PUBLIC Document Pack - Licensing Board - 14 January 2025
West Dunbartonshire Council · 14 January 2025
Back to Licensing Board — 14 January 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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West Dunbartonshire Licensing Board Alan Douglas, Clerk to the Licensing Board Council Offices, 16 Church Street, Dumbarton G82 1QL Telephone 01389 737800 Email: alan.douglas@west-dunbarton.gov.uk 7 January 2025 MEETING OF WEST DUNBARTONSHIRE LICENSING BOARD:- TUESDAY, 14 JANUARY 2025 Notice is hereby given that a Meeting of West Dunbartonshire Licensing Board will be held at 10.00 a.m. on Tuesday, 14 January 2025. The Convener has directed that the meeting will be held as an in-person meeting only in the Council Chambers, Clydebank Town Hall, 5 Hall Street, Clydebank G81 1UB. The business is shown on the attached agenda. I shall be obliged if you will advise committee.admin@west-dunbarton.gov.uk if you are unable to attend the meeting. Yours faithfully ALAN DOUGLAS Clerk to the Licensing Board Page 1
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Distribution:- Provost Karen Murray Conaghan Councillor Fiona Hennebry Councillor Gurpreet Singh Johal Councillor John Millar (Chair) Councillor Lawrence O’Neill Councillor Chris Pollock Councillor Hazel Sorrell Councillor Sophie Traynor All other Councillors for information Chief Executive Chief Officer – Regulatory and Regeneration Date Issued: 7 January 2025 Page 2
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LICENSING BOARD – TUESDAY, 14 JANUARY 2025 AGENDA 1 APOLOGIES 2 DECLARATIONS OF INTEREST Members are invited to declare if they have an interest in any of the items of business on this agenda and the reasons for such declarations. 3 MINUTES OF PREVIOUS MEETING 5 - 7 Submit for approval, as a correct record, the Minutes of Meeting of the Licensing Board held on Tuesday, 29 October 2024. 4 APPLICATION FOR A MAJOR VARIATION TO PREMISES 9 - 24 LICENCE Submit for consideration, an application for a Major Variation to Premises Licence for The Doghouse, 54 Balloch Road, Balloch G83 8LE. 5 APPLICATION FOR A PROVISIONAL PREMISES 25 - 48 LICENCE Submit for consideration, an application for a Provisional Premises Licence for Chivas Brothers, Duty Paid Store, Kilmalid, Stirling Road, Dumbarton G82 2SS. 6 GAMBLING ACT 2005 AND STATEMENT OF PRINCIPLES 49 - 113 Submit report by Clerk of the Licensing Board finalising the Licensing Board's Statement of Principles and Local Area Profile in relation to its functions under the Gambling Act 2005 (the 2005 Act) ahead of its publication. REVIEW OF PERSONAL LICENCE APPLICATION 7 115 Submit report by Clerk of the Licensing Board providing information regarding a Review of a Personal Licence for Ms Elspeth Glasgow. Page 3
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8 REVIEW OF PERSONAL LICENCE APPLICATION 117 Submit report by Clerk of the Licensing Board providing information regarding a Review of a Personal Licence for Mr Michael Docherty. _______________________________________________________________ Page 4
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WEST DUNBARTONSHIRE LICENSING BOARD At a Meeting of West Dunbartonshire Licensing Board held in the Civic Space, 16 Church Street, Dumbarton, on Tuesday, 29 October 2024 at 10.00 a.m. Present: Provost Karen Murray Conaghan and Councillors Fiona Hennebry, Chris Pollock and Sophie Traynor. Attending: Michael McDougall, Depute Clerk to the Licensing Board; Peter Clyde and Lawrence Knighton, Licensing Standards Officers; Carol-Ann Anderson, Licensing Assistant and Lynn Straker, Committee Officer. Also Attending: Sergeant David Holmes, Police Scotland; Audrey Junner, Solicitor and Representative and Ms Hannah Sheikh, Applicant for Application for Provisional Premises Licence - 6/8 Webster Street, Clydebank G81 1AZ; Mr Gulzar Ahmed and Mr Spencer, Objectors to Application for Provisional Premises Licence - 6/8 Webster Street, Clydebank G81 1AZ; Mr Raymond Yip, Applicant for Personal Licence. Apologies: Apologies for absence were intimated on behalf of Councillors Gurpreet Singh Johal, John Millar, Lawrence O’Neill and Hazel Sorrell. Michael McDougall in the Chair STATEMENT BY CHAIR Mr McDougall, Depute Clerk to the Licensing Board, opened the meeting and advised the Convenor and Depute Convenor had submitted their Apologies for the meeting. Provost Murray Conaghan, seconded by Councillor Traynor, moved for Councillor Pollock to sit as Convenor and the Motion was carried. Councillor Chris Pollock in the Chair DECLARATIONS OF INTEREST It was noted that there were no declarations of interest in any of the items of business on the agenda at this point in the meeting. Item 3 Page 5
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MINUTES OF PREVIOUS MEETINGS The Minutes of the Licensing Board meeting held on Tuesday, 3 September 2024 were submitted and approved as a correct record. APPLICATION FOR A PROVISIONAL PREMISES LICENCE An application was submitted for consideration for a Provisional Premises Licence for 6/8 Webster Street, Clydebank G81 1AZ. Members first heard from Objectors to the Application – Mr Gulzar Ahmed and Mr Spencer and then heard from Sergeant David Holmes, Police Scotland who noted no comment or objection to the application. Members then heard from Solicitor and Representative to the Application Ms Audrey Junner in support of the application. ADJOURNMENT Councillor Pollock, Convenor, adjourned the meeting for a short recess. The meeting reconvened at 10.31 a.m. with all Members listed in the sederunt present. After further discussion and having heard the Solicitor in further explanation and in answer to Members’ questions, Members agreed to grant the application as detailed in the Licensing Standards Officer report and with the additional condition that CCTV is installed internally and externally of the store. DECIDED:- Members agreed to grant the application subject to conditions as detailed in the Licensing Standards Officer report and with the additional condition that CCTV is installed internally and externally of the store. APPLICATION FOR GRANT OF A PERSONAL LICENCE A report was submitted by the Clerk of the Licensing Board regarding an application of a Personal Licence for Mr Raymond Yip. Members first heard from Sergeant David Holmes, Police Scotland who detailed the letter from Chief Constable, Police Scotland and the reasons why it was felt Mr Yip was not a fit and proper person to hold the Licence. Members then heard from Mr Yip in support of the application. ADJOURNMENT Page 6
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Councillor Pollock, Convenor, adjourned the meeting for a short recess. The meeting reconvened at 10.59 a.m. with all Members listed in the sederunt present. After further discussion and having heard the applicant, Sergeant David Holmes and Mr McDougall in further explanation and in answer to Members’ questions, Members agreed to refuse to grant the application, on the basis that Members do not consider Mr Yip is a fit and proper person to hold the Licence. DECIDED:- Members agreed to refuse to grant the application on the basis that Members do not consider Mr Yip is a fit and proper person to hold the Licence. The meeting closed at 11:02 a.m. Page 7
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THE LICENSING (SCOTLAND) ACT 2005 Application for Variation of Premises Licences Representation Premises Licence Reference: WDLBPREM/0204. Name and Address of Premises: Doghouse, 54 Balloch Road, Balloch G83 8LE Applicant/Licence Holder: Caledonian Heritable Ltd Type of Premises: On and Off Sales. Proposed Application: Include new outdoor seating area on layout plan. Also, the following changes to the Operating Plan are proposed: Amend question 5a to YES in columns 2 & 3 for Restaurant facilities. Amend question 5c to YES in columns 2 & 3 for indoor/outdoor sports. Police Authority Comments: No objections. Licensing Standards Comments: Please see attached report. Fire Authority Comments: No comments. Regulatory Services Comments: National Park Authority has the following comments on this consultation: The proposed beer garden does not have planning permission and there is currently a retrospective planning application under consideration (reference: 2023/0167/DET). We are working with the applicant to address outstanding matters including accurate plans of the area and providing a noise assessment to a standard acceptable to WDC Environmental Health Officers. We do not have sufficient information at present to assess the impact of the proposal on the amenity of neighbouring properties, and, if it was found acceptable, the limitations which should be put on any permission (e.g. opening hours/capacity) or mitigation measures required. I would draw attention to the following information on the operating plan: • Opening times of 11am-midnight weekdays, 11am-1am weekends Item 4 Page 9
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• It is presumed the outdoor area would have the same hours and we would have concerns over the impact on amenity for neighbouring properties if this was the case. We would take advice from WDC Environmental Health Officers on the appropriate hours for a residential area based on a noise assessment from the applicant. • The indicated capacity of the outdoor area is for 60 persons. This is significantly more than the 20 seats shown on the plan and is more than the capacity indicated to date in the planning application (the latest noise assessment provided was based on a group of 10 people in the outdoor area). • It appears that outdoor televised sports/outdoor sports is proposed which may be inappropriate for a residential area. It may be premature to grant a licence for this premise until a noise assessment has been submitted and assessed. As WDC are the relevant authority for monitoring and enforcing noise pollution and nuisance we would view the licence as the most appropriate method of limiting the hours, capacity and activity of the outdoor area. Late Representation: Building Standards Community Council Comments: No comments received. Health Board Comments: No comments received. Access Panel: No comments received. Additional Comments: Section 50 Certificates: Not required. Decision: Page 10
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The overall capacity of the premises will not exceed 154 persons Page 21
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Licensing Standards Officers Report LICENSING (SCOTLAND) ACT 2005 PREMISES LICENCE VARIATION APPLICATION PREMISES: WDLBPREM/0204 The Doghouse, 54 Balloch Road, Balloch G83 8LE PREMISES LICENCE HOLDER: Caledonian Heritable Ltd In accordance with the Licensing Board’s Statement of Licensing Policy the Licensing Standards Officer recommends that for the purposes of the licensing objectives, that the conditions narrated in the Board's policy at Appendix 1, Part D – Outdoor Areas as replicated below are applied to this licence. Part D - Outdoor Areas The holder of the premises licence for a licensed outdoor area must make sure that: - 1. The outdoor area complies with the area permitted by the relevant tables and chairs permit and it is clearly defined and enclosed by suitable barriers and controlled so that no drinks are allowed to be taken from it. All tables and chairs are removed from the street in accordance with the relevant Tables and Chairs Permit’s approved hours of operation. 2. The use of the tables and chairs area shall cease at 10 p.m. hours each evening. 3. The premises licence holder and premises manager will have management procedures in place to supervise admissions and to objectively monitor the occupant capacity, and to have an effective means of communication between the outdoor area and the premises. 4. The outdoor area will be regularly serviced and must be kept clear of empty receptacles, unattended glassware and all refuse removed. 5. All drinks will be supplied or decanted into suitable containers. 6. No amplified sound or music shall be played in, or relayed to, the outdoor area. 7. The capacity of the outdoor area shall not exceed 60 persons. Licensing Standards Officer Date: 19 December 2024. Contact: Peter Clyde, Licensing Standards Officer, Regulatory and Regeneration Services, Council Offices, 16 Church Street, Dumbarton. G81 1TG. Page 23
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E-mail: peter.clyde@west-dunbarton.gov.uk Page 24
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THE LICENSING (SCOTLAND) ACT 2005 Application for Provisional Premises Licences Representation Ref: WDLBPREM/0319 Name and Address of Premises: Chivas Brothers, Duty Paid Store, Kilmalid, Stirling Road, Dumbarton G82 2SS. Applicant/Licence Holder: Hill Brown Licensing on behalf of Chivas Brothers Limited. Type of Premises: Off Sales. Proposed Application: Application for a Provisional Premises Licence for a new ‘Duty Paid’ store located in standalone portacabin within Kilmalid site. Police Authority Comments: Representation. Licensing Standards Comments: Please see attached report. Fire Authority Comments: No comments. Regulatory Services Comments: Building Standards has the following comments on this consultation: 1) Please provide location plan indicating site of standalone portacabin 2) Provide area of portacabin 3) Confirm/provide details if the portacabin meets Reg 3 schedule 1 Type 16 Temporary Buildings and Type 19 A single storey building which is detached and less than 30sq metres in area. Community Council Comments: No comments received. Health Board Comments: No comments received. Access Panel: No comments received. Additional Comments: Item 5 Page 25
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Section 50 Certificates: Planning Section 50 Certificate received. Decision: Page 26
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West Dunbartonshire Licensing Board PROVISIONAL PREMISES LICENCE Licensing (Scotland) Act 2005, section 20 APPLICANT INFORMATION Licensing (Scotland) Act 2005, section 20(1) Question 1 Name, address and postcode of premises to be licensed. Chivas Brothers Duty Paid Store Kilmalid Stirling Road Dumbarton G82 2SS Question 2 Particulars of applicant 2(a) Where applicant is an individual, provide full name, date and place of birth, and home address including postcode. Page 27
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2(b) Where applicant is a partnership, please provide full name, and postal address of partnership. 2(c) Where applicant is a company, please provide name, registered office and company registration number. Chivas Brothers Limited 2(d) Where the applicant is a club or other body, please provide full name, and postal address of club or other body. 2(e) Where applicant is a partnership, company, club or other body, please provide the names, dates and places of birth, and home addresses of connected persons.* Please refer to paper apart. * Connected person is defined in section 147(3) of the Licensing (Scotland) Act 2005. Question 3 Previous applications 3 Has the applicant been refused a premises licence under section 23 of the Licensing (Scotland) Act 2005 in respect of the same premises? NO Page 28
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If YES – provide full details Question 4 Previous convictions 4 Has the applicant or any connected person ever been convicted of a relevant or foreign offence (1) YES *If YES – provide full details For the purpose of this Act, a conviction for a relevant offence or foreign offence is to be disregarded if it is spent for the purpose of the Rehabilitation of Offenders Act 1974 Name & position (if applicable) Date of conviction or sentence Court Offence Penalty DESCRIPTION OF PREMISES Licensing (Scotland) Act 2005, section 20(2)(a) Question 5 5 Description of premises (where application is submitted by a members’ club, please also complete question 6) Duty paid store located in standalone portacabin within Kilmalid site. (1) In addition to any convictions held by the applicant at the time of application, applicants should also familiarise themselves with the contents of section 24(1) of the Licensing (Scotland) Act 2005 in respect of any convictions for relevant or foreign offences which they may receive during the period beginning with the making of the premises licence application and ending with determination of the application. Page 29
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Question 6 6 To be completed by members’ clubs only Do the club’s constitution and rules conform to the requirements of regulation 2 of the Licensing (Clubs) (Scotland) Regulations 2007? YES/NO* * Delete as appropriate DECLARATION BY APPLICANT OR AGENT ON BEHALF OF APPLICANT If signing on behalf of the applicant please state in what capacity. The contents of this Application are true to the best of my knowledge and belief. Signature … ……………………………… * (see note below) Date ………5th November 2024………………………………… Capacity ……………………………………. AGENT (delete as appropriate) Telephone number and email address of signatory I have enclosed the relevant documents with this application – please tick the relevant boxes Operating plan x Layout plan x Planning certificate x Building standards certificate Food hygiene certificate Page 30
