Read the text of this document (71 pages)
Statement of Gambling Policy
The Gambling Act 2005
Effective –2023-25 2025-2028
APPENDIX B
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Contents Page
PART 1: The Gambling Act 2005
Introduction
Consultation
Declaration
Authorised Activities
Licensing Authority Functions
Responsible Authorities
Designated Body Protecting Children from Harm
Interested Parties
Exchange of Information
Enforcement
PART 2: Promoting the Licensing Objectives
Preventing gambling from being a source of crime or disorder
Ensuring that gambling is conducted in a fair and open way
Protecting children and vulnerable persons from being harmed
PART 3: Integrating Strategies and Other Regulatory Regimes
Integrating Strategies
PART 4: Local Risk Assessments and Local Area Profiles
Local Risk Assessments
Local Area Profiles
PART 5: Premises Licences
General Principles
Definition of Premises
Provisional Statements
Location
Conditions
Door Supervisors
Casino Premises
Bingo Premises
Members Clubs and Commercial Clubs
Betting Premises
Tracks
Adult Gaming Centres
(Licensed) Family Entertainment Centres
Travelling Fairs
Review of Premises Licences
PART 6: Gaming and Gaming Machine Permits
Introduction to Permits
Gaming Machines
(Unlicensed) Family Entertainment Centre Gaming Machine Permits
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Club Gaming and Club Machine Permits
Alcohol Licensed Premises Gaming Machine Permits
Prize Gaming Permits
PART 7: Notices
Temporary Use Notices
Occasional Use Notices
PART 8: Registration of Small Society Lotteries
Definition of Small Society Lottery
Licensing and Registration Scheme
PART 9: Decision Making
The Licensing Committee
Delegation of decision-making responsibilities
PART 10: Annexes
Annex: A: Schedule of Consultees
Annex: B: Schedule of Responsible Authorities and Contact details
Annex: C: Summary of Delegations
Annex: D - Ward Councillor Call-in
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PART 1
THE GAMBLING ACT 2005
INTRODUCTION
1.1 The London Borough of Hillingdon Council is the Licensing Authority under the
Gambling Act 2005. This means that the Council is responsible for granting
Premises Licences in respect of betting premises, bingo premises, casino
premises, adult gaming centres and family entertainment centres. The Licensing
Authority also as well as issuesing a range of gaming permits and other
authorisations for gambling within the Borough. As a Licensing Authority, we are
also authorised empowered under the Act to impose conditions and review
licences, as well as take enforcement action when an offence under the Act has
been committed. or This includes when premises or activities are unlicensed, or
licence conditions are breached not complied with. This is coupled with powers of
entry and inspection to ensure compliance and the promotion of the Licensing
Objectives under the Act..
The Licensing Framework
1.2 In exercising most of our decision-making functions we the Licensing Authority
must have regard to the three Licensing Objectives set out in Section 1 of the
Gambling Act, namely:
● Preventing gambling from being a source of crime or disorder, being
associated with crime or disorder or being used to support crime
● Ensuring that gambling is conducted in a fair and open way
● Protecting children and other vulnerable persons from being harmed or
exploited by gambling
1.3 We are The Licensing Authority is also bound by section 153 of the Act, which
requires us, in making decisions concerning Premises Licences and Temporary
Use Notices, to aim to permit the use of premises for gambling insofar as we think
fit, subject to such decisions being:
● In accordance with any relevant code of practice under Section 24 of the
Act, the Licence Conditions and Codes of Practice (LCCP)
● In accordance with any relevant guidance issued by the Gambling
Commission
● Reasonably consistent with the licensing objectives; and
● In accordance with this Statement of Licensing Principles
1.4 The effect of this duty is that the Licensing Authority must approach our functions in a
way that seeks to regulate gambling by using our powers to moderate its impact on
the licensing objectives rather than initially starting out to preventing it all together.
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The Policy
1.5 Section 349 of the Act requires us the Licensing Authority to publish a Statement
of Principles (or policy) that we will apply when exercising our various functions
under the Act. This Statement of Principles fulfils that statutory requirement and
details throughout the document the Council’s general approach to the making of
licensing decisions.
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1.6 Nothing in this policy will override the right of any person to make an application
under the Act and have that application considered on its individual merits. Equally,
nothing in this policy will undermine the right of any person to make
representations on an application, or application or seek a review of a licence
where there is a legal power to do so.
1.7 This document should be read in conjunction with the Act, Regulations made under
the Act and Guidance issued by the Gambling Commission. Our Statement of
Principles is designed to be a strategic (Gambling) Licensing Policy, not an
operational guide to the Gambling Act or a guide to the application process.
1.8 This policy is supplemented by guidance documents for residents and the trade on
the application and licensing process. These documents will assist applicants and
objectors in understanding their rights and responsibilities under the Act in respect
of:
● Applying for licenses and other gambling permissions.
● Making representations.
● Complaints about a premises licensed under the Act and review rights.
● Committee hearings and the decision makingdecision-making process.
● The information is available on the Council’s website or on request by
contacting the Licensing Authority.
1.9 The licensing authority’s policy will have effect for a maximum of three
years and must be reviewed thereafter, but the Llicensing Authority may
review and alter the Policy at any time during the three yearthree-year
period. Where the Policy is reviewed and changes proposed the licensing
authority must consult on any revision.
CONSULTATION
1.10 The Council has, in accordance with the section 349(3) of the Gambling Act,
consulted with:
a. London Borough of Hillingdon Council Licensing Authority
b. The Gambling Commission
c. The Chief Officer of Police for the London Borough of Hillingdon
d. London Fire & Emergency Planning Authority, Hillingdon Fire Station
e. London Borough of Hillingdon Council Planning Authority
f. Hillingdon Local Safeguarding Board
g. HM Revenue and Customs
h. Authority for Vulnerable Adults
i. A Licensing Authority in whose area the premises are situated (i.e. the
Council itself and also any adjoining Council where premises straddle the
boundaries between the two).
j. Persons who appear to this authority to represent the interests of persons
carrying on gambling businesses in the borough of Hillingdon and
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neighbouring boroughs
k. Persons who appear to us to represent the interests of persons who are
likely to be affected by the exercise of this authority’s functions under the
Gambling Act 2005.
