The Merton Council Licensing Committee met on Tuesday 8 October 2024 to discuss and approve revisions to the council's Gambling Policy and to set new fees for pavement licences. The committee approved the revised Statement of Principles under the Gambling Act 2005, which includes the re-statement of a 'no casino' resolution, and agreed to implement new fees for pavement licences.

Revised Statement of Principles under the Gambling Act 2005

The committee approved the draft Statement of Principles under the Gambling Act 2005 for public consultation. This policy sets out the principles that Merton Council will apply when exercising its functions under the Act, including licensing premises for gambling. A key element of the revised policy is the re-statement of the council's 'no casino' resolution, which has been in place since 2006. This decision was supported by the majority of respondents to the public consultation, with only two individuals expressing disagreement. The policy also addresses concerns about the clustering of gambling premises, the protection of children and vulnerable persons, and the social responsibility of gambling operators. The revised Statement of Principles will be presented to the Full Council for adoption on 20th November 2024 and will come into effect on 31st January 2025.

The council's approach to gambling premises is guided by three licensing objectives: preventing gambling from being a source of crime or disorder, ensuring it is conducted fairly and openly, and protecting children and vulnerable persons. The policy aims to balance the needs of businesses with the safety and well-being of residents, aligning with the council's vision of Building a Better Merton Together.

During the discussion, it was confirmed that there has been a general reduction in the number of gambling premises nationally and within the borough, with most of the current 21 premises being betting shops. The consultation process yielded 17 responses, which was considered a typical level for a policy of this nature.

New Pavement Licence Fees

The committee agreed to implement new fees for pavement licences, reflecting changes in national legislation. The Levelling Up and Regeneration Act 2023 has introduced a permanent pavement licensing regime, allowing local authorities to charge up to £500 for new applications and £350 for renewals and variations. Merton Council will charge £500 for new applications and £350 for renewals and variations, effective from 16th September 2024. Licences will be granted annually, a decision made to ensure more frequent reviews in Merton's densely populated environment and to keep track of business ownership changes.

These new fees are intended to cover the administrative and compliance costs associated with the pavement licensing regime, which were previously subsidised by the council taxpayer due to the lower fees introduced under temporary COVID-19 legislation. While the new fees are higher than the previous £100 cap, they are still lower than the rates charged before the pandemic in 2018/2019. The council's street trading account is ringfenced, meaning income generated from these licences can only be used to fund the service.

The process for pavement licence applications involves a 14-day consultation period, followed by a 14-day decision-making period. If a decision is not made within this timeframe, the application is automatically granted. Applications are subject to site visits by officers and highway officers to assess suitability, with a primary focus on the area to be used rather than the number of seats. The fees cover the administrative costs of processing applications, regardless of the outcome.

The committee voted to approve the recommendations, with 7 votes in favour and 2 against.