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* Data Protection Act 1998 The information on this form may be held on an electronic public register which may be available to members of the public on request. Contact Us: West Dunbartonshire Licensing Board Council Offices 16 Church Street Dumbarton G82 1QL Phone: 01389 738741 Email: licensing@west-dunbarton.gov.uk Page 31
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For use by the Licensing Board only Application checklist Date received Fee amount Receipt number Received by (INITIALS) Consideration date Last date for consideration Date of initial hearing Date of any modification hearing Date granted/refused (delete as appropriate) For use by the Licensing Board only If application is for a premises licence Documents required Operating plan Layout plan Planning certificate Building standards certificate Food hygiene certificate For use by the Licensing Board only If application is for a provisional premises licence Documents required Provisional planning certificate Operating plan Layout plan Page 32
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The overall capacity of the premises will not exceed 154 persons Page 39
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BUILDING STANDARDS, 16 Church Street, Dumbarton, G82 1QL Telephone: 0141 951 7934 Email: Lorraine.Charles@west-dunbarton.gov.uk Chivas Brothers Limited Kilmalid Stirling Road Dumbarton G82 2SS Date: 2nd December 2024 Dear Sir/Madam LICENSING CONSULTATION Reference Number: LIC/24/0117 Description: Provisional Premises Licence Location: Kilmalid Stirling Road Dumbarton G82 2SS Building Standards has the following comments on this consultation: 1) Please provide location plan indicating site of standalone portacabin 2) Provide area of portacabin 3) Confirm/provide details if the portacabin meets Reg 3 schedule 1 Type 16 Temporary Buildings and Type 19 A single storey building which is detached and less than 30sq metres in area Yours faithfully Lorraine Charles Building Standards Surveyor Page 41
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12234mm OUTSIDE OF STEELWORK DIMENSIONS 12035mm EXTERNAL WALL CLADDING DIMENSION 11853mm INTERNAL CLADDING DIMENSION 10172mm OUTSIDE OF STEEL DIMENSIONS 10072mm EXTERNAL W ALL CLADDING DIMENSIONS 9894mm INTERNAL W ALL CLADDING DIMENSIONS 3500mm INTERNAL WALL DIMENSIONS 3050mm INTERNAL W ALL DIMENSIONS 1626mm DOUBLE DOOR 926mm DOOR 926mm DOOR 926mm DOOR Office IN OUT 4 5 6 3 2 1 1 2 2.9.11 Fixed obstructions/furnishings Storage areas of buildings with fixed obstructions should provide unobstructed access to an exit. Access to an exit in such buildings may be by way of a gangway. The width of gangways between fixed obstructions (including fixed racking or shelving and high-bay storage) should be at least 530mm. Due to the low occupancy and limited occupation in a building for the bulk storage of spirituous liquor, the width may be reduced to at least 400mm. INTAKEStorage 6740mm INTERNAL W ALL DIMENSIONS 8255mm INTERNAL WALL DIMENSION 3150 S S S FAP 8 10 12 14 7 8 9 10 9 11 13 15 65 4 18 19 3 16 17 7 11 1600 1750 1750 1450 1100 1100 1450 1550 1550 Legend:- 1950x500x2000mm Cabinet 1600x500x2000mm Cabinet 2 KG Co2 Extinguisher 6 ltr SP Ecofoam Extinguisher Above extinguishers to be mounted on double stand with back board, Fire Action Notice Board, Fire Exit Up Sign and Extinguisher ID FAP Fire Alarm Panel 2 KG Co2 Extinguisher S S Smoke Detector with Sounder Smoke Detector 1600mm Cabinet Shelf Number 1 2 3 4 5 6 7 8 9 10 11 Total Total Capacity 3.2m² 3.2m² 3.2m² 3.2m² 3.2m² 3.2m² 3.2m² 3.2m² 3.2m² 3.2m² 3.2m² 35.2m² 1950mm Cabinet Shelf Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Total Total Capacity 3.9m² 3.9m² 3.9m² 3.9m² 3.9m² 3.9m² 3.9m² 3.9m² 3.9m² 3.9m² 3.9m² 3.9m² 3.9m² 3.9m² 3.9m² 3.9m² 3.9m² 3.9m² 3.9m² 74.10m² Total Cabinet Capacity 1600mm Cabinet 35.2m² 1950mm Cabinet 74.1m² Total 109.3m² APPROVAL AM 1:25JUN 24 9077 KILMALID STIRLING ROAD DUMBARTON ? JUN 24 C090 A DEVELOPMENT OF AREA TO SOUTH OF KILMALID BOTTLING COMPLEX NEW STAFF SHOP LAYOUT Project Ref. Drg. No. Rev. Checked DateScale @ A1 Drawn byDate Drawing Title Location Description Client Rev. Status Date CheckedInitials Venlaw Building 349 Bath Street Glasgow G2 4AA Tel : 0141-331-2454 Fax: 0141-332-2873 www.csandp.co.uk C H A R L E S SCOTT &P A R T N E R S CONSULTING ENGINEERS Internal shelving layout overlaidA June 24 BM Page 43
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L E F T O N L Y R I G H T O N L Y G U E S T L E F T 13.1m Water Track High Car Park 21.4m Dalquhurn Point Track 16.1m Track Pond Drain Burn Murroch Path (um) Track Springs Mud 3.5m which Ordinary Spring Tides flow 3.7m Mud Water Springs Mud 23.6m Mean High Water Springs Mean High Water Springs River Leven 22.7m Drain River Leven Sloping masonry Mud Path FB Mud SM Drain Mud Path Mud Mud Mud SM Path (um ) Path El Sub Sta Drain SM Drain Issues Mud Mud Springs SM Drain Mud Mud Path W ater Murroch Burn Statue Balancing Pond Factory Mean High Water Springs M HW S NTL M HW S Mean High Water Springs Mean Low Water Springs Mean Low Water Springs Mean Low Water Springs Mean Low Water Springs Mean Low Water Springs M LW S M LW S M LW S Mean Mean High Highest Point to MLWS MLWS MLWS Mean High Glen Cottage STIRLING ROAD Gas Gov 2 GLEN SHIRA DRIVE GLEN DESSARY LANE 16 5 16 2 GLEN GARRY CLOSE M HW S MHW S MHWS 1 2 GLEN ESK GARDENS 10 2 9 13 18 15 2 3 14 1 FB Path FB 19 33 35 31 25 30 40 GLEN ARTNEY ROAD 10 20 5 7 1 6 20 8 7 1 GLEN LOCHY COURT GLENCALVIE ROAD 9 10 18 26 5 7 13 15 Pump M HW S & M LW S House 12.1m 13.4m 39.3m STIRLING ROAD Cottages Brackenhurst El Sub Sta MLWS M LW S M LW S MLWS MLWS 41.1m El Ps El Ps El Ps El Ps ETL ETL El Ps El Ps ETL ETL Electricity Pole Subway M M M M M M M M M M M M M M M M M E E E E E E E E E Existing Green V Mesh Security Fence Existing Green V Mesh Security Fence E E E E E E E E E E E Pallet Storage Yard Controller Office L E F T O N L Y R I G H T O N L Y G U E S T L E F T L E F T O N L Y R I G H T O N L Y G U E S T L E F T TURNING AREA NO PARKING STOP STOP CCTV Camera CCTV Camera S304 S402 S403 S404 239800E 239800E 239850E 239850E 239900E 239900E 239950E 239950E 240000E 240000E 240050E 240050E 240100E 240100E 240150E 240150E 676800N 676850N 676900N 676950N 677000N 677050N 677100N SC SC SC SC LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP RS RS RS RS RS RS RS RS RS RS RS RS RS RS RS RS EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP P P PP P P P P P PP P P Stay Stay Stay Stay Stay Stay Stay Stay Stay Stay Stay Stay Stay Stay Stay Stay Stay Stay Stay Stay Stay Stay Stay Stay Stay Stay Stay Stay StayStayStay Stay Stay Stay Stay StayStay Stay Culv Bol Bol Bol Bol Bol Bol Bol Bol Bol Bol Bol Bol Bol Bol Bol Bol Bol Bol Bol Bol Bol GV RE RE RE TL TL TL TL TL TL TL TL TL TL TL TL Erod Erod Erod Erod Erod Erod Erod Erod Erod Erod Erod Erod Erod Erod Erod Erod Erod Erod Erod Erod SV SV SV SV SV SVSV SV SV SV SV 2 1 3 4 5 6 Monoblock Monoblock A813 A813 MH CL Not In Use Monoblock MonoblockFHFH Monoblock Monoblock JBox Monoblock Monoblock Monoblock Turnstile Cables Drainage Channel JBox JBox CCTV Mast Speed Bump Speed Bump Speed Bump Drainage Channel Speed Bump MH CL Gravel Gravel Stored Materials/ Equipment Stored Materials/ Equipment Drainage Channel JBox CCTV Mast Lifering CCTV Mast Dense Overgrown Bushes Dense Overgrown Bushes Smoking Area MH CL MH CL BT MH CL CCTV Mast JBox Flags Flags CTV Generator Generator Generator Generator Generator Storage Storage Metal 1.2m with Attached Cables Speed Bump Drainage Channel Crash Barrier Crash Barrier Crash Barrier Ladder Overhead Cable Tray Aggreko Crash Barrier Slabs Crash Barrier Crash Barrier Crash Barrier Overgrown Dense Gorse Concrete Outfall Limited Access <- Murroch Burn <- Murroch Burn <- Murroch Burn <- Murroch Burn Concrete Pipe Ø700mm <-Burn <-Burn <-Burn Dilapidated P/W 1.2m Concrete Slab Stone RetainingWall Stone Retaining Wall Stone Retaining Wall Concrete Structure Monoblock RS No Access Ongoing Construction Works No Access Ongoing Construction Works Footbridge No Safe Access Overgown Vegetation/ Soft Ground No Safe Access Overgown Vegetation/ Soft Ground No Safe Access Overgown Vegetation/ Soft Ground Gravel Gravel Monoblock MH CL DN E E E E E E S h o p Loading / Unloading Bay APPROVAL AM 1:2000JUN 24 9077 KILMALID STIRLING ROAD DUMBARTON ? JUN 24 C092 . DEVELOPMENT OF AREA TO SOUTH OF KILMALID BOTTLING COMPLEX NEW SHOP LAYOUT LOCATION PLAN Project Ref. Drg. No. Rev. Checked DateScale @ A1 Drawn byDate Drawing Title Location Description Client Rev. Status Date CheckedInitials Venlaw Building 349 Bath Street Glasgow G2 4AA Tel : 0141-331-2454 Fax: 0141-332-2873 www.csandp.co.uk C H A R L E S SCOTT &P A R T N E R S CONSULTING ENGINEERS New Shop Location Page 45
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Licensing Standards Officers Report LICENSING (SCOTLAND) ACT 2005 “the 2005 Act” PREMISES LICENCE VARIATION APPLICATION PREMISES: Chivas Brothers, Duty Paid Store, Kilmalid, Stirling Road, Dumbarton G82 2SS. PREMISES LICENCE APPLICANT: Chivas Brothers Limited. This application may be contrary to the Licensing Board’s Statement of Licensing Policy; namely Part 4: - Overprovision. For the Boards information these premises are located within IZ15. Peter Clyde Licensing Standards Officer Date: 19 December 2024 Contact: Peter Clyde, Licensing Standards Officer, Regulatory Services, Council Offices, 16 Church Street, Dumbarton. G81 1TG. E-mail: Peter.Clyde@west-dunbarton.gov.uk Page 47
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WEST DUNBARTONSHIRE LICENSING BOARD Report by the Clerk to the Licensing Board 14 January 2025 Subject: Gambling Act 2005 and Statement of Principles 1. Purpose To finalise the Licensing Board's Statement of Principles and Local Area Profile in relation to its functions under the Gambling Act 2005 (the 2005 Act) ahead of its publication. 2. Recommendations 2.1 It is recommended that Members: (a) note the responses received further to the public consultation; (b) note the updated Statement of Principles and Local Area Profile; and (c) authorise the Clerk to finalise and publish the Statement of Principles and Local Area Profile (subject to any minor amends thought necessary by the Clerk). 3. Background 3.1 In terms of section 349 of the 2005 Act, the Licensing Board is required to publish a Statement of Principles that sets out how it will exercise its functions under the 2005 Act. This Statement of Principles must be reviewed every three years. 3.2 The Licensing Board at its meeting on 7 May 2024 considered a draft updated Statement of Principles and a revised Local Area Profile. Members subsequently authorised the Clerk to engage in a public consultation exercise to gather views on the terms of the terms of the documents. 4. Main Issues 4.1 When reviewing the Statement of Principles the Licensing Board must make sure it promotes licensing objectives of:- • preventing gambling from being a source of crime and disorder, being associated with crime or disorder, or being used to support crime; • ensuring that gambling is conducted in a fair and open way; and • protecting children and other vulnerable persons from being harmed or exploited by gambling. 4.2 The Licensing Board must comply with the 2005 Act and have regard to the Gambling Commission’s Guidance to Licensing Authorities (last updated 11 Item 6 Page 49
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April 2023) and Licence Conditions and Codes of Practice (version effective from 29 November 2024) as well as any responses from those consulted on its Statement of Principles. Further, the format and content of the Statement of Principles is prescribed by the Gambling Act 2005 (Licensing Authority Policy Statement) (Scotland) Regulations 2006. 4.3 Following a public consultation exercise and direct engagement with stakeholders, one response was received from the public and one response from the trade, namely the Betting and Gaming Council. These consultation responses are contained within Appendix 1 and are summarised at Table 1. Officers confirmed with the Licensing Department of Police Scotland and the West Dunbartonshire Health and Social Care Partnership that while no substantive response was submitted, they had no adverse comment in relation to this revised policy. Table 1 Response Submission Comment Member of the public Licensing Board should regulate online gambling The Gambling Commission is responsible for the regulation of online gambling through the grant of operating licences. Betting and Gaming Council Misleading/ambiguous premises signage Further to the licensing objective of ensuring that gambling is conducted in a fair and open way, it is reasonable and proportionate for the Licensing Board to set out its expectations around signage so to make sure that consumers are in no doubt as to the type of gambling establishment they are using. Gambling Act 2005 applications/the imposition of conditions This is not a matter for a policy document. The Licensing Board is aware of its powers on the granting of a premises licence. Advertising and Sponsorship Advertising of gambling on television is not a matter for the Licensing Board. 4.4 It is the view of officers that the low level of engagement with the consultation reflects the relatively small number of gambling premises in West Page 50
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Dunbartonshire as well as the general industry trend away from land-based gambling towards online gambling. 4.5 The Statement of Principles was revised by officers and the amends detailed in the report submitted to the Licensing Board meeting on 7 May 2024. Following the consultation the draft Statement of Principles and Local Area Profile were subject of further revisals. The updated documents are enclosed at Appendix 2 and these most recent revisals are detailed at Table 2. Table 2 Paragraph Amend(s) Reasoning Part A, 5, Consultation on the Statement of Principles Updated to reflect the Licensing Board’s consultation process to date. To demonstrate the steps Licensing Boards have taken in preparing the Statement of Principles. Part A, Various including index and paragraphs 3.2, 11.5 and 11.7 Introducing references to the new Local Area Profile and removing references to information in appendices. Information has been moved from the appendices to the Statement of Principles to the Local Area Profile. Made clear that the Licensing Board expects the applicant to have regard to the Local Area Profile when completing a risk assessment. Part B, 1.11, under heading “Ensuring that gambling is conducted in a fair and open way” Introduced a requirement on licence holders not to advertise their premises in such a way that may be misleading as to the licence type. Having considered the response from the Betting and Gaming Council, it is suggested that this requirement will promote the licensing objective of ensuring that gambling is conducted in a fair and open way. Appendix 3 – Schedule of Responsible Authorities Update to responsible authorities’ details. To make sure that addresses are up to date. Appendix 6 – Schedule of Consultees Deleted. There are no consultees for gambling licence applications. Various Grammatical, typographical and typesetting errors. Improve readability. 4.6 The Gambling Commission’s Guidance to Licensing Authorities describes an “effective local area profile” as one that “take[s] account of a wide range of factors, data and information held by the licensing authority” and accordingly the new Local Area Profile pulls together information that was previously within the body of the Statement of Principles together with data provided by Page 51
