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MAIDSTONE BOROUGH COUNCIL
COUNCIL
8 DECEMBER 2021
REPORT OF THE LICENSING COMMITTEE MEETING HELD ON 11 NOVEMBER 2021
GAMBLING ACT 2005 – STATEMENT OF LICENSING PRINCIPLES POLICY 2022-2025
Issue for Decision
Section 349 of the Gambling Act 2005 requires all Licensing Authorities to prepare and publish a statement of licensing principles that they propose to apply in exercising their functions under the Act during the three-year period to which the policy applies.
The current policy was approved at Full Council on 12 December 2018 but has been revised and subject to a public consultation. If agreed, the policy will be re-published by 31 January 2022 for a further three-year period to meet the Council’s statutory requirements as a Licensing Authority.
Recommendation Made
That the Gambling Act 2005 Statement of Licensing Principles Policy 2022-2025, as attached at Appendix 1 to the report, be agreed.
Reasons for Recommendation
In accordance with the above Act Licensing authorities are required to develop, consult on, and publish a Statement of Licensing Principles Policy every three years that sets out the principles they propose to apply in exercising their functions under the Gambling Act 2005 during that period.
A revised draft of the policy was put before the Licensing Committee on the 16 September 2021, at which they agreed to authorise officers to consult with all interested parties with the results of the consultation to be reported back to Licensing Committee on the 11 November 2021. The 4-week consultation commenced 28 September 2021 and concluded 25 October 2021 and the responses received are included in Appendix 2 to the report.
The gambling objectives are:
i) preventing gambling from being a source of crime and disorder, being associated with crime and disorder or being used to support crime
ii) ensuring that gambling is conducted in a fair and open way and
iii) protecting children and other vulnerable persons from being harmed or exploited by gambling.
The draft Policy that went out for consultation (Appendix 1) provides clarity to applicants and other parties to support the application process, to create efficiencies and manage and demonstrate expectations. There have been no changes to the intent or direction of the Policy, which sets out how the Council seeks to regulate gambling activities under its control and provide a framework for consistent decision making.
Three responses were received during the consultation period and are attached as Appendix 2 and the Officer responses are attached at Appendix 3.
Alternatives Considered and Why Not Recommended
None.
Background Papers
Gambling Act 2005: Gambling Act 2005 (legislation.gov.uk)
Gambling Act 2005: Guidance to licensing authorities - Gambling Commission
Licence Conditions and Codes of Practice (LCCP): Licence Conditions and Codes of Practice - Gambling Commission
Appendices
Appendix 1: (draft) Gambling Act 2005, Statement of Licensing Principles Policy 2022-2025.
Appendix 2: Consultation Responses
Appendix 3: Gambling Act 2005 - Statement of Licensing Principles 2022-2025, Report to the Licensing Committee Meeting held on 11 November 2021