Agenda item

To introduce the Council’s proposed Draft Statement of Policy under the Gambling Act 2005 for the period of 2019 – 2022 and seek approval for public consultation.

Mr Knowles-Ley introduced this item and explained that each council is required by Section 349 of the Gambling Act 2005 to prepare and publish a statement of licensing principles commonly referred to as a ‘Statement of Policy’.

The primary purpose of the policy is to ensure that the provision of betting, gaming and lotteries within the district is provided in a manner that promotes the three statutory licensing objectives, firstly of preventing gambling being a source of crime or disorder, being associated with crime or disorder or being used to support crime, secondly ensuring gambling is conducted in a fair and open way; and thirdly protecting children and vulnerable persons from being harmed or exploited by gambling.

The policy will run for three years although an interim review can be conducted at any time.  The current policy came into effect on the 21 June 2016 and will cease on 20June 2019.  It has provided a sound framework for establishing the Council’s approach to a variety of gambling matters and has not been subject to formal challenge or informal criticism.  From a commercial perspective it does not appear to be unreasonably restrictive.

The contents of the current statutory guidance issued by the Gambling Commission has been carefully considered in preparation of the revised draft statement, and also the effect of any statutory changes made since the current policy was approved.  In comparison to previous years, there have only been a very small number of statutory changes and these relate to matters of law and not policy. 

Mr Knowles-Ley outlined the key changes and matters for consideration which includes a new Section 4 titled ‘Local Risk Assessments’, setting out clear expectations of licensed operators regarding risk assessments relating to premises.  Also included is an updated Section 5 titled ‘Local Area Profile’ which is referenced briefly as it is not considered necessary to produce a Local Area Profile at this time, but specifies the significant factors, should the position change.  Further included is the proposal to continue to formally designate the ‘West Sussex Local Safeguarding Children Board’ as the body responsible for advising on matters associated with the protection of children from harm.  Finally, also included is the proposal to maintain the position that although the authority is still unable to grant a Casino Premises Licence due to the current national statutory framework, the authority will determine to pass a ’no casino resolution’ under Section 166 of the Act.

Mr Knowles-Ley concluded that the proposed draft policy reflects the current statutory requirements and guidance and most importantly, will have a positive impact on the promotion of the three licensing objectives. 

In response to further members questions concerning obtaining spare Casino Licences, Mr Foord confirmed as cited by Mr Knowles-Ley, currently the situation is unchanged. 

The Chairman of the committee commented that very little has changed in regards to these matters, that the policy has stood the test of time and therefore requires only minor changes.

Resolved

That the draft revised Statement of Policy for the period 2019 – 2022 for the Chichester district be approved for public consultation.

That authority be delegated to the Director of Growth and Place to consider any representations arising from the consultation exercise and, provided the representations do not require significant amendments to the draft Policy, to recommend adoption to Council on 21 May 2019 (with minor amendments if considered appropriate) following consultation with the Cabinet Member for Environment Services.

In circumstances where significant amendments to the Policy are required that these are reported back to the Alcohol and Entertainment Licensing Committee for further consideration.