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Wednesday 9th October 2024 • View on LB Hillingdon’s website
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👥 Attendance details📄 Agenda frontsheet PDF 332 KB📦 Agenda reports pack PDF 3 MB📝 Printed minutes PDF 220 KB
Read the text of: Agenda frontsheet PDF 332 KB (3 pages)
Lloyd White Head of Democratic Services London Borough of Hillingdon, Phase II, Civic Centre, High Street, Uxbridge, UB8 1UW Putting our residents first Licensing Committee To Members of the Committee: Becky Haggar (Chair) Darran Davies (Vice-Chair) Reeta Chamdal Shehryar Ahmad-Wallana Peter Smallwood Kelly Martin Scott Farley Janet Gardner Kuldeep Lakhmana Barry Nelson-West Date: WEDNESDAY 9 OCTOBER 2024 Time: 10.00 AM Venue: COMMITTEE ROOM 5 - CIVIC CENTRE Meeting Details: The public and press are welcome to attend and observe the meeting. For safety and accessibility, security measures will be conducted, including searches of individuals and their belongings. Attendees must also provide satisfactory proof of identity upon arrival. Refusal to comply with these requirements will result in non- admittance. This meeting may be broadcast on the Council’s YouTube channel. You can also view this agenda online at www.hillingdon.gov.uk Published: Tuesday 1 October 2024 Contact: Anisha Teji Tel: 01895 277655 Email: Ateji@hillingdon.gov.uk Useful information for residents and visitors Travel and parking Bus routes 427, U1, U3, U4 and U7 all stop at the Civic Centre. Uxbridge underground station, with the Piccadilly and Metropolitan lines, is a short walk away. Limited parking is available at the Civic Centre. For details on availability and how to book a parking space, please contact Democratic Services. Please enter via main reception and visit the security desk to sign-in and collect a visitors pass. You will then be directed to the Committee Room. Accessibility For accessibility options regarding this agenda please contact Democratic Services. For those hard of hearing an Induction Loop System is available for use in the various meeting rooms. Attending, reporting and filming of meetings For the public part of this meeting, residents and the media are welcomed to attend, and if they wish, report on it, broadcast, record or film proceedings as long as it does not disrupt proceedings. It is recommended to give advance notice to ensure any particular requirements can be met. The Council will provide a seating area for residents/public, an area for the media and high speed WiFi access to all attending. The officer shown on the front of this agenda should be contacted for further information and will be available at the meeting to assist if required. Kindly ensure all mobile or similar devices on silent mode. Please note that the Council may also record or film this meeting and publish this online. Emergency procedures If there is a FIRE, you will hear a continuous alarm. Please follow the signs to the nearest FIRE EXIT and assemble on the Civic Centre forecourt. Lifts must not be used unless instructed by a Fire Marshal or Security Officer. In the event of a SECURITY INCIDENT, follow instructions issued via the tannoy, a Fire Marshal or a Security Officer. Those unable to evacuate using the stairs, should make their way to the signed refuge locations. Agenda 1 Apologies for Absence 2 Declarations of Interest in matters coming before this meeting 3 To agree the minutes of the Licensing Committee meeting on 31 January 2024 1-6 4 To agree the minutes from the meeting on 9 May 2024 7 - 8 5 To confirm that the items of business marked Part 1 will be considered in public and that the items of business marked Part 2 in private Part 1 - Members, Press and Public 6 Presentation from Uxbridge BID - Applying for Licences At meeting 7 Legislative and Industry Update 9 -14 8 Statement Of Gambling Policy Consultation 15 -104 9 Committee Forward Planner 105 -106 Part 2 - Members only 10 Ratification of Sub Committee Minutes 107 - 186

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Read the text of: Printed minutes PDF 220 KB (4 pages)
_________________________________________________________________________ - Page 1 - Minutes Licensing Committee Wednesday, 9 October 2024 Meeting held at Committee Room 5 - Civic Centre Members Present: Councillors Becky Haggar (Chair) Reeta Chamdal Shehryar Ahmad-Wallana Peter Smallwood Kelly Martin Janet Gardner Kuldeep Lakhmana Barry Nelson-West Apologies: Darran Davies and Scott Farley Officers Present: Anisha Teji, Democratic Services Daniel Ferrer, Licensing Services Chantelle McLeod, Legal Services Lois King, Licensing Standards Also Present Kira Gibson, Uxbridge BID Mike Crane, Uxbridge BID 18. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillor Darran Davies and Councillor Scott Farley. 19. DECLARATIONS OF INTEREST IN MATTERS COMING BEFORE THIS MEETING There were no declarations of interest. 20. TO AGREE THE MINUTES OF THE LICENSING COMMITTEE MEETING ON 31 JANUARY 2024 RESOLVED: That the Committee agreed the minutes of the Licensing Committee meeting on 31 January 2024. 21. TO AGREE THE MINUTES FROM THE MEETING ON 9 MAY 2024 RESOLVED: That the Committee agreed the minutes of the Licensi ng Committee meeting on 9 May 2024. _________________________________________________________________________ - Page 2 - 22. TO CONFIRM THAT THE ITEMS OF BUSINESS MARKED PART 1 WILL BE CONSIDERED IN PUBLIC AND THAT THE ITEMS OF BUSINESS MARKED PART 2 IN PRIVATE It was confirmed that items marked public and private would be hear d as set out on the agenda. 23. PRESENTATION FROM UXBRIDGE BID - APPLYING FOR LICENCES The Committee received a prese ntation from UXBRIDGE BID which detailed the history of team, their purpose and different activities and projects undertaken. Members heard that the function was business -led and community -minded, with a focus on improving the local area. It was noted that there were 341 BIDs across the country, representing over 135,000 businesses and generating significant income for reinvestment in local areas. The Committee then heard about the history of the BID in Uxbridge, which was established after an 18 -month co nsultation period and a successful ballot in 2017. The BID aimed to make Uxbridge a better place to live, work and socialise. Th e BID operated on a five -year cycle, with the most recent ballot in 2022 resulting in a 97% vote in favour of continuing the BID. The three main themes of the BID were highlighted namely a safer Uxbridge, a happier and more vibrant Uxbridge and a greener Uxbridge. Businesses within the town centre with a rateable value of more than £15,000 were required to pay a levy, which funded the BID's projects. Over the past two years, the BID had generated over £985,000 in income, which had been allocated to various projects. The Committee heard about the different the marketing and events organised by the BID. There h ad been several successful events, including the Love Summer Festival, Pirate Fest, the Queen's Jubilee celebrations, and various themed days such as Valentine's Day, Easter Dino Day, and International Women's Day were highlighted to Members. The importance of community involvement and the positive impact of the BID's projects on the local area was emphasised. Members expressed gratitude and appreciat ion for the efforts made in Uxbridge, highlighting the positive changes and the community's engagement. In response to questions about publicising events, it was noted that various channels were used for promotion including social media, leaflets, posters and word of mouth. Members raised concerns about domestic violence during the festive season and suggested increasing awareness and providing information on appropriate contacts. It was acknowledged that working closely with local organisations and using social channels to spread awareness was significant. The Committee enquired about the Uxbridge BID’s experience in making licensing and trading licences applications to the Council. It was reported that there was a positive working relationship, and the team had been very helpful with assisting in all types of queries. The challenges of ensuring compliance with licensing regulations _________________________________________________________________________ - Page 3 - and the frustration when other organisations that did not follow the proper processes was explained to Members. Uxbridge BID was thanked for their attendance and insightful presentation. RESOLVED: That the Committee noted the presentation. 24. LEGISLATIVE AND INDUSTRY UPDATE RESOLVED: That the Committee noted the Legislative and Industry Update. 