Minutes:
Following on from the Licensing Committee meeting held on 25th March 2024, whereby Members approved the draft revised Statement of Principles for the purpose of consultation; Members were now being asked to consider the responses received to the consultation.
The Principal Officer (Licensing) Worcestershire Regulatory Services (WRS) reminded the Committee that the Council’s current Statement of Principles under the Gambling Act 2005 had taken effect on 31st January 2022. In accordance with the provisions of the Act, the Council was required to prepare and publish a Statement of Principles every three years. As a result, a new Statement of Principles must be published by 31st January 2025.
Section 349 of the Gambling Act 2005 required that the licensing authority produced, consult on and published a Statement of the Principles that it proposed to apply when exercising its functions under the Act.
The Act also required that the Statement of Principles be kept under review and re-published at least every three years.
When preparing a Statement of Principles, the Council was required to consult with:-
· the Chief Officer of Police for the Authority’s area;
· one or more persons who appear to the Authority to represent the interests of
persons carrying on gambling businesses in the Authority’s area;
· one or more persons who appear to the Authority to represent the interests of
persons who are likely to be affected by the exercise of the Authority’s
functions under this Act.
In April 2023 the government published a long-awaited white paper entitled “High Stakes: Gambling Reform for the Digital Age.” The White Paper sets out the government’s plan for reform of gambling regulation, following the review of the Gambling Act 2005 that was first launched in December 2020.
The white paper contained a number of proposals for reforming gambling regulation in the following areas:
· Online protections – players and products
· Marketing and advertising
· The Gambling Commission’s powers and resources
· Dispute resolution and consumer redress
· Children and young adults
· Land-based gambling
Whilst many of the proposed reforms were not directly relevant to the role that the Council played in the regulation of gambling activities, there were some proposed changes that were directly relevant. These included:
· Proposals to relax the rules on the split of low and medium maximum stake
machines in certain licensed gambling premises.
· A review of the premises licence fees cap for local authorities.
· Introducing new powers to local authorities to conduct cumulative impact
assessments for gambling premises.
· Proposals to change the rules that allow under 18s to play Category D gaming
machines that pay cash prizes.
· Proposals to make provisions within the Gambling Commission’s code of
practise on the siting of gaming machines in licensed premises legally binding.
At this stage however, it was unclear when the government would bring forward the required legislation to implement the proposed reforms.
The consultation on the revised draft Statement of Principles had taken place with all relevant parties including:
The Principal Officer (Licensing), WRS further informed Members that the consultation exercise on the draft Statement of Principles was carried out between 5th July 2024 and 16th August 2024.
The consultation was also made available for comment via the Council’s website and publicised via social media.
The Operations Manager of the Lotteries Council had responded to the consultation to say that they had reviewed the draft Statement of Principles and had no comment to make.
A Bromsgrove District Councillor had also responded to the consultation and had confirmed that they had no comments to make.
No other responses were received during the consultation period, which officers consider was unsurprising given the minimal changes that were being proposed to the existing Statement of Principles.
In light of the lack of responses, officers did not believe that any further amendments needed to be made to the draft Statement of Principles, as consulted on.
Therefore, Licensing Committee Members were asked to consider the responses received and to recommend to Council that the draft Statement of Principles, as detailed at Appendix 1 to the report, be approved and published with effect from 31st January 2025.
RECOMMENDEDthat
a) the revised Statement of Principles, as detailed at Appendix 2 to the report, be approved; and
b) the Statement of Principles be published by 31st January 2025.
Supporting documents: