MAIDSTONE BOROUGH COUNCIL
1 MARCH 2017
REPORT OF THE LICENSING COMMITTEE HELD ON 26 JANUARY 2017
Gambling Act 2005 Statement of Licensing Principles 2016-2019
Issue for Decision
All Licensing Authorities are required under Section 349 of the Gambling Act 2005 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 Statement of Gambling Principles applies.
The current statement of principles took effect in January 2016 after a ‘light touch’ review, as the publication of the 5th edition of Gambling Commission Guidance was published too late to be included in the draft. Following the issuing of the Gambling Commission Guidance a detailed review of the Statement of Gambling Principles has been undertaken. This was considered by the Licensing Committee on 29 September 2016 where it was decided that a 12 week consultation would be undertaken, and on 26 January 2017 for consideration of responses received from the consultation. It was noted that no responses were received.
That the Council adopt the Draft Gambling Act 2005 Statement of Licensing Principles 2016-2019.
Reason for Recommendation
It is a statutory requirement for the Council to have a current statement of licensing principles in place covering the principles for its functions under the Act, and to review it from time to time and if necessary revise and publish the revision. A comprehensive updated Statement of Gambling Principles will improve the consistency in delivering the service and will better inform applicants of the licensing process in an open and transparent way, enabling the Authority to continue to have a ‘fit for purpose’ Statement of Gambling Principles in place.
Alternatives Considered and Why Not Recommended
It is a legislative requirement that the policy be reviewed at least every three years, and that a public consultation is carried out. Failure to review and adopt the Statement of Gambling Principles would result in the Council failing to comply with legislation and leave the Council open to legal challenge over the legitimacy of any decisions made.
The following document is to published with this report and forms part of the report:
Appendix A – Draft MBC Gambling Act 2005 Statement of Licensing Principles 2016/19