Issue - meetings

The Head of Housing and Community Services introduced the report detailing a full review of the Statement of Licensing Principles for the Gambling Act 2005 following a light touch review in January 2016.

The Committee was advised that an external barrister had been appointed to take an overview on the revision and had confirmed that it was compliant with new guidance.

The Committee provided feedback on the Statement and put forward the following amendments:

·  The table at appendix 7 to the Statement required updating to the most recent version;

·  Page 4 of the Statement - sentence to be amended to read ‘In exercising its functions under this part the Licensing Authority shall aim to permit the use of premises for gambling in so far as it complies with –‘;

·  Page 15 – deletion of the repetition of a statement regarding duplication of other regulatory regimes;

·  Page 19 – deletion of the repetition of a bullet point.

With regard to page 12 of the Statement it was noted that there appeared to be a contradiction between whether or not evidence of anti-social behaviour within an area could be taken into account when deciding to allow a gambling establishment to open. The Licensing Partnership Manager explained that, taking the Gambling Commission’s guidance together with recent legislation, no regard could be given to anti-social behaviour within an area, however the locality of the premises should be taken into consideration.

A Member asked who defined proportionate intervention and remedy as listed on page 15. The Head of Housing and Community Services clarified that enforcement policy was used by local authority officers to guide the determination of proportionate action.

RESOLVED:

1.  That a 12 week consultation be undertaken on the proposed revised Maidstone Borough Council’s Statement of Licensing Principles / Gambling Policy, attached as Appendix A to the report of the Head of Housing and Community Services and as amended by committee.

2.  That a further report be received after the conclusion of the consultation to consider any comments prior to formally recommending a revised Statement of Licensing Principles for the Gambling Act 2005 to Council for adoption.

3.  That authority be delegated to the Head of Housing and Community Services to make minor changes to the document including those identified at the meeting.

For – 12  Against – 0  Abstain – 0