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Item 6 - Gambling Policy Report

West Dunbartonshire Council · 14 January 2025
Back to Licensing Board — 14 January 2025 and its agenda

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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

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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

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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

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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.

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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.