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partners. Having regard to paragraph 6.51 of the Gambling Commission’s Guidance to Licensing Authorities, it is proposed that the Local Area Profile will sit outside of the Statement of Principles to allow for ease of update should the need arise. Therefore, the Statement of Principles refers to the Local Area Profile being a separate document and one that it will have regard to when exercising its functions. 5. People Implications 5.1 There are no significant people implications. 6. Financial Implications 6.1 There are no significant financial implications. 7. Risk Analysis 7.1 Failure to have an up-to-date Statement of Principles may increase the likelihood of any challenge to a decision of the Licensing Board in relation to gambling matters being successful. This may result in costs being awarded against the Licensing Board. Further, it may risk criticism from partners in the public health sphere through not making sure that up-to-date policies are in place. 8. Equalities, Health & Human Rights Impact Assessment (EIA) 8.1 EIA 1171: It is not expected that there will be any significant negative impact on any Equality Act group, or other area covered in our assessments. There are likely positive impacts in protecting younger people and vulnerable people in terms of sex, socio-economic impacts and health and well-being. The approach is consistent with the Human Rights Act. The Licensing Board has an obligation in law to regulate gambling premises. It must update its policy that sets out its expectations. This policy seeks to balance the need to uphold the licensing objectives while permitting gambling. 9. Consultation 9.1 The Act sets out the framework for consulting on the reviewed Statement of Principles. The Licensing Board must consult:- • the Chief Constable of Police Scotland; • one or more persons who appear to the authority to represent the interests of persons carrying on gambling businesses in the authority's area; and • 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. 9.2 The Licensing Board has complied with these aforementioned statutory requirements. Page 52
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Alan Douglas Clerk to the Licensing Board 7 January 2025 Person to Contact: Michael McDougall, Manager of Legal Services, West Dunbartonshire Licensing Board, Council Offices, 16 Church Street, Dumbarton, G82 1QL Appendix: 1. Consultation responses 2. Revised Statement of Principles and Local Area Profile 3. EIA 1171 Background Papers: Report to the Licensing Board meeting on 7 May 2024 Gambling Commission’s Guidance to Licensing Authorities (last updated 11 April 2023) Gambling Commission’s Licence Conditions and Codes of Practice (version effective from 29 November 2024) Wards Affected: All Wards. Page 53
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APPENDIX 1 Public response Question Answer Are you responding as:- Member of the public Do you have any comments about this part of the Statement of Principles? Disappointed that the Council cannot deal with online gambling. Can this be changed? Paragraph 11 sets out the Licensing Board’s expectations around Local Risk Assessments. Do you think this information is useful? Agreed -Do you have any comments about part one of the Statement of Principles? No more licences should be granted especially in Clydebank. Gambling is bad for the health of residents in West Dunbartonshire. Do you have any comments on the data the Licensing Board proposes to have regard to as part of the Local Area Profile? Useful to see this information. Hopefully gambling companies will think twice before opening a bookies next to health facilities. Page 55
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WEST DUNBARTONSHIRE LICENSING BOARD STATEMENT OF PRINCIPLES - GAMBLING ACT 2005 SECTION 349 DATE EFFECTIVE FROM: [TO BE UPDATED] Page 57
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2 FOREWORD [TO BE UPDATED] *All references to “date to be confirmed” within this document refers to items that for practical reasons can only be inserted to the final Licensing Board approved version. Page 58
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3 Index - [TO BE UPDATED] Foreword 2 Index 3 Part A - Introduction 1. Legal Background 5 2. The Licensing Objectives 5/6 3. West Dunbartonshire Licensing Board 6 4. Requirement to Publish Statement of Principles 7 5. Consultation on the Statement of Principles 7-9 6. Declaration 9 7. Responsible Authorities 9/10 8. Interested parties 10-11 9. Exchange of information 11/12 10. Compliance and Enforcement 12/13 11. Local Risk Assessments 13-15 12. Licensing Authority Functions 15/16 Part B - Premises licences 1. General Principles 16-22 2. Adult Gaming Centres 22/23 3. (Licensed) Family Entertainment Centres 23/24 4. Casinos 24 5. Bingo premises 24/25 6. Betting premises 25 7. Tracks 25/26 8. Travelling Fairs 26/27 9. Provisional Statements 27 10. Reviews 28 Part C - Permits, Temporary and Occasional Use Notices 1. Unlicensed Family Entertainment Centre Gaming Machine Permits 28/29 2. Alcohol Licensed premises Gaming Machine Permits 30/31 3. Prize Gaming Permits 31 4. Temporary Use Notices 31/32 5. Occasional Use Notices 32 6. Small Society Lotteries 32 Page 59
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4 Appendices Appendix 1 - Map of West Dunbartonshire Council Area. 33 Appendix 2 – Information relevant to local area profile, including Doctor surgeries, Schools, and play parks and other amenities. 34 Appendix 3 - Demographic Profile of West Dunbartonshire - Scottish Index of Multiple Deprivation. 35 Appendix 4 - Gaming Machine Categories and Entitlements. 36 Appendix 5 - Schedule of Responsible Authorities. 37 Appendix 6 - Schedule of Consultees. 38-40 Page 60
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5 PART A INTRODUCTION 1. Legal Background 1.1 The Gambling Act 2005 (“the Act”), which came into full force and effect on 1 September, 2007, created a new system of licensing and regulation for all gambling in Great Britain, other than the National Lottery. Section 349 of the Act required all licensing authorities to publish a Statement of Principles to be applied in exercising their functions under the Act. The Act provided that a Statement of Principles shall apply for a period of three years and may be reviewed and revised during that period if appropriate. As required in terms of Section 349 of the Act, the Board have reviewed and revised its fourth Statement of Principles. The following is the Board’s seventh Statement of Principles which, it proposes to apply in exercising its functions under the Act during the three year period beginning on [TO BE UPDATED]. This Statement of Principles will be kept under review and revised, if appropriate, during the three year period. 2. The Licensing Objectives 2.1 In exercising most of their functions under the Act, licensing authorities must have regard to the licensing objectives as set out in section 1 of the Act. The licensing objectives are:- • Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime. • Ensuring that gambling is conducted in a fair and open way. • Protecting children and other vulnerable persons from being harmed or exploited by gambling. 2.2 It should be noted that the Gambling Commission has stated “The requirement in relation to children is explicitly to protect them from being harmed or exploited by gambling”. Page 61
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6 2.3 This licensing authority is aware that, in terms of Section 153, in making decisions about premises licences and temporary use notices, (TENs) it should aim to permit the use of premises for gambling in so far as it thinks it is:- • in accordance with any relevant code of practice issued by the Gambling Commission; • in accordance with any relevant guidance issued by the Gambling Commission; • reasonably consistent with the licensing objectives; and • in accordance with this Statement of Principles. 3. West Dunbartonshire Licensing Board 3.1 The Licensing Board is the licensing authority for the West Dunbartonshire Council area for the purposes of the Gambling Act 2005 and any subsequent regulations and guidance. Located in the west of Scotland and stretching from the outskirts of Glasgow to the banks of Loch Lomond, West Dunbartonshire is the fourth smallest Scottish local authority in terms of land coverage (159 square kilometres). It has a population of just over 88,270 concentrated in the three main settlements of Clydebank, Dumbarton and Alexandria. A map of the Council area is provided in Appendix 1 to this Statement of Principles. 3.2 Information related to the location of schools in West Dunbartonshire is provided at Appendix 2. This link details the number and location of educational establishments in West Dunbartonshire. Also in Appendix 2 is a link that details the location of addiction services within West Dunbartonshire and regulated premises where children and young persons may frequent .There are also details of the locations of Doctor Surgeries, Community Centres and Colleges. This information is provided to give further information as to the local area profile of West Dunbartonshire in terms of addiction services, places where vulnerable persons may frequent, educational establishments and regulated premises that children and young persons frequent. 4. Requirement to Publish Statement of Principles 4.1 Licensing authorities are required by the Act to publish a statement of the principles which they propose to apply when exercising their functions. This statement must be published at least every three years. The statement must also be reviewed from “time to time” with further consultation taking place on proposed amendments. The statement must then be re-published. Page 62
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7 4.2 Nothing in the Statement will override the right of any person to make an application under the Act, or to have the application considered on its individual merits, or undermine the right of any person to make representations on an application, or to seek a review of a license where there is a legal power to do so. 4.3 In making decisions under the Act, the Board will have regard to this Statement of Principles but every application will be considered on its own merits. This statement is intended to be a general Statement of Principles and is not to be regarded as a comprehensive guide to the application of the Act by the Board. Applicants and others should always have regard not only to this Statement of Principles but also to the Act, any regulations made under the Act and any Guidance or Codes of Practice issued by the Gambling Commission. Guidance and Codes of Practice issued by the Gambling Commission may be accessed on the Commission’s web site (www.gamblingcommission.gov.uk). 5. Consultation on the Statement of Principles 5.1 At its meeting on 7 May 2024, the Licensing Board considered a report that set out a number of minor and technical changes to its existing Statement of Principles as well as a new Local Area Profile. Having considered the report and associated documents, the Licensing Board instructed its Clerk to publicly consult on the revised Statement of Principles and Local Area Profile and to engage with key stakeholders. 5.2 The public consultation was live between 21 August and 25 September 2024. One response from a member of the public was received. Stakeholders – including Police Scotland, West Dunbartonshire Health and Social Care Partnership, and premises licence holders were notified of the consultation. One response was received from the Betting and Gaming Council. These responses were analysed by Council Officers and a report was considered at the Licensing Board meeting on 14 January 2025. 5.2 [To be updated further to Licensing Board meeting.] 6. Declaration 6.1 In producing the final statement, this licensing authority declares that it has had regard to the licensing objectives of the Act as set out at 2.1 above, the guidance issued by the Gambling Commission, and any responses from those consulted on the statement. 7. Responsible Authorities 7.1 The Licensing Board is required by regulations to state the principles it will apply in exercising its powers under Section 157(h) of the Act to designate, in writing, a body which is competent to advise the authority about the protection of children from harm. Page 63
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8 The principles are: • the need for the body to be responsible for an area covering the whole of the licensing authority’s area; and • the need for the body to be answerable to democratically elected persons, rather than any particular vested interest group. 7.2 In accordance with the suggestion in the Gambling Commission’s Guidance for local authorities, this Licensing Board designates the West Dunbartonshire Child Protection Committee for this purpose. 7.3 The responsible authorities under the Gambling Act 2005 are:- • the Council; • the Gambling Commission; • the Chief Constable, Police Scotland; • the Chief Fire Officer, Scottish Fire and Rescue Service; • West Dunbartonshire Council, Regulatory Services: Environmental Health Service; • West Dunbartonshire Council, Regulatory Services: Planning & Building Services Section; • West Dunbartonshire Community Planning Partnership; • HM Revenues and Customs; and • Any other person prescribed in regulations by the Secretary of State or Scottish Ministers. The contact addresses for these authorities are provided in Appendix 3. 8. Interested Parties 8.1 Interested parties can make representations about licence applications, or apply for a review of an existing licence. These parties are defined in Section 158 of the Act as follows: “For the purposes of this Part a person is an interested party in relation to an application for, or in respect of a premises licence if, in the opinion of the licensing authority which Page 64
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9 issues the licence, or to which the application is made, the person:- a) lives sufficiently close to the premises to be likely to be affected by the authorised activities; b) has business interests that might be affected by the authorised activities; or c) represents persons who satisfy paragraph (a) or (b)”. 8.2 The licensing authority is required by regulations to state the principles it will apply in exercising its powers under the Gambling Act 2005 to determine whether a person is an interested party. The principles are set out at paragraphs 8.3 to 8.7. The Licensing Board will decide each case on its merits and will not apply a rigid rule to its decision making. Further, it will consider the examples of considerations provided in the Gambling Commission’s “Guidance for Licensing Authorities.” 8.3 In determining whether a person is a “person living close to the premises”, the Board may take into account the following factors; size of the applicant premises, the nature of the premises, the distance of the premises from the location of the party making the representation, the topography and routes likely to be taken; the potential impact of the premises; and the circumstances of the person. 8.4 The Board will also consider the Gambling Commission's Guidance (at point 8.14 and 8.15) that in respect of whether the person "has business interests" should be satisfied that the relevant business is likely to be affected. In determining whether a party is a person with business interests that could be affected, factors that may be taken into account include: • the size of the premises; • the catchment area of the premises, that is, how far people travel to visit the premises; and • whether the person making the representations has business interests in that catchment area that might be affected. 8.5 The Gambling Commission has recommended that the Licensing Board states that interested parties include people representing those interested parties such as trade associations and trade unions, and residents’ and tenants’ associations (Gambling Commission Guidance for licensing authorities paragraph 8.16 and 8.17). This Licensing Board will not however generally view these bodies as interested parties unless they have a member who can be classed as an interested person under the terms of the Gambling Act 2005, i.e. lives sufficiently close to the premises to be likely to be affected by the activities being applied for. 8.6 Interested parties can be persons who are democratically elected such as Councilors, MPs and MSPs. No specific evidence of being asked to represent an interested person will be required as long as the Councillor/MP/MSP represents the ward/constituency Page 65