25. STATEMENT OF GAMBLING POLICY CONSULTATION The Licensing Team Manager introduced the report on the Statement of Gambling Policy Consultation. The Committee noted that the Gambling Act 2005 regulated gambling in the UK, covering physical premises and onli ne gambling. In accordance with the Gambling Act the Licensing Authority was required to review its statem ent of licensing policy every three years. The last review was in 2022 and the next implementation was due in early 2025. The formal consultation star ted on 12 September 2024 and will close on 25 October 2024. Members heard that there were no significant changes in primary legislation, but updates in codes of practice and guidance. Minor amendments included sentence structure, terminology and updating responsible authorities' contacts. Five new areas had been added: representations, direct marketing, duty to protect (Martin's Law), Think 25 and appeals. It was reported that legal and corporate finance departments had made no objections and stakeholders like Gambling Aware and Lotteries Council had provided feedback with no adverse comments. The review aimed to strengthen the policy by addressing gaps and incorporating feedback. The final policy would be presented to Cabinet in due course. The Committe e acknowledged the changes and their impact. The importance of sharing information with residents and asso ciations to ensure they were well - informed was emphasised. Concerns were raised about online gambling and its prevention, noting the shift from physical premises to online platforms. Officers noted that the Gambling Commission was the main regulator for online gambling, but work was being done to establish closer links and providing information on their website. Members emphasised the focus on vulnerable people and the importance of safeguarding them. The Committee stressed the importance of resident rep resentation and encouraged them to come forward as part of the consultation. RESOLVED: That the Committee considered the revisions to the Statement of Gambling Policy. _________________________________________________________________________ - Page 4 - 26. COMMITTEE FORWARD PLANNER The Committee noted the Forward Planner as set out in the agenda. Members considered that it would be interesting to hear from industry professionals and their experiences with applications. It was noted that Member training session had been arranged for 28 November 2024. RESOLVED: That the Committee noted the Forward Planner. 27. RATIFICATION OF SUB COMMITTEE MINUTES That these reports and matters in Part 2 be declared as exempt from publication as they may involve the disclosure of information in accordance with Section 100(A) and paragraphs 1,2, 5 & 7 of Part 1 of Schedule 12 (A) to the Local Government Act 1972 (as amended), in that the report contains information relating to an individual, information likely to reveal the identity of an individual, information in respect of which a claim to legal professional privilege could be maintained in legal proceedings and information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime and that the public interest in withholding the information outweighs the public interest in disclosing it. Members were updated on recent Licensing Sub- Committee decisions since the last meeting and ratified the minutes of the recent sub – committees hearing. RESOLVED: That the Committee ratified the minutes of the meetings listed in the report.

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Attendance
Present: Councillor Becky Haggar OBE, Councillor Reeta Chamdal, Councillor Shehryar Ahmad-Wallana, Councillor Peter Smallwood, Councillor Kelly Martin, Councillor Janet Gardner, Councillor Kuldeep Lakhmana, Councillor Barry Nelson-West
Apologies: Councillor Darran Davies, Councillor Scott Farley

Agenda

18. Apologies for Absence
Apologies for absence were received from Councillor Darran Davies and Councillor Scott Farley.
19. Declarations of Interest in matters coming before this meeting
There were no declarations of interest.
20. To agree the minutes of the Licensing Committee meeting on 31 January 2024 PDF 313 KB
RESOLVED: That the Committee agreed the minutes of the Licensing Committee meeting on 31 January 2024.
📄 To agree the minutes of the Licensing Committee meeting on 31 January 2024 PDF 313 KB
Read the text of this document (5 pages)
_________________________________________________________________________ - Page 1 - Minutes Licensing Committee Wednesday, 31 January 2024 Meeting held at Civic Centre, High Street, Uxbridge UB8 1UW Published on: Come into effect on: Immediately (or call-in date) Members Present: Councillors Roy Chamdal (Chair) Becky Haggar Scott Farley Janet Gardner Kuldeep Lakhmana Barry Nelson-West Peter Smallwood Colleen Sullivan Apologies: Darran Davies and Reeta Chamdal Officers Present: Anisha Teji, Democratic Services Daniel Ferrer, Licensing Services Chantelle McLeod, Legal Services King-Yip Cheung, Trading Standards Also Present Jon Burton, Immigration Enforcement Ranjith Mahenthirarassa, Immigration Enforcement 3. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillor Darran Da vies and Councillor Reeta Chamdal. 4. DECLARATIONS OF INTEREST IN MATTERS COMING BEFORE THIS MEETING There were no declarations of interest. 5. TO AGREE THE MINUTES OF THE LICENSING COMMITTEE MEETING ON 4 APRIL 2023 RESOLVED: That the Committee agreed the minutes of the Licensing Committee meeting on 4 April 2023. 6. TO AGREE THE MINUTES OF THE LICENSING COMMITTEE HELD ON 11 MAY 2023 _________________________________________________________________________ - Page 2 - RESOLVED: That the Committee agreed the minutes of the Licensing Committee meeting on 11 May 2023. 7. TO CONFIRM THAT THE ITEMS OF BUSINESS MARKED PART 1 WILL BE CONSIDERED IN PUBLIC AND THAT THE ITEMS OF BUSINESS MARKED PART 2 IN PRIVATE It was confirmed that items marked public and private would be heard as set out on the agenda. Agenda item 7 - presentation from Trading Standards was heard in Part II as it contained information to be taken in connection with the prevention, investigati on or prosecution of crime. 8. PRESENTATION FROM THE UK BORDER AGENCY The Commi ttee received a presentation from Immigration Enforcement Officers (IEO) who now operate separately from the UK Border Agency (UKBA). The Committee was informed that Immigration Enforcement focused on in -country immigration issues and entering premises wh ere immigration offenders were working. The IEO worked on intelligence received from various sources including the public, police and licensing authorities. IEOs con ducted site visits, report outcomes and issued fines or closure notices for breaches. The Committee heard that IEOs had recently been authorised to conduct educational visits in collaboration with other agencies to address potential immigration issues and ensure awareness of responsibilities among staff. During these visits the focus was on pro viding assistance and information and no enforcement action was taken. If illegal workers were found in licensed premises, it could lead to licence revocations unless exceptional circumstances applied. The team was divided into two parts, with specific teams handling civil penalties and intelligence. The intelligence unit gathered information from multiple sources and the public could report concerns to the intelligence unit or local licensing authorities. The IEOs clarified that their educational visits aimed to inform businesses about their responsibilities, not to interrogate staff about their legal status. The Committee raised questions about businesses paying workers in various ways other than money and expressed concern about potential exploitation. The officers emphasised the preventive nature of educational visits and noted a decrease in illegal working visits during the COVID-19 pandemic. There was however a plan to increase such visits in the future. The Committee appreciated the educational appro ach and discussed plans for the Council to collaborate more closely with Immigration Enforcement in Hillingdon. RESOLVED: That the Committee noted the presentation from Immigration Enforcement Officers. _________________________________________________________________________ - Page 3 - 9. PRESENTATION FROM TRADING STANDARDS The Council’s Senior Trading Standards Officer gave a presentation to Members of the Committee on counterfeit and seized goods and also recent investigation activity by the Service which it was explained was predominately intelligence -led. Additionally, products seized by the Trading Standards Team for investigation from off-licences were shown to Members of the Committee, which included vaping equipment, alcohol and cigarettes. The Committee were given an e xplanation of the key signs that showed certain products were illegal. Members of the Committee thanked the Officer for his presentation. They also raised other trading standards matters including Nitrous Oxide canisters. An in -depth discussion took place on vaping, in particular, the increase in vapin g being sold around the Borough, and increasingly to younger people. Officers reassured Members that they had plans to visit premises selling vapes to ensure their p roducts were legal and take action accordingly. This item was considered in Part II as it contained information relating to be taken in connection with the prevention, investigation or prosecution of crime. That the public interest in withholding the information outweighed the public interest in disclosing it (exempt information under paragrap h 7 of Part 1 of Schedule 12A to the Local Government [Access to Information] Act 1985 as amended). 10. LEGISLATIVE AND INDUSTRY UPDATE The Committee received an update on recent legislative, case law and industry news update under the functions within its remit. Various topics relating to licensing and regulatory updates were discussed including Section 182 Guidance Updates. The Section 182 guidance emphasised the role of right-to-work considerations in lice nsing decisions and the importance o f addressing immigration issues and assessing the impact on licensing when breaches occurred. The ban on nitrous oxide and its implications were explored. Concerns were raised about effectively managing th is issue, particularly in areas where there was a high usage. It was highlighted that collaboration with different agencies including the police and licensing authority were key to preventing issues. The Committee acknowledged the need for collaboration between licensing and community safety in the area of Counter Terrorism and Public Safety. Concerns were raised about the issue of spiking and the measures in place for prevention. The training initiatives and e-learning for staff in alcohol establishments was considered. In light of the letters from th e Minister of State for Crime, Policing, and Fire, Members agreed that that keeping training up to date was significant. It was noted that the Home Office offered e -learning package s for members and staff and this was shared with officers. The Council also provided training and it was good to hear from different trainers to receive different views. The Committee enquired about the completion status of licenced premis es visits by Members expressing the need f or _________________________________________________________________________ - Page 4 - thorough inspections. It was noted that there had been challenges due to staffing changes which had shifted priorities however there was ongoing recruitment. Once the team was at full capacity, officers would look into this again. Members sought information on the Council's approach to the recent le gislation on vapes, including the strength regulations and enforcement measures. The Committee heard about Trading Standards approach in seizing illegal products an d discussed potential enforcement options for illegal vapes, including under-age sales. RESOLVED: That the Committee noted the report. 11. COMMITTEE FORWARD PLANNER The Committee noted the Forward Planner as set out on the agenda. The Committee considered that it would be useful to hear from applicants making licensing applications and their general experience, any challenges encountered and how resolutions took place. Officers agreed that it would provide a real -life insight of the process and be an interesting experience. RESOLVED: That the Committee noted the Forward Planner 12. RECENT LICENSING SUB-COMMITTEE DECISIONS AND RATIFICATION OF PAST SUB-COMMITTEE MINUTES Members were updated on recent Licensing Sub- Committee decisions since the last meeting and ratified the minutes of the recent sub – committees hearing. RESOLVED: That the Committee, with the agreement of any Members present at the following Sub-Committees that they are a correct record, ratified the minutes of the following meetings: 1. 11 April 2023 and resumed on 14 April - Grant of premises licence: Prince of Wales, Harlington Road, Uxbridge 2. 19 April 2023 - Grant of premises licence: Curry Corner, Off Licence, 24 - 32 Fairfield Road, West Drayton 3. 3 July 2023 - Grant of premises licence: Grant View, Unit 1, 10 Stonefield Way, Ruislip 4. 5 July 2023 - Grant of premises licence: Friends Junction, 1262 Uxbridge Road, Hayes 5. 10 July 2023 - Grant of premises licence: MacDonald’s Restaurants Ltd, Unit 4 Old Dairy Lane, South Ruislip 6. 15 November 2023 - Grant of premi ses licence: The Farm Restaurant & Bar, 55 Green Lane, Northwood 13. AGREE DATE FOR RESCHEDULED MOCK HEARING _________________________________________________________________________ - Page 5 - RESOLVED: That the Committee agreed 4 April 2024 to be the date for the mock hearing. 14. DISCUSSION ON RECENT LICENSING CASES The Committee discussed recent licensing cases. That these reports and matters in Part 2 be declared as exempt from publication as they may involve the disclosure of information in accordance with Section 100(A) and paragraphs 1,2, 5 & 7 of Part 1 of Schedule 12 (A) to the Local Government Act 1972 (as amended), in that the report contains information relating to an individual, information likely to reveal the identity of an individual, information in respect of which a claim to legal professional privilege could be maintained in legal proceedings and information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime and that the public interest in withholding the information outweighs the public interest in disclosing it. 15. ANY OTHER ITEMS THE CHAIRMAN AGREES AS URGENT OR RELEVANT No further items were raised. The meeting closed at 11:37am.

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21. To agree the minutes from the meeting on 9 May 2024 PDF 93 KB
RESOLVED: That the Committee agreed the minutes of the Licensing Committee meeting on 9 May 2024.
📄 To agree the minutes from the meeting on 9 May 2024 PDF 93 KB
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_________________________________________________________________________ - Page 1 - Minutes Licensing Committee 9:05pm, Thursday, 9 May 2024 Meeting held at Council Chamber - Civic Centre, High Street, Uxbridge UB8 1UW Members Present: Becky Haggar (Chair) Darran Davies (Vice-Chair) Reeta Chamdal Scott Farley Janet Gardner Kuldeep Lakhmana Barry Nelson-West Shehryar Ahmad-Wallana Kelly Martin Apologies: Councillor Peter Smallwood 16. ELECTION OF CHAIR RESOLVED: That Councillor H aggar be elected as Chair of the Licensing Committee for the 2024/2025 Municipal Year. 17. ELECTION OF VICE-CHAIR RESOLVED: That Councillor Davies be elected as Vice-Chair of the Licensing Committee for the 2024/2025 Municipal Year. The meeting concluded at 9:10pm.

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22. To confirm that the items of business marked Part 1 will be considered in public and that the items of business marked Part 2 in private
It was confirmed that items marked public and private would be heard as set out on the agenda.
23. Presentation from Uxbridge BID - Applying for Licences
The Committee received a presentation from UXBRIDGE BID which detailed the history of team, their purpose and different activities and projects undertaken. Members heard that the function was business-led and community-minded, with a focus on improving the local area. It was noted that there were 341 BIDs across the country, representing over 135,000 businesses and generating significant income for reinvestment in local areas. The Committee then heard about the history of the BID in Uxbridge, which was established after an 18-month consultation period and a successful ballot in 2017. The BID aimed to make Uxbridge a better place to live, work and socialise. The BID operated on a five-year cycle, with the most recent ballot in 2022 resulting in a 97% vote in favor of continuing the BID. The three main themes of the BID were highlighted namely a safer Uxbridge, a happier and more vibrant Uxbridge and a greener Uxbridge. Businesses within the town centre with a rateable value of more than £15,000 were required to pay a levy, which funded the BID's projects. Over the past two years, the BID had generated over £985,000 in income, which had been allocated to various projects. The Committee heard about the different the marketing and events organised by the BID. There had been several successful events, including the Love Summer Festival, Pirate Fest, the Queen's Jubilee celebrations, and various themed days such as Valentine's Day, Easter Dino Day, and International Women's Day were highlighted to Members. The importance of community involvement and the positive impact of the BID's projects on the local area was emphasised. Members expressed gratitude and appreciation for the efforts made in Uxbridge, highlighting the positive changes and the community's engagement. In response to questions about publicising events, it was noted that various channels were used for promotion including social media, leaflets, posters and word of mouth. Members raised concerns about domestic violence during the festive season and suggested increasing awareness and providing information on appropriate contacts. It was acknowledged that working closely with local organisations and using social channels to spread awareness was significant. The Committee enquired about the Uxbridge BID’s experience in making licensing and trading licences applications to the Council. It was reported that there was a positive working relationship, and the team had been very helpful with assisting in all types of queries. The challenges of ensuring compliance with licensing regulations and the frustration when other organisations that did not follow the proper processes was explained to Members. Uxbridge BID was thanked for their attendance and insightful presentation. RESOLVED: That the Committee noted the presentation.
