15.1 This section sets out the principles the Council will apply in exercising its functions under Part 15 of the Act; and it powers under section 346 of the Act to institute criminal proceedings in respect of the offences specified therein.

15.2 The Council’s primary consideration is the promotion of the licensing objectives. Therefore, the investigation of an allegation that suggests one or more of the licensing objectives are being undermined will be a priority for the Council. Furthermore, where evidence supports that one or more of the licensing objectives has been, or is being undermined, the Council will seek to take any necessary steps to stop this from happening, which may include the review of a licence.

15.3 The Council’s objective when carrying an inspection is to ascertain:

• compliance with provision of the Act, or
• whether an offence is being committed under the Act

15.4 The Council’s overarching principles in respect of all compliance and enforcement matters is to act in a manner that is:

• proportionate: regulators should only intervene when necessary, remedies should be appropriate to the risk posed, and costs identified and minimized
• accountable: regulators must be able to justify decisions, and be subject to public scrutiny
• consistent: rules and standards must be joined up and implemented fairly
• transparent: regulators should be open, and keep regulations simple and user friendly
• targeted: regulation should be focused on the problem, and minimize side effects

15.5 The Council has, as recommended by the Commission, adopted a risk-based inspection programme. The programme includes targeting high-risk premises that require greater attention, whilst operating a lighter touch in respect of low-risk premises, so that resources are more effectively concentrated on problem premises. This programme has been developed with regard to:

• the licensing objectives
• relevant codes of practice
• guidance issued by the Commission, in particular at Part 36
• the principles set out in this Policy

15.6 Compliance inspections will ordinarily be unannounced. The issues the Council are likely to cover during a routine inspection may include:

• details of training policies and training undertaken by staff
• records of refusals to serve / admit on age grounds
• records of any relevant incidents in or outside the premises, e.g. anti-social behaviour
• approach to managing self-exclusion and numbers of people currently self-excluded
• involvement / impact of any work in local schemes or partnership working with other local businesses
• reviewing paperwork relating to the purchase of games from licensed manufacturers
• interviews with staff members
• confirming that appropriate signage is in place

15.7 The Council is familiar with the methodology in relation to the sale of age restricted products and is aware of the importance of following current guidance in this area, in order to ensure that tests are carried out in a manner that is risk-based and fair, with due regard to the welfare of young people involved in the test purchasing. The Council will endeavour to notify the Commission ahead of carrying out a test purchase and will share any test purchasing results with the Commission,

15.8 The Council is keen to work in partnership with the gambling trade and to this effect promoted the formation of, and continues to support, ‘Bexley Betwatch’, an organisation that is made up of the operators of local betting shops. The Council will share information with Bexley Betwatch, including sharing with its members any concerns it may have of a general nature.

15.9 When investigating a complaint about specific premises the Council will, where appropriate, make the licence holder aware of the nature of complaint and look to work in partnership with the licence holder to achieve a resolution through voluntary measures. Where partnership working is not successful in resolving the issues, the Council may then consider introducing conditions on the premises licence or using other tools as appropriate.

15.10 The Council acknowledges that the Commission views the prevention of illegal gambling as an enforcement priority and that it will generally take the lead in prosecuting the offence of providing facilities for gambling where it is committed in the context of illegal gambling which appears organised and has a potentially national or regional impact, or where there are deliberate, reckless or significant breaches by a licensed operator. The expectation being that the Council will take prosecutions against those providing or facilitating illegal gambling - in effect gambling without a licence or permit - where the criminality is contained in one premises.

15.11 The Council will have regard to its primary objective of promoting the licensing objectives, together with the principles set out in paragraph 15.4 when deciding whether to take any prosecution, regardless of the nature of the offence.

15.12 The Council will notify the Commission of any concerns it may have about the manufacture, supply or repair of gaming machines.

15.13 This Council will keep itself informed of developments as regards the work of the Better Regulation Delivery Office in its consideration of the regulatory functions of local authorities.

15.14 The Council will carry out its inspection and enforcement duties under the Act in accordance with its enforcement policy; which has been established having had regard to the Council’s legal duties under the Regulatory Reforms Act 2006 and the requirements of the ‘Regulators Code’. Further information on the Council’s enforcement policy is available via the Council’s website or by contacting the Licensing Partnership (section 16).