Stockton-on-Tees Draft Gambling Statement of Principles

Introduction and scope

The Gambling Commission is the national gambling regulator and lead role in working with central government and local authorities to regulate gambling activity. Any operator wishing to provide gambling at a certain premises must have applied for a personal licence and an operator's licence with the Commission before they can approach the Licensing Authority for a premises licence. In this way the Commission can screen applicants and organisations to ensure they have the correct credentials to operate gambling premises.

The Local Authorities role is to ensure premises are suitable for providing gambling in line with the three licensing objectives and any codes of practice issued by the Commission. The Licensing Authority also issues various permits and notices to regulate smaller scale and or temporary gambling in various other locations such as pubs, clubs and hotels.

The Licensing Authority does not licence large society lotteries or remote gambling through websites. These areas fall to the Commission.

The Act requires the authority to publish a statement of the principles which it proposes to apply when exercising its functions. The statement must be reviewed and published at least every three years. The Act requires that the following parties are consulted:

• The Chief Officer of Police
• one or more persons who appear to the authority to represent the interests of persons carrying on gambling businesses in the authority's area
• one or more persons who appear to the authority to represent the interests of persons who are likely to be affected by the exercise of the authority's functions under the Act

Sharing information

The authority will share information with other bodies where it is legally required to do so and where it considers it necessary to do so. This may include the sharing of data with relevant public bodies and law enforcement agencies to help the authority perform its regulatory functions.

Details of those persons making representations will be made available to applicants to allow for negotiation and, in the event of a hearing being held, will form part of a public document. Anyone making representations or applying for the review of a premises licence will be informed that their details will be disclosed.

Declaration

This statement will not override the right of any person to make an application, make representations regarding an application, or apply for a review of an existing licence, as each will be considered on its own merits and according to the statutory requirements of the Act.

In producing the final statement, the authority declares that it has had regard to the licensing objectives of the Act, the Guidance, and any responses from those consulted on the statement.

The Borough of Stockton-on-Tees

200,000 people call the Borough of Stockton-on-Tees home in the thriving towns of Billingham, Ingleby Barwick, Norton, Stockton, Thornaby and Yarm - and rural villages, the population has increased by 2.8 percent over the last seven years.

5,000 businesses generate £4 billion for the local economy, a third of the Tees Valley economy overall. Inequality is a challenge in the Borough, with affluent areas alongside areas of deprivation. Nine of the 26 wards in the Borough are in the 10% most deprived wards in the country and there is a gap of 21 years in average life expectancy amongst men between the most and least deprived wards. The Councils vision published in 2023 to 2026 plan is summarised in a vision for the Borough:

• a place where people are healthy, safe and protected from harm
• a place that is clean, vibrant and attractive, and
• a place with a thriving economy where everyone has opportunities to succeed

Read the Council Plan 2023 to 2026.

Gambling Participation

The Gambling Commission carry out surveys and hold national data on gambling participation.

The Key Points in 2023 are:

• in year to March 2023, overall participation in any gambling activity (in the last four weeks) remained statistically stable at 44 percent (compared to year to March 2022)
• in year to March 2023, the in-person gambling participation rate remained statistically stable at 27 percent, although this figure remains below the pre-pandemic level of around 35 percent
• the online gambling participation rate remained statistically stable at 26 percent (compared to year to March 2022)
• the overall headline problem gambling rate as measured by the short form Problem Gambling Severity Index (PGSI) is statistically stable at 0.3 percent. The moderate risk rate and low risk rate also remain statistically stable at 1.2 percent and 1.8 percent respectively (compared to year to March 2022)

Read the statistics on participation and problem gambling for the year to March 2023 on the Gambling Commission website.

As a legitimate leisure activity that many people enjoy, gambling can generate income, employment and tax revenue for the local economy. Gambling can also generate harms such as working days lost through disordered gambling and the cost of treatment for ill-health caused by stress related to gambling debt. There are also less easily measured significant impacts such as the negative effects of some gambling on family relationships, and the psychological and social development of children.

Gambling Related Harms and Public Health

Gambling related harms are now recognised as a public health issue which requires a broad response. Public health can play a role due the complexity of harmful gambling and the many different interlinking factors. Gambling related harms are associated with high levels of comorbidity with mental health and the negative financial, health and relationship impacts of harmful gambling on the individual and those around them (LGA, 2023).

In England it is estimated that 3.8 percent of the population are classified as gambling at elevated risks which equates to approximately 7471 people in Stockton-on-Tees. In the North East, it is estimated that 4.9 percent of the population (aged 16 plus) are at-risk gamblers, where they experience some level of negative consequences due to gambling equating to approximately 7891 people in Stockton-on-Tees. This is the highest regional estimated prevalence of at-risk gambling in England (OHID, 2023). Further impacts on affected others can be challenging to measure, but they too experience gambling related harms.

An estimated 55,000 children aged 11 to 16 in the UK are addicted to gambling (House of Lords, 2021). 26 percent of 11 to 17 year olds had spent their own money on some form of gambling activity in 2023 (Gambling Commission, 2023). Early gambling exposure is a risk factor for being impacted by gambling harms. Playing games that combine gambling and gaming is associated with increased risk for youth (Stark, Reynolds and Wiebe, 2021). Approximately 80 percent of students have participated in gambling, with nearly half doing so to make money (YGAM, 2023).

A public health approach adopts a multi-agency approach across partners, with a particular focus on prevention. The core principles of the approach are: (LGA, 2023)

• understanding the problem at a population level 
• framing the problem as part of a complex and interdependent system 
• collating intelligence, data and evidence of what works 
• being prevention focused 
• protecting health and wellbeing
• encouraging multi-agency working
• addressing inequalities, social justice and human rights

A coordinated effort across different sectors is required to effectively reduce gambling related harms and support those affected.