24. Legislative and Industry Update PDF 422 KB
RESOLVED: That the Committee noted the Legislative and Industry Update.
📄 Legislative and Industry Update PDF 422 KB
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Classification: Part I - Public Licensing Committee: 9 October 2024 LEGISLATIVE & INDUSTRY UPDATE – OCTOBER 2024 Committee Licensing Committee Officer Legal Services Wards All HEADLINES This report advises the Licensing Committee of the recent legislative, case law and industry updates under the functions within its remit. RECOMMENDATION That the Committee notes the report. Licensing Act 2003 Notable Case The High Court have ruled that remote hearings are lawful. The appeal was brought against the London Borough of Lewisham by Walk Safe Security Services Ltd on behalf of Silks nightclub which had its licence revoked by police summary review. One of the grounds of appeal challenged the use of a remote hearing procedure which was initially heard by a District Judge at Bromley Magistrates’ Court and ruled to be lawful under the Licensing Act 2003 and the Licensing Act (Hearings) Regulations 2005. The Appellant appealed against the District Judge’s ruling to the High Court. The appeal was heard by Chamberlain J in May 2024. In dismissing the appeal, the judge held that remote hearings are lawful:  In the absence of an express statutory definition of “hear ing” in either the Act or the Regulations, in principle the term “hearing” could be applied both to an in-person hearing and a remote hearing using video conferencing technology.  Although the Regulations require a hearing to be held in a “place”, that word is not defined either and nor is it accompanied by words connoting a single geographical location (unlike the provisions for ordinary local authority meetings held under the Local Government Act 1972). Without such qualifying language, an online platform could properly be described as a “place”.  Section 9(3) of the Act and Regulation 21 of the Regulations– which permit a licensing committee to regulate its own procedure – reflect an intention to confer maximum procedural flexibility, subject to any contrary provision in the Regulations. Therefore, the question for the court was not whether remote hearings were permitted but whether they were expressly prohibited. In the court’s judgment, there was no clear indication in the Regulations that remote hearings were precluded.  A licensing authority is obliged to act fairly and in accordance with procedural rights to a fair hearing under Article 6 ECHR. This requires the licensing authority to consider whether a remote hearing can be held in a way which is fai r to all parties: where it would not be, it is obliged to consider alternative arrangements. Classification: Part I - Public Licensing Committee: 9 October 2024  The fact that express provision for remote hearings had been made in Wales did not affect the interpretation of the Act and Regulations insofar as they apply to England. The Welsh provisions simply show how one would draft a provision if the legislator’s intention was to put beyond doubt the question whether “hearing” includes a remote hearing. What does it mean for licensing authorities? The ruling means that all licensing authorities in England and Wales are authorised to hold licensing hearings remotely – either fully remotely or a hybrid procedure (with some participants attending a physical location and others joining through video conferencing technology). Although the judgment clearly establishes the principle that remote hearings are lawful, it contains only limited guidance on the practicalities of holding a remote hearing. What is clear, however, from the court’s reference to procedural fairness, is that authorities should have a written protocol, setting out:  Criteria for holding an in-person hearing, fully remote hearing or hybrid procedure what constitutes valid attendance by members of the committee, parties to the hearing, officers and members of the public  How access to the hearing by members of the public will be ensured additional measures to ensure that a remote hearing will not result in unfairness any party to the hearing Industry News & Updates During the State Opening of Parliament on Wednesday 17 July, the King delivered his speech setting out the new Labour Government's legislative agenda for the coming months. This included: English Devolution Bill The English Devolution Bill sets out to deliver the Government’s manifesto commitment to transfer power out of Westminster and into local communities, allowing them to take back control by strengthening mayoral powers, giving local leaders the tools to kickstart their economies, as well as empow ering communities to transform their neighbourhoods, high streets and important community assets. Crime and Policing Bill This Bill sets out to halve serious violence and increase confidence in policing and the Criminal Justice System giving police the powers they need to crack down on crime and anti -social behaviour particularly concentrating on knife crime and violence against women and girls, whilst introducing new reforms to ensure that law enforcement agencies including local authorities perform to the highest standards. Terrorism (Protection of Premises) Bill The Bill aims to deliver the Government’s manifesto commitment to bring in Martyn’s Law and strengthen the security of public events and venues. Tobacco and Vapes Bill This Bill, if introduced will create the first ever smokefree generation by: Making it an offence to sell tobacco products to those born on or after 1 January 2009, amending existing legislation to make it an offence for anyone over 18 to purchase tobacco products on behalf of those born on or after 1 January 2009 and reduce the appeal and availability of vaping products. Classification: Part I - Public Licensing Committee: 9 October 2024 The Bill will also aim to strengthen enforcement activity, allowing Trading Standards to take swifter action to enforce the law and closing loopholes. It will prevent underage sales of tobacco and vapes by providing enforcement authorities in England and Wales with the power to issue Fixed Penalty Notices for the underage sale of tobacco and vaping products. At Hillingdon, underage sales are currently enforced by the Trading Standards team and are prosecuted by way of Single Justice Procedure at the Magistrates’ Court. There have been approximately 6 successful prosecutions at Hillingdon for underage sales (both tobacco products and alcohol) since 2023. The Licensing Hours Extensions Bill (to be reintroduced) This bill had previously been laid, seeking to amend the Licensing Act 2003 so that licensing hours Orders can be made by negative resolution statutory instrument , however this bill was not included in the new Government's legislative agenda. Since this Private Member’s Bill did not reach a conclusion , it will need to be reintroduced by the new Labour Government. Gambling Act 2005 Updated codes of practice From 30th August 2024 the Licence Conditions and Codes of Practice issued by the Gambling Commission required all land-based operators to undergo age verification test purchasing regardless of size of operation. Previously operators with an operating licence category of A or B did not have to undergo this requirement. The Gambling Commission has updated its guidance notes regarding the reporting process, which confirms that licensees must send the Gambling Commission annual returns listing the aggregated results of age verification test purchasing they, or organisations contracted by them, conduct each quarter. Review of Hillingdon’s Statement of Gambling Policy Hillingdon’s Statement of Gambling Policy for 2025 is currently under review. The regular review and adoption of the Statement of Gambling Policy ensures that the licensing framework is up to date and effective in ensuring a safe and regulated environment for users of licensed premises. The current Statement of Gambling Policy was last formally reviewed in 2022. Legislation requires that the Policy is updated every three years. The proposed Statement of Draft Gambling Policy for 2025 is currently available to view on Hillingdon’s website. The consultation period is currently open and is due to end midnight on 25th October 2024. Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 in respect of Sex Establishment Licences No further legislative changes/notable cases/industry updates. Classification: Part I - Public Licensing Committee: 9 October 2024 Scrap Metal Dealers Act 2013 No further legislative changes/notable cases/industry updates. Street Trading – London Local Authorities Act 1990 Notable Case A street trader in Birmingham has won his appeal over a conviction he received for street trading without a licence. The council accused Logie of having on three dates traded in the street without a licence in contravention of the Local Government (Miscellaneous Provisions) Act 1982 (the LGA), Schedule 4, Section 10(1)(b). Logie defended himself in the original proceedings before magistrates on the grounds that he was allowed to sell on the street by holding a Pedlar’s Certificate. Magistrates found he was not trading as a pedlar - as he spent too much time static - and fined him £300 per offence. Mr Logie appealed to the Crown Court where, the Crown Court concluded quashing his conviction that Logie - a litigant in person - had presented it with a document of uncertain origin that purported to show an informal 15 to 20-minute rule that allowed someone to remain in one place and still be within the pedlars' exemption. Mr Justice Ritchie said: “We do not know the source of that document. It is plainly not a legal authority. It has some kind of discussion but has no authority so far as we are concerned, and it is central to his case. It simply does not reflect our view of the law. “There is no such informal 15 to 20-minute rule. It may be that people sometimes do not enforce it, in the way that people do not enforce speed limits when people tr avel a couple of miles an hour over the limit, but it does not mean they are not breaking the speed limit.” Ritchie J said he had to decide the proper interpretation of S.3 of the Pedlars Act 1871, whether Logie was trading as a pedlar within his certificate at the relevant times and whether some of the findings of fact made by the judge were irrational or unlawful for lack of evidential foundation. He noted the Pedlars Act 1871 at S.3 states: “The term ‘pedlar' means any hawker, pedlar, petty chapman, ‘ pedlar’, tinker, caster of metals or other person who, without any horse or other beast bearing or drawing burden, travels and trades on foot and goes from town to town or to other men's houses, carrying to sell or exposing for sale any goods, wares, or merchandise, or procuring orders for goods, wares, or merchandise immediately to be delivered.” Ritchie J said a pedlar may stop on a street for 20 minutes to display merchandise, as a necessary part of trading whilst meandering around a town. Classification: Part I - Public Licensing Committee: 9 October 2024 He said referring to an earlier case: “A pedlar is not required to be in constant motion. He is allowed to stop and sell his merchandise with some small equipment.” But, standing for an hour in a fixed spot selling his merchandise was held to be fixed str eet trading, not being a pedlar. To qualify as a pedlar under the Act, the person concerned must have travelled from town to town during the validity of his Pedlar’s Certificate, must trade on foot, not trade from a horse or vehicle, must have goods for immediate delivery and may use moveable equipment. The pedlar may stop for periods to attract the potential customers for around 20 minutes but not so long as an hour. Ritchie J explained: “In my judgment, taking the case law into account, moving between 16 and 24 times per eight-hour shift is sufficient to satisfy the ‘travels whilst he/she trades’ requirement in the majority of cases. So, in my judgment, a usual stopping time of around 20 minutes and a maximum approaching but not as much as 30 minutes is a reasonable, usual temporal limit, depending on the type and size of equipment being used.” On this basis, Logie had been within the limits. Mr Justice Ritchie quashed all three convictions received by Andrew Logie.

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25. Statement Of Gambling Policy Consultation PDF 220 KB
The Licensing Team Manager introduced the report on the Statement of Gambling Policy Consultation. The Committee noted that the Gambling Act 2005 regulated gambling in the UK, covering physical premises and online gambling. In accordance with the Gambling Act the Licensing Authority was required to review its statement of licensing policy every three years. The last review was in 2022 and the next implementation was due in early 2025. The formal consultation started on 12 September 2024 and will close on 25 October 2024. Members heard that there were no significant changes in primary legislation, but updates in codes of practice and guidance. Minor amendments included sentence structure, terminology and updating responsible authorities' contacts. Five new areas had been added: representations, direct marketing, duty to protect (Martin's Law), Think 25 and appeals. It was reported that legal and corporate finance departments had made no objections and stakeholders like Gambling Aware and Lotteries Council had provided feedback with no adverse comments. The review aimed to strengthen the policy by addressing gaps and incorporating feedback. The final policy would be presented to Cabinet in due course. The Committee acknowledged the changes and their impact. The importance of sharing information with residents and associations to ensure they were well-informed was emphasised. Concerns were raised about online gambling and its prevention, noting the shift from physical premises to online platforms. Officers noted that the Gambling Commission was the main regulator for online gambling, but work was being done to establish closer links and providing information on their website. Members emphasised the focus on vulnerable people and the importance of safeguarding them. The Committee stressed the importance of resident representation and encouraged them to come forward as part of the consultation. RESOLVED: That the Committee considered the revisions to the Statement of Gambling Policy.
📄 Statement Of Gambling Policy Consultation PDF 220 KB
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Classification: Public Licensing Committee: 9 October 2024 STATEMENT OF GAMBLING POLICY CONSULTATION Committee name Licensing Committee Officer reporting Daniel Ferrer, Licensing Manager Papers with report The Cabinet Report and an overview document detailing the proposed changes is attached at - Appendix A Draft Statement of Gambling Policy - Appendix B Equality Impact Assessment - Appendix C Ward All HEADLINES This report is to consult with and invite comments from the Committee on the updated draft Statement of Gambling Policy. This Policy is deemed as 'Policy Framework' under the Council's constitution and so requires full approval by full Council. RECOMMENDATION: That the Committee considers the revisions to the Statement of Gambling Policy and offers comments to be considered by Cabinet at the end of the consultation period. SUPPORTING INFORMATION The Council is required to review its Statement of Gambling Policy at regular intervals to ensure it is carrying out licensing functions in accordance with current legislation. During this review, consideration has been given to how changes might improve the way in which services are being delivered, to make them more efficient and customer friendly. A draft Policy has been produced which now needs to be consulted upon, prior to final consideration by Cabinet or adoption by full Council. The Gambling Act 2005 sets out how gambling in Great Britain is regulated. It came fully into force in September 2007, and covers arcades, betting shops, bingo premises, casinos, gaming machines, society lotteries, and remote gambling (including online gambling). It also created and set the functions and objectives of the Gambling Commission as the principal regulator . The Council is required to review the Statement of Gambling Policy every three years. The current policy was last formally reviewed in 2022 and therefore requires updating and adopting. Classification: Public Licensing Committee: 9 October 2024 In the intervening time there have been only minor changes to legislation and guidance and as such there are very few changes proposed to this policy. This has been incorporated into the revised policy. The proposed timetable for policy implementation is set out below: 12th September 2024 Draft Policy to Cabinet. 13th September 2024 Consultation period starts 24th September 2024 Residents’ Services Select Committee 9th October 2024 Licensing Committee 25th October 2024 Consultation period ends 12th December 2024 Final policy to Cabinet post-consultation 16th January 2025 Statement of Gambling Policy considered and adopted at Full Council, subject to Cabinet recommendation Implications on related Council policies A role of the Committee is to make recommendations on service changes and improvements to the Cabinet who are responsible for the Council’s policy and direction. The proposed Statement of Gambling Policy is a policy framework document under the Council's Constitution. As such, Cabinet is required to approve them in draft form with a timetable to include a period of formal consultation (minimum 6 weeks), to include the Licensing Committee and the Residents’ Services Select Committee. Cabinet will then consider the responses of the consultation before deciding whether or not to recommend them to full Council for adoption. RESIDENT BENEFIT The regular review and adoption of the Statement of Gambling Policy ensures that the licensing framework are up to date and effective in ensuring a safe and regulated environment for users of licensed premises. It will also ensure that there are methods for robust enforcement and review of problem licensed premises. FINANCIAL IMPLICATIONS Classification: Public Licensing Committee: 9 October 2024 It is important that the Committee considers cost effective proposals that benefit resident taxpayers in relation to this review, which would ultimately be determined by Cabinet as part of the Council’s broader budget planning process. Corporate Finance has reviewed the report and confirms that there are no financial implications associated with the recommendations in this report. LEGAL IMPLICATIONS Legal Services confirm that there are no specific legal implications arising at the current time. Further, more detailed legal advice will be given as necessary once the outcome of the consultation is known. BACKGROUND PAPERS Current Statement of Gambling Policy https://www.hillingdon.gov.uk/gambling Gambling Commission - Guidance to Licensing Authorities last updated May 2021 https://www.gamblingcommission.gov.uk/guidance/guidance-to-licensing-authorities Gambling Commission – Licence Conditions & Codes of Practice last updated Oct 2020 https://www.gamblingcommission.gov.uk/licensees-and-businesses/lccp Summer 2023 Consultation – proposed changes to LCCP and RTS: https://www.gamblingcommission.gov.uk/consultation-response/summer-2023-consultation- proposed-changes-to-lccp-and-rts-consultation High Stakes: Gambling Reform for the Digital Age, April 2023 https://www.gov.uk/government/publications/high-stakes-gambling-reform-for-the-digital-age APPENDICES ● The Cabinet Report and an overview document detailing the proposed changes is attached at Appendix A. ● The draft Statement of Gambling Policy attached at Appendix B ● Equality Impact Assessment at Appendix C

