BOROUGH OF POOLE – LICENSING SUB-COMMITTEE – 14 DECEMBER 2010

BOROUGH OF POOLE

LICENSING SUB-COMMITTEE

14 DECEMBER 2010

The Meeting commenced at 5:02pm and concluded at 5:45pm

Present:

Councillor Mrs Butt (Chairman)

Councillors Brown and Burden

Also present:

Michelle Coplestone – Democratic Support Officer, Legal and Democratic Services, Borough of Poole (BoP)

Lisa Gardner – Democratic Support Officer, Legal and Democratic Services, Observing, (BoP)

Lesley Johnson – Licensing Assistant, Environmental and Consumer Protection Services (ECPS), (BoP)

Frank Wenzel – Principal Licensing Officer (ECPS), (BoP)

Russell Wileman – Senior Solicitor, Legal and Democratic Services, (BoP)

Simon Terry – General Solicitor, Legal and Democratic Services, Observing, (BoP)

Penny Ree – Area Manager, Bowlplex

Shane Wells – Bowlplex

Paul Duncan - Bowlplex

Members of the Public present: 0

LSC12.10APOLOGIES FOR ABSENCE

No apologies for absence were received.

LSC13.10DECLARATIONS OF INTEREST

No declarations of interest were made.

LSC14.10BOWLPLEX

The Chairman outlined the Rules and Procedure for dealing with the Application for a variation of the Licensed Premises Gaming Machine Permit for the Premises known as Bowlplex, Towerpark, Poole, situated within the Newtown Ward.

The Speakers were identified as Frank Wenzel, Principal Licensing Officer, Environmental and Consumer Protection Services (ECPS),Penny Ree, Area Manager of Bowlplex, and Shane Wells and Paul Duncan of Bowlplex. The Chairman noted that no objections had been received.

The Principal Licensing Officer read out the Report of the Head of ECPS, which detailed the proposed Application.

The Sub-Committee was informed that the Borough of Poole (BoP) delegated its Licensing functions, as set out in the Gambling Act 2005, to the Elected Members of the Licensing Committee and that in line with the BoP Gambling Act Statement of Principles; the Application had been brought before a Licensing Sub-Committee for determination.

The Principal Licensing Officer summarised the following key points:-

  • Premises holding a valid Premises Licence, issued under the Licensing Act 2003, authorising the supply of alcohol for consumption on the Premises, were automatically entitled to two category C or D gaming machines (upon notification to the Licensing Authority of their intention to make gaming machines available for use).
  • There was no limit to the number of category C and/or D gaming machines that could be applied for. The Licensing Authority could therefore issue gaming machine permits which allowed category C and D gaming machines.
  • Each Application must be looked at on its own merit and where a gaming machine permit authorised the making available of a specific number of gaming machines; this would replace and not be in addition to any automatic entitlement to two machines.
  • In line with the BoP Gambling Act 2005 Statement of Principles where a valid application for/or variation of a gaming permit for more than eight machines was received, a Hearing by a Licensing Sub-Committeemust be held to consider the Application.

Members were advised that Bowlplex was a muti-use entertainment complex with its primary entertainment being bowling. Bowlplex also had a bar and a family games area with a mixture of video and skill games.

Kossway Automatics Limited, on behalf of Bowlplex, currently possessed an alcohol licensed premises gaming machine permit for four category C machines.

An Application had been made by Kossway Limited, on behalf of Bowlplex, to vary the existing permit to 19 machines, made up of 4 category C machines and 15 category D machines.

A plan of the Premises showing the position of the machines was attached as Appendix A. Details of the proposed precautions for preventing under 18 year olds from using the category C gaming machines were attached as Appendix B.

The Principal Licensing Officer informed the Sub-Committee that no representations had been received from Dorset Police.

The Principal Licensing Officer asked the Licensing Sub-Committee to consider the Application to increase the number and type of gaming machines at Bowlplex, bearing in mind the BoP Gambling Act 2005 Statement of Licensing Principles, any relevant guidance issued by the Gambling Commission and the Licensing Objectives, as set out in the Gambling Act 2005.

The Chairman thanked the Principal Licensing Officer for presenting the Report of the Head of Environmental and Consumer Protection Services and asked Members of the Sub-Committee if they had any questions or points of clarification on what they had just heard.

A Member of the Sub-Committee asked for confirmation that Bowlplex was applying to vary its existing gaming machine permit to 19 machines? The Principal Licensing Officer confirmed that it was 19 machines, made up of 4 category C machines and 15 category D machines and that if the make up of machines was to change, the Applicant would need to come back before the Licensing Sub-Committee.

The Chairman then heard from the Applicants representing Bowlplex.

Paul Duncan advised the Sub-Committee that there would not be 15 individual category D machines;it would be a single category D gaming machine with a number of playing positions.