The Statement takes the approach that gambling related harm is a public health issue, a successful strategy not only focuses on individual gamblers but also needs to include products, environments and marketing and the wider context in which gambling happens. Equal importance needs to be given to prevention and treatment of harm.

The Statement is underpinned by the Public Health England Local Area Health Profile for Stockton-on-Tees to ensure an awareness of local risks and to facilitate constructive engagement with licensees and a coordinated response to local risks. The profile will help to highlight specific risks that operators will need to address in their risk assessment. 

Visit the Office for Health Improvement website for further information.

Social Responsibility

The authority is aware of the extensive requirements set out for operators in the Commission's Licence Conditions and Codes of Practice (LCCP) regarding the social responsibility provisions for operators. In this document the Commission clearly describe the policies and procedures that operators should put in place regarding:

• combating problem gambling - operators will need to demonstrate increased levels of both induction and refresher training for staff, to ensure effective interaction with customers
• access to gambling by children and young persons - operators will need to consider for example the use of CCTV, mirrors, positioning of staff and counters to ensure staff can effectively monitor who is accessing their premises and have policies and procedures in place to deal with problems
• information on how to gamble responsibly and help for problem gamblers
• customer interaction
• self-exclusion - operators will be required to participate in self-exclusion schemes

All applicants should familiarise themselves with the Commission's Licence Conditions and Codes of Practice (LCCP) relating to this objective and determine if these policies and procedures are appropriate in their circumstances. The authority will communicate any concerns to the Commission about any absence of this required information. Contact details for specialised services who offer advice and counselling for problem gamblers are set out in Appendix 1.

Licensing Authority Functions

The licensing authority under the Act is responsible for processing and regulating the following authorisations:

• adult gaming centre premises licence
• betting premises licences (including at tracks)
• bingo premises licences
• casino premises licences
• family entertainment centre premises licences
• club gaming permits and club machine permits
• family entertainment centre gaming machine permits
• licensed premises gaming machine permits
• licensed premises gaming machine notifications
• small society lottery registrations
• prize gaming permits
• occasional and temporary use notices

The authority is also responsible for:

• the statutory annual provision of information to the Gambling Commission
• maintaining a register of the permits and licences that are issued

The Licensing Process

The licensing functions under the Act will be carried out by the Statutory Licensing Committee, supported by several sub-committees and by officers acting under the delegated authority of the committee.

Where there are no areas of contention it is considered that many of the functions will be largely administrative. In the interests of efficiency and effectiveness officers will, for the most part, carry these out.

Where there are relevant representations in respect of an application the matter will be determined by the Statutory Licensing Sub Committee, as will any application for the review of a licence.

This Statement is not intended to override the right of any person to make an application under the Act, and to have that application considered on its merits. Equally, the Statement is not intended to undermine the right of any person to make representations about an application or to seek a review of a licence where provision has been made for them to do.

The Licensing Objectives

The licensing objectives are:

• 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
• duty to pursue the licensing objectives and permit gambling

In exercising its duties under the Act, the authority should aim to permit the use of premises for gambling in so far as it thinks it is:

• in accordance with any relevant code of practice issued by the Gambling Commission
• in accordance with any relevant guidance issued by the Gambling Commission
• reasonably consistent with the licensing objectives found in the Gambling Act 2005
• in accordance with the Statement of Licensing Principals and Gambling safeguarding guidance for premises

Promoting the licensing objectives

The authority expects the principles previously set out to assist the pursuit of the statutory licensing objectives.

Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime

The Gambling Commission takes a leading role in preventing gambling from being a source of crime by ensuring that operating licences are only granted to suitable applications. The authority will pay attention to the proposed location of gambling premises in terms of this licensing objective. Where an area has known high levels of organised crime the authority will consider carefully whether gambling premises are suitable to be located there and whether conditions may be suitable, such as the provision of door supervisors.

Ensuring that gambling is conducted in a fair and open way

Ensuring that gambling is conducted in a fair and open way is normally addressed by the Gambling Commission via operating and personal licences. There is, however, more of a role for licensing authorities about tracks which is explained in more detail later in this statement.

Protecting children and other vulnerable persons from being harmed or exploited by gambling

This objective generally means preventing children from taking part in gambling, as well as the restriction of advertising so that gambling products are not aimed at, or are particularly attractive to children. The authority will therefore consider whether specific measures are required at particular premises with regard to this licensing objective which may include the supervision of entrances and gaming machines and the effective segregation of areas within the premises.

Premises Licences

Premises Licences will be subject to the permissions and restrictions set out in the Gambling Act 2005 and regulations, as well as specific mandatory and default conditions which will be detailed in regulations issued by the Secretary of State. Licensing authorities can exclude default conditions and also attach others, where it is believed to be appropriate. A premises licence authorises premises to be used for:

• the operation of a casino - a Casino Premises Licence
• the provision of facilities for the playing of bingo - a Bingo Premises Licence
• making Category B gaming machines available for use - an Adult Gaming Centre Premises Licence
• making Category C gaming machines available for use - a Family Entertainment Centre Premises licence
• the provision of facilities for betting, whether by making or accepting bets, by acting as a betting intermediary or by providing other facilities for the making or accepting of bets - a Betting Premises Licence

Location of Premises

With regards to the location of premises, the authority will pay particular attention to the protection of children and vulnerable persons from being harmed or exploited by gambling, as well as issues of crime and disorder. Should any specific policy be decided upon as regards to areas where gambling premises should not be located, this statement will be updated. It should be noted that any such policy does not preclude any application being made and each application will be decided on its merits, with the onus upon the applicant showing how potential concerns can be overcome. The authority is aware that demand issues cannot be considered with regard to the location of premises but that considerations in terms of the licensing objectives are relevant to its decision making.

Planning Permission

When dealing with a premises licence application, the authority will not take into account whether those buildings have, or comply with, the necessary planning or building consents. Those matters should be dealt with under relevant planning control and building regulation powers and must not form part of the consideration for the premises licence.