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10 likely to be affected. Likewise, Community Councils likely to be affected will be considered to be interested parties. In addition, a community group might represent vulnerable people living near to the proposed premises. 8.7 Other than these however, this Board will generally require written evidence that a person/body (e.g. an advocate/relative) ‘represents’ someone who either lives sufficiently close to the premises to be likely to be affected by the authorised activities and/or has business interests that might be affected by the authorised activities. A letter from one of these persons, requesting the representation is sufficient. If individuals wish to approach Councilors to ask them to represent their views then care should be taken that the Councilors are not part of the Licensing Board dealing with the licence application. If there are any doubts then please contact the Licensing Section by telephone: 01389 738741 or e-mail: licensing@west-dunbarton.gov.uk 9. Exchange of Information 9.1 Licensing authorities are required to include in their statements the principles to be applied by the authority in exercising the functions under Sections 29 and 30 of the Act with respect to the exchange of information between it and the Gambling Commission, and the functions under Section 350 of the Act with respect to the exchange of information between it and the other persons listed in the in Schedule 6 to the Act. The terms of Part 13 of the Guidance to Local Authorities outline the underlying principles and information exchange between the Commission and licensing authorities. 9.2 The principle that this licensing authority applies is that it will act in accordance with the provisions of the Gambling Act 2005 in its exchange of information, which includes the provision that the Data Protection Act 2018 and the data protection legislation referred to therein will not be contravened. The Licensing Board will also act in accordance with the terms of the Freedom of Information (Scotland) Act 2002. The licensing authority will also have regard to any Guidance issued by the Gambling Commission to licensing authorities on this matter when it is published, as well as any relevant regulations issued by the Secretary of State or Scottish Ministers under the powers provided in the Gambling Act 2005. 9.3 Should any protocols be established as regards information exchange with other bodies then they will be made available. 10. Compliance and Enforcement 10.1 In exercising its functions under Part 15 of the Act with respect to the inspection of premises this authority will be guided by the Gambling Commission’s Guidance and will endeavor to be in terms of the principles of good regulation in the Legislative and Regulatory Reform Act 2006: • proportionate: regulators should only intervene when necessary: remedies Page 66
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11 should be appropriate to the risk posed, and costs identified and minimised; • accountable: regulators must be able to justify decisions, and be subject to public scrutiny; • consistent: rules and standards must be joined up and implemented fairly and equally to all parties; • transparent: regulators should be open, and keep regulations simple and user friendly; and • targeted: regulation should be focused on the problem, and minimise side effects. 10.2 In terms of the Gambling Commission’s Guidance for local authorities, this licensing authority will seek to avoid duplication with other regulatory regimes so far as possible. 10.3 This licensing authority will also, as recommended by the Gambling Commission’s Guidance for licensing authorities, adopt a risk-based inspection programme when assessing risk. Consideration will be given to:- • the nature of the gambling activities carried out on the premises; • the location of the premises in relation to schools; and • the procedures put in place by the management of individual premises to meet the licensing objectives. 10.4 The main enforcement and compliance role for this licensing authority in terms of the Gambling Act 2005 will be to ensure compliance with the premises licences and other permissions which it has authorised. The Gambling Commission will be the enforcement body for the operating and personal licences. The Board, to monitor compliance with its functions under the Act, will work actively with the Gambling Commission’s Compliance Officer and other partner agencies to enforce the licensing legislation. It is also worth noting that concerns about manufacture, supply or repair of gaming machines, will not be dealt with by the licensing authority but will be notified to the Gambling Commission. 10.5 While the Licensing Board has set out its approach to enforcement and compliance, it should be noted that statutory clarification is required in relation to the enforcement and compliance functions in terms of Section 304 of the Act. This clarification is required so that Council Officers can be authorised to carry out enforcement and compliance activities in terms of the Act. 10.6 Bearing in mind the principle of transparency, this licensing authority’s enforcement/compliance protocols/written agreements will be available upon Page 67
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12 request to the Licensing Section , West Dunbartonshire Council Offices, Council Offices, Municipal Buildings, Dumbarton G82 1NR:- e-mail licensing@west- dunbarton.gov.uk. Our risk methodology will also be available upon request. 10.7 The authority recognises that certain bookmakers have a number of premises within its area. In order to ensure that any compliance issues are recognised and resolved at the earliest stage, operators are requested to provide the authority with the contact details for a senior individual within the organisation, whom the authority will contact first should any compliance queries or issues arise. 11. Local Risk Assessments 11.1 The Gambling Commission Licence Conditions and Codes of Practice formalise the need for operators to assess the local risks to the licensing objectives posed by the provision of gambling facilities at each of their premises, and to have policies, procedures and control measures in place to mitigate those risks. Local risk assessments apply to all non-remote casinos, adult gaming centres, bingo, family entertainment centre, betting intermediary (trading room only) licences, except non- remote general betting (limited) and betting intermediary licences. The Gambling Commission Guidance to Licensing Authorities at part 6, Local Area Profile further details the requirements. 11.2 .When licence holders are undertaking their risk assessments, they must take into account relevant matters identified in this Statement of Principles. It is expected that Premises Managers will be conversant in their individual risk assessment. The effectiveness of the policy should also be reviewed and monitored. 11.3 Licensees are required to undertake a local risk assessment when applying for a new premises licence. Their local risk assessment must also be updated and reviewed: • when applying for a variation of a premises licence; • to take account of significant changes in local circumstances, including those identified in a licensing authority’s statement of licensing policy; and • when there are significant changes at a licensee’s premises that may affect their mitigation of local risks. 11.4 The Social Responsibility Provision is supplemented by an Ordinary Code provision that requires licensees to share their risk assessment with licensing authorities when applying for a new licence or to vary a licence, or on request. Ordinary Codes are not a mandatory requirement but are expected to be followed unless alternative arrangements that can be put in place that are equally effective. 11.5 The West Dunbartonshire Licensing Board expects that all local risk assessments will take into account the statutory licensing objectives and in particular the licensing objective of protecting children and other vulnerable persons from being harmed or exploited by gambling. Where appropriate the Licensing Board expects that local risk Page 68
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13 assessments take into account the Local Area Profile and in particular, the vicinity of licensed premises where children or vulnerable groups may be present such as schools, colleges, gambling or addiction support, treatment centres, doctor surgeries or community centres. Links listed at appendix 2 are provided to assist licence holders and applicants and those seeking to make representations to the Licensing Board. These assist in giving the location of such places. It is expected that operators take close cognisance of where prospective premises may be situated in the vicinity and at times where such persons may be there and take appropriate steps to mitigate risks in such areas in terms of the licensing objectives. This would in particular, but not exhaustively, include steps such as ensuring that advertising is appropriately monitored. It is expected that local risk assessments should show information held by the licensee regarding self-exclusions from premises and how persons with gambling dependencies are protected within premises. It is the case however, that the Board will consider all representations in terms of the Gambling Commission Guidance to Licensing Authorities and whether the locations of such premises are higher risk and whether additional controls are required. Applicants should be prepared to demonstrate to the Board how they will address any properly identified concerns or mitigate the risks. 11.6 Self-Exclusion Schemes – The Licensing Board welcomes the new requirement for all non-remote casino, bingo and betting licences (except in respect of the provision of facilities for betting in reliance on a track premises licence) and holders of gaming machine general operating licences for adult gaming centres. 11.7 The Local Area Profile contains: o a map showing details of the Scottish Index of Multiple Deprivation for West Dunbartonshire. These may be factors that operators consider with regard to the Licensing Objectives, problem gamblers, vulnerable adults and the links in studies identified; and o details of current Gambling Premises so that operators can assess the range of gambling facilities in proximity to the Licensed Premises in terms of any risk assessment. 12. Licensing Authority Functions 12.1 Licensing Authorities are required under the Act to: • be responsible for the licensing of premises where gambling activities are to take place by issuing Premises Licences; • issue Provisional Statements; • receive occasional use notices; • issue permits as required by the Act; • registrations as required by the Act; • provide information to the Gambling Commission regarding details of licences Page 69
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14 issued (see section above on ‘Exchange of Information’); and • maintain registers of the permits and licences that are issued under these functions. 12.2 This Statement of Principles relates to all those licensable premises, notices, permits and registrations identified as falling within the provisions of the Act, namely: • casinos; • bingo premises; • betting premises; • tracks; • adult gaming centres; • licensed family entertainment centres; • unlicensed family entertainment centres; • club gaming permits; prize gaming and prize gaming permits; • occasional use notices; • temporary use notices; and • registration of small society lotteries (below prescribed thresholds). 12.3 It should be noted that licensing authorities are not be involved in licensing remote gambling. This will be regulated by the Gambling Commission via operating licences. Page 70
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15 PART B PREMISES LICENCES 1. General Principles 1.1 Premises licences will be subject to the requirements set out in the Gambling Act 2005 and regulations, as well as specific mandatory and default conditions which will be detailed in regulations issued by the Secretary of State. Licensing authorities are able to exclude default conditions and also attach others where it is believed to be appropriate. Additional conditions will only be imposed where there is evidence of a risk to the Licensing Objectives that requires that the mandatory and default conditions be supplemented. 1.2 This licensing authority is aware that in making decisions about premises licences, it should aim to permit the use of premises for gambling in so far as it thinks it is:- • in accordance with any relevant code of practice issued by the Gambling Commission; • in accordance with any relevant guidance issued by the Gambling Commission; • reasonably consistent with the licensing objectives; and • in accordance with the authority’s statement of licensing principles. 1.3 It is appreciated that in terms of the Gambling Commission's Guidance for local authorities "moral objections to gambling are not a valid reason to reject applications for premises licences" (except as regards any 'no casino resolution' - see section on Casinos below at 4.1). In considering an application for a premises licence no regard will be given to the expected demand for the facilities proposed to be provided in the premises for which a premises licence is sought. 1.4 Definition of “premises” - Premises is defined in the Act as including “any place”. Section 152 of the Act prevents more than one premises licence applying to any place. Different premises licences cannot apply in respect of a single premise at different times. However, it is possible for a single building to be subject to more than one premises licence, provided they are for different parts of the building and the different parts of the building can be genuinely regarded as being different premises. This approach has been taken to allow large, multiple unit premises such as a pleasure Page 71
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16 park, a pier, track or a shopping mall to obtain discrete premises licences, where appropriate safe guards are in place. Whether different parts of a building can properly be regarded as being separate premises will always be a question of fact in the circumstances. It is highlighted to Board’s that they should pay particular attention if there are any issues about sub-divisions of a single building or plot and should ensure that mandatory conditions relating to access between the premises are observed. Factors which will assist the licensing authority in making their decision may include:- a) is a separate registration for business rates in place for the premises? b) is the premises’ neighbouring premises owned by the same person or someone else? c) can each of the premises be accessed from the street or a public passageway? d) can the premises only be accessed from another gambling premise? 1.5 The Gambling Commission states in its Guidance to Licensing Authorities that: “In most cases the expectation is that a single building/plot will be the subject of an application for a licence, for example, 32 High Street. But, that does not mean 32 High Street cannot be the subject of separate premises licences for the basement and ground floor, if they are configured acceptably. Whether different parts of a building can properly be regarded as being separate premises will depend on the circumstances. The location of the premises will clearly be an important consideration and the suitability of the division is likely to be a matter for discussion between the operator and the licensing officer. However, the Commission does not consider that areas of a building that are artificially or temporarily separated, for example by ropes or moveable partitions, can properly be regarded as different premises.” 1.6 This licensing authority takes particular note of the Gambling Commission’s Guidance for licensing authorities which states that:- “Licensing authorities should take particular care in considering applications for multiple premises licences for a building and those relating to a discrete part of a building used for other (non-gambling) purposes. In particular, they should be aware of the following:- • The third licensing objective seeks to protect children from being harmed by gambling. In practice that means not only preventing them from taking part in gambling, but also preventing them from being in close proximity to gambling. Therefore premises should be configured so that children are not invited to participate in, have accidental access to, or closely observe gambling where they Page 72
