Item 6 Appendix 3 - EIA
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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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.
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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.
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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
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Actions
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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.