The Licensing Committee has decided to approve a new gambling regulation policy for Westmorland and Furness.

URL: https://westmorlandandfurness.moderngov.co.uk/ieDecisionDetails.aspx?ID=113

Decision Maker: Licensing Committee

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: The Head of Public Protection presented the report. He reported that Section 349 of the Gambling Act 2005 (“the 2005 Act”) required Licensing Authorities to prepare and publish a Statement of licensing principles that they proposed to apply to apply in exercising their functions under the 2005 Act every three years. The Council was currently operating under three separate policies approved by the former Councils of Barrow Borough, Eden District and South Lakeland District and therefore a new Statement of Policy was required for Westmorland and Furness.   The 2005 Act placed a responsibility for the regulation of gambling on the Gambling Commission and Licensing Authorities. The Gambling Commission was responsible for the regulation of operators and gambling premises and for issuing code of practice and guidance. The functions of the Licensing Authority were:   ·         Licensing premises for gambling activities; ·         Considering notices for temporary use of premises for gambling; ·         Granting permits for gaming machines in clubs; ·         Regulating gaming and gaming machines in alcohol licensing premises; ·         Granting permits for family entertainment centres; ·         Granting permits for prize gaming; and ·         Considering occasional use notices for betting tracks and registering small society lotteries.   In preparing the Statement of Policy the Council must have regard to the guidance issued by the Gambling Commission under Section 25 of the 2005 Act. The current guidance was published on 1st April, 2021 and was last updated on 11th April, 2023.   Consultation on the draft Statement of Policy had taken place between 1st October and 31st December, 2023 and no responses had been received to the consultation other than acknowledgements of the policy. The draft Statement of Policy was also published on the Council’s website during the consultation period.   The Public Protection Manager set out additional amendments to the Statement of Gambling Policy as follows:-   a)        Page 1 – Date amended from “2023 - 2026” to “2024 - 2027” b)        Paragraph 15.17 - date amended to “1st April 2024” c)         Replace Paragraph 19.8 with:   “The summary of the terms and conditions of the premises licence issued under section 164(1)(c) of the 2005 Act shall be displayed in a prominent place within the premises. The layout of the premises shall be maintained in accordance with the plan.   The premise shall not be used for:- (a) the sale of tickets in a private lottery or customer lottery, or (b) the sale of tickets in any other lottery in respect of which the sale of tickets on the premises is otherwise prohibited.   1.         A notice stating that no person under the age of 18 years is permitted to enter the premises shall be displayed in a prominent place at every entrance to the premises.   2.         No customer shall be able to enter the premises directly from another premises in respect of which one of the following permissions has effect:- (a) a casino premises licence (b) an adult gaming centre premises licence (c) a betting premises licence other than a track premises licence: and   3.  (1)   This paragraph shall apply where children or young persons or both are permitted by the licence holder to enter the premises, and Category B or C gaming machines are made available for use on the premises.   (2)   Any area of the premises to which category B and C gaming machines are located:- (a) shall be separated from the rest of the premises by a physical barrier which is effective to prevent access other than by an entrance designed for the purpose: (b) shall be supervised at all times to ensure children or young persons or both do not enter the area; and (c) shall be arranged in such a way that ensures all parts of the area can be observed by the persons mentioned in sub-paragraph (3).   (3)   the reference to supervision in this paragraph means supervision by:- (a) one or more persons whose responsibilities include ensuring children or young persons or both do not enter the area: or (b) closed circuit television which is monitored by one or more persons whose responsibilities include ensuring that children or young persons or both do not enter the area.   4.         A notice stating that no person under the age of 18 years is permitted to enter the area shall be displayed in a prominent place at the entrance to any area of the premises in which Category B or C gaming machines are made available for use.   (1)      In the case of a charge for admission to the premises, a notice of that charge shall be displayed in a prominent place at the principal entrance to the premises.   (2)      In the case of any other charges in respect of gaming, a notice setting out the information in sub-paragraph (3) shall be displayed at the main point where payment for the charge is to be made.   (3)      The notice in sub-paragraph (2) shall include the following information:- (a) the cost (in money) of each game card (or set of game cards) payable by an individual  in respect of a game of bingo; (b) in respect of each game card (or set of game cards) referred to in paragraph (a) the amount that will be charged by way of a participation fee for entitlement to participate in that game; and (c) a statement to the effect that all or part of the participation fee may be waived at the discretion of the person charging it.   (4)      The notice may be displayed in electronic form.   (5)      A reference in this paragraph to a charge in respect of gaming does not include an amount paid for an opportunity to win one or more prizes in gaming to which section 288 of the 2005 Act (meaning of “prize gaming”) applies.   5.  (1)   The rules of each type of game that is available to be played the premises other than games played on gaming machines shall be made available to customers within the premises.   (2)   The condition in sub-paragraph (1) may be satisfied by:- (a) displaying a sign setting out the rules, (b) making available leaflets or other written material containing the rules, or (c) running an audio-visual guide to the rules prior to any bingo game being commenced.   6.         Any ATM made available for use on the premises shall be located in a place that required any customer who wishes to use it to cease gambling in order to do so.   Default conditions attached to bingo premises licences   1.      Subject to paragraph 2, no facilities for gambling shall be provided on the premises between the hours of midnight and 9am   2.      The condition in paragraph 1 shall not apply to making gaming machines available for use”.   It was moved by Councillor Jarvis and seconded by the Chair to add a recommendation to delegate approval to Officers to make any further minor amendments to the draft Policy.   It was moved by the Chair and seconded by Councillor Audland, and   RESOLVED:- It was unanimously agreed:-   1.         That the Licensing Committee approve the draft Statement of Policy, including the amendments shown in Appendix A and submitted at the meeting, subject to any further amendments, and   2.         To delegate approval to Officers to make any further minor amendments to the draft Policy, in conjunction with the Chair of Licensing.  

Date of Decision: January 22, 2024