3.1 In producing the Gambling Policy the Council has had regard to:

• the licensing objectives set out in the Act
• the guidance issued by the Gambling Commission
• the draft councillors handbook on gambling regulation issued by the Local Government Association
• any relevant Codes of Practice issued by the Gambling Commission
• any relevant Regulations issued by the Secretary of State, and
• the response of those consulted on the Gambling Policy

3.2 Nothing in the Gambling Policy overrides the right of any person to make an application, make representations about an application, or apply for a review of a licence.

3.3 The Council will consider each application on its own merits, in accordance with the statutory requirements of the Act.

3.4 However, the Council may, if it considers it right to do so, depart from the Gambling Policy, as long as it has been understood and taken into account. The Council should have strong and defendable reasons for any departure.

3.5 The Council will act in accordance with the provisions of the Act in its exchange of information, which includes the provision that the Data Protection Act 1998 will not be contravened. The Council will also have regard to any Guidance issued by the Commission to local authorities on this matter as well as any relevant regulations issued by the Secretary of State under the powers provided in the Act.

3.6 The Council will maintain a register of Licences and Permits issued under the Act, together with such other information as may be prescribed. The register and information will be available for inspection by members of the public at all reasonable times. The Council will make arrangements for the provision of a copy of an entry in the register, or of information, to a member of the public on request. The Council may refuse to provide a copy of an entry in the register or of information unless the person seeking it pays a reasonable fee.

Any person wanting information on the content of the register or the cost of a copy of an entry from the register should contact the Licensing Partnership (section 16).

3.7 The Council has not passed a resolution under Section 166 of the Act excluding the issue of casino licences. The Council is aware that it has the power to do so, should there be material evidence to support such a decision, and that any decision to pass such a resolution must be made by the Full Council. Should the Council decide in the future to pass a ‘no casino’ resolution, it will update the Gambling Policy with details of that resolution.

3.8 In carrying out its functions under the Act the Council is aware that they are subject to the Human Rights Act, and in particular:

• Article 1, Protocol 1 – peaceful enjoyment of possessions. A licence is considered a possession in law and people should not be deprived of their possessions except in the public interest
• Article 6 – right to a fair hearing
• Article 8 – respect for private and family life. In particular, removal or restriction of a licence may affect a person’s private life, and
• Article 10 – right to freedom of expression