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17 are prohibited from participating. • Entrances to and exits from parts of a building covered by one or more premises licences should be separate and identifiable so that the separation of different premises is not compromised and people do not ‘drift’ into a gambling area. In this context it should normally be possible to access the premises without going through another licensed premises or premises with a permit. • Customers should be able to participate in the activity named on the premises licence.” 1.7 In respect of whether Premises are “ready for gambling” - The Guidance states (in particular at parts 7.58 to 7.65) that a licence to use premises for gambling should only be issued in relation to premises that the licensing authority can be satisfied are going to be ready to be used for gambling in the reasonably near future, consistent with the scale of building or alteration required before the premises are brought into use. If the construction of a premises is not yet complete, or if they need alteration, or if the applicant does not yet have a right to occupy them, then an application for a provisional statement should be made instead. In deciding whether a premises licence can be granted where there are outstanding construction or alteration works at a premises, this authority will determine applications on their merits, applying a two stage consideration process:- • first, whether the premises ought to be permitted to be used for gambling. • second, whether appropriate conditions can be put in place to cater for the situation that the premises are not yet in the state in which they ought to be before gambling takes place. Applicants should note that this authority is entitled to decide that it is appropriate to grant a licence subject to conditions, but it is not obliged to grant such a licence. Further detail can be found in Chapter 7 of the Gambling Commission’s Guidance. 1.8 Location - This Licensing Board is aware that demand issues cannot be considered with regard to the location of premises but that considerations in terms of the licensing objectives can. In accordance with the Gambling Commission’s Guidance for licensing authorities, this authority will pay particular attention to the protection of children and vulnerable persons from being harmed or exploited by gambling, as well as issues of crime and disorder. Should any specific policy be decided upon as regards areas where gambling premises should not be located, this statement will be updated. In this regard, it may well be the case that the Licensing Board would take the view that it would be undesirable to allow Adult Gaming Centres or Family Entertainment Centres to be located in close proximity to schools. It should be noted that any such policy does not preclude any application being made and each application will be decided on its merits, with the onus upon the applicant showing how potential concerns can be overcome. Page 73
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18 1.9 Duplication with other regulatory regimes - This licensing authority will seek to avoid any duplication with other statutory/regulatory systems where possible, including planning. When considering a licence application, this authority will not consider whether the premises are likely to be awarded planning permission or building regulations approval. It will though, listen to and consider carefully, any concerns about conditions which are not able to be met by licensees due to planning restrictions should such a situation arise. 1.10 When dealing with a Premises Licence application for finished buildings, this Licensing Authority cannot take into account whether those buildings have to comply with the necessary planning or building consents. Fire or health and safety risks cannot be taken into account, as these matters are dealt with under relevant planning and building controls, and other regulations and must not form part of the consideration for the Premises Licence. 1.11 Licensing objectives - Premises licences granted must be reasonably consistent with the licensing objectives. With regard to these objectives, this licensing authority has considered the Gambling Commission’s Guidance to Licensing Authorities and notes as follows: Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime - This licensing authority is aware that the Gambling Commission will be taking a leading role in preventing gambling from being a source of crime. The Gambling Commission's Guidance does however envisage that licensing authorities should pay attention to the proposed location of gambling premises in terms of this licensing objective. Thus, where an area has known high levels of organised crime this authority will consider carefully whether gambling premises are suitable to be located there and whether conditions may be suitable such as the provision of door supervisors. The Licensing Board will, in relation to this licensing objective give due weight and consideration to any representation from Police Scotland (or any other relevant authorities) when making a decision in this regard. This licensing authority is aware of the distinction between disorder and nuisance and will consider factors such as whether police assistance was required and how threatening the behavior was to those who could see it, so as to make that distinction. The Board will consider measures in place by the operator such as CCTV, age verification checks and standard of staff training. Issues of nuisance generally cannot be addressed via the Gambling Act provision. and it is noted that to date there are very few reported matters from Police Scotland of crime, nuisance and disorder within West Dunbartonshire’s Licensed premises (TBC). In accordance with the Gambling Act 2005, In making decisions about premises licences, the Board will aim to permit the use of premises for gambling insofar as it is:- Page 74
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19 • in accordance with any relevant code of practice issued by the Gambling Commission • in accordance with any relevant guidance issued by the Gambling Commission; • reasonably consistent with the licensing objectives; and • in accordance with this Statement of Licensing Principles. Ensuring that gambling is conducted in a fair and open way - This Licensing Board has noted that the Gambling Commission has stated that it would generally not expect licensing authorities to become concerned with ensuring that gambling is conducted in a fair and open way as this will be addressed via operating and personal licences. There is, however, more of a role with regard to tracks, which is explained in more detail in the 'Tracks' section (below - part 7). The Licensing Board is of the view that it is important that consumers are clear on the type of gambling premises that they are entering and gambling within. The Licensing Board is aware that the facilities provided within premises will depend on the type of licence granted, for example, the type and extent of gaming machines differs between an Adult Gaming Centre and a Bingo premises licence. Therefore, the Licensing Board expects the signage and frontage of gambling premises to reflect the licence type in force at the premises. Protecting children and other vulnerable persons from being harmed or exploited by gambling - This licensing authority has noted the Gambling Commission's Guidance for local authorities states that this objective means preventing children from taking part in gambling (as well as restriction of advertising so that gambling products are not aimed at or are, particularly attractive to children). The licensing authority will therefore consider, as suggested in the Gambling Commission's Guidance, whether specific measures are required at particular premises, with regard to this licensing objective. Appropriate measures may include supervision of entrances/machines, segregation of areas, etc. This licensing authority will also make itself aware of the Codes of Practice which the Gambling Commission issues as regards this licensing objective, in relation to specific premises such as casinos. As regards the term vulnerable persons it is noted that the Gambling Commission is not seeking to offer a definition but states that “it will for regulatory purposes assume that this group includes people who gamble more than they want to; people who are gambling beyond their means; and people who may not be able to make informed or balanced decisions about gambling due to a mental impairment, alcohol or drugs.” This licensing authority will consider this licensing objective on a case by case basis. Page 75
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20 1.12 Conditions - Any conditions attached to licences will be proportionate and will be: • relevant to the need to make the proposed building suitable as a gambling facility; • directly related to the premises and the type of licence applied for; • fairly and reasonably related to the scale and type of premises; and • reasonable in all other respects. Decisions upon individual conditions will be made on a case by case basis, although there will be a number of measures this licensing authority will consider utilising should there be a perceived need, such as the use of door supervisors, appropriate signage for adult only areas etc. There are specific comments made in this regard under some of the licence types below. This licensing authority will also expect the licence applicant to offer his/her own suggestions as to ways in which the licensing objectives can be met effectively. This licensing authority will also consider specific measures which may be required for buildings which are subject to multiple premises licences. Such measures may include the supervision of entrances; segregation of gambling from non-gambling areas frequented by children; and the supervision of gaming machines in non-adult gambling specific premises in order to pursue the licensing objectives. These matters will be in accordance with the Gambling Commission's Guidance to Licensing Authorities. This authority will also ensure that where category C or above machines (which may only be used by persons over the age of 18) are on offer in premises to which children are admitted: • all such machines are located in an area of the premises which is separated from the remainder of the premises by a physical barrier which is effective to prevent access other than through a designated entrance; • only adults are admitted to the area where these machines are located; • access to the area where the machines are located is supervised; • the area where these machines are located is arranged so that it can be observed by the staff or the licence holder; and • at the entrance to and inside any such areas there are prominently displayed notices indicating that access to the area is prohibited to persons under 18. These considerations will apply to premises including buildings where multiple premises licences are applicable. This licensing authority is aware that tracks may be subject to one or more than one Page 76
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21 premises licence, provided each licence relates to a specified area of the track. As per the Gambling Commission's Guidance, this licensing authority will consider the impact upon the third licensing objective and the need to ensure that entrances to each type of premises are distinct and that children are excluded from gambling areas where they are not permitted to enter. It is noted that there are conditions which the licensing authority cannot attach to premises licences which are: • any condition on the premises licence which makes it impossible to comply with an operating licence condition; • conditions relating to gaming machine categories, numbers, or method of operation; • conditions which provide that membership of a club or body be required (the Gambling Act 2005 specifically removes the membership requirement for casinos and bingo clubs and this provision prevents it being re- instated); and • conditions in relation to stakes, fees, winning or prizes. 1.13 Door Supervisors - The Board, whilst not specifying the need for door supervisors, would encourage operators to risk assess whether or not they may require this to uphold the licensing objectives. 2. Adult Gaming Centres 2.1 This licensing authority will specifically have regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the authority that there will be sufficient measures to, for example, ensure that under 18 year olds do not have access to the premises. 2.2 This licensing authority will expect applicants to offer their own measures to meet the licensing objectives, however, appropriate measures/licence conditions may cover issues such as: • Proof of age schemes. • CCTV. • Supervision of entrances/machine areas. • Physical separation of areas. • Location of entry. • Notices/signage. Page 77
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22 • Specific opening hours. • Provision of information leaflets/helpline numbers for organisations such as GamCare. This list is not mandatory, nor exhaustive, and is merely indicative of example measures. Operators are encouraged to fully consider this licensing objective closely. 3. (Licensed) Family Entertainment Centres: 3.1 This licensing authority will specifically have regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the authority, for example, that there will be sufficient measures to ensure that under 18 year olds do not have access to the adult only gaming machine areas. 3.2 This licensing authority will expect applicants to offer their own measures to meet the licensing objectives, however, appropriate measures/licence conditions may cover issues such as: • Proof of age schemes • CCTV • Supervision of entrances/machine areas • Physical separation of areas • Location of entry • Notices/signage • Specific opening hours • Provision of information leaflets/helpline numbers for organisations such as GamCare; and • Measures/training for staff on how to deal with suspected truant school children on the premises. This list is not mandatory, nor exhaustive, and is merely indicative of example measures. 3.3 This licensing authority will, in terms of the Gambling Commission’s guidance, refer to the Commission’s website to see any conditions that apply to operating licences Page 78
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23 covering the way in which the area containing the category C machines should be delineated. This licensing authority will also make itself aware of any mandatory or default conditions on these premises licences, when they have been published. 4. Casinos 4.1 No Casinos resolution - This licensing authority has not passed a ‘no casino’ resolution under Section 166 of the Gambling Act 2005, but is aware that it has the power to do so. 5. Bingo premises 5.1 This licensing authority notes that the Gambling Commission’s Guidance at Part 18 with regard to “Bingo” in particular states:- “Under the Act, children and young persons (anyone up to the age of 18) cannot be employed in providing any facilities for gambling on bingo premises, and children (under 16) cannot be employed, in any capacity, at a time when facilities for playing bingo are being offered. However, young persons, aged 16 and 17, may be employed in bingo premises (while bingo is being played), provided the activities on which they are employed are not connected with the gaming or gaming machines. Children and young people are allowed into bingo premises; however they are not permitted to participate in the bingo and if category B or C machines are made available for use these must be separated from areas where children and young people are allowed. Social Responsibility (SR) code 3.2.5(3) states that ‘licensees must ensure that their policies and procedures take account of the structure and layout of their gambling premises’ in order to prevent underage gambling.” 5.2 Part 18 of the Gambling Commission’s Guidance to Licensing Authorities sets out the mandatory conditions attached to different types of bingo premises, and regard will be given any further guidance from the Gambling Commission and the LCCP sets out in full the requirements on operators. 6. Betting premises 6.1 Betting machines - This licensing authority will, in terms of the Gambling Commission's Guidance at Part 19, take into account the size of the premises, the number of counter positions available for person-to-person transactions, and the ability of staff to monitor the use of the machines by children and young persons (it is an offence for those under 18 to bet) or by vulnerable people, when considering the number/nature/circumstances of betting (see 7.4 below for gaming machines) machines an operator wants to offer. 6.2 Section 181 of the Act contains an express power for licensing authorities to restrict the Page 79