Equally the grant of a gambling premises licence does not prejudice or prevent any action that may be appropriate under the law relating to planning or building.

Local Risk Assessments

In accordance with the Licence Conditions and Codes of Practice (LCCP) all non-remote licensees must assess the local risks to the licensing objectives posed by the provision of gambling facilities at each of their premises. The LCCP also states that licensees must review (and update as necessary) their local risk assessments:

• to take account of significant changes in local circumstances
• when there are significant changes at a licensee's premises that may affect their mitigation of local risks
• when applying for a variation of a premise licence
• in any case, undertake a local risk assessment when applying for a new premise licence

The Licensing Authority will expect operators to identify the local risk factors surrounding the premises and consider matters such as:

• whether neighbouring facilities may present risks when located near gambling premises, for example, schools, hospitals, community centres and homeless centres
• whether the premises is located in an area of deprivation
• whether the premises is located in an area which is subject to high levels of crime or disorder
• operators should also include control measures to mitigate the risks that have been identified

Control measures include:

• staff training with regards to excessive gambling
• updated policies and procedures
• the use of security personnel
• age verification schemes
• installation of CCTV
• provision of signage relating to gambling care
• the layout of the premises to ensure staff have, where possible, unobstructed views of persons using the premises
• Local Area Profile
• when formulating risk assessments, operators are advised to consider the Local Authority Health Profile for Stockton-on-Tees Borough Authority

Such information may be used to inform the decision about whether to grant a licence, to grant a licence with special conditions or to refuse the application. This does not prevent any application being made and each application will be decided on its merits with the onus being on the applicant to show how the concerns can be overcome.

Plans

Applicants are required to submit a plan of the premises with their application which should be drawn to scale and should be sufficiently detailed to include the information required by regulations.

Some tracks may be situated on agricultural land where the perimeter is not defined by virtue of an outer wall or fence, such as point-to-point racetracks. In such instances, where an entry fee is levied, track premises licence holders may erect temporary structures to restrict access to premises.

In the rare cases where the outer perimeter cannot be defined, it is likely that the track in question will not be specifically designed for the frequent holding of sporting events or races. In such cases betting facilities may be better provided through occasional use notices where the boundary premises do not need to be defined.

Conditions

Any conditions attached to licences will be proportionate and will be:

• relevant to the need to make the proposed building suitable as a gambling facility
• directly related to the premises and the type of licence applied for
• fairly and reasonably related to the scale and type of premises
• reasonable in all other respects

Decisions upon individual conditions will be made on a case by case basis, although there will be a number of measures to consider if needed, such as the use of supervisors and appropriate signage for adult only areas. The authority will also expect applicants to offer their own suggestions as to the way in which the licensing objectives can be met effectively.

The authority will also consider specific measures which may be required for buildings which are subject to multiple premises licences. Such measures may include the supervision of entrances, segregation of gambling from non-gambling area frequented by children, and the supervision of gaming machines in non-adult gambling specific premises to pursue the licensing objectives.

The authority will also ensure that where Category C, or above, machines are on offer in premises to which children are admitted:

• all such machines are located in an area of the premises which is separated from the remainder of the premises by a physical barrier which is effective to prevent access other than through a designated entrance
• only persons over the age of 18 years are admitted to the area where these machines are located
• access to the area where the machines are located is supervised
• the area where these machines are located is arranged so that it can be observed by the staff or the licence holder
• at the entrance to and inside any such areas there are prominently displayed notices indicating that access to the area is prohibited to persons under 18

These considerations will apply to premises including buildings where multiple premises licences are applicable.

Tracks may be subject to more than one premises licence, provided each licence relates to a specified area of the track. The authority will consider the impact upon the objective "protecting children and other vulnerable persons from being harmed or exploited by gambling" and the need to ensure that entrances to each type of premises are distinct and that children are excluded from gambling areas where they are not permitted to enter.

The authority cannot attach to premises licences:

• any condition which makes it impossible to comply with an operating licence condition
• conditions relating to gaming machine categories, numbers, or method of operation
• conditions which provide that membership of a club or body be required (the Gambling Act 2005 specifically removes the membership requirement for casino and bingo clubs and this provision prevents it being reinstated)
• conditions in relation to stakes, fees, winnings or prizes

Adult Gaming Centre Premises Licences

Adult gaming centre premises licences allow the holder of the licence to make gaming machines available for use on the premises in accordance with Section 172(1) of the Act.

The authority will specifically have regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the authority that there will be sufficient measures to, for example, ensure that under 18 year olds do not have access to the premises.

The authority may consider measures to meet the licensing objectives such as proof of age schemes, CCTV, supervision of entrances and machine areas, specific opening hours, and self-exclusion schemes. This list is not mandatory, nor exhaustive, and is merely indicative of example measures.

Bingo Premises Licences

There is no official definition for bingo in the Gambling Act 2005, however, from a licensing point of view there is a category of premises licence specifically for bingo premises which is used by traditional commercial bingo halls for both cash and prize bingo. In addition this premises licence will authorise the provision of a limited number of gaming machines in accordance with Section 172(7) of the Act.

The authority will need to be satisfied that bingo can be played in any bingo premises for which a premises licence is issued. This will be a relevant consideration where the operator of an existing bingo premises applies to vary their licence to exclude an area of the existing premises from its ambit and then applies for a new premises licence, or multiple licences, for that or those excluded areas.

Children and young people are allowed into bingo premises, however they are not permitted to participate in the bingo and if Category B or C machines are made available for use these must be separated from areas where children and young people are allowed.

The authority may consider measures to meet the licensing objectives such as proof of age schemes, CCTV, supervision of entrances and machine areas, specific opening hours, and self-exclusion schemes. This list is not mandatory, nor exhaustive, and is merely indicative of example measures.