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1.11 A comprehensive list of the persons and/or bodies we have consulted is attached
at Annex A. A summary of the consultation responses can be found on the
Council’s website. The full list of comments made and consideration given to those
responses is available on request by contacting the Authority’s Licensing Service.
1.12 Our consultation took place between 132th September 20243 and 254th October 2024.2
DECLARATION
1.13 In producing the final Statement of Principles, this Licensing Authority declares that
it has had regard to the Licensing Objectives , the Gambling Act 2005, the
Guidance issued by the Gambling Commission and responses from those
consulted on the policy statement.
AUTHORISED ACTIVITIES
1.14 Gambling’ is defined in the Act as either gaming, betting or taking part in a lottery:
● Gaming means playing a game of chance for a prize
●
● Betting means making or accepting a bet on the outcome of a race, competition, or
any other event; the likelihood of anything occurring or not occurring; or whether
anything is true or not true
●
● A Lottery is where persons are required to pay in order to take part in an
arrangement, during the course of which one or more prizes are allocated by a
process that relies wholly on chance.
1.15 Private gaming in private dwellings and on domestic occasions is exempt from
licensing or registration providing that no charge is made for participating; only
equal chance gaming takes place; and it does not occur in a place to which the
public have access. Domestic betting between inhabitants of the same premises
or between employees of the same employer is also exempt.
1.16 Non-commercial gaming and betting (where no parts of the proceeds are for
private gain) may be subject to certain exemptions. Further advice should be
sought from the Council’s Licensing Team where appropriate.
LICENSING AUTHORITY FUNCTIONS
1.17 Under the Act, the Council Licensing Authority will be responsible for:
1.17
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● Licensing of premises where gambling activities are to take place by issuing
premises licences.
● Issuing Provisional Statements.
● Regulating Members’ Clubs and Miners’ Welfare Institutes who wish to
undertake certain gaming activities via issuing club gaming permits and/or club
machine permits.
● Issuing Club Machine Permits to commercial clubs.
● Granting permits for the use of certain lower stake gaming machines at
unlicensed Family Entertainment Centres.
● Receiving Notifications from Alcohol Licensed premises (under the Licensing
Act 2003) of the use of two or less gaming machines.
● Granting licensed premises gaming machine permits for premises licensed to
sell/supply alcohol for consumption on the licensed premises, under the
Licensing Act 2003, where more than two machines are required.
● Registering Small Society Lotteries below prescribed thresholds.
● Issuing Prize Gaming Permits.
● Receiving and endorsing Temporary Use Notices.
● Receiving Occasional Use Notices.
● Providing information to Gambling Commission regarding details of Licenses
issued (see section on Information Exchange).
● Maintaining Register of Licenses and Permits issued under these functions.
● Exercising its powers of enforcement under the Act in partnership with the
Gambling Commission and other relevant responsible Authorities.
1.18 It should be noted that licensing authorities are not involved in licensing remote
gambling at all, which is regulated by the Gambling Commission via operating
licenses.
RESPONSIBLE AUTHORITIES
1.19 These are generally public bodies that must be notified of all applications and who
are entitled to make representations to the Council if they are relevant to the
licensing objectives.
1.20 Within the meaning of Section 157 of the Act, those authorities are:
a) London Borough of Hillingdon Council Licensing Authority.
b) The Gambling Commission.
c) The Chief Officer of Police for the London Borough of Hillingdon (where
relevant, Chief Officer of Police for Heathrow).
d) London Fire & Emergency Planning Authority, Hillingdon Fire Station.
e) London Borough of Hillingdon Council Planning Authority.
f) London Borough of Hillingdon Council Environmental Protection Unit (i.e.
authority responsible for pollution and harm to human health).
g) Hillingdon Local Safeguarding Board.
h) HM Revenue and Customs.
i) Authority for Vulnerable Adults.
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j) A Licensing Authority in whose area the premises are situated (i.e. the
Council itself and also any adjoining Council where premises straddle the
boundaries between the two).
For Vessels only:
Section 211(4) of the Act provides that the following are Responsible Authorities
in addition to the authorities listed under section 157 of the Act:
A. The Navigation Authority (whose statutory functions are in relation to
waters where the vessel is usually moored or berthed)
B. The Environment Agency,
C. British Waterways and
D. The Secretary of State for Digital, Culture, Media and Sport (DDCMS).
1.21 Subject to any other person being prescribed in Regulations by the Secretary of
State. The contact addresses for these authorities are illustrated at Annex B, or
available via the Council’s website.
DESIGNATED BODY PROTECTING CHILDREN FROM HARM
1.22 The Council is required by regulations to state the principles it will apply in
exercising its powers under Section 157(h) of the Act to designate, in writing, a
body which is competent to advise the Licensing Authority about the protection of
children from harm.
1.23 The principles are that:
● The designated body must be responsible for an area covering the whole of
the Licensing Authority’s area.
● The designated body must be answerable to democratically elected
persons, rather than any particular vested interest group etc.
1.24 In accordance with the Gambling Commission’s Guidance for local authorities this
authority designates the Local Safeguarding Children Board for this purpose.
1.25 The remit of the Board is to co -ordinate and scrutinise arrangements for
safeguarding and promoting the welfare of Hillingdon's children. It operates
throughout the Borough, is responsible for the area covered by the Licensing
Authority and this Policy; an d has specialist knowledge and experience in the
protection of children to fulfil this role.
