Gambling policy Part A
4.1 Nothing in this Statement of Policy will:-
- Undermine the rights of any person to apply under the Act for a variety of permissions and have the application considered on its individual merits; OR
- Override the right of any person to make representations on any application or seek a review of a licence or permit where they are permitted to do so under the Act.
The starting point in determining applications will be to grant the application without conditions. Conditions will only be considered where they are necessary, and any conditions applied will not be overly onerous and will be proportionate to the scale of the application and the risks involved. Conditions will generally be considered unnecessary if they are already adequately covered by other legislation.
4.2 All applicants for Premises Licences are encouraged to set out how they will have regard to the licensing objectives, as specified in section 1 above, and what measures they intend to employ to ensure compliance with them. When determining an application to grant a Premises Licence or review a Premises Licence, regard will be had amongst other things to the proximity of the premises to schools, vulnerable adult centres or residential areas where there may be a high concentration of families with children. The proximity of premises taken into consideration will vary depending on the size and scope of the gambling premises concerned. Each case will, however, be decided on its merits. Therefore, if an applicant can effectively demonstrate how they might overcome licensing objective concerns, this will be taken into account. Local area profiles may be used to aid applicants when writing their risk assessments.
4.3 Licensing is about the control of licensed premises, and premises with permits, temporary use notices, occasional use notices or other exemptions within the terms of the Act. Where permitted by the Act, conditions may be attached to authorisations that will cover matters that are within the control of individual licensees. Conditions may be incorporated because they are mandatory or default conditions imposed by the Secretary of State, because they are incorporated by the Act itself, or because they are imposed in the individual case by the Council.
4.4 When considering any conditions to be attached to licences or permits, the Council will focus amongst other things on the licensing objectives, and on the direct impact of the activities taking place at licensed premises on members of the public living, working or engaged in normal activity in the area concerned. The Secretary of State may by regulation provide for specified conditions to be attached to a premises licence as either “mandatory” or “default” conditions. In determining an application for a premises licence the Council may not have regard to the expected demand for the facilities that are proposed.
4.5 The Council recognises that, apart from the licensing function, there are a number of other mechanisms available for addressing issues of unruly behaviour that can occur away from licensed premises, including:-
- Planning controls;
- Ongoing measures to create a safe and clean environment in these areas in partnership with local businesses, transport operators and other Council departments;
- Regular liaison with the Police on law enforcement issues regarding disorder and anti-social behaviour;
- The power of the Police, other responsible authorities or local residents and businesses to seek a review of the licence.
Objectors should generally relate their objection to the specific application, rather than to gambling as a whole. Usually, objections will be concerned with one of more of the Licensing Objectives, as specified in section 1 above.
4.6 The Council, in undertaking its licensing function, will have due regard to the need to eliminate unlawful discrimination.