Licensing

Statement of Gambling Principles

July2012: 3rdDRAFT

Reviews

Action / Date / BY
1st Drafted and approved / December 2006 / AO
Reviewed and refreshed / December 2009 / AO
Reviewed and refreshed / December 2012 / AO

COUNCIL OF THE ISLES OF SCILLY

Statement of Principles

Gambling Act 2005

PART AINTRODUCTION AND PRINCIPLES
1. Introduction / 1
2 Where we are / 1
3 The licensing Objectives / 2
4 Consultation / 3
5Licensing Authority Functions / 4
6Declaration / 5
7Responsible Authorities / 5
8Interested Parties / 5
9Exchange of Information / 6
10Enforcement / 7
PART BPREMISES LICENCES
1General Principles / 8
2Adult Gaming Centres / 14
3(Licensed) Family Entertainment Centres / 14
4Casinos / 15
5Bingo Premises / 16
6Betting Premises / 17
7Tracks / 17
8Travelling Fairs / 18
9Provisional Statements / 19
PART CPERMITS, TEMPORARY AND OCCASIONAL USE
1Unlicensed Family Entertainment Centre Gaming Machine permits(Sch 10 paragraph 7) / 20
2(Alcohol) Licensed Premises Gaming Machine permits (Sch 13 paragraph 4 (1)) / 21
3Prize Gaming Permits (Sch 14 Paragraph 8 (3)) / 22
4Club Gaming and Club Machine Permits / 22
5Temporary Use Notices (TUN) / 23
6Occasional Use Notices (OUN) / 24
PART DDECISION MAKING
1Administration, Exercise and Delegation of Function / 25
2Reviews / 25
3Diversity and Equality / 26
4Human Rights / 27
PART EFURTHER INFORMATION AND CONTACTS
1Council Licensing Service / 28
2The Gambling Commission / 28
APPENDICES
Appendix AMaps / 29
Appendix BGlossary / 30
Appendix CPermitted Delegation / 37
Appendix DTable of Exemptions / 38
Appendix ECategories of Gaming Machines / 39
Appendix FList of Consultees / 40

1.1 Council of the Isles of Scilly as the local authority for the Isles of Scilly became a “Licensing Authority” under the Gambling Act 2005 (the Act), which came fully into force in 2007 and established a new regime for the regulation of commercial gambling whilst repealing a number of pieces of older law.

1.2 The Act requires the Council, along with all other licensing authorities, to publish a statement of principles that will be applied when carrying out its licensing functions. This statement of Licensing principles fulfils that statutory requirement and details the Council’s general approach to the making of decisions under the Act.

1.3 The main function of the Council as a Licensing Authority, through its licensing committee, will be to licence premises where gambling is to take place and issue a range of licences, permits and authorisations for gambling in its area. In addition the licensing authority will have power to impose conditions and review licences.

1.4 Additionally, the Council will be empowered by the Act to take enforcement action when an offence under the legislation has been committed or when premises or activities are unlicensed, or licence conditions are not complied with; this will be supported by powers of entry and inspection to ensure compliance.

1.5 This document does refer to the Gambling Commission, which has wider functions under the Act and with whom the Council will work alongside as a dual regulator. However, it does not discuss the role and responsibilities of the Commission and any references in this policy will only be insofar as it impacts on, or clarifies, this Authority’s functions. For example, the Commission is exclusively responsible for issuing operator and personal licences, the former of which is a necessity before the Council can consider an application for a premises licence (see page 38 for Gambling Commission details).

1.6 The Gambling Commission is also mentioned in this document as being responsible for issuing Codes of Practice and Guidance to licensing authorities regarding the manner in which they are to exercise their functions. This Statement endorses the principles set out in the Gambling Commission Guidance and key licensing objectives and confirms that the Council will take account of all such guidance.

2.1The Isles of Scilly are made up of over 200 low-lying granite islands and rocks, five of which are inhabited, located in the Atlantic, some 45 kms South West from Land’s End. The Islands are reached by ship from Penzance (2.5 hours), helicopter from Penzance (20 minutes) or plane from Lands End (15 minutes). The distance and cost of travel mean that the population needs to be self-sufficient in terms of all day-to-day services. The role of the Council as a Unitary Authority and provider of Utilities is of central importance to the community.

2.2The unique environment is also a constant factor in the work of the Council. There are 27 Sites of Specific Scientific Interest and 236 Scheduled Ancient Monuments (incorporating 909 separate items). As well as this there are 128 listed buildings (4 Grade 1 and 8 Grade 2*) a remarkable distribution within a 16 km squared area. The waters around the Islands, down to a 50m contour have been established as a non-statutory Marine Park. The Islands are designated as an Area of Outstanding Natural Beauty and a plan is currently being developed that sets out a vision for the management of this unique environment. The Islands are also designated as a Conservation Area and as Heritage Coast. The Islands contain a Special Area of

Conservation (EU Habitats Directive) and Special Protection Area (EU Birds Directive) which means that the Islands are a EU Natura 2000 site.

2.3These are very positive factors in terms of providing an outstanding natural environment for residents and visitors; however the environment does place many constraints on the work of the Council.

2.4During the tourist season extending over 7 months the resident population of 2,100 is considerably increased. The Islands received over 100,000 visitors in 2008, this figure fluctuates up and down depending upon the economy and the weather year on year but imposes significant demands on the local services provided by the Council.

2.5The Isles of Scilly are unique and require a strong management approach to licensing issues. Premises which will impact on the night-time economy will be expected to build into operation plans, sufficient measures to minimise the impact of the premises operation on the residential and other tourism based activities.