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24 number of self-serving betting machines (SSBT’s), their nature and the circumstances in which they are made available by attaching a licence condition to a betting premises licence (or to a casino betting licence where betting is permitted in the casino). 6.3 Section 235(2) (c) provides that a machine is not a gaming machine if it is designed or adapted for use to bet on future real events. Some betting premises may make available machines that accept bets on live events, such as horse racing, as a substitute for placing a bet over the counter. These SSBTs are not gaming machines and therefore neither count towards the maximum permitted number of gaming machines, nor have to comply with any stake or prize limits. SSBTs merely automate the process that can be conducted in person and the Act exempts them from regulation as a gaming machine. 6.4 However, where a machine is made available to take bets on virtual races (that is, results and/or images generated by computer to resemble races or other events) that machine is a gaming machine and counts towards the maximum permitted number of gaming machines, and must meet the relevant category limitations for the premises. 6.5 Guidance for licence holders on this matter can be found here Gambling Commission Guidance on Section 235. 7. Tracks 7.1 This licensing authority is aware that tracks (Part 20 of the Guidance) may be subject to one or more than one premises licence, provided each licence relates to a specified area of the track. In terms of the Gambling Commission's Guidance, this licensing authority will give special consideration to the impact upon the third licensing objective (i.e. the protection of children and vulnerable persons from being harmed or exploited by gambling) and the need to ensure that entrances to each type of premises are distinct and that children are excluded from gambling areas where they are not permitted to enter. 7.2 This authority will therefore expect the premises licence applicant to demonstrate suitable measures to ensure that children do not have access to adult only gaming facilities. It is noted that children and young persons will be permitted to enter track areas where facilities for betting are provided on days when dog-racing and/or horse racing takes place, but that they are still prevented from entering areas where gaming machines (other than category D machines) are provided. 7.3 This licensing authority will expect applicants to offer their own measures to meet the licensing objectives however appropriate measures/licence conditions may cover issues such as:- • proof of age schemes; • CCTV; Page 80
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25 • supervision of entrances/machine areas; • physical separation of areas; • location of entry; • notices/signage; • specific opening hours; • self-baring schemes; and • provision of information leaflets/helpline numbers for organisations such as GamCare. This list is not mandatory, nor exhaustive, and is merely indicative of example measures. 7.4 Gaming machines - The Gambling Commission guidance with regard to Gaming Machine Permits is to be found at 20.33 to 20.38. There is distinction between betting (as above at 6.1 and 6.2) and gaming machines. The holder of a betting premises licence may make up to 4 gaming machines of categories B, C or D available for use. 7.5 Self Service Betting machines - This licensing authority will, consider the terms of Gambling Commission's Guidance at 20.39 to 20.42. In particular at point 20.40 the supervision of such terminals to prevent them being used by those under 18 years of age. 7.6 Condition on rules being displayed - The Gambling Commission has advised in its Guidance for licensing authorities that “…licensing authorities should attach a condition to track premises licences requiring the track operator to ensure that the rules are prominently displayed in or near the betting areas, or that other measures are taken to ensure that they are made available to the public. For example, the rules could be printed in the race-card or made available in leaflet form from the track office.” 8. Travelling Fairs 8.1 Where category D machines and/or equal chance prize gaming without a permit is to be made available for use at travelling fairs, it will be a matter for this licensing authority to decide whether the statutory requirement, that the facilities for gambling amount to no more than an ancillary amusement at the fair, is met. Category D machines stake values are as per Appendix 2. 8.2 The licensing authority will also consider whether the applicant falls within the statutory definition of a travelling fair. Page 81
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26 8.3 It has been noted that the 27 day statutory maximum period for the land being used as a fair, is per calendar year, and that it applies to the piece of land on which the fairs are held, regardless of whether it is the same or different travelling fairs occupying the land. This licensing authority will work with its neighbouring authorities to ensure that land which crosses our boundaries is monitored so that the statutory limits are not exceeded. 9. Provisional Statements 9.1 Section 204 of the Act provides for a person to make an application to the licensing authority for a provisional statement in respect of premises that he or she:- • expects to be constructed • expects to be altered • expects to acquire a right to occupy 9.2 In terms of representations about premises licence applications, following the grant of a provisional statement, no further representations from relevant authorities or interested parties can be taken into account unless they concern matters which could not have been addressed at the provisional statement stage, or they reflect a change in the applicant’s circumstances. 9.3 The Licensing Board may refuse the premises licence (or grant it on terms different to those attached to the provisional statement) only by reference to matters:- (a) which could not have been raised by objectors at the provisional licence stage; or (b) which in the authority’s opinion reflect a change in the operator’s circumstances. 9.4 The Licensing Board has noted the Gambling Commission’s Guidance that licensing authorities should not take into account irrelevant matters such as the likelihood of the applicant obtaining planning permission or building standards approval for the proposal. 10. Reviews 10.1 Requests for a review of a premises licence can be made by interested parties or responsible authorities. It is for the Board to decide whether the review is to be carried out. This will be on the basis of whether the request for the review is relevant to the matters listed below, as well as consideration as to whether the request is frivolous, vexatious, will certainly not cause the authority to alter/revoke/suspend the licence or whether it is substantially the same as previous representations relating to the same premises or requests for review. Page 82
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27 Requests for reviews should be:- • in accordance with any relevant code of practice issued by the Gambling Commission; • in accordance with any relevant guidance issued by the Gambling Commission; • reasonably consistent with the licensing objectives; and • in accordance with the authority’s statement of principles. 10.2 The Board can also initiate a review of a licence on the basis of any reason which it thinks is appropriate. Page 83
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28 PART C PERMITS/TEMPORARY & OCCASIONAL USE NOTICE 1. Unlicensed Family Entertainment Centre gaming machine permits (Statement of Principles on Permits - Schedule 10 paragraph 7) 1.1 Where a premises does not hold a premises licence but wishes to provide gaming machines, it may apply to the licensing authority for this permit. It should be noted that the applicant must show that the premises will be wholly or mainly used for making gaming machines available for use (Section 238). 1.2 Unlicensed Family Entertainment Centres will be able to offer only category D machines in reliance on a gaming machine permit. Any number of category D machines can be made available with such a permit. 1.3 The Gambling Act 2005 states that a licensing authority may prepare a statement of principles that they propose to consider in determining the suitability of an applicant for a permit and in preparing this statement, and/or considering applications, it need not (but may) have regard to the licensing objectives and shall have regard to any relevant guidance issued by the Commission under Section 24. The Gambling Commission’s Guidance for local authorities also states: “In their licensing policy statement, a licensing authority may include a statement of principles that they propose to apply when exercising their functions in considering applications for permits…. Given that the premises will particularly appeal to children and young persons, licensing authorities may want to give weight to matters relating to the protection of children from being harmed or exploited by gambling." (Paragraph 24.8) 1.4 Guidance also states: “...An application for a permit may be granted only if the licensing authority is satisfied that the premises will be used as an unlicensed [ Family Entertainment Centre], and if the chief officer of police has been consulted on the application....Licensing authorities might wish to consider asking applicants to demonstrate:- • a full understanding of the maximum stakes and prizes of the gambling that is permissible in unlicensed [Family Entertainment Centres]; • that the applicant has no relevant convictions (those that are set out in Schedule 7 of the Act; and • that staff are trained to have a full understanding of the maximum stakes and prizes (Paragraph 24.9).” 1.5 It should be noted that a licensing authority cannot attach conditions to this type of permit. Page 84
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29 1.6 Statement of Principles - This licensing authority will expect the applicant to show that there are policies and procedures in place to protect children from harm. Harm in this context is not limited to harm from gambling but includes wider child protection considerations. The efficiency of such policies and procedures will each be considered on their merits, however, they may include appropriate measures/training for staff as regards suspected truant school children on the premises, measures/training covering how staff would deal with unsupervised very young children being on the premises, or children causing perceived problems on/around the premises. This licensing authority will also expect, in terms of the Gambling Commission Guidance, that applicants demonstrate a full understanding of the maximum stakes and prizes of the gambling that is permissible in unlicensed FECs; that the applicant has no relevant convictions (those that are set out in Schedule 7 of the Act); and that staff are trained to have a full understanding of the maximum stakes and prizes. 2. Alcohol Licensed Premises Gaming Machine Permits 2.1 There is provision in the Act (Part 26 of the Guidance) for premises licensed to sell alcohol for consumption on the premises, to automatically have two gaming machines of categories C and/or D. To take advantage of this entitlement, the licence holder must give notice to the licensing authority of their intention to make gaming machines available for use, and must pay the prescribed fee. The automatic entitlements to have 2 gaming machines relate to premises as a whole and not to each individual bar or lounge area within premises. The licensing authority can remove the automatic authorisation in respect of any particular premises if:- • provision of the machines is not reasonably consistent with the pursuit of the licensing objectives; • gaming has taken place on the premises that breaches a condition of section 282 of the Gambling Act (i.e. that written notice has been provided to the licensing authority, that a fee has been provided and that any relevant code of practice issued by the Gambling Commission about the location and operation of the machine has been complied with); • the premises are mainly used for gaming; or • an offence under the Gambling Act has been committed on the premises. 2.2 If a premises wishes to have more than 2 machines, then it needs to apply for a permit and the licensing authority must consider that application based upon the licensing objectives, any guidance issued by the Gambling Commission issued under Section 25 of the Gambling Act 2005, and “such matters as they think relevant.” This licensing authority considers that “such matters” will be decided on a case by case basis but generally there will be regard to the need to protect children Page 85
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30 and vulnerable persons from harm or being exploited by gambling. The licemsing authority will expect the applicant to satisfy the authority that there will be sufficient measures to ensure that any person under 18 year olds do not have access to the adult only gaming machines (category C machines). Measures which will satisfy the authority that there will be no access may include the adult machines being in sight of the bar, or in the sight of staff who will monitor that the machines are not being used by those under 18. Notices and signage may also be helpful. The licensing authority will impose the conditions and support best practice as per the Gambling Commission Guidance. As regards the protection of vulnerable persons, applicants may wish to consider the provision of information leaflets/helpline numbers for organisations such as GamCare. Under 18 year olds may play category D machines. 2.3 It is recognised that some alcohol licensed premises may apply for a premises licence for their non-alcohol licensed areas. Any such application would most likely need to be applied for and dealt with as an Adult Gaming Centre premises licence. 2.4 It should be noted that the licensing authority can decide to grant the application with a smaller number of machines and/or a different category of machines than that applied for. Conditions (other than these) cannot be attached. 3. Prize Gaming Permits - (Statement of Principles on Permits - Schedule 14 paragraph 8 (3)) 3.1 A prize gaming permit is a permit issued by a licensing authority to authorise the provision of facilities for gaming with prizes on specified premises. 3.2 The Gambling Act 2005 states at part 27.12 that a licensing authority may “prepare a statement of principles that they propose to apply in exercising their functions under this Schedule” which “may, in particular, specify matters that the licensing authority propose to consider in determining the suitability of the applicant for a permit”. 3.3 This licensing authority has prepared a Statement of Principles which is that the applicant should set out the types of gaming that he or she is intending to offer and that the applicant should be able to demonstrate: • that they understand the limits to stakes and prizes that are set out in Regulations; and • that the gaming offered is within the law. 3.4 In making its decision on an application for this type of permit the licensing authority does not need to have regard to the licensing objectives but must have regard to any Gambling Commission guidance. Page 86
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31 3.5 It should be noted that there are conditions in the Gambling Act 2005 with which the permit holder must comply, but that the licensing authority cannot attach conditions. 4. Temporary Use Notices 4.1 Temporary use notices allow the use of premises for gambling where there is no premises licence but where a gambling operator wishes to use the premises temporarily for providing facilities for gambling. They may only be granted where a relevant operating licence has been granted. 4.2 There are a number of statutory limits as regards temporary use notices. Gambling Commission Guidance is noted that the meaning of premises in Part 8 of the Act is discussed in Part 7 of this guidance. As with premises, the definition of "a set of premises" will be a question of fact in the particular circumstances of each notice that is given. In the Act premises is defined as including "any place". In considering whether a place falls within the definition of "a set of premises", licensing authorities will need to look at, amongst other things, the ownership/occupation and control of the premises. 5. Occasional Use Notices 5.1 Where there is betting on a track on 8 days or less in a calendar year, betting may be permitted by an occasional use notice, without the need for a full premises licence. 5.2 The licensing authority has very little discretion as regards these notices aside from ensuring that the statutory limit of 8 days in a calendar year is not exceeded. This licensing authority will consider the definition of a ‘track’ and whether the applicant is permitted to avail him/herself of the notice. 6. Small Society Lotteries A non-commercial society that runs a lottery where the income is below a certain specified threshold can register with the Board. The Board may issue guidance in terms of the Commission Guidance. In the first instance parties seeking information on the registration procedure should contact a West Dunbartonshire Council Licensing Standard Officer. Page 87
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32 Map of West Dunbartonshire Council Area Appendix 1 Page 88
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33 Appendix 2 Information relevant to local area profile [TO BE UPDATED] Page 89
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34 Appendix 3 Demographic Profile of West Dunbartonshire - Scottish Index of Multiple Deprivation [TO BE UPDATED] Page 90
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35 Appendix 2 Gaming Machine Categories and Entitlements Please refer to the Gambling Commission’s website at www.gamblingcommission.gov.uk Page 91
