Statement / 45
2.2 / Content of Statement / 45
2.3 / Geographical Application of Statement / 56
2.4 / Consultation Process / 57
2.5 / Declaration / 67
2.6 / Fundamental Principles / 67
2.7 / The Licensing Process / 78
3. / Responsible Authorities / 89
3.1 / Responsible Authorities – General / 89
3.2 / Responsible Authorities – Protection of Children from Harm / 810
4. / Interested Parties / 910
4.1 / Interested parties – General / 910
4.2 / Interested parties – Principles relating to determination / 911
5. / Disclosure/Exchange of Information Responsible Authorities and Interested Parties / 1112
5.1 / Responsible Authorities and Interested Parties - Representations / 1112
6. / Responsible Authorities and Interested Parties Disclosure/Exchange of Information / 1113
6.1 / Exchange of information – General / 1113
6.2 / Exchange/Disclosure of information – Principles / 1113
7. / Enforcement / 1214
7.1 / Enforcement – General / 1214
7.2 / Inspections and instituting criminal proceedings – Principles / 1314
7.3 / Carrying out enforcement responsibilities – Risk / 1416
ITEM / PAGE
PART BSPECIFIC FUNCTIONS
8. / Gambling Premises Licences / 1516
8.1 / Fundamental principles applying to premises licences / 156
8.2 / Gambling Premises licences – General / 176
8.3 / Gambling Premises licences – Decision making / 186
8.4 / Gambling Premises licences – ConditionsLocal Risk Assessments / 198
8.5 / Casinos ResolutionPremises Licence -Conditions / 20
8.6 / Bingo Premises LicenceCasinos Premises Licence / 210
8.7 / Betting Premises LicenceBingo Premises Licence / 22
8.8 / Betting Premises Licence - Tracks / 23
8.9 / Adult Gaming CentresBetting Premises Licence -Tracks / 254
8.10 / Licensed Family Entertainment CentresAdult Gaming Centre Premises Licence / 26
8.11 / Travelling fairsLicensed Family Entertainment Centres / 267
8.12 / Provisional StatementTravelling Fairs / 27
8.13
8.14 / Premises licences – ReviewsProvisional Statement
Premises Licence – Reviews / 28
28
9. / Permits / 29
9.1 / Club Gaming Permits and Club Gaming Machiness PermitsGeneral / 29
9.2 / Alcohol Licensed Premises Gaming Machine PermitsClub Gaming Permits and Club Gaming Machines Miscellaneous / 3029
9.3 / Prize Gaming PermitsClub Gaming Permits and Club Gaming Machines Decision Making / 3229
9.4 / Unlicensed Family Entertainment Centre Gaming Machine PermitsAlcohol Licenced Premises Gaming Machine Permits / 302
9.5
9.6 / Unlicensed Family Entertainment Centre Gaming Machine Permits - RenewalsPrize Gaming Permits
Unlicensed Family Entertainment Centre Gaming Machine Permits / 31
32
10. / Notices / 334
10.1 / Temporary Use Notices / 334
10.2 / Occasional Use Notices / 345
Appendix
A / Map Showing the Borough of Poole / 356
B / Consultees / 37
CB / Summary of Licensing Authority Delegations permitted under the Gambling Act 2005 / 369
Part A – General Principles
Licensing Objectives
When dealing with licensing matters the Borough of Poole is the Licensing Authority (“The Licensing Authority”) under the Gambling Act 2005 (“the Act”) and will promote the three licensing objectives set out in the Act. These 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 (“the Licensing Objectives”).
This licensing authority is aware that, as per Section 153, 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 statement of licensing policy
For the purposes of interpreting these objectives:
the term “disorder” is interpreted as meaning an activity that is more serious and disruptive than mere nuisance
reference to “vulnerable persons” includes people who gamble more than they want to, people who gamble beyond their means and people who may not be able to make informed or balanced decisions about gambling due to a mental impairment, alcohol and/or drugs and
the phrase “harmed or exploited by gambling” can mean children and vulnerable people taking part in or being in close proximity to gambling, or advertising gambling in such a way that it makes gambling particularly attractive to such individuals.
Introduction Licensing Statement
Duration of Statement
This statement of principles is the Licensing Authority’s published policy for the purposes of the Act. It was approved by the Licensing Authority and will run for the period of three years starting from the 31st January 2010 xx February 2016.
This policy will be applied in the exercise of the Licensing Authority’s functions under the Act during that period.
The policy may be reviewed from time to time, and in the light of any such review, it may be revised. The Licensing Authority will publish any amended parts such revision for re-consultation before approval.
Should you have any comments as regards this policy statement please send them via e-mail or letter with your contact details to the following contact:
Name:The Head of Environmental and Consumer Protection Services
Address: Unit 1, New Fields Business Park, Stinsford Road, Poole, BH17 0NF.
E-mail:
It should be noted that this policy statement will not override the right of any person to make an application, make representations about an application, or apply for a review of a licence, as each will be considered on its own merits and according to the statutory requirements of the Act.