A summary of gaming machine provisions, categories and entitlements (maximum stakes and prizes) can be found on the Gambling Commission website.

Family Entertainment Centre Premises Licences

Family entertainment centre premises licences allow the holder of the licence to make gaming machines available for use on the premises in accordance with Section 172(2) of the Act.

The authority will specifically have regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the Authority, for example, that there will be sufficient measures to ensure that under 18 year olds do not have access to the adult only gaming machine areas.

The Authority may consider measures to meet the licensing objectives such as proof of age schemes, CCTV, supervision of entrances and machine areas, specific opening hours, and self-exclusion schemes. This list is not mandatory, nor exhaustive, and is merely indicative of example measures.

Casino Premises Licences

The Authority has not passed a 'no casino resolution' under Section 166 of the Act but is aware that it has the power to do so. Should the Authority decide to pass a resolution in future, this statement will be revised and amended with details of that resolution.

Betting Premises Licences

In addition to offering betting facilities, betting premises licences allow the holder of the licence to make gaming machines available for use on the premises in accordance with Section 172(8) of the Act.

Betting premises may make available for use machines that accept bets on live events, such as a sporting event, as a substitute for placing a bet over the counter. When considering the betting machines that an operator wants to offer, the Authority will take into account the size of the premises, the number of counter positions available for person-to-person transactions, and the ability of staff to monitor the use of the machines by children and young persons (it is an offence for those under 18 to bet) or by vulnerable people.

The Authority may consider measures to meet the licensing objectives such as proof of age schemes, CCTV, supervision of entrances and machine areas, and self-exclusion schemes. This list is not mandatory, nor exhaustive, and is merely indicative of example measures.

Tracks

In addition to offering betting facilities, betting track premises licences allow the holder of the licence to make gaming machines available for use on the premises in accordance with Section 172(8) of the Act only if the holder also holds a pool betting operating licence.

The Authority is aware that tracks may be subject to more than one premises licence, provided each licence relates to a specified area of the track. The Authority will especially consider the impact upon the third licensing objective (for example, the protection of children and vulnerable persons from being harmed or exploited by gambling) and the need to ensure that entrances to each type of premises are distinct and that children are excluded from gambling areas where they are not permitted to enter.

The Authority will expect the applicant to demonstrate suitable measures to ensure that children do not have access to adult only gaming facilities. It is noted that children and young persons will be permitted to enter track areas where facilities for betting are provided on days when dog racing and horse racing takes place, but that they are still prevented from entering areas where gaming machines (other than Category D machines) are provided.

The Authority may consider measures to meet the licensing objectives such as proof of age schemes, CCTV, supervision of entrances and machine areas, specific opening hours and self-exclusion schemes. This list is not mandatory, nor exhaustive, and is merely indicative of example measures.

Where the applicant holds a pool betting operating licence and intends to use the entitlement to four gaming machines, machines (other than Category D machines) should be located in areas from which children are excluded.

The Authority will take into account the size of the premises and the ability of staff to monitor the use of the machines by children and young persons (it is an offence for those under 18 to bet) or by vulnerable people, when considering the number, nature and circumstances of betting machines an operator proposes to offer.

Permits and other authorisations

There are certain activities which do not require a premises licence but must be covered under an appropriate permit, registration or notice. These are:

• Family entertainment centre gaming machine permits
• Family entertainment centre gaming machine permit authorises Category D gaming machines at premises

The applicant must show that the premises will be wholly or mainly used for making gaming machines available for use.

The Authority will expect the applicant to show that there are policies and procedures in place to protect children from harm. Harm in this context is not limited to harm from gambling but includes wider child protection considerations. The efficiency of such policies and procedures will each be considered on their merits, however, they may include appropriate measures and training for staff as regards suspected truant school children on the premises, measures and training covering how staff would deal with unsupervised very young children being on the premises, or children causing perceived problems on and around the premises.

The Authority will expect that applicants, and staff, can demonstrate a full understanding of the maximum stakes and prizes of the gambling that is permissible under a family entertainment centre gaming machine permit.

Entitlement for up to two gaming machines

Premises licensed under the Licensing Act 2003 to sell alcohol for consumption on the premises are entitled to make available up to two gaming machines of Categories C and D. The holder of the premises licence (under the Licensing Act 2003) needs to notify the licensing authority in writing, pay the prescribed fee and comply with any relevant codes of practice.

The licensing authority can remove the automatic authorisation in respect of any particular premises if:

• provision of the machines is not reasonably consistent with the pursuit of the licensing objectives
• gaming has taken place on the premises that breaches a condition of section 282 of the Act (for example, that written notice has been provided to the licensing authority, that a fee has been provided and that any relevant code of practice issued by the Gambling Commission about the location and operation of the machine has been complied with)
• the premises are mainly used for gaming
• an offence under the Gambling Act has been committed on the premises

Licensed Premises Gaming Machine Permit

If the holder of an alcohol-licensed premises (under the Licensing Act 2003) wishes to make available more than 2 machines, they need to apply for a permit and the licensing authority must consider that application based upon the licensing objectives, any guidance issued by the Gambling Commission issued under Section 25 of the Act, and "such matters as they think relevant."

Applications will be decided on a case by case basis but generally there will be regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the authority that there will be sufficient measures to ensure that under 18 year olds do not have access to the adult only gaming machines.

Measures which will satisfy the authority that there will be no access may include the adult machines being in sight of the bar, or in the sight of staff that can monitor that the machines are not being used by those under 18. Notices and signage may also help. As regards the protection of vulnerable persons, applicants may wish to consider the provision of information leaflets and helpline numbers for organisations such as GamCare.

It is recognised that some alcohol-licensed premises may apply for a premises licence for their non-alcohol licensed areas. Any such application would most likely need to be applied for and dealt with as an Adult Gaming Centre premises licence.

