Agenda item

This report is submitted to the Committee to enable it to consider the revised Gambling Act 2005 Policy following a recent 5-week period of consultation on a draft revised policy. This report sets out the proposed policy to be adopted and the outcome of the consultation.

Further to Minute 10 (24.7.24), the Committee considered the revised Statement of Policy (Gambling Act 2005) following a recent 5-week period of consultation on a draft revised policy.  The report (A.3) set out both the proposed policy to be adopted and the outcome of the consultation which had been conducted from 30 July 2024 to 3 September 2024.

The Committee recalled that the Council was required to review and renew its Statement of Gambling Policy every three years in accordance with Section 349 of the the Gambling Act 2005.  The review and renewal of the Policy was subject to public consultation and must be adopted by Full Council upon a recommendation from both the Licensing and Registration Committee and Cabinet.

Members were reminded that a Review had been last undertaken three years ago and that no significant issues had arisen through use of the current policy since that last review.  The proposed changes were considered minor and an internal consultation had been undertaken with the Council’s Corporate Enforcement Group through this review process.

The Committee was aware that then Government had introduced a Gambling White Paper in April 2023. Should the recently elected Government pursue those proposals it was likely that there would be changes to the Gambling Commission’s Guidance issued to Local Authorities, which in turn would have an impact on the Council’s Gambling Policy. This, therefore, could require a further “mid-term” review of the Gambling Policy. Regrettably, however, the Council was unable to extend the term of its existing Gambling Act policy and must review its existing policy within the statutory time period.

It was reported that, in addition to a page created for the consultation on the Council’s website and a public notice displayed outside of the front of the Town Hall and the Council’s Offices at Pier Avenue, Clacton on Sea, the below had been written to inviting them to comment on the draft Policy:-

·      All Tendring District Councillors

·      All Parish Councils

·      Responsible Authorities under the Gambling Act 2005 (including Essex Police)

·      Institute of Licensing

·      A number of licensing solicitors

·      A range of licence holders of local premises licence (including pubs, off-licences, night time economy, street traders, gambling premises and taxis)

In addition to the consultation letters, the Licensing Team had also visited a number of licence holders within the District handing out consultation postcards to bring the consultation to the attention of the trader to voice their opinions. One licensing solicitor (Gosschalks, acting on behalf of the Betting and Gaming Council) had sent in responses to the consultation.  Their comments were attached as Appendix B to the report (A.3). The Head of Democratic Services & Elections highlighted that Gosschalks had requested amendments to paragraphs 15.11 and 24.2 of the Policy and he asked Members to give consideration to those requests in making their decision.

The Committee was reminded that the Policy must be based on the three licensing objectives as set out in the Gambling Act 2005, which were;-

·      Preventing gambling from being a source of crime and disorder, being associated   with crime or disorder, or being used to support crime;

·      Ensuring that gambling is conducted in a fair and open way;

·      Protecting children and other vulnerable people from being harmed or exploited by gaming.

Members noted that this proposed draft of the Policy would be the sixth that had taken place since the first Policy had been adopted in 2006. The framework of this Policy had been originally initiated and designed by the Essex Licensing Officers’ Forum so that applicants and existing businesses in the betting and gaming industry that had outlets across Essex would have a template to recognise and work with across a wide range of different Local Authorities in Essex.  It also ensured a framework of generic best practice amongst all Essex Authorities and ensured that any necessary regulatory requirements did not unnecessarily burden businesses who had applications to make for licensed outlets across Essex such as a chain of betting shops for example.

This had also enabled the development of a robust and practical policy through partnership for how the Gambling Act 2005 would be administered and compliance was managed for applicants and licence and permit holders alike.

It was reported that the draft revised policy, as set out at Appendix A to the report (A.3) was intended to support the following themes from the Council’s Corporate Plan 2024-28: 

·      Pride in our area and services to residents

·      Working with Partners to improve quality of life

·      Promoting our Heritage offer, attracting visitors and encouraging them to stay longer

It was also recognised that the Betting and Gaming industry in the District provided significant direct and indirect employment, skills and training for local people and particularly in the family friendly and family orientated seaside resort areas of Clacton, Dovercourt and Walton-on-the-Naze. It also provided welcome leisure attractions for visitors to the District.

In preparing the report (A.3), due consideration had been given to the Council’s statutory Equality Duty to eliminate unlawful discrimination, advance equality of opportunity and foster good relations, as set out in Section 149(1) of the Equality Act 2010.

The Licensing Authority had had due regard to the public sector equality duty under the Equality Act 2010.  Under this duty, the Authority (in the exercise of its functions) must have due regard to the need to:

·      eliminate any form of unlawful discrimination (including direct or indirect discrimination, harassment, victimisation, and any other conduct prohibited under the Act);

·      advance equality of opportunity between people who share a relevant characteristic and people who do not;

·      foster good relations between people who share a protected characteristic and people who do not.

Members acknowledged that the Council’s reviewed and revised Gambling Policy must be adopted, published and in place by 31 January 2025.  Failure to comply or meet with this deadline would mean that the Council could not lawfully accept or process Gambling Act 2005 applications after that date which would have a significant negative impact on the Council being able to recover its reasonable costs in relation to operating its licensing service for this function.

It was therefore moved by Councillor A Cossens, seconded by Councillor Davidson and:-

RESOLVED that the Committee recommends the revised Gambling Licensing Policy Statement 2025 - 2028, as attached as Appendix A to the report (A.3), to Cabinet and thence Full Council for its formal adoption.