Agenda item

Recommendation from Licensing and Regulatory Committee - Gambling Act 2005 - Review of Statement of Principles

To consider the recommendation from the Licensing and Regulatory Committee 28 November 2024 as below.

 

The agenda for the meeting and report for this item can be found at the following link Agenda for Licensing and Regulatory Committee on Thursday, 28th November, 2024, 10.00 am - Teignbridge District Council

 

The Minute and recommendation of the Licensing and Regulatory Committee 28 November 2024 is as follows:

 

“13. GAMBLING ACT 2005 - REVIEW OF STATEMENT OF PRINCIPLES

 

The Licensing Manager went through the draft Gambling Statement of Principles (previously circulated) and clarified that the Committee was being requested to recommend to Full Council for approval.

 

The Committee asked the Licensing Manager to clarify if the police had been consulted as they were not included on the list of consultees within the report. The Licensing Manager confirmed that they had been.

 

Cllr Rollason asked if the Licensing Manager could amend paragraph 7.2 on page 8 as the wording ‘such objections do not relate to the licensing objectives’ appeared misleading and did not make sense, it was felt it should read ‘such objections relate to the licensing objective’.

 

It was also noted that there was a minor spelling error on page 24 in section 5.2 where the word ‘supervisor’ should be ‘supervised’.

 

The Licensing Manager further clarified points to the committee relating to the use of the word ancillary in relation to fairgrounds. The Licensing Manager also confirmed that historically the health authority hasn’t been consulted but going forward they will be and their comments from other another authority’s review have been taken into account.

 

In response to questions from members on the availability of training the Licensing Manager confirmed that whilst they can earmark training facilities and encourage training, they cannot force training to be undertaken. The Licensing Authority can point operators to the Gambling Commission as this is where the operators obtain their licences from. Therefore, they should be aware of their responsibilities before they obtain a premises licence.

 

The Licensing Manager also clarified for members that currently Teignbridge does not have a Local Area Profile as no issues have been raised. The Licensing Authority rarely receive new premises applications. If concerns were raised in the future, then the authority would certainly look to implement a local area profile as they would have the necessary information required to progress this.

 

It was proposed by Cllr Rollason and seconded by Cllr Dawson that the Statement of Policy be recommended to Full Council for approval with the following amendment: - point 7.2 on page 8 to read ‘such objections relate to the licensing objective’. A vote was taken – the result was 5 in favour, 1 abstention and 0 against.

 

RESOLVED that the amended Gambling Statement of Principles be recommended to Full Council for approval.”

 

Note At the meeting of the Licensing and Regulatory Committee, it was considered that a part of the draft statement of principles quoted did not make sense.  Accordingly, the statement was abridged when quoted.  This led to the statement amounting to a misquote.  Therefore, the original wording must be considered for approval and not the amended version.

 

Minutes:

The Chair of the Licensing and Regulatory Committee Cllr Hayes proposed the approval of the recommendation from the Committee subject to an amendment to remove the word “amended” from the recommendation. It was noted that at the meeting of the Licensing and Regulatory Committee, it was considered that a part of the draft statement of principles quoted did not make sense. Accordingly, the statement was abridged when quoted. This led to the statement amounting to a misquote. Therefore, the original wording must be considered for approval and not the amended version.

 

Councillor Hayes proposed that the Gambling Statement of Principles be approved.  This was seconded by the Deputy Leader Councillor Palethorpe.

 

An amendment was proposed by Councillor J Taylor and seconded by Councillor Rogers that the following be added to the Policy: “Licenced premises be required to share their Risk Assessment to the Local Licensing Authority.”

 

The substantive motion was voted on a CARRIED.

 

RESOLVED

 

That the Gambling Statement of Principles be approved subject to the addition of “licenced premises be required to share their Risk Assessment to the Local Licensing Authority.”