The Authority can decide to grant the application with a smaller number of machines or a different category of machines than that applied for.

The holder of a permit must comply with any Code of Practice issued by the Gambling Commission about the location and operation of the machine.

Prize Gaming Permits

Prize gaming permits authorise the provision of facilities for gaming with prizes on specified premises. The Act defines gaming as prize gaming if the nature and size of the prize is not determined by the number of people playing or the amount paid for or raised by the gaming. Normally the prizes are determined by the operator before play commences.

In applying for a prize gaming permit, the applicant should set out the types of gaming that they are intending to offer and should be able to demonstrate:

• that they understand the limits to stakes and prizes that are set out in Regulations
• that the gaming offered is within the law
• the steps to be taken to protect children from harm

The Act sets out the following conditions which the permit holder must comply with:

• the limits on participation fees, as set out in regulations, must be complied with
• all chances to participate in the gaming must be allocated on the premises on which the gaming is taking place and on one day; the game must be played and completed on the day the chances are allocated; and the result of the game must be made public in the premises on the day that it is played
• the prize for which the game is played must not exceed the amount set out in regulations (if a money prize), or the prescribed value (if non-monetary prize)
• participation in the gaming must not entitle the player to take part in any other gambling

Club Gaming and Club Machine Permits

Members' clubs and miners' welfare institutes may apply for a club gaming permit or a club machine permit. The club gaming permit allows the premises to provide gaming machines (3 machines of Categories B, C or D), equal chance gaming and games of chance as set out in regulations. A club machine permit allows the premises to provide gaming machines (3 machines of Categories B, C or D).

Members' clubs must have at least 25 members and be established and conducted "wholly or mainly" for purposes other than gaming unless the gaming is permitted by separate regulations (for example, bridge and whist). A members' club must be permanent in nature and not established or conducted for commercial enterprise.

Licensing authorities may only refuse an application on the grounds that:

• the applicant does not fulfil the requirements for a members' or commercial club or miners' welfare institute and therefore is not entitled to receive the type of permit for which it has applied
• the applicant's premises are used wholly or mainly by children and young persons
• an offence under the Act or a breach of a permit has been committed by the applicant while providing gaming facilities
• a permit held by the applicant has been cancelled in the previous ten years
• an objection has been lodged by the Commission or the police

The Act prescribes a 'fast-track' procedure for premises which hold a club premises certificate under the Licensing Act 2003. Under the fast-track procedure there is no opportunity for objections to be made by the Gambling Commission or the police, and the grounds upon which the Authority can refuse a permit are:

• that the club is established primarily for gaming, other than gaming prescribed under schedule 12
• that in addition to the prescribed gaming, the applicant provides facilities for other gaming
• that a club gaming permit or club machine permit issued to the applicant in the last ten years has been cancelled

There are statutory conditions on club gaming permits that no child uses a Category B or C machine on the premises and that the holder complies with any relevant provision of a code of practice about the location and operation of gaming machines.

Small Society Lotteries

A lottery generally refers to schemes under which prizes are distributed by chance among entrants who have given some form of value for their chance to take part. Small society lotteries are exempt from registration with the Gambling Commission but are required to be registered with the local authority.

A small society lottery is a lottery promoted on behalf of a non-commercial society as defined in the Act which also meets specific financial requirements set out in the Act. These will be administered by the authority for small societies who have a principal office in Stockton and want to run such lottery.

A lottery is small if the total value of tickets put on sale in a single lottery is £20,000 or less and the aggregate value of the tickets put on sale in a calendar year is £250,000 or less. The arrangements for a small society lottery must ensure that at least 20% of the proceeds of the lottery are applied to a purpose for which the society is conducted. The maximum amount that can be won by a single ticket (whether in money or money's worth) is £25,000.

To be 'non-commercial' a society must be established and conducted:

• for charitable purposes
• for the purpose of enabling participation in, or supporting, sport, athletics or a cultural activity
• for any other non-commercial purpose other than that of private gain

Where a person purchases a lottery ticket, they must receive a document (which can be sent electronically) which contains the following information:

• the promoting society
• the price of the ticket
• the name and address of the promoter (or the external lottery manager)
• the date of the draw or enables the date of the draw to be determined
• the price of each lottery ticket must be the same

The promoting society of a small society lottery must send to the registering local authority a statement containing the matters of the lottery (as listed below) within three months of the draw date.

The statement must be signed by two members of the society who are appointed for the purpose by the society in writing. A copy of that appointment by the society should accompany the statement. The statement should include the following information:

• the dates on which tickets were available for sale or supply
• the dates of any draw
• the arrangements for prizes (including any rollover)
• the proceeds of the lottery
• the amounts deducted in respect of the provision of prizes
• the amounts deducted in respect of costs incurred in organising the lottery
• the amounts applied to a purpose for which the society is conducted
• any other expenses incurred

The other types of exempt lotteries are 'incidental non-commercial lotteries', 'private lotteries' and 'customer lotteries'. This includes raffles held at non-commercial events such as school fetes. If you require guidance on the different categories of lotteries please contact the Licensing Service.

Incidental Lotteries

A lottery is exempt from registration if it is incidental to an event and the lottery is promoted wholly for a purpose other than private gain.

Lottery tickets may only be sold or supplied on the premises on which the event takes place and while the event is taking place. Incidental lotteries must not include a rollover.

Promoters of an incidental lottery may not deduct from the proceeds more than the prescribed amounts in respect of the cost of prizes and the costs incurred in organising the lottery.

Private Lotteries

A lottery is exempt from registration if it is a private society lottery, a work lottery or a residents' lottery.

A private society lottery must be promoted only by authorised members of a society and each member and tickets must be sold must be a member of the society or on premises wholly or mainly used for the society's affairs. A private society lottery may be promoted for any of the purposes for which the society is conducted or for any other purpose other than private gain.

