The Licensing Committee of Croydon Council met on Monday, 18 November 2024, to review and endorse the draft Gambling Act 2005 Statement of Principles for 2025-2028, recommending its adoption by Full Council. The committee also approved revisions to the protocols for Licensing Sub-Committee hearings under both the Licensing Act 2003 and the Gambling Act 2005, incorporating updates following a recent High Court decision on remote hearings.

The Gambling Act 2005 - Review of London Borough of Croydon Statement of Principles

The committee reviewed the draft Gambling Act 2005 Statement of Principles for 2025-2028. This triennial review, a statutory requirement, involved a public consultation period. The Head of Environmental Health, Trading Standards and Licensing, Michael Goddard, explained that no significant policy changes were proposed, with updates primarily focusing on formatting, contact details, and population figures. He noted that the Gambling Commission's statutory guidance, which the council must consider, had not undergone substantial changes since April 2021.

During the consultation, one comment was received from Councillor Ria Patel of the Green Party. Mr Goddard clarified that the policy is subservient to legislation and statutory guidance. He explained that the Gambling Commission conducts due diligence on operator licence applicants, and the council's role is to license the premises. He also addressed concerns about the social responsibility charter for gaming machines in pubs and the broad wording in the protocol regarding door supervisors, which could encompass gambling applications. Mr Goddard confirmed that there is no provision for cumulative impact assessments under gambling legislation, but that gambling premises are more likely to be located in district retail centres and town centres due to higher footfall. He also detailed the review process for premises not adhering to licensing objectives and the requirement for gambling establishments to conduct local area risk assessments, with the council providing information from the Croydon Observatory to assist. The committee noted a significant decrease in betting shops over recent years.

The committee endorsed the draft Statement of Principles and recommended its adoption by Full Council.

Licensing Act 2003 (Hearings) Regulations 2005 and Gambling Act 2005 (Proceedings of Licensing Committees & Sub-Committees) (Premises Licenses and Provisional Statements) (England and Wales) Regulations 2007 Procedures for Licensing Sub-Committee Hearings

The committee reviewed and approved revisions to the protocols governing Licensing Sub-Committee hearings under both the Licensing Act 2003 and the Gambling Act 2005. Michael Goddard explained that these protocols had been updated following a High Court ruling in July 2024 that confirmed the lawfulness of remote hearings for Licensing Act 2003 matters. He noted that Croydon Council had been conducting remote hearings since the pandemic and found them to increase public participation.

The revisions include the removal of references to COVID-19 related legislation, updates to officer titles, formatting corrections, and the removal of references to reserve members. A key amendment to the protocols addresses the assumption that hearings will normally be online, allowing parties to request in-person hearings with sufficient notice. The protocols also clarify that parties contacting sub-committee members will be directed to licensing officers and that notification of outcomes will generally be made within five working days, unless regulations specify otherwise. The committee noted the High Court decision and its impact on the Licensing Authority.

The committee resolved to approve the revised protocols for both the Licensing Act 2003 and the Gambling Act 2005.