Item 6 - Gambling Policy Report
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 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.