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36 Appendix 3 Schedule of Responsible Authorities [TO BE REVIEWED AND UPDATE] West Dunbartonshire Licensing Board, Council Offices, Municipal Buildings, Station Road, Dumbarton G821NR The Gambling Commission, Victoria Square House, Victoria Square, Birmingham B2 4BP The Chief Constable, Police Scotland, Overtoun, Dumbarton G82 3PT · The Chief Fire Officer, Strathclyde Fire & Rescue, Headquarters, Bothwell Road, Hamilton ML3 0EA West Dunbartonshire Council, Regulatory and Regeneration, Environmental Health Service, Council Offices, Church Street, Dumbarton, G82 1QL West Dunbartonshire Council, Regulatory and Regeneration, Planning Service, Council Offices, Church Street, Dumbarton, G82 1QL Loch Lomond & the Trossachs National Park Authority: Director of Planning, National Park Headquarters, The Old Station, Balloch Road, Balloch, G83 8BF West Dunbartonshire Community Planning Partnership (West Dunbartonshire Child Protection Committee), Council Offices, Church Street, Dumbarton, G82 1QL HM Revenue and Customs, National Registration Unit, Portcullis House, 21 India Street, Glasgow G2 4PZ Any other person prescribed in regulations by the Secretary of State or Scottish Ministers. Page 92
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37 Appendix 6 Schedule of Consultees [TO BE UPDATED] Page 93
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WEST DUNBARTONSHIRE LICENSING BOARD - LOCAL AREA PROFILE Section one: Introduction 1. The West Dunbartonshire Licensing Board (“the Licensing Board”) recognises the importance of a well-regulated gambling industry. Firstly, so that customers can use gambling premises in West Dunbartonshire safely and secondly, to manage the impact of gambling premises in the local area. Therefore, the Licensing Board, while aiming to permit the use of premises for gambling, will closely scrutinise any application to make sure that it is consistent with the licensing objectives, the Gambling Commission’s Guidance to Local Authorities and Codes of Practice and the Licensing Board’s own Statement of Principles. This Local Area Profile will help inform both the Licensing Board, the applicant and/or the licensee when considering these applications. 2. While not a statutory requirement, the Gambling Commission’s Guidance to Local Authorities sets out that “licensing authorities will find it useful to complete their own assessment of the local environment as a means of mapping out local areas of concern, which can be reviewed and updated to reflect changes to the local landscape”.1 Therefore, the Licensing Board has, when preparing its new Statement of Principles (2025), produced this Local Area Profile so that it is available to help both the Licensing Board, applicants and licensees, understand the local area and the related risks. It is important to note that the Gambling Commission recognises that “…risk in this context includes potential and actual risks, thereby taking into account possible future emerging risks, rather than reflecting current risks only”.2 3. In particular, the Licensing Board expects applicants and licensees to have regard to the Local Area Profile when assessing the local area further to the requirements of the Gambling Commission’s Licence Conditions and Codes of Practice, including when preparing risk assessments.3 It should be noted that applicants and licensees should carry out risk assessments for: new premises licence applications, premises situated in an area where significant changes occur, premises where significant changes occur and where there is a variation of the premises licence. 4. This Local Area Profile includes:- 1 Gambling Commission, Guidance to Local Authorities, paragraph 6.47, https://www.gamblingcommission.gov.uk/guidance/guidance-to-licensing-authorities/part-6-local-area-profile 2 Gambling Commission, Guidance to Local Authorities, paragraph 6.48, https://www.gamblingcommission.gov.uk/guidance/guidance-to-licensing-authorities/part-6-local-area-profile 3 https://www.gamblingcommission.gov.uk/licensees-and-businesses/lccp Page 94
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• Section two: Map displaying NHS premises and information relating to the Scottish Index for Multiple Deprivation 2020; • Section three: Map displaying relevant premises such as food banks, money lending businesses etc and information relating to the Scottish Index for Multiple Deprivation 2020; • Section four: Details of licensed premises in West Dunbartonshire; • Section five: Location of schools in West Dunbartonshire; and • Section six: Map of West Dunbartonshire Page 95
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Section two: Map displaying NHS premises and information relating to the Scottish Index for Multiple Deprivation 2020 Page 96
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Section three: Map displaying relevant premises such as food banks, money lending businesses etc and information relating to the Scottish Index for Multiple Deprivation 2020 Page 97
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Section four: Details of licensed premises in West Dunbartonshire Reference Number Type Premises Licence Holder GA/04/BET Betting William Hill, 86-88 Main Street, Alexandria William Hill Organization Ltd. GA/05/BET Betting William Hill, 129 High Street, Dumbarton William Hill Organization Ltd. GA/07/BET Betting William Hill, Units 6 & 7 Dalmuir Shopping Centre, Clydebank William Hill Organization Ltd. GA/08/BET Betting William Hill, Unit 1, 25 Glasgow Road, Hardgate, Clydebank William Hill Organization Ltd. GA/09/BET Betting William Hill, 6 Radnor Street, Clydebank William Hill Organization Ltd. GA/10/BET Betting William Hill, 39 High Street, Dumbarton William Hill Organization Ltd. GA/11/BET Betting Ladbrokes, Part of Cameron House, Glasgow Road, Hardgate, Clydebank Ladbrokes Betting & Gaming Ltd. GA/15/BET Betting Ladbrokes, 10 Lennox Place, Dalmuir, Clydebank Ladbrokes Betting & Gaming Ltd. GA/17/BET Betting Ladbrokes, Units 3a & 3b Sylvania Way South, Clydebank Ladbrokes Betting & Gaming Ltd. GA/22/AGC Adult Gaming Centre M B Leisure Amusements, 118 High Street, Dumbarton M B Leisure GA/29/AGC Adult Gaming Centre Admiral, 7 Chalmers Street, Clydebank Talarius Limited GA/31/BET Betting Ladbrokes, 105 High Street, Dumbarton Ladbrokes Betting & Gaming Ltd. GA/36/BET Betting Ladbrokes, 147/149 Main Street, Alexandria Ladbrokes Betting & Gaming Ltd. GA/39/BIN Bingo Club 3000 Bingo, Unit 3b Kilbowie Retail Park, Clydebank Fraser Capital Management Limited Woodlands, Well Pond Green, Standon GA/40/AGC Adult Gaming Centre Gold Gaming, 34 Sylvania Way South, Clydebank Stewart4 Limited GA/41/BET Betting Paddy Power, Ground Floor, Unit 31 Sylvania Way South, Clydebank Power Leisure Bookmakers Limited GA/42/BET Betting Betfred, 165 Main Street, Alexandria Done Brothers (Cash Betting) Limited t/a Betfred Page 98
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GA/51/FEC Family Entertainment Centre Units 62, 63, 72 & 73 Clyde Shopping Centre, 41 Sylvania Way South, Clydebank Harry Smith & Elsie Blockley Smith, t/a H&H Entertainments,10 Moss Street, Paisley PA1 1BL GA/52/AGC Adult Gaming Centre Units 64, 65, 70 & 71 Clyde Shopping Centre, 41 Sylvania Way South, Clydebank Harry Smith & Elsie Blockley Smith, t/a H&H Entertainments,10 Moss Street, Paisley PA1 1BL Page 99
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Section five: Location of schools in West Dunbartonshire Name of school Address Aitkenbar Primary School Bellsmyre Campus, Howatshaws Road, Bellsmyre, Dumbarton, G82 3DR Balloch Primary School Carrochan Road, Balloch, ALEXANDRIA, G83 8FA Bonhill Primary School Raglan Street, Bonhill, Alexandria, G83 9JA Braehead Primary School Meadow Road, Dumbarton, G82 2BL Carleith Primary School Stark Avenue, Duntocher, Clydebank, G81 6EF Christie Park Primary School Middleton Street, Alexandria, G83 0DF Clydemuir Primary School Ottawa Crescent, Dalmuir, Clydebank, G81 4LB Dalreoch Primary School Kingsway, Castlehill, Dumbarton, G82 5AZ Edinbarnet Primary School Faifley Road, Clydebank, G81 5BQ Gartocharn Primary School Ross Loan, Gartocharn, Alexandria, G83 8NE Gavinburn Primary School Dumbarton Road , Old Kilpatrick, G60 5NE Goldenhill Primary School Stewart Drive, Hardgate, Clydebank, G81 6AH Kilbowie Primary School West Thomson Street, Clydebank, G81 3EA Knoxland Primary School Leven Street, Dumbarton, G82 1QU Lennox Primary School Redburn, Bonhill, G83 9BP Levenvale Primary School Argyll Street, Levenvale, Alexandria, G83 0QN Linnvale Primary School Livingstone Street. Linnvale, Clydebank, G81 2RL Our Holy Redeemer's Primary School East Barns Street. Clydebank, G81 1EZ Our Lady of Loretto Primary School Castle Square, Dalmuir, Clydebank, G81 4HN Renton Primary School Main Street, Renton, G82 4NA St Eunan's Primary School Gilmour Street, Clydebank, G81 2BW St Joseph's Primary School Faifley Road. Faifley, Clydebank, G81 5EY St Kessog's Primary School Carrochan Road, Balloch, ALEXANDRIA, G83 8FA St Martin's Primary School Place of Bonhill, Renton, G82 4QB St Mary's Primary School - Alexandria Bank Street, Alexandria, G83 0UJ St Mary's Primary School - Clydebank Chapel Road, Duntocher, Clydebank, G81 6DL St Michael's Primary School St. Michael's Way, off Castlehill Road, Dumbarton, G82 5BS Page 100
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St Patrick's Primary School Crosslet Road, Dumbarton, G82 2LQ St Peter's Primary School Bellsmyre Campus, Howatshaws Road, Bellsmyre, Dumbarton, G82 3DR St Ronan's Primary School Ladyton, Bonhill, G83 9DZ St Stephen's Primary School Second Avenue, Dalmuir, Clydebank, G81 3LE Whitecrook Primary School Cochno Street, Whitecrook, Clydebank, G81 1RQ Clydebank High School Janetta Street, Clydebank, G81 3EJ Dumbarton Academy Crosslet Road, Dumbarton, G82 2AJ Our Lady and Saint Patrick's High School Howatshaws Road, Bellsmyre, Dumbarton, G82 3DR St Peter the Apostle High School Kirkoswald Drive, Clydebank, G81 2DB Vale of Leven Academy Main Street, Alexandria, G83 0BH Page 101
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Section six: Further information Should you require any further information, please contact West Dunbartonshire Council’s Licensing Section at: Licensing Section Regulatory and Regeneration West Dunbartonshire Council Municipal Buildings College Street Dumbarton G82 1NR 01389 738741 licensing@west-dunbarton.gov.uk Page 102
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Queens Gardens, Hull, HU1 3DZ. T 01482 324252. F 0870 600 5984 W www.gosschalks.co.uk Gosschalks is the trading name of Gosschalks LLP, a Limited Liability Partnership registered in England and Wales with number OC431300. Our registered office is at Queen’s Gardens, Hull, HU1 3DZ. We use the term “Partner” to refer to a member of the LLP or an employee or consultant who is a lawyer or with equivalent standing and qualifications. A list of the members of Gosschalks LLP is available for inspection at the above address. Gosschalks LLP is authorised and regulated by the Solicitors’ Regulation Authority under number 670570. _Blank Letter Dear Sir/Madam, Re: West Dunbartonshire Licensing Board Gambling Policy Consultation 2024 We act for the Betting and Gaming Council (BGC) and are instructed to respond on behalf of the BGC to this consultation. The Betting and Gaming Council The Betting and Gaming Council (BGC) was created in 2019 as the standards body for the UK’s regulated betting and gaming industry. This includes betting shops, online betting and gaming businesses, bingo and casinos. Its mission is to champion industry standards in betting and gaming to ensure an enjoyable, fair and safe betting and gaming experience for all of its members’ customers. The BGC has four objectives. These are to: 1. create a culture of safer gambling throughout the betting and gaming sector, with a particular focus on young people and those who are vulnerable. 2. ensure future changes to the regulatory regime are considered, proportionate and balanced. 3. become respected as valuable, responsible, and engaged members of the communities in which its members operate. 4. safeguard and empower the customer as the key to a thriving UK betting and gaming industry. BGC members support 110,000 jobs, generate £4.2 billion in taxes and contribute £7.1 billion to the economy in GVA (Gross Value Added), according to a report by EY in 2022. Betting shops alone also support 42,000 jobs on the UK’s hard-pressed high streets, contributing £800 million a year in tax to the Treasury and another £60m in business rates to local councils. Further, according to ESA Retail report 89% of betting shop customers go on to spend money in other high street establishments, further cementing the important role of betting shops in the local economy. By Email Only Licensing Section West Dunbartonshire Council Please ask for: Richard Taylor Direct Tel: 01482 590216 Email: rjt@gosschalks.co.uk Our ref: RJT / ADS / 123267.00004 #GS5910482 Your ref: Date: 18th September 2024 Page 103
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2 / 5 Queens Gardens, Hull, HU1 3DZ. T 01482 324252. F 0870 600 5984 W www.gosschalks.co.uk . DX 11902 – Hull Gosschalks is the trading name of Gosschalks LLP, a Limited Liability Partnership registered in England and Wales with number OC431300. Our registered office is at Queen’s Gardens, Hull, HU1 3DZ. We use the term “Partner” to refer to a member of the LLP or an employee or consultant who is a lawyer or with equivalent standing and qualifications. A list of the members of Gosschalks LLP is available for inspection at the above address. Gosschalks LLP is authorised and regulated by the Solicitors’ Regulation Authority under number 670570. BGC members also support the UK’s hospitality, tourism and leisure industry through our casinos – there are currently 116 across the UK. Overall, we are a major component of world leading British technology, where our members have founded tech powerhouses in many cities throughout the UK. Betting is a hugely popular British leisure activity. Each month, around 22.5 million adults in the UK have a bet - whether it’s buying a lottery ticket, having a game of bingo, visiting a casino, playing online or having a wager on football, horseracing and other sports - and the overwhelming majority do so perfectly safely and responsibly. BGC members are proud to support UK sport, from the grassroots to the elite level. The industry contributes around £350 million to racing in levy, media, and sponsorship rights each year, £40 million to the EFL (English Football League), and £12.5 million to snooker, darts, and rugby league. BGC member William Hill is poised to invest a record £10 million into the Scottish Professional Football League (SPFL) over the next five years. Betting and Gaming in the UK Any consideration of gambling licensing at the local level should also be considered within the broader context. The raft of measures recently put in place by the industry (in terms of protecting players from gambling-related harm), the Gambling Commission, and the Government (a ban on credit cards, restrictions to VIP accounts, new age and identity verification measures, and voluntary restrictions on advertising) have contributed to problem gambling rates now being lower than they were at the passage of the 2005 Gambling Act (see further details on problem gambling rates below). In addition, a range of further measures will be implemented imminently following the Government’s White Paper, published in April 2023. These include financial risk checks for those at risk of gambling harm, changes to the way operators market to their customers, changes to online game design which will remove certain features, the introduction of a mandatory levy for research, prevention and treatment (RPT) activities, an Ombudsman to adjudicate on customer redress and the introduction of mandatory stake limits on online slots, bringing the maximum stakes online in line with land based casinos. It should also be noted that: • The overall number of betting shops is in decline. The latest Gambling Commission industry statistics show that the number of betting offices (as of March 2023) was 5,995. This is reducing yearly and has fallen by 28% since March 2019 – equating to 2,309 betting shop closures in just four years. • In April 2019, a maximum stake of £2 was applied to the operation of fixed odds betting terminals. • Successive prevalence surveys and health surveys show that problem gambling rates in the UK are stable. Page 104
