6.1 This section sets out the principles the Council will generally apply in exercising their function under the Act in relation to premises licences.

6.2 In accordance with section 150 of the Act, premises licences can authorise the provision of facilities on:

• casino premises
• bingo premises
• betting premises, including tracks and premises used by betting intermediaries
• adult gaming centres (for category B3, B4, C and D machines), and
• family entertainment centres (for category C and D machines) (The Council may also issue a family entertainment centre gaming machine permit, which authorises the use of category D machines only – see section 12 for more information on permits).

6.3 In exercising most of their functions under the Act the Council will 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

The Council is aware that these objectives are not the same as those in the Licensing Act 2003, and in particular that they do not include considerations in relation to public safety or prevention of public nuisance. Furthermore, the Council has 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”.

6.4 The Council’s aim is 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 Commission
• in accordance with any relevant guidance issued by the Commission
• reasonably consistent with the licensing objectives
• in accordance with the Council’s Gambling Policy

6.5 In accordance with section 153 of the Act the Council will not have regard to the expected demand for gambling premises that are the subject of an application. However, the Council may comment on the location of an applicant premises in so far as the location relates to the licensing objectives.

6.6 The Council will not seek to use the Act to resolve matters more readily dealt with under other legislation and will avoid duplication with other regulatory regimes so far as it is possible.

6.7 The Council will not take into account an irrelevant matter, which is a matter that is not related to gambling and the licensing objectives. One irrelevant matter would be the likelihood of the applicant obtaining planning permission or building regulation approval for their proposal.

6.8 The Council is aware that moral objections to gambling are not valid reasons to reject an application.

6.9 The Council is aware that a single building could 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 reasonably be regarded as being different premises. However, whether different parts of a building can properly be regarded as being separate premises will depend on the circumstances. The Council agrees with the Commission and does not consider that areas of a building that are artificially or temporarily separated, for example by ropes or moveable partitions, can be properly regarded as different premises. The Council will ensure that mandatory conditions relating to access between premises are observed.

6.10 The Council will also take particular care when considering applications for multiple licences for a building and those relating to a discrete part of a building used for other (non-gambling) purposes. In particular the Council will be aware of the following:

• the need to protect children from being harmed by gambling. This 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 are prohibited from participating
• entrances and exits from parts of a building covered by one or more licences should be separate and identifiable so that the separation of different premises is not compromised, and that 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

6.11 When determining whether two or more premises are truly separate the Council may have regard to:

• is a separate registration for business rates in place for the premises
• is the premises neighboring premises owned by the same person or someone else
• can each premises be accessed from the street or a public passageway, and
• can the premises only be accessed from any other gambling premises?

6.12 When considering applications where access to the licensed premises is through other premises (which themselves may be licensed or unlicensed) the Council will take into account whether children can gain access; the compatibility of the two establishments; and their ability to comply with the requirements of the Act. In addition, an overriding consideration will be whether, taken as a whole, the co-location of the licensed premises with other facilities has the effect of creating an arrangement that otherwise would, or should, be prohibited under the Act.

6.13 The Council is aware that the proper application of section 152 of the Act means that different premises licences cannot apply in respect of single premises at different times, although a licence may authorise more than one type of gambling. The Council is aware this rule does not apply to tracks, which may be subject to more than one premises licence, provided each licence relates to a specific area of the track.

6.14 As the Court has held in a 2008 case (The Queen (on the application of) Betting Shop Services Limited –v- Southend-on-Sea Borough Council [2008] EWHC 105 (Admin)), operators can apply for a premises licence in respect of premises which have still to be constructed or altered, and licensing authorities are required to determine any such applications on their merits. Such cases should be considered in a two stage process; first, licensing authorities must decide whether, as a matter of substance after applying the principles in s.153 of the Act, the premises ought to be permitted to be used for gambling; second, in deciding whether or not to grant the application a licensing authority will need to consider if 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.

Good practice in regulation

6.15 When exercising a specified regulatory function, the Council will comply with the duty the Legislative and Regulatory Reform Act 2006 places on it to have regard to the statutory principles of good regulation. That is that regulatory activities should be carried out in a way which is transparent, accountable, proportionate, and consistent and should be targeted only at cases in which action is needed.

6.16 The Council will also have regard to the requirements of the ‘Regulators’ Code’.

Exchange of Information

6.17 The Council acknowledges that shared regulation depends on effective partnerships and collaboration; and that the exchange of information between it and the Commission is an important aspect of that. Furthermore, the Council understands that it has a particular role to play with regard to sharing information about gambling activity at a local level.

6.18 The Council confirms that in relation to ‘information sharing’ it will act in accordance with the Act: together with other any relevant legislation; will apply the principles of better regulation; and will endeavor to comply with the Guidance issued by the Commission.