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INTERESTED PARTIES
1.26 Interested parties can make representations about licence applications , or apply
for a review of an existing licence. (see annex A with regard to Councillors making
representations). For the purposes of the Gambling Act 2005 interested parties will
include persons who:
● Live sufficiently close to premises carrying out gambling activities.
● Have business interests that might be affected; and
● Represent persons listed above.
1.27 We are required by regulations to state the principles we will apply in exercising
our powers under the Gambling Act 2005 to determine whether a person is an
interested party. This Licensing Authority's principles are set out in the following
paragraphs:
1.28 Each case will be decided upon its merits. We will not apply a rigid rule to our
decision- making. In the case of doubt, the benefit will be given to the party making
the representation until the contrary can be shown.
1.29 Interested parties can include trade associations and unions; and residents’ or
tenants’ associations, providing that they can show they represent someone who
would be classed as an interested party in their own right. Within the meaning of
the Act, interested parties can also be persons who are democratically elected
such as Councillors and MPs.
1.30 Generally, the principles we will apply when deciding whether or not a person is
an interested party will include looking at the size of the premises where larger
premises may be considered to affect people over a broader geographical area
compared to smal ler premises offering similar facilities and the nature of the
activities being conducted on the premises. As to the different elements of the
definition of “Interested Party”, the Licensing Authority will take into account the
following specific matters of principle:
1.31 Persons living "Sufficiently Close"
The Licensing Authority recognises "sufficiently close to be likely to be affected"
could have a different meaning for, for instance, a private resident, a residential
school for children with problems and a residential hostel for vulnerable adults and
will therefore deal with each representation on its individual merits.
1.32 In determining whether someone lives sufficiently close to a particular premises as
to likely to be affected by the authorised activities the Council may take account of
the:
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● Size of the premises.
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● Nature of the premises.
● Nature of the authorised activities being proposed.
● Distance of the premises from the person making the representation.
● Characteristics of the complainant.
● Potential impact of the premises.
1.33 Persons with business interests likely to be affected
With regard to those persons with business interests that could be affected, the
Licensing Authority will (in addition to the factors set out in paragraph 1.38 above)
need to be satisfied that the relevant business is indeed likely to be affected and
the following factors will therefore be taken into account:
i) The ‘catchment’ area of the premises (i.e. how far people travel to visit);
ii) Whether the person making the representation has business interests in
that catchment area that might be affected.
iii) Whether or not the representation is purely based on ‘competition’ as the
Licensing Authority does not consider this to be a relevant representation.
1.34 Persons/bodies representing persons named above
With regard to persons representing persons living sufficiently close and persons
having business interests that may be affected, the Licensing Authority will include
trade associations and unions.
1.35 Where a Councillor represents an interested party, in order to avoid conflict of
interest, the Councillor cannot be part of the Licensing Committee dealing with the
licence application. When in doubt, Councillors are asked to contact the Council's
Legal Services to gain further advice.
1.36 Other than Councillors and MPs, this authority will require written evidence that a
person represents someone who either lives sufficiently close to the premises to
be likely to be affected by the authorised activities and/or business interests that
might be likewise affected. A letter from one of these persons confirming their wish
to be represented will be sufficient.
Representations
1.37 ‘Interested Parties’ and ‘Responsible Authorities’ may make comments to an
application in the form of a Representation. Representations must be ‘relevant’
and should therefore include one or more of the following:
• relate to the licensing objectives
• relate to this gambling policy
• relate to Gambling Commission’s Guidance
• relate to the Gambling Commission’s Codes of Practice
• relate to the premises concerning that application
• are not frivolous nor vexatious
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Exchange of Information
1.371.38 Under the Gambling Act, we will have a key role in providing information to the
Gambling Commission to assist it in carrying out its functions. This Licensing
Authority recognises the need to work closely with the Gambling Commission in
exchanging information as and when required.
1.381.39 As the Licensing Authority we are required to include in our policy statement the
principles we intend to apply in exercising the functions under sections 29 and 30
of the Act with respect to the exchange of information between us and the
Gambling Commission, and the functions under section 350 of the Act with
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respect to the exchange of information between us and the other persons listed
in Schedule 6 to the Act.
Statement of Principles
1.391.40 This Licensing Authority will act in accordance with the provisions of the
Gambling Act 2005 in its exchange of information which includes the provision that
the General Data Protection Regulations 2018 will not be contravened. The
Licensing Authority will also have regard to any Guidance issued by the Gambling
Commission to Local Authorities on this matter, as well as any relevant regulations
issued by the Secretary of State under the powers provided in the Gambling Act
2005.
1.401.41 Details of applications and representations which are referred to a Licensing
Sub-Committee for determination will be published in reports that are made
publicly available in accordance with the Local Government Act 1972 and the
Freedom of Information Act 2000. Personal details of people making
representations will be disclosed to applicants and only be withheld from
publication on the grounds of personal safety where the Licensing Authority is
asked to do so.
1.411.42 The Licensing Authority will normally share the information it holds about
licensed premises with the Gambling Commission, Local Police Enforcement in
Hillingdon; and with other Responsible Authorities where there is a need for
exchange of information on specific premises.
1.421.43 We are aware that the Gambling Commission recommends in its Guidance to
Local Authorities that a Protocol for the sharing of such information should be
established between, us, the Licensing Authority, the Gambling Commission itself
and relevant Responsible Authorities in order to target agreed problem and high
risk premises that require greater attention while providing a lighter touch in
respect of well-run, low risk premises.
Partnership Working
1.431.44 The local authority shall work in partnership with the Gambling Commission to
regulate gambling. In doing so the Commission will tend to focus on operators and
issues of national or regional significance whilst the Licensing Authority will take
the lead on regulating gambling locally.
1.441.45 The Commission and licensing authorities may work directly together on
particular issues. By working in collaboration jointly we are able to prevent such
risks growing into a more widespread problem and to ensure that both the
Commission and Licensing Authority resources are used efficiently.