A lottery is a work lottery if the promoters work on a single set of premises and tickets are only sold or supplied to people who also work on the premises.

A lottery is a residents' lottery if the promoters live on a single set of premises and tickets are only sold or supplied to people who also live on the premises.

A work lottery or residents' lottery must be organised in such a way as to ensure that no profits are made or promoted wholly for a purpose other than that of private gain.

The price payable for each ticket in a private lottery must be the same and there can be no rollover.

Customer Lotteries

A lottery is exempt from registration if the promoter occupies premises in the course of a business and tickets are only sold to customers of that business while they are on the premises.

A customer lottery must be organised in such a way to ensure that no profits are made.

Each ticket in a customer lottery must state the name and address of the promoter and must explain the class of persons that can purchase a ticket and also that tickets are not transferable.

The price payable for each ticket in a private lottery must be the same and must be displayed on each ticket. There can also be no rollover.

Temporary Use Notices

Temporary use notices are subject to the limits and procedures set out in Part 9 of the Act. Temporary use notices can be given by the holder of an operating licence to use premises for gambling where there is no premises licence. Premises that might be suitable for a temporary use notice would include hotels, conference centres and sporting venues.

The Licensing Authority can only grant a Temporary Use Notice to a person or company holding a relevant operating licence, for example, a non-remote casino operating licence and may specify a prescribed activity only if the person's operating licence authorises the activity.

Regulations prescribe the activities which may be specified in a temporary use notice as providing facilities for any form of equal chance gaming where those participating in the gaming are taking part in a competition which is intended to produce a single, overall winner (this does not include the use of a gaming machine).

Visit Legislation.gov.uk for further information.

Occasional Use Notices

An occasional use notice allows a person to accept bets on a track, or cause or permit premises to be used for the acceptance of bets.

An occasional use notice may not be given in respect of a track for a day in a calendar year if eight occasional use notices have been given in respect of that track for days in that year.

Travelling Fairs

A 'travelling fair' is a fair held on a day in a calendar year consisting wholly or principally of the provision of amusements and provided by persons who travel from place to place for the purpose of providing fairs. Category D machines and equal chance prize gaming can be provided at a travelling fair without a permit where the facilities for gambling amount together to no more than an ancillary amusement at the fair.

A travelling fair cannot be provided at a place no part of which has been used for the provision of a fair on more than 27 days in a calendar year, it applies to the piece of land on which the fairs are held, regardless of whether it is the same or different travelling fairs occupying the land. This Licensing Authority will work with its neighbouring authorities to ensure that land that crosses our boundaries is monitored so that the statutory limits are not exceeded.

Enforcement and Hearings

The Authority has established a Statutory Licensing Committee to administer the wide range of licensing decisions and functions it is responsible for. Appreciating the need to provide a speedy, efficient and cost-effective service to all parties involved in the licensing process, the Committee has established a Sub-Committee and delegated certain decisions and functions.

Many of the decisions and functions will be purely administrative in nature and the grant of non-contentious applications, including for example, those licences and permits where no representations have been made, will be delegated to Authority officers.

This form of delegation is without prejudice to officers referring an application to a Sub-Committee or Full Committee, or Full Authority if considered appropriate in the circumstances of any particular case.

The Sub-Committee of three Councillors will sit to hear applications where representations have been received from interested parties and responsible authorities. Ward Councillors will not sit on a Sub-Committee involving an application within their ward.

Where a Councillor who is a member of the Licensing Sub-Committee is making or has made representations regarding a licence on behalf of an interested party, in the interests of good governance they will disqualify themselves from any involvement in the decision making process affecting the licence in question.

The Licensing Sub-Committee will also refer to the Licensing Committee any matter it is unable to deal with because of the number of its members who are unable to take part in the consideration or discussion of any matter or vote on any question with respect to it.

Every determination of a licensing decision by the Licensing Committee or a Licensing Sub-Committee shall be accompanied by clear, cogent reasons for the decision. The decision and the reasons for that decision will be sent to the applicant and those who have made relevant representations as soon as practicable. A summary of the decision shall also be posted on the Authority's website as soon as possible after the decision has been confirmed, where it will form part of the statutory licensing register required to be kept by the Authority.

The Authority's licensing officers will deal with all other licensing applications either where no representations have been received, or where representations have been received and withdrawn, or it is agreed by the parties that a hearing is not necessary.

"Frivolous" or "vexatious" representations need not be taken into consideration by the Authority, matters which this Licensing Authority may consider in deciding whether a representation is frivolous or vexatious include the following:

• who is making the representation and whether there is a history of making applications that are not relevant
• whether it raises a relevant issue
• whether it raises issues specifically to do with the premises that are the subject of the application
• where representations are rejected, the person making the representation will be given written reasons as to why this is the case. There is no right of appeal against a determination that representations are not admissible

Responsible Authorities

Responsible authorities are public bodies that must be notified of applications and are entitled to make representations to the licensing authority in relation to applications for, and in relation to, premises licences.

The Licensing Authority 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 authority about the protection of children from harm. The principles are:

• the need for the body to be responsible for an area covering the whole of the Licensing Authority's area
• the need for the body to be answerable to democratically elected persons, rather than any particular vested interest group

In accordance with the suggestion in the Gambling Commission's Guidance for local authorities, this authority designates the Local Safeguarding Children Board for this purpose.

The Responsible Authorities are:

• The Authority
• The Gambling Commission
• The Chief Officer of Police or Chief Constable
• The Authority's Planning Department
• The Authority's Environmental Protection team
• The Local Safeguarding Children Board

The contact details of for the Responsible Authorities are attached at Appendix 1.

