12.1 Provisional Statements:

12.2 The licensing authority notes the Gambling Commission’s Guidance for the Gambling Commission which states that:

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.

12.3 In terms of representations about premises licence applications, following the grant of a provisional statement, no further representations from relevant authorities or interested parties can be taken into account unless they concern matters which could not have been addressed at the provisional statement stage, or they reflect a change in the applicant’s circumstances. In addition, the authority may refuse the premises licence (or grant it on terms different to those attached to the provisional statement) only by reference to matters:

(i) Which could not have been raised by objectors at the provisional licence stage, or
(ii) Which is in the authority’s opinion reflect a change in the operator’s circumstances

Adult Gaming Centres (AGC)

12.4 This licensing authority particularly notes the Gambling Commission’s Guidance which states: “No-one under the age of 18 years of age is permitted to enter an AGC. Licensing authorities will wish to have particular regard to the location of an entry to AGCs to minimise the opportunities for children to gain access. This may be of particular importance in areas where young people may be unsupervised and an AGC is in a complex, such as a shopping centre or airport.”

12.5 The licensing authority will expect applicants to offer their own measures to meet the licensing objectives however appropriate measures/licence conditions may cover issues such as:

• proof of age schemes
• CCTV
• supervision of entrances/machine areas
• physical separation of areas
• location of entry
• notices/signage
• specific opening hours
• self-barring schemes
• provision of information leaflets/helpline numbers for organisations such as GamCare

This list is not mandatory, nor exhaustive, and is merely indicative of example measures.

(Licensed) Family Entertainment Centres (FECs)

12.6 Family Entertainment Centres are wholly or mainly used for having gaming machines available for use.

12.7 This licensing authority will, as per the Gambling Commission’s Guidance refer to the Commission’s website to see any conditions that apply to operator licences covering the way in which the area containing the category C machines should be delineated. This licensing authority will also have regard to any mandatory or default conditions on these premises licences, when they have been published.

12.8 The licensing authority will expect applicants to offer their own measures to meet the licensing objectives however appropriate measures/licence conditions may cover issues such as:

• CCTV
• supervision of entrances/machine areas
• physical separation of areas
• location of entry
• notices/signage
• specific opening hours
• self-barring schemes
• provision of information leaflets/helpline numbers for organisations such as GamCare
• measures/training for staff on how to deal with suspected truant school children on the premises

This list is not mandatory, nor exhaustive, and is merely indicative of example measures.

Betting (Other)

12.9 This policy applies to applications for off-course betting premises. This is betting that takes place other than at a track, typically in a betting shop, and includes an entitlement to operate up to four gaming machines of category B2, B3, B4, C or D, and any number of betting machines.

12.10 The council takes note of the Gambling Commission suggestion that licensing authorities will want to consider restricting the number and location of betting machines in respect of applications for betting premises licences. The council when considering the number/nature/circumstances of betting machines an operator wants to offer will follow the Gambling Commission's Guidance and take into account the size of the premises, the number of counter positions available for person-to-person transactions, and the ability of staff to monitor the use of the machines.

Gaming machines in gambling premises

12.11 Gaming machines in gambling premises – betting
All non-remote general betting operating licences, except where betting is offered under a 2005 Act casino premises licence

• gaming machines may be made available for use in licensed betting premises only where there are also substantive facilities for non-remote betting, provided in reliance on this licence, available in the premises
• facilities for gambling must only be offered in a manner which provides for appropriate supervision of those facilities by staff at all times
• licensees must ensure that the function along with the internal and/or external presentation of the premises are such that a customer can reasonably be expected to recognise that it is a premises licensed for the purposes of providing betting facilities

12.12 In determining the application consideration will be given to appropriate measures/licensing conditions to address the matters listed below:

• proof of age schemes
• CCTV
• entry control system
• supervision of entrances/machine areas
• physical separation of areas
• location of entry
• notices/signage
• specific opening hours
• self-barring schemes
• provision of information leaflets/helpline numbers for organisations such as GamCare

This list is not exhaustive and is merely indicative of examples of measures - the council will expect applicants to offer their own measures to meet the licensing objectives.

Betting Tracks including other sporting venues

12.13 In determining applications for betting at tracks, consideration will be given to appropriate measures/licensing conditions to address the matters listed below:

• proof of age schemes such as Think 21
• CCTV
• entry control system
• supervision of entrances/machine areas
• physical separation of areas
• notices/signage
• opening hours
• provision of responsible gambling information
• provision of policies and procedures in relation to social responsibility measures as set out below
• staffing levels
• staff training and records of staff training
• recording of incidents such as underage challenges, customer interactions for problem gambling, self-exclusions and complaints and disputes relating to gambling
• details of action to be taken where an on-course bookmaker has breached their Gambling Commission Operating Licence conditions repeatedly, for example where children have been able to gamble

This list is not exhaustive and is merely indicative of example measures the Licensing Authority will expect applicants to offer to meet the licensing objectives.