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1.451.46 Licensing authorities should aim to work with local businesses to reduce the risk
to the licensing objectives to acceptable levels. The Act does not envisage
regulation by either the Commission or licensing authorities being aimed at
preventing legitimate gambling.
Enforcement
1.461.47 Licensing authorities are required by regulation under the Gambling Act 2005 to
state the principles to be applied by the authority in exercising the functions under
Part 15 of the Act with respect to the inspection of premises; and the powers under
section 346 of the Act to institute criminal proceedings in respect of the offences
specified.
1.471.48 This Licensing Authority’s principles are that:
● It will be guided by the Gambling Commission’s Guidance for local
authorities and it will endeavour to be:
● Pr
● Proportionate: we will only intervene when necessary, remedies will
be appropriate to the risk posed, and costs identified and minimised.
●
● Accountable, with decisions being justifiable, and be subject to public
scrutiny.
●
● Consistent: rules and standards will be joined up and implemented
fairly.
●
● Transparent and Open: Licence conditions will be kept simple and
user friendly.
●
● Targeted: rRegulation will be focused on the problem, and
minimise side effects.
The Council will avoid duplication with other regulatory regimes so far
as possible.
● This licensing authority will also keep itself informed of developments
as regards the work of the Better Regulation Executive in its
consideration of the regulatory functions of local authorities.
Furthermore, the licensing authority will take into account any
guidance issued by the Better Regulation Executive.
●
● We note the Gambling Commission’s guidance that: in order to ensure
compliance with the law, this Licensing Authority must prepare a Risk-
- based Inspection Programme and that we carry out regular ‘routine’
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day time programmed inspections, based on risk assessment in the
categories High, Medium and Low; and that we also carry out ‘non
routine’ evening programmed inspections. Where one -off events are
taking place under a Temporary Use Notice or Occasional Use Notice,
the Licensing Authority may also carry out inspections to ensure the
Licensing Objectives are being promoted.
●
● High-risk premises are those premises that require greater attention
with low- risk premises needing only a lighter touch so that resources
are effectively concentrated on problem premises.
1.481.49 Enforcement may include test purchasing activities to measure compliance of
licensed operators with aspects of the Gambling Act. When undertaking test
purchase activities, this licensing authority will undertake to liaise with the
Gambling Commission and the operator to determine what other, if any, test
purchasing schemes may already be in place. Irrespective of the actions of an
operator on their overall estate, test purchasing may be deemed an appropriate
course of action.
1.491.50 The Licensing Authority should consult with operators in the first instance
where they have concerns about the underage access and age verification policies
or whose they plan to test purchase. This will enabl e the Licensing Authority to
identify what programmes are in place to manage the business risk and take these
into account in planning a test purchase exercise.
1.501.51 The Licensing Authority should consult with the Gambling Commission before
undertaking any test purchasing operations . This is to ensure that there is no
conflict between any ongoing investigation or enforcement activity related to either
the premises or the operator. Furthermore, the Licensing Authority shall share any
test purchasing results with the Gambling Commission.
1.511.52 The main enforcement and compliance role for this licensing authority in terms
of the Gambling Act 2005 will be to ensure compliance with the Premises Licences
and other permissions which is authorises.
1.521.53 Authorised persons of the licensing authority exercise their inspection powers in
accordance with the Act, the guidance and the principles set out in the Llicensing
Aauthority’s policy.
1.531.54 Any enforcement action taken in relation to the duties of this Licensing
Authority under the Gambling Act 2005 will comply with the London Borough of
Hillingdon Council's current 'Prosecutions and Sanctions Policy'
1.541.55 Enforcement Officers will also comply with 'The Code for Crown Prosecutors
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published by the Crown Prosecution Service which can be accessed at:
1.55 https://www.cps.gov.uk/publication/code-crown-prosecutors
1.56
1.571.56 The Gambling Commission will be the enforcement body for the Operator and
Personal Licences. Concerns about manufacture, supply or repair of gaming
machines will not be dealt with by the licensing authority but will be notified to the
Gambling Commission. This authority also understands that the Gambling
Commission will be responsible for compliance as regards unlicensed premises.
1.581.57 In considering enforcement action, the Licensing Authority will bear in mind the
Human Rights Act 1998, in particular:
i) Article 1 of the First Protocol: that every person is entitled to the peaceful
enjoyment of his or her possessions, including for example the possession
of a licence.
ii) Article 6: that in the determination of civil rights and obligations everyone is
entitled to a fair hearing within a reasonable time by an independent and
impartial tribunal established by law.
iii) Article 8: that everyone has the right to respect for his or her home and
private family life.
iv) Article 10: that everyone has the right to freedom of expression within the
law.
v) Equality Duty
1.59
1.601.58 The Licensing Authority have a public sector equality duty to the following
protected characteristics:
• Age
• Disability
• Sex, gender reassignment, sexual orientation
• Pregnancy and maternity
• Race, religion or belief
• Marriage and civil partnership
1.61
1.621.59 Under s.149 of the Equality Act 2010 a Public Authority must in the exercise of
its function have due regard to the need to:-
(a) eliminate discrimination, harassment, victimisation and any other conduct that is
prohibited under the 2010 Act
(b) advance equality of opportunity between persons who share a relevant protected
characteristic and persons who do not share it
(c) foster good relations between persons who share a relevant protected
characteristic and persons who do not share it
1.631.60 The Licensing Authority has considered the Equality and Diversity issues that
may arise from the Policy. The Licensing Authority considers that this policy does
not raise any concerns with regard to equality and diversity
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Modern Day Slavery
1.64
1.61 The Licensing Authority acknowledges the implementation of the Modern Day
Slavery Act 2015 and will therefore fully take on their responsibilities and statutory
duties under the Act.
