Stockton-on-Tees Draft Gambling Statement of Principles

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.