Interested Parties

Interested parties can also make representation to the licensing authority in relation to applications for, and in relation to, premises licences. A person is an interested party in relation to an application for, or in respect of, a premises licence if, in the opinion of the Authority:

• the person lives sufficiently close to the premises to be likely to be affected by the authorised activities
• has business interests that might be affected by the authorised activities
• or represents persons who satisfy paragraph (a) or (b)

When determining whether a person is an interested party, the Authority will apply the following principles:

• each case will be decided upon its merits
• the authority will not apply a rigid rule to its decision making
• the authority will consider the examples of considerations provided in the Guidance
• the authority will also consider the Guidance that the term "business interests" should be given the widest possible interpretation and include partnerships, charities, faith groups and medical practices

Interested parties can be persons who are democratically elected such as Councillors and MPs. No specific evidence of being asked to represent an interested person will be required as long as the Councilors represents the ward likely to be affected. Likewise, Parish Councillors likely to be affected will be interested parties. Other than these however, this authority will generally require written evidence that a person or body (for example, an advocate or relative) 'represents' someone who either lives sufficiently close to the premises to be likely to be affected by the authorised activities, and has business interests that might be affected by the authorised activities.

A letter from one of these persons, requesting the representation is sufficient. If individuals wish to approach Councillor to ask them to represent their views, then care should be taken that the Councillor are not part of the Licensing Committee dealing with the licence application. If there are any doubts then please contact the Licensing Team.

Anyone wishing to make a representation concerning an application will be required to relate their objection to one or more of the licensing objectives, as specified in Part A of this statement.

Enforcement

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. This Licensing Authority's principles will be guided by the Commission's Guidance for local authorities and will be:

• proportionate - regulators should only intervene when necessary, remedies should be appropriate to the risk posed, and costs identified and minimised
• accountable - regulators must be able to justify decisions, and be subject to public scrutiny
• consistent - rules and standards must be joined up and implemented fairly
• transparent - regulators should be open, and keep regulations simple and user friendly
• targeted - regulation should be focused on the problem and minimise side effects

As per the Commission's Guidance for local authorities this Licensing Authority will endeavour to avoid duplication with other regulatory regimes so far as possible and as recommended by the Commission's Guidance adopt a risk-based inspection programme. 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 it authorises, concerns about manufacture, supply or repair of gaming machines will not be dealt with by the Licensing Authority but will be notified to the Commission.

This Authority will have regard to the Statutory Regulator's Code which came into force in April 2014. We support the principle of better regulation to promote efficient, proportionate and effective approaches to enforcement and inspection and policy formulation that improve regulatory outcomes without imposing unnecessary burdens on business. A copy of the Regulators Code can be found on GOV.UK.

Read the Stockton Borough Authority's Corporate Enforcement Policy.

This Authority acknowledges the Primary Authority Scheme. This scheme allows businesses to be involved in their own regulation. It enables them to form a statutory partnership with one local authority, which then provides robust and reliable advice for other local regulators to consider when carrying out inspections or addressing non-compliance. Where there is a Primary Authority Arrangement in place between a business operator and a local authority no enforcement action will be taken before consultation with the Primary Authority. Further information on the scheme and an up to date list of arrangements can be accessed on the Gambling Commission website.

In relation to the underage gambling controls, this Licensing Authority will follow the Better Regulation Delivery Office Code of Practice for Age Restricted Products and Services. We will consider the use of test purchase checks with young volunteers where there is evidence that it is necessary and proportionate to do so and will work in conjunction with the Commission where appropriate.

In relation to self-exclusion procedures, this Licensing Authority will consider the use of test purchase exercise where there is evidence that it is necessary to do so and will work in conjunction with the Commission where appropriate.

The Better Regulation Delivery Office (BRDO) Regulators' Code has been considered in order to promote proportionate, consistent and targeted regulatory activity through the development of transparent and effective dialogue and understanding between the licensing authority and the trade.

Reviews

Requests for a review of a premises licence can be made by interested parties or responsible authorities, however, it is for the licensing authority to decide whether the review is to be carried out. In deciding whether to carry out a review the Authority will have regard to the Guidance, this statement of principles and the relevancy of the request with the licensing objectives.

The request for the review will also be subject to the consideration by the authority as to whether the request is frivolous, vexatious, or whether it will certainly not cause this authority to wish to alter, revoke, suspend the licence, or whether it is substantially the same as previous representations or requests for review.

The licensing authority can also initiate a review of a particular premises licence, or a particular class of premises licence on the basis of any reason which it thinks is appropriate.

Once a valid application for a review has been received, representations can be made by responsible authorities and interested parties during a 28 day period. This period begins 7 days after the application was received by the licensing authority, who will publish notice of the application within 7 days of receipt.

Reviews will be carried out as soon as possible after the 28-day period for making representations has passed. The purpose of the review will be to determine whether the licensing authority should take any action in relation to the licence. If action is justified, the options open to the licensing authority are:

• add, remove or amend a licence condition imposed by the licensing authority
• exclude a default condition imposed by the Secretary of State (for example, opening hours) or remove or amend such an exclusion
• suspend the premises licence for a period not exceeding three months
• revoke the premises licence

In determining what action, if any, should be taken following a review, the licensing authority must have regard to the principles set out in section 153 of the Act, as well as any relevant representations. In particular, the licensing authority may also initiate a review of a premises licence on the grounds that a premises licence holder has not provided facilities for gambling at the premises. This is to prevent people from applying for licences in a speculative manner without intending to use them.

Once the review has been completed, the licensing authority must, as soon as possible, notify its decision to:

• the licence holder
• the applicant for review (if any)
• The Commission
• any person who made representations
• The Chief Officer of Police or Chief Constable
• Her Majesty's Commissioners for Revenue and Customs Enforcement

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. With respect to exercising the functions under Part 15 of the Act with regards to the inspection of premises, the Authority will have regard to the Guidance and, in doing so, will endeavour to be:

• proportionate - regulators should only intervene when necessary: remedies should be appropriate to the risk posed, and costs identified and minimised
• accountable - regulators must be able to justify decisions, and be subject to public scrutiny
• consistent - rules and standards must be joined up and implemented fairly
• transparent - regulators should be open, and keep regulations simple and user friendly
• targeted - regulation should be focused on the problem and minimise side effects

The main enforcement and compliance role for this licensing authority in terms of the Act is to ensure compliance with the premises licences and other permissions which it authorises. The Gambling Commission is the enforcement body for the operating and personal licences. It is also worth noting that concerns about manufacture, supply or repair of gaming machines are also the responsibility of the Gambling Commission.