1.62 This Licensing Authority recognises the role it can play in proactively preventing
modern slavery, which includes consideration of:-
• Identification and referral of victims during inspections and visits
• Reporting and referring for investigation via the National Crime Agency’s national
referral mechanism any of its licence holders or managers of premises as a cause
for concern
• Assisting partners with Community safety services and disruption activities.
• Primary Authority
1.65 The Primary Authority (PA) scheme, administered by the Office for Product Safety
and Standards provides for a statutory partnership to be formed between a
business and a single authority. That single authority, the PA, can provide a
national inspection strategy within which other local regulators can operate
(Primary Authority statutory guidance), to improve the effectiveness of visits by
local regulators an d enable better sharing of information between them. The PA
scheme therefore aims to ensure that local regulation is consistent at the national
level.
1.63
1.66 Since October 2013, the PA scheme has been extended to include age-restricted
sales of gambling in England and Wales . It does not apply to any other aspect of
the Act. This means that the Licensing Authority must follow any age restricted
sales of gambling national inspection plans and strategies that are published on
the PA register when considering proactive age restricted sales (gambling) activity
including testing.
1.64
Advertising
1.671.65 The Act permits the advertising of gambling in all forms, provided that it is legal
and there are adequate protections in place to prevent such advertisements
undermining the licensing objectives. The Advertising Standards Authority (ASA)
is the UK’s independent regulator of advertising. It enforces the UK Advertising
Codes (the Codes), written by the Committees of Advertising Practice. The Codes
cover the content and placement of advertising and are designed to ensure that
advertisements for gambling products are socially responsible, with particular
regard to the need to protect children, young persons under 18 and other
vulnerable persons from being harmed or exploited. The Codes also require that
advertisements for gambling products or services do not mislead. Any complaint
about the content and placement of advertising or marketing communications
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should be sent directly to the ASA.
1.68 Direct Marketing
1.69
1.701.66 Gambling premises are required to provide customers with options to opt-
in to direct marketing based on the product types (for example betting, bingo
and casino) they are interested in and the channels (for example email, SMS)
through which they wish to receive marketing.
Human Rights
1.71
1.721.67 When considering applications and taking enforcement action, the Licensing
Authority will be subject of the Human Rights Act 1998 and should bear in mind
• Article 1 – peaceful enjoyment of possessions.
• Article 6 – right to a fair hearing
• Article 8 – respect for private and family life
• Article 10 – right to freedom of expression
Counter- Terrorism
1.68 Applicants for gambling premises are encouraged to consider:
• Undertaking a terrorism threat risk assessment to ensure that any security
related concerns are identified and , appropriate reasonable and
proportionate steps are taken to reduce any risks from a terrorist attack,
and
• Undertaking an ACT security plan, including completion of a preparedness
plan, information sharing and training.
1.69 More relevant information and advice regarding counter terrorism measures
can be found on the Protect UK Website:
www.protectuk.police.uk
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PART 2
PROMOTING THE LICENSING OBJECTIVES
2.1 In exercising its functions under the Gambling Act 2005, London Borough of
Hillingdon Council will have regard to the three statutory licensing objectives, which
are:
(i) Preventing gambling from being a source of crime or disorder, being
associated with crime or disorder or being used to support crime.
(ii) Ensuring that gambling is conducted in a fair and open way.
(iii) Protecting children and other vulnerable persons from being harmed or
exploited by gambling.
2.2 In promoting these objectives, the Council has considered the Gambling
Commission’s Guidance to Local Authorities and makes the following observations
as to the principles it intends to apply when considering the three objectives:
PREVENTING GAMBLING FROM BEING A SOURCE OF CRIME OR DISORDER,
BEING ASSOCIATED WITH CRIME OR DISORDER OR BEING USED TO SUPPORT
CRIME.
2.3 The Gambling Commission will play a leading role in preventing gambling from
being a source of crime and will maintain rigorous licensing procedures that aim to
prevent criminals from providing facilities for gambling.
2.4 Anyone applying to the Council for a Premises Licence will have to hold an
Operating Licence from the Gambling Commission before a licence can be issued.
Therefore, the Council will not generally be concerned with the suitability of an
applicant. However, if during the course of considering a Premises Licence
application or at any other time, the Licensing Authority receives such information
that causes it to question the suitability of the applicant; those concerns will be
brought to the immediate attention of the Gambling Commission.
2.5 If an application for a licence or permit is received in relation to premises which are
in an area noted for particular problems with organised crime or crime directly
associated with gambling premises, the Council will, in consultation with the Police
and other relevant Responsible Authorities, consider whether specific controls
need to be applied to prevent those premises from being a source of crime. In
appropriate circumstances, the Licensing Authority may consider appropriate
conditions to be attached to the Licence, such as Door Supervisors.
2.6 Issues of disorder should only be dealt with under the Act if the disorder amounts
to a form of activity, which is more serious and disruptive than mere nuisance and
it can be shown that gambling is the source of that disorder. A disturbance
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might be serious enough to constitute disorder if police or ambulance assistance
was required to deal with it. Another factor which could be taken into account is
how threatening the behaviour was to those who could see or hear it, and whether
those people live sufficiently close to be affected or have business interests that
might be affected.
2.7 The Licensing Authority recognises that disorder may be focused on premises and
therefore recommends an applicant takes such controls as necessary to prevent
such disorder and nuisance. Examples may include thought given to the way that
gambling is conducted on the premises, sighting of large payout machines, levels
of noise from public address systems that should ideally be sited at the back of the
premises away from residential areas.
2.8 Where there are persistent levels of disorder, the Licensing Authority will liaise
closely with the Gambling Commission to consider the suitability of the applicant
as an operator. In addition, the Licensing Authority will strive to have a good
working relationship with the Police in accordan ce with any protocol that is
currently in place.