3.1 In exercising most of their functions under the Gambling Act 2005, licensing authorities must have regard to the licensing objectives as set out in section 1 of the Act.

3.2 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;

3.3 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”.

3.4 This licensing authority is aware that, in accordance with Section 153 of the 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 these are:

  • 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;

4.1Licensing authorities are required by the Gambling Act 2005 to publish a statement of the principles that they proposed to apply when exercising their functions - This statement must be published at least every three years. The statement must also be reviewed from "time to time" and any amended parts re-consulted upon and if any changes are agreed, the statement must be then re-published.

4.2The Council of the Isles of Scilly is consulting widely upon this statement before finalising and publishing. A list of those persons consulted is provided below.

4.3The Gambling Act requires that the following parties are 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;
  • 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 Gambling Act 2005.

4.4List of persons we consulted can be found at Appendix F.

4.5Our consultation took place between 11 July and 12 September 2012,

4.6The full list of comments made and the consideration by the Council of those comments is available by request to,

The Licensing Department

Council of the Isles of Scilly

Town Hall

St Mary’s

Isles of Scilly

TR21 0LWe-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 Gambling Act 2005.

5.1 The Council of the Isles of Scilly as a Licensing Authority is required under the Act to carry out various regulatory functions and will:

  • 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 section above on information exchange)
  • Maintain registers of the permits and licences that are issued under these functions

5.2 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.

6.1Inproducing the final statement, the Council of the Isles of Scilly has had regard to the licensing objectives of the Gambling Act 2005, the guidance issued by the Gambling Commission, and any responses from those consulted on the statement.

7.1The licensing authority is required by regulations to state the principles it will apply in exercising its powers under Section 157(h) of the Act to designate, in writing, a body which is competent to advise the authority about the protection of children from harm. The principles are:

  • 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.

7.2In accordance with the suggestion in the Gambling Commission's Guidance for local authorities, the Council of the Isles of Scilly designates the Children’s Services Department of the Council of the Isles of Scilly for this purpose.

7.3The contact details of all the Responsible Authorities under the Gambling Act 2005 are available via the Council's website and are published in Appendix G.

8.1Interested parties can make representations about licence applications, or apply for a review of an existing licence. These parties are defined in the Gambling Act 2005 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 applications 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)"

8.2The licensing authority is required by regulations to state the principles it will apply in exercising its powers under the Gambling Act 2005 to determine whether a person is an interested party. The principles are:

That each case will be considered and decided on its merits.

The Council of the Isles of Scilly will not be rigid in its decision making. It will take full account of the considerations provided in the Gambling Commission’s Guidance for local authorities at 8.14 and 8.15. It will particularly consider the Gambling Commission’s Guidance that “has business interests” should be given the widest interpretation and include partnerships, charities, faith groups and medical practices.

8.5Interested parties can be persons who are democratically elected such as councillors and MP's. The Council of the Isles of Scilly 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.

8.6If individuals approach Councillors requesting them to represent their views the Councillors concerned are advised to take care to explain and make it clear they cannot be not part of the Licensing Committee which will deal with the specific licence application if they represent views presented to them by applicants, and advise if there are any doubts or concerns the person making the approach should contact the Licensing Authority’s licensing department for further advice.

The Licensing Department

Council of the Isles of Scilly

Town Hall, St Mary’s

Isles of Scilly

TR21 0LW Email

9.1Licensing 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 Act with respect to the exchange of information between it and the Gambling Commission, and the functions under section 350 of the Act with the respect to the exchange of information between it and the other persons listed in Schedule 6 to the Act.

9.2The principle that the Council of the Isles of Scilly applies is that it will act in accordance with the provisions of the Gambling, Act 2005 in its exchange of information which includes the provision that the Data Protection Act 1998 will not be contravened. The Council of the Isles of Scilly 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 Gambling Act 2005.

9.3Should any protocols be established as regards information exchange with other bodies then they will be made available.

9.4Representations by Interested Parties – such representations will be disclosed in full to the applicant and to Members determining the application of any hearing. Disclosure will include the identity of the person/body making the representation. Anonymous representations will not be accepted as the licensing authority must be satisfied that the representation is made by an ‘interested party’ as defined in the Act.

10.1Licensing authorities are required by regulation under the Gambling Act 2005 to state the principles to be applied by the authority in exercising the functions under Part 15 of the Act with respect to the inspection of premises; and the powers under section 346 of the Act to institute criminal proceedings in respect of the offences specified.

Council of the Isles of Scilly | DRAFT Statement of Gambling Principles / 1

10.2The Council of the Isles of Scilly’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.

10.3As per the Gambling Commission's Guidance for local authorities The Council of the Isles of Scilly will endeavour to avoid duplication with other regulatory regimes so far as possible.

10.4The Council of the Isles of Scilly has adopted and implemented a risk-based inspection programme, based on;

  • The licensing objectives
  • Relevant codes of practice
  • Guidance issued by the Gambling Commission, in particular at Part 36
  • The principles set out in this statement of licensing policy

10.5The main enforcement and compliance role for the Council of the Isles of Scilly in terms of the Gambling Act 2005 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 Council of the Isles of Scilly but will be notified to the Gambling Commission.

10.6The Council of the Isles of Scilly 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.

10.7Bearing in mind the principle of transparency, enforcement/compliance protocols/written agreements will be available upon request from the licensing department.

Council of the Isles of Scilly | DRAFT Statement of Gambling Principles / 1

1.1Premises licences will be subject to the requirements set-out in the Gambling Act 2005 and regulations, as well as specific mandatory and default conditions which will 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.

1.2The Council of the Isles of Scilly is aware that in making decisions about premises licences it should aim to permit the use of premises for gambling in so far as it thinks it: is