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📄 Appendix A - Cabinet Report , item 25. PDF 380 KB
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Cabinet Report – 12 September 2024 Part I – Public REVIEW OF STATEMENT OF GAMBLING POLICY Cabinet Member(s) Councillor Eddie Lavery Cabinet Portfolio(s) Residents’ Services Officer Contact(s) Daniel Ferrer, Licensing Papers with report Appendix A - Listing of proposed policy changes Appendix B - Draft Statement of Gambling Policy Appendix C - Equality Impact Assessment 1.0 HEADLINE INFORMATION Summary The Council’s Statement of Gambling Policy is being reviewed in accordance with legislative requirements and the Council's objectives. This report seeks Cabinet approval to undertake a six-week public consultation on the updated draft of this Policy. The Statement of Gambling Policy is deemed as 'Policy Framework' under the Council's Constitution and so requires approval by full Council. Putting our Residents First Delivering on the Council Strategy 2022-2026 This report supports our ambition for residents/the Council of: An efficient, well-run, digital-enabled council working with partners to deliver services to improve the lives of all our residents This report supports our commitments to residents of: Modern, Well-Run Council Financial Cost The resources required for the consultation will be managed within existing revenue budgets. Relevant Select Committee Residents’ Services Select Committee. Relevant Ward(s) All Cabinet Report – 12 September 2024 Part I – Public 2.0 RECOMMENDATIONS 2.1 That the Cabinet: a) Agrees to a public consultation for the draft Statement of Gambling Policy to take place between 13th September 2024 and 25th October 2024. b) Notes that a further report will be submitted to Cabinet, post consultation, highlighting any consultation responses for Cabinet to consider for inclusion in the final policies. c) Notes that the Statement of Gambling Policy is then required to be referred to the full Council for adoption as a policy framework document. Reasons for recommendation 2.2 The review of the Statement of Gambling Policy and the accompanying consultation support effective and efficient delivery of licensing functions, in accordance with legislation and the Council's objectives and allow for stakeholder views to be taken into account. Alternative options considered/risk management 2.3 To not review the Policy nor undertake a consultation. If the policy was not reviewed and consulted on as required, then the Council would not meet its statutory obligations in this respect and legal challenges may follow. Select Committee comments 2.4 None at this stage, though comments will be sought during the consultation process. 3.0 SUPPORTING INFORMATION 3.1 The Council is required to review its Statement of Gambling Policy at regular intervals to ensure that it is carrying out licensing functions in accordance with current legislation. 3.2 During this review, consideration has been given to how changes might improve the way in which services are being delivered, to make them more efficient and customer friendly. 3.3 An updated Statement of Gambling Policy has been produced with relatively minor changes. This Policy now needs to be consulted upon, prior to final consideration by the Cabinet for recommendation to the full Council. An overview of this Policy and the reasons behind the review are detailed below. Cabinet Report – 12 September 2024 Part I – Public Statement of Gambling Policy 3.4 The Gambling Act 2005 sets out how gambling in Great Britain is regulated. It came fully into force in September 2007, and covers arcades, betting shops, bingo premises, casinos, gaming machines, society lotteries, and remote gambling (including online gambling). It also created and set the functions and objectives of the Gambling Commission as the principal regulator. The Council is required to rev iew the Statement of Gambling Policy every three years. The current policy was last formally reviewed in 2022 and therefore requires updating and adopting in 2025. 3.5 In the intervening time there have been only minor changes to legislation and guidance and as such, there are very few changes proposed to this policy. The changes proposed in the revised policy are largely administrative and to aid clarity. No substantive change of Council policy is proposed. Where changes are required to reflect changes to the relevant legislation and guidance, these have been incorporated into the revised policy. The proposed c hanges are listed in Appendix A in detail and within the updated Policy in Appendix B in track changes, but in summary they relate to:  Sentence Structure: Improved in various paragraphs.  Terminology Updates: Words like “empowered” replaced with “authorised”, “not complied with” replaced with “breached”.  Additions: New sentences and sections added, such as Representations, Direct Marketing, and Duty to Protect/Martyn’s Law.  Authority References: “Council” replaced with “Licensing Authority”  Guidance Inclusions: New paragraphs added for ‘Think 25’ guidance and Appeals section.  Equality Act: Added reference to the Equality Act 2010 and the Public Sector Equality Duty.  Contact Details: Updated in Annex B for Responsible Authorities. An equalities impact assessment has also been undertaken. 3.6 Relevant appendices are:  Appendix A - Listing of proposed policy changes  Appendix B - Draft Statement of Gambling Policy  Appendix C - Equality Impact Assessment Financial Implications 3.7 The consultation on the draft policy has no direct financial implications. There have been no legislative changes to the set licensing fees for Gambling licence applications. The fees remain statutory and have no t been amended since the Gambling Act was brought into force in September 2007. Resourcing for the consultation process can be managed within existing revenue budgets. Cabinet Report – 12 September 2024 Part I – Public The timetable for policy implementation (as a policy framework document) 12th September 2024 Draft Policy to Cabinet for consultation 13th September 2024 Consultation period started 24th September 2024 Residents’ Services Select Committee 9th October 2024 Licensing Committee consulted 25th October 2024 Consultation period ended 12th December 2024 Final draft policy to Cabinet post-consultation to recommend 16th January 2025 Statement of Gambling Policy considered and, if agreed, adopted at Full Council, subject to Cabinet recommendation 4.0 RESIDENT BENEFIT & CONSULTATION 4.1 The recommendations will give residents and businesses the opportunity to provide feedback to the Council on the proposed policy through the consultation process. 4.2 This report requests Cabinet approval for a public consultation on the policy. Following approval by Cabinet, the policy may be considered by the Licensing Committee, sub - committees of which make licensing decisions with reference to the policy. 4.3 As a policy framework document, the Residents’ Services Select Committee will have the opportunity to submit comments on the policy prior to resubmission to Cabinet for consideration of responses received. 