ENSURING THAT GAMBLING IS CONDUCTED IN A FAIR AND OPEN WAY
2.9 All gambling should be fair in the way it is played with transparent rules such that
players know what to expect. Examples may include easily understandable
information being made available on the rules and probability of winning/losing,
ensuring the rules are fair and that advertising is not misleading. Further
recommendations would be to ensure that the results of competitions/events ar e
made public; and that machines, equipment and software meet the required
standards set by the Gambling Commission.
2.10 Generally, it is for the Gambling Commission to ensure this Licensing Objective is
complied with through the Operating and Personal Licence regime covering the
management of a gambling business and the suitability and actions of an
individual.
2.11 However, with regard to Race Tracksracetracks, where Betting Track Operators
do not need an Operator's Licence from the Gambling Commission, the role of the
Licensing Authority is more significant. The Licensing Authority, in certain
circumstances, may seek to impose conditions to ensure that the environment in
which betting takes place i s suitable. The Licensing Authority may wish to know
the nature of the venue, have sight of a plan of the track which would include
access to the tent where gambling is to take place, where the operators will
conduct on course betting and whether or not there are any off courseoff-course
betting operators.
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PROTECTING CHILDREN AND OTHER VULNERABLE PERSONS FROM BEING
HARMED OR EXPLOITED BY GAMBLING
2.12 Apart from one or two limited exceptions, the intention of the Act is that children
and young person 's should not be allowed to gamble and should therefore be
prevented from entering gambling premises which are ‘adult-only’ environments.
2.13 This Authority notes and endorses the Gambling Commission statement that: “The
requirement in relation to children is explicitly to protect them from being harmed
or exploited by gambling “.
2.14 In practice, steps will generally be taken to prevent children from taking part in, or
being in close proximity to, gambling, where they are not legally permitted to do
so, especially with regard to premises situated in areas where there may be a high
rate of reported truancy. There may also 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. The advertising of Gambling
services is regulated by the Gambling Commission under the Gambling (Licensing
and Advertising) Act 2014. In relation to casinos only, the Gambling Commission
will be issuing a code of practice about access to casino premises for children and
young persons.
2.15 When considering whether to grant a premises licence or permit the Council will
consider whether any measures are necessary to protect children or vulnerable
young persons from being harmed or exploited by gambling, such as the
supervision of entrances, th e segregation of gambling from areas frequented by
children and the supervision of gaming machines in non -adult gambling specific
premises, such as pubs, clubs, betting tracks etc. These measures will be
particularly relevant on mixed use premises, tracks where children have freedom
of movement in betting areas on race days and in particular to the non -gambling
areas of casinos. Other such measures may include appropriate signage, location
of machines and numbers of staff on duty.
2.16 Whilst the Gambling Act does not prohibit vulnerable groups in the same manner
as children and young persons, with regard to vulnerable people, the Licensing
Authority will consider whether or not any measures have been taken to protect
such a group. Any s uch considerations will be balanced against the Licensing
Authority’s aim to permit the use of premises for gambling; each application will be
treated on its own merit. The term "vulnerable persons" has not been defined under
the Act, but in seeking to pro tect vulnerable people the Council will consider that
“vulnerable persons” include (but not limited to):
(i) People who gamble more than they want to.
(ii) People who gamble beyond their means, and
(iii) People who may not be able to make informed or balanced decisions
about gambling, perhaps due to a mental impairment, alcohol or drugs.
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2.17 Gambling operators will be expected to demonstrate that they have adequate
training and staffing procedures in place to ensure that vulnerable persons are
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protected from gambling related harm. Staff working at gambling premises will also
need to be aware of challenges present in the local area and vicinity of the licensed
premises which may impact on the protection of children and vulnerable persons.
2.18 Children (defined in the Act as under 16s) and young persons (16 -17s) may take
part in private and non -commercial betting and gaming but the Act contains a
number of restrictions on the circumstances in which they may participate in
gambling or be on premises where gambling is taking place. An adult is defined as
18 and over. In summary:
i) Betting Shops cannot admit anyone under the age of 18.
ii) Bingo Clubs may admit those under the age of 18 but must have policies to
ensure they do not gamble, except on category D machines.
iii) Adult Entertainment Centres cannot admit those under the age of 18.
iv) Family Entertainment Centres and premises with an alcohol premises
licence such as pubs) can admit under-18s, but they may not play category
C machines which are restricted to those over the age of 18.
v) Clubs with a Club Premises Certificate can admit under-18s, but they must
have policies to ensure those under the age of 18 do not play machines
other than category D machines.
vi) Tracks will be required to have policies to ensure that under 18s do not
participate in gambling other than on category D machines.
2.19 With this Licensing Objective in mind, the Licensing Authority will take particular
care when considering applications for more than one licence for a building and
those relating to a discrete part of a building used for other non-gambling purposes,
such as shopping malls or airport terminals. Where relevant, applicants will be
expected to take measures to ensure young persons, and children are not in close
proximity to gambling. Such measures could include sighting machines at the back
of a premises so as to ensure young children do not have sight of such machines,
not advertising gambling so as to encourage children and ensuring there is no
accidental access to observe or enter premises used for gambling.
2.20 The Licensing Authority recommends that measures are taken to ensure entrances
and exits from parts of a building covered by one or more licences are separate
and identifiable so that people do not drift into a gambling area in error. Such
measures could i nclude appropriate signage, physically separating Family
Entertainment Centres and Adult Gaming Centres, and supervision of entrances.
2.21 The Licensing Authority will pay particular attention to applications where access
to the licensed premises is through another premises and will consider whether or
not children can gain access; the compatibility of the two establishments and its
ability to comply with the requirements of the Gambling Act. The Licensing
Authority will also consider whether the co-location of the licensed premises with
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other facilities will create an arrangement that is likely to be prohibited under the
Act.
2.22 The Licensing Authority will consider multiple licences carefully and applicants are
recommended to configure these buildings carefully if they seek to develop
multipurpose developments and in particular consider how they will protect
children from being harmed by gambling as well as preventing children from being
in close proximity to gambling. Applicants are also requested to consider entrances
and exits from parts of the building covered by one or more licences. These exits
and entrances should be separate and identifiable to ensure children do not ‘drift’
into a gambling area.