12.14 Track betting operators must be able to demonstrate their adoption of socially responsible gambling policies and procedures. Such policies and procedures must ensure that track betting activities promote the licensing objectives of ensuring that gambling is conducted in a fair and open way and children and other vulnerable people are not harmed or exploited by gambling.

12.15 A track Premises Licence does not in itself entitle the holder to provide gaming machines. However, by virtue of section 172(9) of the Act, track owners who hold both a track Premises Licence AND a pool betting Operating Licence issued by the Gambling Commission (this currently only applies to greyhound tracks) may provide up to four Category B2 to D gaming machines on the track.

12.16 The Licensing Authority will consider the location of gaming machines at tracks, and applicants for track Premises Licences will need to demonstrate that, where the applicant holds or seeks a pool betting Operating Licence and is going to use their full entitlement to gaming machines, these machines are located in areas from which children are excluded. The applicant will be required to provide information as to what measures it will put in place around the gaming machines to ensure that children are excluded.

12.17 The Licensing Authority will expect applicants to include detailed plans for the track itself and the area that will be used for temporary “on-course” betting facilities (often known as the “betting ring”), pool betting, and any other proposed gambling facilities. Plans should make clear what is being sought for authorisation under the track betting Premises Licence and what, if any, other areas are to be subject to a separate application for a different type of Premises Licence. Any such plans must also contain the information prescribed by regulations.

12.18 In respect of staff training, the Licensing Authority would expect staff involved with the provision of gambling facilities at the track to be trained in social responsibility measures including, but not limited to, age verification, problem gambling indicators and action to be taken, self-exclusion, complaints procedures and money laundering indicators and action to be taken. Records of such training should be retained by the track management showing the subjects the staff member was trained in and the date training took place. These should be signed off by the staff member and training should be refreshed at least annually.

12.19 The Licensing Authority expects track operators to have policies and procedures in place to deal with age verification, self-exclusion, money laundering, complaints and disputes and problem gambling as a minimum and to ensure that all staff involved in the provision of gambling facilities are aware of these policies and procedures and have been trained in their implementation.

12.20 The Licensing Authority expects track management to ensure appropriate problem gambling information is provided commensurate to the size and layout of the premises. This should be in the form of posters and also leaflets which a customer can take away. Leaflets should be provided in areas where they can be taken away discreetly by the customer.

12.21 Section 152 of the Act permits tracks to be the subject of multiple Premises Licences.

12.22 Access between premises licensed for gambling and non-gambling areas will be considered carefully by the Licensing Authority for the following reasons:

• to prevent operators from attempting to circumvent the Act by artificially sub-dividing premises and securing separate Premises Licences for its composite parts
• to ensure operators do not circumvent the regulations governing the maximum number of gaming machines that may be provided at specific premises
• to ensure people who have entered premises to take part in one form of gambling are not exposed to another form of gambling
• to ensure there is no direct access between gambling premises to which children have access and those which they are prohibited from entering
• to ensure all gambling premises have publicly accessible entrances
• to ensure gambling premises are not developed in ‘back rooms’ of other commercial premises

Casinos

12.23 This Licensing Authority will have regard to the Gambling Commission’s guidance.

Bingo

12.24 The licensing authority expects that where children are permitted in bingo premises, any Category B or C machines are located in an area which is separated from the rest of the premises by barriers or in a separate room, where it is made clear that entry is permitted only for those aged 18 or over. Appropriate signage should be provided to this effect and the area should be monitored by staff, either through direct supervision or by monitored CCTV.

12.25 To avoid a situation where a premises holds a bingo premises licence primarily to benefit from the gaming machine allowance, the licensing authority will need to be satisfied that bingo is regularly played in any premises for which a Premises licence is issued and that the premises presentation is clearly that of a bingo premises and readily identifiable as such to any customer using the premises.

Temporary Use Notices

12.26 There are a number of statutory limits as regards Temporary Use Notices. It is noted that it falls to the licensing authority to decide what constitutes a ‘set of premises’ where Temporary Use Notices are received relating to the same building/site (see Gambling Commission’s Guidance for Local Authorities).

Occasional Use Notices

12.27 The licensing authority has very little discretion as regards these notices aside from ensuring that the statutory limit of 8 days in a calendar year is not exceeded. The licensing authority will need to consider the definition of a ‘track’ and whether the applicant is permitted to avail him/herself of the notice.

Travelling Fairs

12.28 It will fall to this licensing authority to decide whether, where category D machines and/or equal chance prize gaming without a permit is to be made available for use at travelling fairs, the statutory requirement that the facilities for gambling amount to no more than an ancillary amusement at the fair is met.

12.29 The licensing authority will also consider whether the applicant falls within the statutory definition of a travelling fair.

12.30 It has been noted that the 27-day statutory maximum for the land being used as a fair, is per calendar year and that it applies to the piece of land on which the fairs are held, regardless of whether it is the same or different travelling fairs occupying the land. This licensing authority will work with its neighbouring authorities to ensure that land which crosses our boundaries is monitored so that the statutory limits are not exceeded.