4.4 The draft policy will be sent to statutory consultees, Members of the Authority and any person on request. The draft policy will also be displayed on the Council's website. It is anticipated that Cabinet will be advised of the outcome of the consultations and presented with proposed final drafts of the policies at the scheduled meeting of 12th December 2024. CORPORATE CONSIDERATIONS Corporate Finance Corporate Finance has reviewed this report and concurs with the Financial Implications set out above, noting there are no direct financial implications associated with the recommendations of the report. Legal Legal Services confirm that there are no specific legal implications arising at the current time. Further, more detailed legal advice will be given as necessary once the outcome of the consultation is known. Cabinet Report – 12 September 2024 Part I – Public BACKGROUND PAPERS  Current Statement of Gambling Policy  Gambling Commission - Guidance to Licensing Authorities last updated April 2023  Gambling Commission – Licence Conditions & Codes of Practice last updated April 2024  Gambling Act 2005  Summer 2023 Consultation – proposed changes to LCCP and RTS:  High Stakes: Gambling Reform for the Digital Age, April 2023 Cabinet Report – 12 September 2024 Part I – Public Appendix A - Overview of proposed policy changes Draft Statement of Gambling Policy The Council is required by the Gambling Act 2005 to review the Statement of Gambling Policy every three years. The current policy was last formally reviewed in 2022 and therefore requires updating and adopting in 2025. In the intervening time there have been only minor changes to legislation and as such there are very few changes proposed to this policy. The current policy works well and acts as a valuable framework for ensuring the principles of the legislation are upheld. The detailed p olicy amendments are shown at Appendix B (the draft revised policy) in bold underlined for new text and strikethrough for deleted text: ● Front page – Effective dates amended. ● Para 1.1, Line 4 – amended to improve sentence structure. ● Para 1.1, Line 7 – “empowered” replaced by “authorised”. ● Para 1.1, Line 9 – New sentence after “committed” and “or” replaced with “This includes…” ● Para 1.1, Line 10 – “not complied with” replaced with “breached”. ● Para 1.1, Line 11 – “and the promotion of the Licensing Objectives under the Act” added. ● Para 1.2 – “we” replaced by “the Licensing Authority”. ● Para 1.3 – “We are” replaced with “the Licensing Authority is”. ● Para 1.5 – “us” replaced with “the Licensing Authority”. ● Para 1.6 – “application or” formatted correctly ● Para 1.8 – “decision making” corrected to “decision-making” ● Para 1.9, Line 2 – “Authority” added after “Licensing” and at line 3 “three year” amended to “three-year” ● Para 1.12 – Relevant consultation dates added. ● Para 1.17 – “Council” replaced by “Licensing Authority”. ● Para 1.37 – new section regarding Representations and details what is a ‘relevant’ representation. ● Para 1.39 – “the” added before “Licensing Authority”. ● Para 1.50 – “The Licensing Authority” added. ● Para 1.53 – “Licensing Authority” added. ● Para 1.66 – New “Direct Marketing” section added ● Paras 1.68 & 1.69 – New section to consider Duty to Protect/Martyn’s Law which is due to come into force. ● Para 2.11 – Line 1, “Race Tracks” amended to “racetracks”. Line 8, “off course” amended to “off-course”. Para 2.12 – “Apart” to correct “part”. ● Para 2.23 – Line 4, “under age” amended to “underage”. Cabinet Report – 12 September 2024 Part I – Public ● Para 5.2 – “people” amended to “persons including companies”. ● Para 5.3 – New para referring to where fees can be viewed ● Para 5.6 – “Hillingdon Council” replaced by “Licensing Authority”. ● Para 5.8 – “s” added to recommends and paragraph amended to improve sentence structure ● Para 5.9 – “s” added to “premises” and capitals used for “Licensing Authority” ● Para 5.12 – “Council” replaced by “Licensing Authority”. ● Para 5.17 – “Council” replaced by “Licensing Authority”. ● Para 5.42 - New para added to include ‘Think 25’ guidance ● Para 5.45 – “is suspicious” amended to “has concerns”. ● Para 5.49 – New para added to include ‘Think 25’ guidance. ● Para 5.51 - “Council” replaced by “Licensing Authority”. ● Para 5.52 - “Council” replaced by “Licensing Authority” and “the” added before “licensing objectives”. ● Para 5.62 & 5.63 - Capital “L” and capital “A” to amend “licensing authority”. ● Para 5.65 – “Adult Gaming Centre” added to correct formatting. ● Para 5.66– New para added to include ‘Think 25’ guidance ● Para 5.72 - New para added to include ‘Think 25’ guidance ● Paras 5.84 to 5.88, new ‘Appeals’ section added. ● Para 7.1 – “as regards” amended to “regarding”. ● Para 7.6 – “email” amended to “E-mail”. ● Para 9.4 – “the Equality Act 2010 and the Public Sector Equality Duty” added. ● Annex B – updated contacted details for the Responsible Authorities Page, paragraph numbers and formatting will be updated on the final policy document.

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📄 Appendix B - Gambling Act Policy 2025-2028 (final) , item 25. PDF 628 KB
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Statement of Gambling Policy The Gambling Act 2005 Effective –2023-25 2025-2028 APPENDIX B 1 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 3 4 5 5 6 7 7 8 10 11 14 15 16 20 22 23 24 25 27 27 28 28 29 29 31 31 32 35 36 37 39 39 42 44 45 2 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 46 49 50 51 51 54 54 55 57 58 3 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. 4 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. 5 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 6 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. 7 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 8 ● 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. 9 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. 10 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: 11 ● Size of the premises. 12 ● 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 13 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 14 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. 15 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’ 16 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 17 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 18 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 19 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 20 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 21 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. 22 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. 23 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 24 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 25 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. 26 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. 27 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. 28 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. 29 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. 30 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 31 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 32 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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📄 Appendix C - Equality Impact Assessment - GAMBLING Policy Review , item 25. PDF 207 KB
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Appendix C - Equality Impact Assessment STEP A) Description of what is to be assessed and its relevance to equality What is being assessed? Please tick  Review of a service  Staff restructure  Decommissioning a service  Changing a policy  Tendering for a new service  A strategy or plan  The review of the Council's Statement of Gambling Policy which takes place every 3 years and must be in place by January 2025. Who is accountable? E.g. Head of Service or Corporate Director London Borough of Hillingdon – ‘The Licensing Authority’ Date assessment completed and approved by accountable person 25th July 2024 Names and job titles of people carrying out the assessment Daniel Ferrer, Licensing Team Manager A.1) What are the main aims and intended benefits of what you are assessing? Comprehensive review and consultation to implement the Council's new Statement of Gambling Policy. As a result, it is intended that this assessment will support effective and efficient delivery of licensing functions and the Council's objectives and allow for stakeholders views to be taken into account. A.2) Who are the service users or staff affected by what you are assessing? What is their equality profile? The main users of the service that will be affected will be the actual applicants. Looking at previous applications and licences granted for premises licence holders, it is clear that they are mainly limited companies such as William Hill, Ladbrokes and Jennings. Therefore, we do not foresee any issues as their relevant applications and documentation will be dealt with by agents or their solicitors. However, service users who may be affected are potentially customers using certain licenced premises and their services . For example, there are a number of betting shops in the south parts of the Borough such as Haye s. From inspections and general patrols around these premises, some of the equality profile of customers come from a Black, Asian, Minority and Ethnic Background. Furthermore, another relevant key service user will be residents. Again, residents who are generally based geographically in the south may be affected. They maybe potentially made from a Black, Asian, Minority and Ethnic background and have always played an important role when submitting representations/objections and therefore providing a voice for the local community. A.3) Who are the stakeholders in this assessment and what is their interest in it? Stakeholders Interest Applicants and licence holders Residents and Businesses Licensing Committee, Cabinet & Council Chief Executive, Corporate Directors & Staff Ensure that they are supported by the Authority in making their applications and kept fully informed of the process and the implications of the reviewed Statement of Gambling Policy. Ensuring that specific requirements have been met by the applicant/licen ce holder and they are able to submit their objection/representation if it is valid under the legislation. Ensuring processes are followed in accordance with licensing legislation and that all information is presented to them in full so appropriate, reasonable and proportionate decisions can be made. Ensuring processes are followed in accordance with licensing legislation and that all information is presented to them in full so appropriate, reasonable and proportionate decisions can be made. A.4) Which protected characteristics or community issues are relevant to the assessment?  