1.         PURPOSE OF REPORT AND EXECUTIVE SUMMARY

1.1      Section 349 of the Gambling Act 2005 requires all Licensing Authorities to prepare and publish a statement of licensing principles that they propose to apply in exercising their functions under the Act during the three year period to which the Statement of Gambling Principles applies. Section 154 states that this function may not be delegated from Council and so this Committee is requested to recommend a proposed document to Council following consultation.

1.2     The current statement of principles took effect in January 2016 after an initial         ‘light touch’ review as the publication of the 5^th edition of Gambling    Commission Guidance was published too late to be included in the draft.  A       detailed review of the Statement of Gambling Principles has been undertaken           and was presented to Licensing Committee on 29th September 2016 and is     now brought back to Committee to consider the consultation responses       prior to referral to Council on 1^st March 2017.

1.3      In accordance with the 5^th Edition of the Gambling Commission Guidance to Local Authorities the focus of the latest review was concentrated on Local Risk Assessments and Local Area Profiles.

2.         INTRODUCTION AND BACKGROUND

2.1    Maidstone Borough Council is the Licensing Authority under the provisions of the Gambling Act 2005 (the Act).

2.2    In accordance with the above Act, the Licensing Authority has a duty to publish a Statement of Gambling Principles which sets out the principles that it will apply when dealing with gambling premises, gaming permits, lottery registrations, and other gambling notices associated with gaming.

2.3    The Statement of Gambling Principles has been reviewed and a 12 week consultation undertaken between 6^th October and 23^rd December 2016 with relevant bodies, individuals, residents and businesses throughout the Borough.  Public Notices were also placed in a local newspaper and on the Council’s website. No responses have been received as a result of the consultation process.

2.4    The Gambling Commission (the Commission) has introduced new provisions in its social responsibility code within the Licence Conditions and Codes of Practice (LCCP), which require gambling operators to assess the local risks to the licensing objectives posed by the provision of gambling facilities at each of their premises, and to have policies, procedures and control measures to mitigate those risks. This change in national policy is intended to provide a well evidenced and transparent approach to considering and implementing measures to address the risks associated with gambling. In making these risk assessments licensees must take account of the Licensing Authority’s Statement of Licensing Principles.

2.5    The gambling objectives are:

i) preventing gambling from being a source of crime and disorder, being associated with crime and disorder or being used to support crime

ii) ensuring that gambling is conducted in a fair and open way and

iii) protecting children and other vulnerable persons from being harmed or exploited by gambling.

2.6      This revised Statement of Gambling Principles (Appendix A) is a result of a detailed review and has incorporated additional elements in respect of the Risk Assessments and Local Area Profiling.   There is no requirement upon Licensing Authorities to prepare a Local Area Profile, but the Gambling Commission is encouraging authorities along this route.  By doing this Operators will need to take this into account when preparing their own Local Risk Assessments, which is a mandatory requirement.  Although the Council has not had any previous issues in this area, a suggested template Risk Assessment and guidance will enable us to provide a clear framework to assist  operators in preparation of risk assessments  and addressing suitable measures to mitigate any risks.. (Appendix B)

2.7      In addition, as part of the Statement of Gambling Principles revision we have taken the opportunity to produce a range of model Conditions for Gambling Premises Licences which can be adapted to suit where necessary, and includes both the Mandatory and Default conditions. (Appendix C)

2.8      It is therefore proposed that Members agree the referral of the draft Statement of Gambling Principles to Full Council with the recommendation for adoption.

3          AVAILABLE OPTIONS

4          PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

4.1      Option 2a  comprehensive updated Statement of Gambling Principles will improve the consistency in delivering the service and will better inform applicants of the licensing process in an open and transparent way, enabling the Authority to continue to have a ‘fit for purpose’ Statement of Gambling Principles in place.   

5         CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK

6         NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION

6.1 If Members agree that the proposed way forward is the revised Statement of Gambling Principles then referral of the Statement of Principles at Appendix A to Full Council with the recommendation for adoption is required.

7             CROSS-CUTTING ISSUES AND IMPLICATIONS

8              REPORT APPENDICES –

The following documents are to be published with this report and form part of the report:

·         Appendix A: Revised Draft Statement of Gambling Principles

·         Appendix B: Guidance on Undertaking Local Gambling Risk Assessments

9          BACKGROUND PAPERS

·         Gambling Commission Guidance to licensing authorities 5^th edition, September 2015

http://www.gamblingcommission.gov.uk/pdf/GLA/GLA.pdf

·         Existing Statement of Principles 

http://www.maidstone.gov.uk/__data/assets/pdf_file/0019/27631/Gambling-Licensing-Policy-June-2016.pdf

·         Licence Conditions and Codes of Practice for Operators

Licence Conditions and Codes of Practice (LCCP),