Content of Statement
A summary of information contained within this statement is attached as an index at the front of this document.
The licensable activities covered by this statement are:
Premises Licenses
Adult gaming centres
Bingo premises
Betting premises offices, including tracks
Tracks
Casinos and Licensed family entertainment centres
Licensed family entertainment centres Casinos
Travelling fairs
Provisional statement
Permits
Club gaming
Club gaming machines
Gaming machines on alcohol licensed premises
Prize gaming and
Unlicensed family entertainment centres
Notices
Temporary use and Occasional use.
The contents of this document are not a full or authoritative statement of the law or statutory guidance and do not constitute professional or legal advice.
This statement is published on the Licensing Authority’s web-site and is available at the offices of the Licensing Authority, and local library’s during normal working hours.
The address of the Licensing Authority’s web-site is
Geographical Application of Statement
The Borough of Poole is a unitary authority situated on Poole Bay, just off the eastern end of the East Devon and Dorset World Heritage Site, with one of the largest harbours in Europe and fine blue flag beaches. It borders Bournemouth to the east, East Dorset District Council to the north and Purbeck District Council to the west.
Poole has a population of 138,288 147,600 (2001 2011 census) making it the second largest settlement in Dorset. It is predominantly urban in character covering an area of 29 square miles with a buoyant and diverse economy. Demographically Poole has an age structure in line with the national average. Further information and statistics relating to Poole can be found via the following link:
A map showing the extent of the Borough is produced at Appendix A
Consultation Process
There are a number of groups who have a stake in the leisure industry, including providers, customers, residents and enforcement agencies, all of which have views and concerns that require consideration as part of the licensing function.
The Licensing Authority consulted widely upon this policy statement before finalising and publishing it. Before publishing this Statement of Principles, the Licensing Authority has It has consulted with and taken into account comments received from the following organisations and others, not listed, but who have made individual requests to be consulted: -
The Chief Officer of Police in Dorset
Dorset Police and Crime Commissioner
Various persons / bodies who appeared to the Licensing Authority to represent the gambling businesses in the district, namely:
Association of British Bookmakers
British Holiday and Home Parks Association
The British Greyhound Racing Board
The British Casino Association
The Bingo Association
British Amusement Catering Trade Association
Fairground Association of Great Britain
Showman's Guild of Great Britain
Lotteries Council
Remote Gambling Association
GamCare
Gamblers Anonymous
Dorset Fire and Rescue Service
The Licensed Victuallers Association & Local Pubwatch Groups
Licensing Justices
Borough of Poole Children & Young Peoples Services
Borough of Poole Adult Social Care and Wellbeing
Dorset Public Health
Safer Poole Partnership
Bournemouth & Poole Safeguarding Children Board
Poole Forum
Poole Safe Together Partnership
Dorset Chamber of Small Businesses (Wessex Region)
Trade bodies within the Borough
Citizens Advice Bureau and
Local Community Groups
Town centre management
Dolphin Centre
other local authorities
Our consultation took place between 10th August and 30th October 2009 xx/xx/xxxx and xx/xx/xxxx and we followed the HM Government Code of Practice on Consultation Principles Guidance (published 17th July 2008 2012), which is available at:
A full list of consultees are attached as Appendix B and can be found, along with the full list of comments made, on the councils website or by will be made available by request to:
Name:The The Head of Environmental and Consumer Protection Services
Address: Unit 1, New Fields Business Park, Stinsford Road, Poole, BH17 0NF.
E-mail:
Declaration
In producing this statement of principles, the Licensing Authority has had regard to the licensing objectives of the Gambling Act 2005, the guidance issued by the Gambling Commission and responses received from those consulted on the policy statement.
Fundamental principles
In carrying out its functions the Licensing Authority will regulate gambling in the public interest.
Any application received will be considered on its own merits and in accordance with the requirements of the Act.
The Licensing Authority will seek to avoid any duplication with other regulatory regimes so far as possible.
The Licensing Authority recognises that there is a clear separation between the licensing legislation and planning legislation and that licensing applications will be viewed independently of planning applications.
The Licensing Authority will, in particular when considering its functions in relation to applications and enforcement, have regard to the Human Rights Act 1998.
The Equality Act 2010 Race Relations Act 1976 as amended by the Race Relations (Amendment) Act 2000 obliges the Licensing Authority to do all it can to eliminate unlawful discrimination, and to promote equality of opportunity. Due The Licensing Authority has adopted a Race Equality Scheme and due regard has been shall be given to this legislation that policy whilst undertaking this policy and its licensing function.
The Licensing Process
The Licensing Authorities Licensing Functions under the Act will be carried out by the Licensing Committee, supported by a number of Sub-Committees and by officers acting under the delegated authority of the committee.
Where there is no area of contention it is considered that many of the functions will be largely administrative. In the interests of efficiency and effectiveness officers will for the most part carry out these functions.
