Decision

Gambling Act 2005

Notice of Decision
 
 
PREMISES
Moon & Stars
99 -103 South Street
Romford
RM1 1NX
 
APPLICANT
JD Wetherspoon Plc
Wetherspoon House,
Reeds Crescent,
Watford, Hertfordshire
WD24 4QL
 
 
1.   
Details of requested variation
 
The application was to vary the extant
licensed premises gaming machine permit, to increase the number of
category C machines available for use from six to seven.
 
The application was made in accordance with
the provisions of the Act and in accordance with Havering’s
statement of gambling policy. 
 
 
2.   
Determination of Application
 
Consequent upon the
hearing held on 13 February 2025, the Sub-Committee’s
decision regarding the application for a variation for the premises
was as set out below, for the reasons stated:
 
The Sub-Committee was obliged to determine the
application with a view to promoting the licensing
objectives: -

(a) Preventing gambling from
being a source of crime or disorder, being associated with crime or
disorder or being used to support crime,

(b) Ensuring that gambling
is conducted in a fair and open way, and

(c) Protecting children and
other vulnerable persons from being harmed or exploited by
gambling.

 
The Sub-Committee was cognisant that the
Gambling Act 2005 places a legal duty on licensing authorities to
aim to permit gambling, in so far as it is considered to be
reasonably consistent with the pursuit of the licensing objectives
stated above.
 
3.   
Decision

 
The Licensing Sub-Committee
considered an application for a variation to the licensed
premises’ Gaming Machine Permit made by JD Wetherspoon
Plc in relation to the premises known as Moon
& Stars. The application was for an additional
Category C gaming machine, to bring the full complement of Category
C machines from six to seven.
 
The Sub-Committee reminded itself that it must have regard to
the Licensing Objectives, Guidance issued by the Gambling
Commission under s. 25 of the Gambling Act 2005, the
Council’s Statement of Gambling Policy and make its decision
pursuant to the provisions of schedule 13 of the Gambling Act 2005;
specifically, paragraph 15 and paragraphs 1 to 7
respectively.
The Sub-Committee noted that no responsible authority, or
interested persons, made representations against the application.
The Sub-Committee considered the written report of the
Council’s Licensing Officer and heard representations made by
the applicants.
The Sub-Committee were confident that the Licensing objectives
below would be upheld:

(a) Preventing gambling from
being a source of crime or disorder, being associated with crime or
disorder or being used to support crime,

(b) Ensuring that gambling
is conducted in a fair and open way, and

(c) Protecting children and
other vulnerable persons from being harmed or exploited by
gambling.
 
The Sub-Committee noted in particular that Challenge 21/25 would
be in operation; that no children under 18 would be allowed to use
the gaming machines and there would be constant monitoring of the
machines via bar staff or floor managers. The Sub-Committee found
it regrettable that the applicant does not employ a Licensed Premises Gaming Machines Policy and Procedure which
is tailored to the risks and challenges of the locality of where
the premises is located, in particular the issue of gambling
addiction, however upon questioning the premises’ manager,
the Sub-Committee were satisfied that the premises’ policy
and procedures will not undermine the licensing
objectives.
The Sub-Committee granted the
application.
 
 
 
Appeal
 
Any party to the decision may
appeal to the Magistrates Court within 21 days of notification of
the decision. On appeal, the Magistrates Court may make an order
for costs as it sees fit.