With the consent of all parties present, the Applicants representing Bowlplex distributed five colour photos of the gaming machines in order to show the different playing positions. The Senior Solicitor drew Member’s attention to the plan of the Premises, which detailed the number and the position of the gaming machines.

With the consent of all parties present, Penny Ree, Area Manager of Bowlplex, distributed a detailed plan of the Premises to show more clearly where each machine would sit. It was noted that the additional gaming machines were marked in green on the Plan and that the positioning of the Closed Circuit Television (CCTV) was marked in red.

Members were informed that the Reception/Shoe Control Desk and the Grill Service Counter overlooked the gaming machines and staff working in these areas would monitor the usage.

A Member asked if the category C machines were visible from the Bar? Penny Ree confirmed that they were but that the gaming machines were mostly viewed from the Reception/Shoe Control Desk.

The Chairman stated that she was satisfied that category C gaming machines could be clearly viewed and monitored.

Paul Duncan advised that the CCTV in the Premises was in working order and operated on a digital recording system. The images recorded would self delete after a month but images could be burned onto a disc and saved if required.

The Principal Licensing Officer reminded Members that the BoP Gambling Act 2005 Statement of Principles stated that Applicants must submit details on how category C machines would be viewed by the Premises. He added that there was nothing to stop under 18s from being near category C gaming machines, however, they were not allowed to play them.

The Chairman asked the Applicants what staff would do if they thought that an under 18 was playing on a category C gaming machine? The Sub-Committee was informed that Bowlplex operated a ‘Think 21 Policy’, with regard to alcohol and this extended to the gaming machines. In addition, the Manager of Bowlplex would be situated at the front of house during busy periods e.g. weekends, in order to monitor use of the gaming machines. Penny Ree also advised that Bowlplex planned to operate a Refusals Register, similar to the Alcohol Refusals Register, in relation to the category C gaming machines.

With the consent of all parties present, Penn Ree submitted the Operational Policies and Procedures in respect of Bowlplex and apologised for the fact that the document had not been submitted with the original Application.

Members of the Sub-Committee were reminded by the Senior Solicitor that they could not attach conditions if they chose to grant the Application.

The Principal Licensing Officer advised that if the Sub-Committee chose to grant the variation of the existing permit and there were future problems, the Applicant would need to go before the Sub-Committee again where the permit could be revoked or the number of gaming machines amended.

Penny Ree referred to page 2 of the Operational Polices and Procedures of Bowlplex ‘Refusal and Ejection’ and advised that attempts to play category C gaming machines were recorded in the same way as alcohol refusals due to an individual not being able to produce identification, or due to identification being invalid.

Penny Ree advised that at a recent meeting with Lesley Johnson, Licensing Assistant, she had been made aware of social inclusion and that Bowlplex intended to train staff to look out for excessive users of gaming machines and that information would be supplied to customers who fell into this category on gambling support groups.

A Member asked if the protection of vulnerable persons was included in Bowlplex’s in-house policy and if staff were trained to identify vulnerable persons e.g. those with learning difficulties? Penny Ree advised that this was an area which was not yet covered in the in-house policy, however, training would be taking place and a Management Training Session for new and existing staff would be taking place on 4 January 2011. The Chairman commented that officers at ECPS would be able to assist with advice and guidance if required.

Paul Duncan advised the Sub-Committee that Bowlplex had security in place at weekends and that staff levels were also increased at weekends and would monitor the gaming machines.

The Chairman thanked the Applicants for their submissions and asked the Senior Solicitor if he had any comments? The Senior Solicitor commented that the Applicants had put forward a Register of Refusals in relation to gambling and that the Gambling Code of Practice recommended that operators do this.

The Chairman asked if Members of the Sub-Committee had any further questions?

A Member asked how the gaming machines would be monitored when Reception was busy? Paul Duncan reiterated that security was present at weekends and that additional staff would also be in place during busy periods to oversee the use of the gaming machines.

Penny Ree explained that unaccompanied children were not allowed in the Premises after 20:00 hours.

The Chairman asked the Applicants if they wished to add anything to their submission?

Shane Wells commented that problem gamblers and long since been eradicated from the Premises.

In answer to a question, Penny Rees informed the Sub-Committee that the Premises did have an ATM machine, which was situated opposite Reception and that customers would need to stop playing the machines in order to withdraw more funds.

The Chairman confirmed that all parties were happy for the Sub-Committee to consider all the evidence provided.

The Sub-Committee withdrew to consider its decision.

The Sub-Committee reconvened and gave its decision as follows:-

RESOLVED that

The Licensing Sub-Committee having heard representations from Bowlplex, have decided to grant the Application to vary the Gaming Machine Permit for the Premises known as Bowlplex, Towerpark, Poole as follows:-

To allow 19 machines made up of four category C machines and 15 category D machines.

The Sub-Committee being satisfied that the Applicant has sufficient operational policies and procedures in place to comply with the Borough of Poole Statement of Principles under the Gambling Act 2005 and in particular, the Licensing Objectives.

CHAIRMAN

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