2.23 The Licensing Authority recommends that all staff are suitably trained and aware
of the Gambling laws, social responsibility and statutory requirements related to
age restrictions on gaming machines. Appropriate measures should be taken to
prevent under age underage use of such machines, including clear and
appropriate signage, an approved Proof of Age scheme, a requirement for staff to
be vigilant and aware at all times and ensuring the Adult Gaming area is not visible
from the street.
2.24 The Council will always treat each case on its own individual merits and when
considering whether specific measures are required to protect children and other
vulnerable people it will balance its considerations against the overall principle of
aiming to permit the use of premises for gambling.
2.25 When determining the location of proposed gambling facilities, this Licensing
Authority in appropriate circumstances, will have regard to any Local Risk
Assessment detailed in this policy and will consider very carefully the following
factors when consider ing applications for Premises Licences, permits and other
permissions:
i) Proximity of premises to local schools.
ii) Proximity of premises to centres that pose a high risk to vulnerable and
young persons.
iii) Proximity of premises to residential areas where there is a high
concentration of children and young people.
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PART 3
INTEGRATING STRATEGIES AND OTHER REGULATORY REGIMES
INTEGRATING STRATEGIES
3.1 The Council considers that the Licensing Statement of Principles should provide
clear indications of how we, as Licensing Authority, will secure the proper
integration of this policy with local crime prevention, planning, transport, tourism,
equalities and diversity schemes together with other Council plans introduced for
the management of town centres and the night -time leisure economy. Many of
these strategies are not directly related to the promotion of the three licensing
objectives, but indirectly impact upon them. Coordination and integration of such
policies, strategies and initiatives, so far as is possible and consistent with the
licensing objectives, is therefore important to us. We will liaise with the relevant
authorities or its directorates with regard to thi s and in doing so adopt a multi -
disciplinary approach to ensure proper integration of local and national strategies
to promote the licensing objectives, including making arrangements for the
Council’s Licensing Committee to receive reports from time to time on the:
i) Needs of the local tourist economy;
ii) Cultural strategy for the area;
iii) Employment situation in the area and the need for new investment and
employment where appropriate;
iv) Local Crime Prevention Strategies;
v) Race Equality Schemes;
vi) Enforcement Policy.
3.2 Reports to the Licensing Committee from other relevant departments should
enable the various agencies or departments with their own strategies, aims and
objectives to keep the Licensing Committee aware of the wider picture in
pursuance of the licensing obj ectives. It is our intention that we will, through the
Council's Licensing Committee, monitor how the matters above set out impact on
the licensing of gambling activities and facilities and other functions in order to
achieve seamless integration of our li censing function with other relevant
strategies and initiatives.
3.3 In order to avoid duplication with other statutory regimes, the Licensing Authority
will not attach conditions to a licence unless they are considered necessary for the
promotion of the licensing objectives. Conditions will generally be considered
unnecessary if they are already adequately covered by other legislation.
3.4 Similarly, where other legislation confers powers on inspection and enforcement
agencies in relation to separate activities and concerns relating to licensed
premises, this policy does not affect the continued use of such powers by the
relevant agency.
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3.5 This authority will seek to avoid any duplication with other statutory or regulatory
systems where possible, including the statutory planning regime.
3.6 We emphasise that under section 210 of the Act this Licensing Authority is not
entitled to have regard to whether or not a proposal by the applicant is likely to be
permitted in accordance with the law relating to planning or building control.
3.7 The Planning Department are a Responsible Authority under this Act and have the
opportunity to make representations should they desire so to do. The Licensing
Authority will therefore consider relevant representations from the local planning
authority about the effect of the grant of a premises licence on an extant planning
permission where this relates to the licensing objectives, a Commission code of
practice, or this Statement of Policy. This authority will also listen to, and consider
carefully, any con cerns about conditions that cannot be met by licensees due to
planning restrictions, should such a situation arise. Otherwise, the two regimes will
be treated as completely separate.
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PART 4
LOCAL RISK
ASSESSMENTS AND
LOCAL AREA
PROFILE
Local Risk Assessments
4.1 The Gambling Commission's Licence Conditions and Code of Practice (LCCP)
which were revised and published in October 2020 formalised the need for
operators to consider local risks.
4.2 Social Responsibility (SR) code 10.1.1 requires licensees 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
the risks. In undertaking the risk assessments, they must take into account the
relevant matters identified in this policy statement.
4.3 Licensees are required to undertake a local risk assessment when applying for a
new premises licence. Their risk assessment must also be updated:
4.3
● When applying for the variation of a premises licence.
● To take account of significant changes in local circumstances, including
those identified in this policy statement.
● Where there are significant changes licensee's premises that may affect their
mitigation of local risks.
4.4 The SR provision is supplemented by an ordinary code provision that requires
licensees to share their risk assessment with the licensing authority when applying
for a premises licence or applying for a variation to existing licensed premises, or
otherwise at the request of the licensing authority.
4.5 Where concerns do exist, perhaps prompted by new or existing risks, the licensing
authority will request that the licensee share a copy of its own risk assessment
which will set out the measures the licensee has in place to address specific
concerns. This practice should reduce occasions on which a premises review and
the imposition of licence conditions are required.
4.6 Where this policy statement sets out its approach to regulation with clear reference
to local risks, the licensing authority will facilitate operators being able to better
understand the local environment and therefore proactively mitigate risks to the
licensing objectives. In some circumstances, it might be appropriate to offer the
licensee the opportunity to volunteer specific conditions that could be attached to
the premises licence.