in the box. Only tick the boxes which relate to the data you have in A2. Age  Religion or belief  Disability  Sex  Gender reassignment  Sexual Orientation  Marriage or civil partnership  Community Cohesion  Pregnancy or maternity  Community Safety  Race/Ethnicity  Other – please state STEP B) Consideration of information; data, research, consultation, engagement B.1) Consideration of information and data - what have you got and what is it telling you? The main source of data and information are the current records kept by the Licensing Authority such as applications for premises licences and gambling permits. In addition, there is the information and feedback received from officers who engage with applicants on the phone or with Management and staff face to face during site visits. It is noted that some customers at licenced gambling premises in the geographical south of the borough are from a Black , Asian, Minority and Ethnic Background. This is particularly the case with premises in areas such as Hayes. This is evident when inspections have been carried out to premises such as betting shops and pubs where gaming machines are present. Consultation B.2) Did you carry out any consultation or engagement as part of this assessment? Please tick  NO  YES  If no, explain why: It was not felt necessary to complete consultation as part of this assessment however, in the implementation of the policy, there will be ongoing engagement with relevant parties during formal consultation. B.3) Provide any other information to consider as part of the assessment The new Statement of Gambling Policy is not anticipated to have a significant impact as there is a strong degree of consistency between the old and new document, it is merely reflecting minor updates to legislation and guidance. On the whole, the amendments proposed have been drafted to clarify, formalise and, in some cases, simplify the processes in relation to applications under the Gambling Act 2005. The principles governing the Statement of Gambling Policy and the statutory fees remain consistent with the previous policy statement and recognise the wider community impacts that the Licensing Authority, residents, business community and other stakeholders must be aware of when participating in the licensing process. The new Statement of Gambling Policy recognises the need for a balance between the rights of businesses and the community. 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 Under the Equality Act 20 10 (S.149) a public author ity must, in the exercise of it s functions, 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 . C) Assessment What did you find in B1? Who is affected? Is there, or likely to be, an impact on certain groups? C.1) Describe any NEGATIVE impacts (actual or potential): Equality Group Impact on this group and actions you need to take Applications from a Black, Asian, Minority and Ethnic background There may be customers and residents who have potential difficulties with submitting representations. The Licensing Team will offer advice on the telephone and will accommodate appointments during office hours. In addition, consideration will be given to officers carrying out site visits to meet potential objectors so they are able to gain a better understanding of any proposed applications and an effective way of sub mitting representations. C.2) Describe any POSITIVE impacts Equality Group Impact on this group and actions you need to take Applications from a Black, Asian, Minority and Ethnic background Better quality of representations being submitted and as a result residents, responsible authorities and members of the Licensing Committee being well informed to make decisions when considering applications. Residents will feel valued and felt heard when they will be able to communicate their views on behalf of their community. Furthermore, better relationships will be formed between Council Officers, members of the public and businesses. D) Conclusions The Licensing Team has identified that there will be a number of gambling premises whose customers are from a Black, Asian, Minority and Ethnic background. This will be particularly the case where premises are located in the sou th of the Borough. In addition, residents in this geographical area will be of a similar background. Literacy issues may be an issue within these communities and will therefore need to be considered . Local residents may require some assistance with applications, supporting documentation and explanation of Government guidance and the Council's Statement of Gambling Policy. Licensing Officers will take appropriate steps to educate customers of these licensed premises and members of the public when it comes to Gambling queries and relevant applications. The Licensing Team will offer telephone advice to reside nts and customers and consideration will be given to meeting residents and customers at Council Offices to assist them in clarifying relevant application forms. Signed and dated: 25.07.24 Name and position: Daniel Ferrer, Licensing Team Manager

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26. Committee Forward Planner PDF 217 KB
The Committee noted the Forward Planner as set out in the agenda. Members considered that it would be interesting to hear from industry professionals and their experiences with applications. It was noted that Member training session had been arranged for 28 November 2024. RESOLVED: That the Committee noted the Forward Planner.
📄 Committee Forward Planner PDF 217 KB
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Classification: Public Licensing Committee: 9 October 2024 LICENSING COMMITTEE FORWARD PLANNER 2024/25 Committee name Licensing Committee Officer reporting Democratic Services Ward All HEADLINES This standard report provides an opportunity for the Committee to schedule topical presentations, comment on key policy issues and receive general information and updates relevant to the discharge of their regulatory duties via the licensing sub-committee. RECOMMENDATIONS: That the Committee note the Forward Planner and suggest any alterations to, or additional items, as set out. Wednesday 9 October 2024 10am Committee Room 5 Report deadline: 30 September 2024 Agenda issued: 1 October 2024 Proposed Agenda / Reports Lead Officer Presentation: - Presentation from Uxbridge BID: Applying for Licences Daniel Ferrer Reports Statement of Gambling Policy Daniel Ferrer Informatives: Legislative and Industry Update Chantelle McCleod Business Review: - Meeting Forward Planner - Mock date/training with Gary Grant – 28 November 2024 Dem Services Classification: Public Licensing Committee: 9 October 2024 Wednesday 2 April 2024 10am Committee Room 5 Report deadline: 24 March 2024 Agenda issued: 25 March 2024 Proposed Agenda / Reports Lead Officer Presentation: TBC Daniel Ferrer Reports TBC Informatives: ● Legislative and Industry Update Chantelle McCleod Business Review: ● Meeting Forward Planner ● Recent Licensing sub-committee decisions and ratification of past sub- committee Minutes Dem Services Implications on related Council policies This planner supports the application of and review of relevant licensing and regulatory policies to the decision -making Cabinet / Council , as well as informative matters to support sound decision-making at the Licensing Sub-Committee. Financial Implications None. Legal Implications None. BACKGROUND PAPERS NIL

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27. Ratification of Sub Committee Minutes
That these reports and matters in Part 2 be declared as exempt from publication as they may involve the disclosure of information in accordance with Section 100(A) and paragraphs 1,2, 5 & 7 of Part 1 of Schedule 12 (A) to the Local Government Act 1972 (as amended), in that the report contains information relating to an individual, information likely to reveal the identity of an individual, information in respect of which a claim to legal professional privilege could be maintained in legal proceedings and information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime and that the public interest in withholding the information outweighs the public interest in disclosing it. Members were updated on recent Licensing Sub- Committee decisions since the last meeting and ratified the minutes of the recent sub – committees hearing. RESOLVED: That the Committee ratified the minutes of the meetings listed in the report.
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