Complaints about Licensed Premises

The Authority will investigate complaints against licensed premises in relation to matters relating to the licensing objectives for which it has responsibility. In the first instance, complainants are encouraged to raise the complaint directly with the licence holder or business concerned to seek a local resolution. Where an interested party has made either a valid representation about licensed premises or a valid application for a licence review, the Licensing Authority may initially arrange a conciliation meeting to address and clarify the issues of concern.

This process will not override the right of any interested party to ask that the Licensing Committee consider their valid objections or for any licence holder to decline to participate in a conciliation meeting.

Variations to Licensed Premises

Should the authority receive an application to vary a premises licence for a bingo or betting in order to extend the opening hours, then in accordance with the Commission Guidance this authority will need to be satisfied that the reason for the application is in line with the requirements on primary gambling activity (for example, the need for operating licence holders to ensure that the gambling activity is appropriate to the licence type ("the primary activity" or "the principal activity") is actually offered at those premises and not replaced by the making available of gaming machines)). Therefore the applicants will be expected to demonstrate that the extension of the opening hours is not designed solely to benefit from the machine entitlement which is an activity ancillary to the primary activity of the premises, namely betting or bingo.

Address: Church Road, Stockton-on-Tees, TS18 1LD

Telephone: 01642 524802

Email: licensing@stockton.gov.uk

GamCare - the main support organisation in the UK, which runs the National Gambling Helpline (0808 8020 133) 24 hours a day 7 days a week

National Gambling Clinic

Gamblers Anonymous UK

Independent Betting Arbitration Service

Stockton-on-Tees Borough Council gambling licenses and permits

Department of Culture Media and Sport - Gambling regulations

Gambling Commission

The Gambling Act 2005

Useful contacts

Licence Applications, Compliance and Statement Related Issues

Licensing Service, Stockton-on-Tees Borough Council

Municipal Buildings, Church Road, Stockton-on-Tees, TS18 1LD

Telephone: 01642 524802

Email: licensing@stockton.gov.uk

Cleveland Police

Divisional Licensing Unit

Bridge Street West, Middlesbrough, TS2 1AB

Telephone: 01642 302360

Email: stockton.licensing@cleveland.pnn.police.uk

Protection of children from harm

Childrens Services, Stockton-on-Tees Borough Council

3rd Floor, Kingsway House, Billingham, TS23 2NX

Telephone: 01642 677600

Email: cslicensing@stockton.gov.uk

Environmental Matters - Noise, Health and Safety

Environmental Health, Stockton-on-Tees Borough Council

16 Church Road, Stockton-on-Tees, TS18 1TX

Telephone: 01642 526555

Email: environmental.health@stockton.gov.uk

CCTV, Crime and Disorder

Community Safety, Stockton-on-Tees Borough Council

The Square, Stockton-on-Tees

Telephone: 01642 527616

Email: communitysafetyteam@stockton.gov.uk

Cleveland Fire Service

Cleveland Fire Brigade Fire Safety Division

Endeavour House, Stockton Road, Hartlepool

Telephone: 01429 872311

Email: hpfs@clevelandfire.gov.uk

Community Engagement

Community Engagement Team

Telephone: 01642 528830

Email: engagement@stockon.gov.uk

Planning Matters

Planning Service, Stockton-on-Tees Borough Council

Municipal Buildings, Church Road, Stockton-on-Tees, TS18 1LD

Telephone: 01642 526022

Email: planningdevelopmentservices@stockton.gov.uk

Safer Stockton Partnership

Community Protection, Stockton-on-Tees Borough Council

PO Box 232, 16 Church Road, Stockton-on-Tees, TS18 1XD

Telephone: 01642 527075

Email: communitysafetyteam@stockton.gov.uk

Care For Your Area

Care for Your Area, Stockton-on-Tees Borough Council

Cowpen Lane Depot, Cowpen Lane, Billingham, TS23 4DD

Telephone: 01642 527739

Email: careforyourarea@stockton.gov.uk

Economic Growth and Development Services

Business Engagement, Stockton-on-Tees Borough Council

Municipal Buildings, Stockton-on-Tees, TS18 1LD

Telephone: 01642 526010

Email: business.enquiries@stockton.gov.uk

Public Health

Public Health Team, Stockton-on-Tees Borough Council

Municipal Buildings, Stockton-on-Tees, TS18 1LD

Telephone: 01642 528474

Email: public.healthteam@stockton.gov.uk

The Gambling Commission

Gambling Commission, 4th Floor, Victoria Square House, Victoria Square, Birmingham, B2 4BP

Email: info@gamblingcommision.gov.uk

Website: www.gamblingcommission.gov.uk

References

LGA, 2023. Tackling Gambling Related Harm: A Whole Council Approach
Available at: Tackling gambling related harm: A whole council approach | Local Government Association

Office for Health Improvement and Disparities, 2023. The economic and social cost of harms associated with gambling in England, s.l.: GOV.UK

House of Lords, 2021. Gambling Harm - Time for Action, s.l.: Authority of the House of Lords

Gambling-Commission, 2024. Industry Statistics. (online)

Stark, S., Reynolds, J. and Wiebe, J., 2021. Gambling and Gaming in an Ontario Sample of Youth and Parents. Journal of Gambling Issues, Volume 46

YGAM, 2023. Annual Student Gambling Survey, UK: s.n.