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3 / 5 Queens Gardens, Hull, HU1 3DZ. T 01482 324252. F 0870 600 5984 W www.gosschalks.co.uk . DX 11902 – Hull Gosschalks is the trading name of Gosschalks LLP, a Limited Liability Partnership registered in England and Wales with number OC431300. Our registered office is at Queen’s Gardens, Hull, HU1 3DZ. We use the term “Partner” to refer to a member of the LLP or an employee or consultant who is a lawyer or with equivalent standing and qualifications. A list of the members of Gosschalks LLP is available for inspection at the above address. Gosschalks LLP is authorised and regulated by the Solicitors’ Regulation Authority under number 670570. Problem Gambling A point often lost in the debate about the future of gambling regulation is that problem gambling rates in the UK are low by international comparison. The most recent Scottish Health Survey (2021) found that problem gambling rates among adults are 0.4 per cent. In comparison to other European countries, problem gambling rates across the UK are low. The problem gambling rate is 2.4 per cent in Italy, 1.4 per cent in Norway, and 1.3 per cent in France. Both the Gambling Commission and the Government have acknowledged that problem gambling levels have not increased. However, one problem gambler is one too many, and we are working hard to improve standards further across the regulated betting and gaming industry. In June 2020, the BGC’s largest members committed to increasing the amount they spend on RPT (Research, Prevention and Treatment) services from 0.1 per cent to 1 per cent in 2023. This was expected to raise £100 million but they have gone further and will have donated £110 million by 2024. In the White Paper, the Government committed to introducing a statutory RPT (Research, Prevention and Treatment) levy, which would apply to all gambling licensees (excluding the national lottery). This levy is expected to raise £100m annually by 2026/2027. The BGC also funds the £10 million Young People’s Gambling Harm Prevention Programme, delivered by leading charities YGAM and GamCare. As of March last year (2023), it has educated over 3 million children. Advertising and Sponsorship All betting advertising and sponsorship must comply with strict guidelines, and safer gambling messaging must be regularly and prominently displayed. The Government has previously stated that there is “no causal link” between exposure to advertising and the development of problem gambling, as stated in a response by then Minister of State at DCMS in June 2021. The Gambling Review White Paper, in relation to advertising, restated that there was “little evidence” of a causal link with gambling harms or the development of gambling disorder. The Seventh Industry Code for Socially Responsible Advertising, adopted by all BGC members, adds a number of further protections in particular for young people. New measures include ensuring that all social media ads must target consumers aged 25 and over unless the website proves they can be precisely targeted at over-18s. In addition to raising advertising standards for young people, this code, which came into force on 1 December 2023, extended the previous commitment that 20% of TV and radio advertising is devoted to safer gambling messaging to digital media advertising. Under the ‘whistle-to-whistle’ ban, ads cannot be shown from five minutes before a live sporting event until five minutes after it ends, before the 9 p.m. watershed. Research by Enders Analysis Page 105
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4 / 5 Queens Gardens, Hull, HU1 3DZ. T 01482 324252. F 0870 600 5984 W www.gosschalks.co.uk . DX 11902 – Hull Gosschalks is the trading name of Gosschalks LLP, a Limited Liability Partnership registered in England and Wales with number OC431300. Our registered office is at Queen’s Gardens, Hull, HU1 3DZ. We use the term “Partner” to refer to a member of the LLP or an employee or consultant who is a lawyer or with equivalent standing and qualifications. A list of the members of Gosschalks LLP is available for inspection at the above address. Gosschalks LLP is authorised and regulated by the Solicitors’ Regulation Authority under number 670570. found that in its first 12 months in operation, the ban reduced the number of TV betting adverts seen by children by 97 per cent at that time. Overall, the number of gambling adverts viewed by young people also fell by 70 per cent over the entire duration of live sports programmes. At the same time, the ban also reduced the number of views of betting ads by 1.7 billion during its first five months in operation. BGC members also continue to abide by the stringent measures established by advertising standards watchdogs. These measures are in stark contrast to the unsafe, unregulated black market online, which has none of the safer gambling measures offered by BGC members, including strict age- verification checks. Any withdrawal of advertising would simply level the playing field with illegal operators thus providing opportunities for those operators to peel off customers from the regulated markets. Misleading/ambiguous premises signage There are increasing numbers of premises (usually Adult Gaming Centres) which describe themselves on their shopfronts and external signage as casinos despite these premises not being permitted to operate as a casino. Section 150 Gambling Act 2005 creates five separate classes of premises licences – the operation of a casino (a casino premises licence), the provision of facilities for the playing of bingo ( a bingo premises licence) , making category B gaming machines available for use (an adult gaming centre premises licence), making category C gaming machines available for use (a family entertainment centre premises licence) and the provision of facilities for betting (a betting premises licence). Whilst casinos are permitted under a casino premises licence to provide bingo and betting facilities, the holder of an adult gaming centre premises licence may not offer casino facilities. In order to avoid any ambiguity, the draft statement of principles should be clear that premises must not display signage which may suggest that the premises have a different premises licence to the one held. Gambling Act 2005 applications /the imposition of conditions It should continue to be the case that additional conditions in the Gambling Act 2005 premises licence applications are only imposed in exceptional circumstances with clear reasons for doing so. There are already mandatory and default conditions attached to any premises licence which will ensure operation that is consistent with the licensing objectives. In most cases, these will not need to be supplemented by additional conditions. The LCCP require that premises operate an age verification policy. The industry employs a policy called “Think 21”. This policy is successful in preventing underage gambling. Independent test purchasing carried out by operators and submitted to the Gambling Commission shows that ID challenge rates are consistently around 85 per cent. Following the publication of the Gambling Commission’s response to their consultation on age verification on premises, all gambling venues will be moving to a “Think 25” policy from 30th August 2024. Page 106
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5 / 5 Queens Gardens, Hull, HU1 3DZ. T 01482 324252. F 0870 600 5984 W www.gosschalks.co.uk . DX 11902 – Hull Gosschalks is the trading name of Gosschalks LLP, a Limited Liability Partnership registered in England and Wales with number OC431300. Our registered office is at Queen’s Gardens, Hull, HU1 3DZ. We use the term “Partner” to refer to a member of the LLP or an employee or consultant who is a lawyer or with equivalent standing and qualifications. A list of the members of Gosschalks LLP is available for inspection at the above address. Gosschalks LLP is authorised and regulated by the Solicitors’ Regulation Authority under number 670570. Since Serve Legal began working with the gambling sector in 2009, the industry has now become the highest performing sector across all age verification testing. Across thousands of audits, there was an average pass rate of 91.4 per cent (2024 data). For casinos, there is a near perfect pass rate in the last period of 98 per cent. When comparing Serve Legal audit data between members of the BGC and comparative age verification audit data in the Alcohol and Lottery sector we see how the gambling sector is performing between 10-15 per cent higher every year. It should be noted that the Executive Summary of the Gambling White Paper stated that when parliamentary time allows, the Government will align the gambling licensing system with that for alcohol by introducing new powers to conduct cumulative impact assessments, similar to overprovision policies familiar to Licensing Boards in Scotland. Working in partnership with local authorities The BGC is fully committed to ensuring constructive working relationships between betting and gaming operators and licensing authorities and that problems can be dealt with in partnership. The exchange of clear information between councils and betting operators is a key part of this, and the opportunity to respond to this consultation is welcomed. Conclusion On behalf of the BGC, we thank you for the opportunity to comment prior to you preparing your updated statement of principles and hope our response is useful. The BGC will work with you to ensure that its members’ operation of its premises will operate in accordance with the licensing objectives. Yours faithfully, GOSSCHALKS LLP Page 107
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Assessment No 1171 Owner michael.mcdougall Resource Transformation Service Regulatory FirstName Surname Job Title Head Officer Michael McDougall Manager of Legal Services Members Michael McDougall (Please note: the word 'policy' is used as shorthand for strategy policy function or financial decision) Policy Title Gambling Act 2005: New Statement of Principles The aim, objective, purpose and intended out come of policy The Statement of Principles is the Licensing Board’s mandate for managing local gambling provision and sets out how the Licensing Board views the local risk environment and therefore its expectations in relation to operators with premises in the locality. Service/Partners/Stakeholders/service users involved in the development and/or implementation of policy. Police, HSCP, and holders of licences under the Gambling Act 2005. Does the proposals involve the procurement of any goods or services? No If yes please confirm that you have contacted our procurement services to discuss your requirements. No SCREENING You must indicate if there is any relevance to the four areas Duty to eliminate discrimination (E), advance equal opportunities (A) or foster good relations (F) Yes Relevance to Human Rights (HR) Yes Relevance to Health Impacts (H) Yes Relevance to Social Economic Impacts (SE) Yes Who will be affected by this policy? Members of the public, holders of licences issued under the Gambling Act 2005. Who will be/has been involved in the consultation process? A public consultation was carried out and stakeholders such as Police Scotland, licence holders, and HSCP were consulted as well. Page 108
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Please outline any particular need/barriers which equality groups may have in relation to this policy list evidence you are using to support this and whether there is any negative impact on particular groups. Specific group to consider Needs Evidence Impact Age Persons under 18 need to be protected from gambling. They should not be permitted into gambling premises. Gambling can be addictive. Gambling can be inappropriate environments for children. It is one of the licensing objectives of the 2005 Act to protect children. Positive The Policy sets out the Licensing Board's expectations around licence holders' control measures relating to children's access. Cross Cutting It is good practice to look at how factors may interact. Looking across the areas assessed evidence suggest that these interact. For example middle aged men are the most likely to gamble. Positive overall. Disability Vulnerable persons need to be protected from gambling. They should be supported so not to gambling in a irresponsible way. Gambling may have adverse impacts on vulnerable persons. They may engage in criminal behaviour to fund gambling. Positive The Policy sets out the Licensing Board's expectations around license holders' control measures relating to vulnerable persons. The local area profile will help identity localities where vulnerable persons may be adversely impacted by licensed premises. Social & Economic Impact Gambling premises can have an adverse impact on local amenity. To some degree these are planning matters. Gambling premises employ persons. Also gambling premises occupy premises that may otherwise be vacant. In the past Police Scotland and others advise that West Dunbartonshire gambling premises have NOT been a source of crime and disorder. This will be checked with Police Scotland as part of the consultation. Positive. The Policy sets out circumstances where the Licensing Board may take action to make sure that premises are not a source of disorder. Sex It is important to consider any difference in gambling behavior between men and women Men are slight more likely to gamble than women, but men are significantly more likely to be problem gamblers (Scottish Health Survey 2021 data https://www.gov.scot/publications/scottish- health-survey-2021-volume-1-main- report/pages/14/). Positive for both sexes especially for men given the Policy sets out how gambling is to regulated. Page 109
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Gender Reassign Health Gambling addiction is detrimental to health. It is important that license holders comply with the law and the policy upholds the licensing objectives. Gambling is regulated owing to its harmful nature. Positive. The Policy sets out the Licensing Board's expectations around license holders' control measures relating to vulnerable persons and how premises should operate should to make sure gambling is safe. The local area profile will help identity localities where persons may be adversely impacted by licensed premises. Human Rights Licence holders where they comply with the terms and conditions of the licence are entitled to quiet enjoyment of their business. Applicants are entitled to have their application considered fairly and in accordance with the Human Rights legislation. It is a matter of good practice to consider UNCRC The terms of the Gambling Act 2005 and overarching legal principles. The policy complies with the Gambling Act 2005 and Human Rights Act. 'Protection' in terms of under 18 year olds Marriage & Civil Partnership Pregnancy & Maternity Race Religion and Belief Sexual Orientation Page 110
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Policy has a negative impact on an equality group,but is still to be implemented, please provide justification for this. While gambling may have an adverse impact on groups, it is a legal activity and one that the Licensing Board has an obligation to authorise and regulate. Will the impact of the policy be monitored and reported on an ongoing bases? Yes - it is open to the Licensing Board to update the Policy if it thinks fit. Officers will monitor legislative developments. Q7 What is you recommendation for this policy? Intoduce Please provide a meaningful summary of how you have reached the recommendation EIA 1171: It is not expected that there will be any impact significant negative impact on any Equality Act group, or other area covered in our assessments. There are likely positive impacts in protect younger people, vulnerable people, in terms of sex, socio economic impacts and health and well being. The approach is consistent with the Human Rights Act. The Licensing Board has an obligation in law to regulate gambling premises. It must update its policy that sets out its expectations. This policy seeks to balance the need to uphold the licensing objective while permitting gambling. Page 113
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REVIEW OF PERSONAL LICENCE Personal Licence Holder: ELSPETH GLASGOW The following document relating to the Review of Personal Licence for the above named Personal Licence holder is included as an Appendix as detailed below:- List of Production (s): Appendix 1: Application for Consideration Appendix 2: Letter from Police Scotland requesting a Review of Personal Licence PLEASE NOTE THAT CONFIDENTIAL PAGES HAVE BEEN REMOVED Item 7 Page 115
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REVIEW OF PERSONAL LICENCE Personal Licence Holder: MICHAEL DOCHERTY The following document relating to the Review of Personal Licence for the above named Personal Licence holder is included as an Appendix as detailed below:- List of Production (s): Appendix 1: Application for Consideration Appendix 2: Letter from Police Scotland requesting a Review of Personal Licence PLEASE NOTE THAT CONFIDENTIAL PAGES HAVE BEEN REMOVED Item 8 Page 117
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