Agenda item

Report of the Director of Law and Governance

The Cabinet Member for Policing and Equalities considered a report of the Director of Law and Governance which sought the Cabinet Member’s views onand approval to consult on the draft revised Gambling Policy Statement of Principles 2025 – 2028 under the Gambling Act 2005. The Cabinet Member noted that the report would be considered by the Licensing and Regulatory Committee at their meeting on 6 August, 2024. A copy of the draft revised Policy was appended to the report.

The report indicated that under the terms of the Gambling Act 2005 the Council’s Gambling Policy Statement of Principles has to be renewed every three years. The current Gambling Policy Statement of Principles came into effect on 31st January 2022 and a review must therefore be completed. There is a requirement in the Act for the Council to publish and advertise the revised Gambling Policy Statement of Principles at least 4 weeks before, by 3rd January 2025. The Gambling Policy Statement of Principles produced by the Licensing Authority under the Gambling Act 2005 will be relevant for all licensing decisions taken by the Council as the licensing authority over three years commencing on 31st January 2025.

The general principles of the Gambling Policy Statement of Principles remain the same and the document is still centered around the Gambling Act’s three licensing objectives, 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; and

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

Before amending the Policy for a further three-year period, licensing authorities are required to carry out a wide consultation process. In addition to those it must consult by law, the Council has authority to include in the process any individuals or organisations it deems appropriate. The Responsible Authorities (statutory consultees – Gambling Commission, West Midlands Police, West Midlands Fire and Rescue Service, Planning, Environmental Health (functions in relation to pollution to the environment or harm to human health) Safeguarding Children Board, HM Revenue & Customs, Community Safety Team and Public Health will be consulted on the draft revised policy.

The public consultation exercise will begin on the 9th August 2024, for a 6 week period and finish on the 20th September 2024 and will include the following elements:

  •  Mail shots to representatives of the licensed trade, clubs and key   partners;

  •  Formally writing to the Chief Officers of the responsible    authorities;

  •  Mail shots to businesses and organisations, places of worship;   and

  •  Wider public consultation through the City Council Website.

The revised Policy complies with updated Gambling Commission guidance and regulations. It has been developed with all 6 Warwickshire Licensing Authorities (Warwickshire County Council, North Warwickshire Borough Council, Nuneaton & Bedworth Borough Council, Rugby Borough Council, Stratford on Avon District Council and Warwick District Council), although each authority has adapted the policy to suit the needs of their area and profile.

There are no proposed significant changes to the Policy, only minor amendments and additions. These were be shown highlighted in yellow in the draft revised Policy.

The Cabinet Member and Deputy Cabinet Member asked questions and sought assurances in relation to current enforcement and planning matters and noted that there are potential forthcoming changes which are under review from the Gambling Commission, but at this stage full details of these changes have not been confirmed. The proposed changes include improving consumer choice on direct marketing, strengthening age verification in premises, amending and introducing new requirements on remote game design, remote gambling (financial vulnerability checks and financial risk assessments). Once these changes have been implemented a further review of the Policy will take place.

RESOLVED that the Cabinet Member for Policing and Equalities:-

1)  Notes the draft revised Gambling Policy Statement of Principles and authorises the Director of Law & Governance to carry out the consultation as detailed in the report.

2)  Requests officers to undertaken underage test purchases in premises licenced under the Gambling Act 2005.