Where there is relevant representation in respect of an application the matter will be determined by the Licensing Committee or one of its sub-committees, as will any application for the review of a licence. The sub-committee will consist of 3 members of the Licensing Committee.
In dealing with Each each case the will be decided upon its merit but the decision making made by the Licensing Authority will be transparent and consistent.
This Statement is not intended to override the right of any person to make an application under the Act, and to have that application considered on its own merits. Equally, this Statement is not intended to undermine the right of any person to make representations about an application or to seek a review of a licence where provision has been made for them to do so.
A full list of the delegated functions can be seen in Appendix C.
Responsible Authorities
Responsible Authorities – General
The Act specifies various bodies as Responsible Authorities (“Responsible Authorities”). These are public bodies that must be notified of all applications and who are entitled to make representations to the Licensing Authority, if they are relevant to the licensing objectives. Section 157 of the Act defines those authorities as: -
The Gambling Commission
The Chief Officer of Dorset Police
Dorset Fire & Rescue Service
The Local Planning Authority
An authority which has functions in relation to pollution to the environment and human health Environmental Health
HM Revenue and Customs
Maritime and Coastguard Agency
Anyone authorised in writing by the Licensing Authority as competent to advise about the protection of children from harm and
The Licensing Authority in whose area the premises is situated
The contact details of the Responsible Authorities for the area of the Licensing Authority can be found on the Council’s website at
The Responsible Authorities must be notified of applications in relation to Premises Licenses and are entitled to make representations in relation to them.
Any concerns expressed by a responsible authority in relation to their own functions cannot be taken into account unless they are relevant to the application itself and the Licensing Objectives. In this regard the Licensing Authority will not generally take into account representations, which were deemed to be irrelevant e.g.
The number of gambling premises in the locality
The fire risks within the premises
The traffic congestion resulting from the premises location and
Each representation will, however, be considered on its own individual merits.
Each representation will, however, be considered on its own individual merits.
Responsible Authority - Protection of Children from Harm
In exercising the Licensing Authority’s powers under Section 157(h) of the Act to designate, in writing, a body competent to advise the Licensing Authority about protection of children from harm the following principles are applied:
the need for the body to be responsible for an area covering the whole of the Licensing Authority’s area
the need for the body to be answerable to democratically elected persons, rather than any particular vested interest group and
whether the body has experience in relation to protection of children issues.
The Licensing Authority designates the Borough of Poole Children and Young Peoples Services for the purpose of providing advice about protection of children from harm. Should this now be the Bournemouth & Poole Safeguarding Children Board?
The contact details for the Children and Young Peoples Services can be found on the Borough of Poole website at
Interested Parties
Interested Parties – General
The Act identifies various categories of person who may be Interested Parties in relation to an application for or in respect of a Premises Licence, namely a person who in the opinion of the Licensing Authority:
lives sufficiently close to the premises and likely to be affected by the authorised activities
has business interests that might be affected by the authorised activities or
represents persons who satisfy either of the two sub-paragraphs above and
Interested parties can make representations about licence applications or apply for a review of an existing licence.
Interested parties can make representations about licence applications or apply for a review of an existing licence.
Interested Parties – Principles relating to determination
The Licensing Authority will apply various principles to determine whether a person is an Interested Party and will generally require written evidence that a person or body represents someone who complies with 4.1.1 above.
The Licensing Authority will consider each situation on its own merits.
In determining whether a person lives “sufficiently close to the premises”, the Licensing Authority will have regard to such of the following factors as it considers appropriate to the circumstances:
the size of the premises
the nature of the premises
the distance of the premises from the location of the person making the representation
what might, in the opinion of the Licensing Authority, be reasonably regarded as a potential impact of the premises (this might for example be influenced by the anticipated number of customers, routes likely to be taken by those visiting the premises etc)
the nature of the complainant. This is not meant to cover the personal characteristics of the complainant, but the interest of the complainant where they may be relevant to the distance from the premises. For example, the Licensing Authority is likely to apply a wider interpretation to the meaning of “sufficiently close” where the complainant provides services attended by children or vulnerable adults and
such other factors as it considers are relevant.
In determining whether a business interest is “likely to be affected”, the Licensing Authority will have regard to such of the following factors as it considers appropriate to the circumstances:
the size of the premises
the “catchment” area of the premises (i.e. how far people travel to visit)
the nature of the business that is suggested might be affected and
such other factors as it considers are relevant.
In determining whether a person is regarded as representing a person in either of the other two Interested Party categories, the Licensing Authority in particular considers that the following may fall within this category:
Members of Parliament or Elected Councillors
Residents’ and tenants’ associations and
Trade unions and trade associations
The Licensing Authority will not necessarily consider a person as representing one of the other categories of Interested Party unless the person can demonstrate:
that they have specifically been requested in writing to represent that person and / or business in relation to the submission of the representation and / or
that, in the case of a body, it represents a significant number of persons that have made submission with regards to the representation.
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 Borough of Poole Legal and Democratic Services for advice.