8.1 This section provides additional information in relation to the principles the Council will apply in regard to the three licensing objectives.

Objective 1 - Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime

8.2 The Council acknowledges that the Commission will play a leading role in preventing gambling from being a source of crime.

8.3 However, if during the course of considering a premises licence application, or at any other time, the Council receives information that causes it to question the suitability of the applicant to hold an operating licence, these concerns will be brought to the attention of the Commission without delay.

8.4 The Council will consider the location of premises in the context of this licensing objective. For example, if an application for a licence or permit is received in relation to premises that are in an area noted for particular problems with organised crime, the Council will consider what (if any) controls might be appropriate to prevent those premises becoming a source of crime. This might include, where there is evidence in that particular circumstance that they are required, conditions being put on the licence, such as a requirement for door supervisors. Furthermore, the Council will consider whether the layout, lighting and fitting out of the premises have been designed so as to minimize conflict and opportunities for crime and disorder; and whether sufficient management controls are proposed or are in place.

8.5 The Council notes that in the case of gambling premises licences, disorder is intended to mean activity that is more serious and disruptive than nuisance.

This licensing authority is aware of the distinction between disorder and nuisance and will consider factors (for example whether police assistance was required and how threatening the behaviour was to those who could see it) so as to make that distinction.

The Licensing Authority will construe “disorder” as activity that is more serious and disruptive than mere nuisance. In particular issues such as:

• shouting, intimidation and aggressive behaviour from customers loitering outside the premises
• criminal damage from customers kicking neighboring properties, street furniture and vehicles
• urinating in public spaces

This list is not mandatory, nor exhaustive, and is merely for indicative purposes. However, the Council may use other powers to deal with premises that are causing a nuisance.

8.6 Should there be persistent or serious disorder problems connected with gambling or the operation of the premises that an operator could or should do more to prevent; the Council will bring this to the attention of the Commission so that it can consider the continuing suitability of the operator to hold an operating licence. However, the Council recognises that operators have no power or duty to police what happens outside premises and cannot be made responsible for what happens outside unless it is connected with gambling or the operation of the premises.

8.7 In relation to preventing disorder, the Council does have the ability under section 169 of the Act to impose licence conditions. However, conditions will only be imposed where there is evidence in that particular circumstance that they are required.

Objective 2 - Ensuring that gambling is conducted in a fair and open way

8.8 The Council acknowledges that the Commission has stated that it would generally not expect licensing authorities to become concerned with ensuring that gambling is conducted in a fair and open way, as this will be a matter for either the management of the gambling business, and therefore subject to an operating licence, or the individual and therefore subject to a personal licence.

8.9 The Council will however have a role to play in respect of the licensing of tracks, as the track operator will not necessarily have an operating licence issued by the Commission. In such instances the Council may, where there is evidence in that particular circumstance that they are required, consider the imposition of conditions on the premises licence to ensure that the environment in which the betting takes place is suitable.

8.10 The Council has noted that the Commission will achieve the promotion of this objective by working to ensure that:

• operating and personal licences are issued only to those who are suitable to offer gambling facilities or work in the industry
• easily understandable information is made available by operators to players about, for example: the rules of the game, the probability of losing or winning, and the terms and conditions on which business is conducted
• the rules are fair
• advertising is not misleading
• the results of events and competitions on which commercial gambling takes place are made public, and
• machines, equipment and software used to produce the outcome of games meet standards set by the Commission and operate as advertised

8.11 The Council will bring any concerns it may have over the practical application of this objective to the attention of the Commission so that it can consider the continuing suitability of the operator to hold an operating licence, or individual to hold a personal licence.

Objective 3 - Protecting children and other vulnerable people from being harmed or exploited by gambling

8.12 The Council understands that, with limited exceptions, the intention of the Act is that children and young persons should not be permitted to gamble and should be prevented from entering those gambling premises which are adult-only environments. Furthermore, the Council acknowledges that the objective in relation to children is explicitly to protect them from being “harmed or exploited by gambling”; and that this requires there to be restrictions on advertising so that gambling products are not aimed at children or advertised in such a way that makes them particularly attractive to children.

8.13 In carrying out its function under the Act the Council will consider whether specific measures will be needed to protect children on particular categories of premises. This may include requirements such as supervision of entrances; segregation of gambling from areas frequented by children and supervision of gaming machines in licensed family entertainment centres (FECs). These considerations will also be particularly relevant on tracks (where children will be permitted in the betting areas on race-days).

8.14 To assist those licensed premises that are subject to a mandatory condition that prohibits entry to persons under the age of 18 the Council would recommend that, as a minimum, a ‘Think 21’ policy is in operation. This means that whilst persons who are aged 18 or over may be permitted entry to the premises any person who appears under the age of 21 is challenged and required to provide appropriate identification (ID). Appropriate ID is either a passport, photo driving licence or a photo ID card bearing the PASS hologram.

8.15 The Council will consider, in relation to particular premises, whether any special considerations apply in relation to the protection of “vulnerable persons”. Any such considerations will be balanced against the Council’s aim to permit the use of premises for gambling. In making such considerations the Council will have regard to the fact that whilst the Commission has not defined “vulnerable persons”, it has for regulatory purposes assumed that this group includes people who:

• gamble more than they want to
• people who gamble beyond their means, and
• may not be able to make informed or balanced decisions about gambling due to a mental impairment, alcohol or drugs

8.16 The Council expects that the proximity of gambling premises to schools and vulnerable adult centres, or to residential areas where there may be a high concentration of families with children to be identified in the operators local area risk assessment; which would then outline policies and procedures operated by the applicant to ensure that those who may not gamble or enter the premises do not do so.