Purpose

As a Licensing Authority the Council must review the existing Statement of Gambling Policy and adopt a new policy by November 2025, as one of the responsibilities it has to regulate ‘high street’ premises under the Gambling Act 2005. The purpose of the policy is to define how the responsibilities under the Act are going to be exercised and administered.

Decision

1. To recommend to Full Council the adoption of the revised Statement of Gambling Policy.
2. Agree that the current ‘no casino’ resolution, which is permitted under section 166 of the Gambling 2005 Act, that is currently in the existing policy remains.

Reasons for the decision

All relevant local authorities are required under the Gambling Act 2005 to review their gambling policy at least every three years.

The purpose of the policy is to define how the functions and responsibilities under the Act are going to be exercised and administered.

A statutory consultation process must take place prior to the adoption of the revised Statement of Gambling Policy by Full Council.

Alternative options considered

Pursuant to the Gambling Act 2005, the Council is a responsible authority for the licensing of premises used for gambling. If the Council did not have a policy, it would be acting ultra vires with regards to any decisions it makes determining gambling premises licences.

The Gambling Commission has laid down guidance, which the Council must

have regards to carrying out their functions under the Act, including setting their Gambling Policy. Departure from the guidance without good reason could leave the council at risk of judicial challenge. The Gambling Commission guidance has been followed in drafting the revised Gambling Policy. The policy focuses on the elements covered by the licensing objectives.