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Local Area Profile
4.7 The licensing authority can complete their own assessment of the local
environment as a means of ' mapping out' local areas of concern, which will be
reviewed and updated to reflect changes to the local landscape. Such an
assessment is known as the local area profile. There is no statutory duty on the
licensing authority to complete a local area profile ; however benefits for both the
licensing authority and operators would be in having a better awareness of the
local area and risks. Importantly, risk in this context includes potential and actual
risk, thereby taking into account possible future emerging risks, rather than
reflecting current risks only.
4.8 There is no mandatory requirement to have a local area profile and the licensing
authority will, where appropriate, engage with responsible authorities ensure any
new or variation application assessed taking the local area profile and any risks
into account.
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PART 5
PREMISES LICENCES
GENERAL PRINCIPLES
5.1 Premises Licences authorise the provision of gambling facilities on the following:
i) Casino Premises.
ii) Bingo Premises.
iii) Betting Premises, including race tracks used by betting intermediaries
iv) Adult Gaming Centres.
v) Family Entertainment Centres.
5.2 Except in the case of Tracks (where the occupier may not be the person offering
gambling), Premises Licences will only be issued to people persons, including
limited companies with the relevant Operating Licences.
5.3 The Gambling premises fees are set out in The Gambling (Premises Licence
Fees) (England and Wales) Regulations 2007 and can be viewed at:
www.hillingdon.gov.uk/gambling.
5.25.4 Premises Licences will be subject to the permissions/restrictions set out in the
Gambling Act 2005 and regulations, as well as specific mandatory and default
conditions which will be detailed in Regulations issues by the Secretary of state.
5.3
5.45.5 We as the Licensing Authority will be able to exclude default conditions and also
attach other conditions, where we believe it to be appropriate.
5.55.6 Under the Act, the Licensing Authority Hillingdon Council has no discretion to
grant Premises Licences in circumstances where that would mean departing from
the Gambling Commission Guidance and Codes of Practice and this Licensing
Authority’s own Statement of Licensing Principles. Therefore, our primary focus
shall be to aim to permit the use of premises for gambling in so far as we think it
is:
i) In accordance with the ‘Licence Conditions and Codes of Practice’, issued
by the Gambling Commission.
ii) In accordance with the ‘Guidnce to Licensing Authorities’, w i t h t h e
‘ G u i d a n c e t o L i c e n s i n g A u t h o r i t i e s ’ , issued by
the Gambling Commission.
iii) Consistent with the Licensing Objectives.
iv) In accordance with this Statement of Licensing Principles.
5.65.7 The Council appreciates that gambling can be an emotive subject but
acknowledges and endorses the Gambling Commission Guidance that “moral
objections to gambling are not a valid reason to reject applications for premises
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licences “ (except as regards any “no casino resolution”) and also that unmet
demand is not a criterion for a Licensing Authority.
5.75.8 We recognise that the responsibility for an individual's gambling is his or her own
and that the responsibility to exercise a duty of care lies with the site operator.
However, the Licensing Authority recommends applicants for Adult Gaming
and Family Entertainment Centres consider adopting relevant guidance published
by the British Amusement Catering Trade Association (BACTA)
Definition of Premises
5.85.9 The Council will act in accordance with the gambling commission guidance on
ensuring the primary activity of the licensed premises. Gaming machine s may be
available in licensed betting premises only at times when there are also sufficient
facilities or betting operators. They will also need to demonstrate that betting will
continue to be the primary activity of a premise s when seeking variations to
licences.
In making this determination, the Llicensing Aauthority will have regard to the six
indicators on betting as a primary gambling activity:
● The offer of established core product (including live events pictures and its
range).
● The provision of information on products and events.
● The promotion of gambling opportunities and products.
● The actual use made of inspecting facilities.
● The size of premises.
● The delivery of betting facilities.
5.95.10 Premises are defined in the Act as “any place”. Different premises licences
cannot apply in respect of a single premise at different times. It is however possible
for a single building to be subject to more than one premises licence, providing that
each licence is for a different part of the building and such different parts can
reasonably be regarded as different premises.
5.11 The Council Licensing Authority will judge each case on its individual merits to
decide as a matter of fact, whether different parts of a building can be properly
regarded as being separate premises..
5.10 In addition to
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5.12 In addition to other relevant factors, the Licensing Authority Council will have
regard to the Gambling Commission guidance which lists the following factors
which may be taken into account:
● Do the premises have a separate registration for business rates?
● Is the premises' neighbouring premises owned by the same person or
someone else?
● Can each of the premises be accessed from the street or public
passageway?
● Can the premises only be accessed from another gambling premises?
5.115.13 We note that the Gambling Commission, in their guidance, do not consider that
areas of a building that are artificially or temporarily separate can be properly
regarded as different premises. We support this view.
5.125.14 This licensing authority takes particular note of the Gambling Commission’s
Guidance for Local Authorities, which states that:
i) Licensing Authorities should take particular care in considering applications
for multiple licences for a building and those relating to a discrete part of a
building used for other (non-gambling) purposes. In particular, they should be
aware that entrance s and exits from parts of a building covered by one or
more licences should be separate and identifiable so that the separation of
different premises is not compromised and that people do not ‘drift’ into a
gambling area.
ii) Licensing authorities should pay particular attention to applications where
access to the licensed premises is through other premises (which themselves
may be licensed or unlicensed). Clearly there will be specific issues that
authorities should consider before granting such applications, for example,
whether children can gain access; compatibility of the two establishments;
and the ability to comply with the requirements of the Act. But in
additionaddition, an overriding consideration should be whether, taken as a
whole, the co -location of the licensed premises with other facilities has the
effect of creating an arrangement that otherwise would, or should, be
prohibited under the Act.
Provisional Statement
5.15 Under the Act an applicant may apply for a Provisional Statement where a
premises is under construction . The Gambling Commission has advised that
reference to the term, “the premises” are to the premises in which gambling may
now take place. Therefore, a licence to use premises for gambling will only be
issued in relation to premises that are ready to be used for gambling or are
intended to be used for gambling.
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