This Statement of Principles has been drafted at a time when a number of regulations, Operating/Personal Licence conditions, Codes of Practice and guidance are not yet published.   Should anything in these impact upon the content of this document it will need to be borne in mind and amended at a later stage, bearing in mind resource implications for the authority.   All references to the Gambling Commission’s Guidance for local authorities refer to the Guidance published in April 2006.

• Background Information
• Glossary of Terms
• Part A - Introduction
• Part B - Premises Licences General
• Part C - Premises Licences Specific
• Part D - Permits, Temporary and Occasional Use Notice
• Part E - Decision Making and Complaints
• Appendices
• Obtaining a copy of the Draft Statement of Principles
• Feedback Form

Background Information

Bath & North East Somerset Council (the Council), is the Licensing Authority for Bath and North East Somerset under the Gambling Act 2005 (the Act).   This means that the Council will be responsible for granting premises licences and various permits with respect to gambling activities in the area and will be responsible for processing Temporary and Occasional Use Notices.

The Act creates a new system of licensing and regulation for commercial gambling.   Amongst other changes, it gives to local authorities new and extended responsibilities for licensing premises for gambling.   In some cases, such as gaming machine arcades, those build on existing responsibilities.   In other major areas, including betting, casino gaming and bingo, they transfer to local authorities responsibilities which previously lay with local licensing justices.

Under the Act, each licensing authority is required to develop, consult on and publish a statement of its licensing principles.  The statement must set out the principles, which the Authority proposes to apply in exercising its licensing functions under the Act.

The Gambling Commission has issued Guidance to all local authorities on the manner by which they are to exercise their functions under the Act and the principles to be applied when exercising those functions.   The draft principles are set out in Parts A – E of this document and have been developed in accordance with the requirements of the Guidance.  

The Act requires that Licensing Authorities carry out consultation of their proposed principles and that all of 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.

In addition to the above, the following will also be consulted: a wide range of organisations including voluntary and community organisations working with children and young people, organisations including those that work with people who are problem gamblers, Primary Care Trust, and advocacy organisations such as the Citizen’s Advice Bureau.

There has also been consultation with other tiers of local government such as planning, economic development, environmental health, and local businesses who are, or will be, holders of a premises licence.

The list of persons who have been consulted is deliberately wide.   This has enabled the Licensing Authority to undertake a comprehensive consultation exercise with anyone who may be affected by or otherwise have an interest in the licensing policy statement.

Hard copies of this Statement of Principles can be obtained from:

Licensing Services
Bath & North East Somerset Council
9-10 Bath Street
Bath
BA1 1SN

Or via email to licensing@bathnes.gov.uk.

Or you can telephone us on 01225 477536 for further information.

A printable version is available in pdf format:

• Gambling Act 2005 - Statement of Principles (pdf 972k)

This document can be made available in a range of languages, large print, Braille, audio, electronic and other accessible formats.   Please use the above contact details if you would like any further information.

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PART A - INTRODUCTION

1  The Licensing Objectives

1.1  In exercising most of their functions under the Act, this Licensing Authority will have regard to the licensing objectives as set out in Section 1 of the Act.

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

1.2  The Licensing Authority is aware that, as per section 153, in making decisions about premises licences and Temporary Use Notices it should aim to permit the use of premises for gambling in so far as it thinks fit.

• 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 and
• In accordance with the authority’s statement of licensing policy

2  Introduction

2.1  Bath & North East Somerset Council (the Council) is situated in North East Somerset, and runs from the outskirts of Bristol, south into the Mendips and east to the Southern Cotswolds and Wiltshire border.  Its 220 square miles, two thirds of which is green belt, combine Areas of Outstanding Natural Beauty with some of the most significant historical treasures found anywhere in Europe.

2.2  Approximately half the population lives in the City of Bath, the largest settlement and a UNESCO World Heritage Site famed for its Georgian splendour and its Roman antiquities.   Bath and North East Somerset is also home to vibrant high technology and multi media business sectors. Keynsham is the largest town in North East Somerset, and occupies a key position in this respect.   It represents an important commercial and cultural centre, including a number of strategic industrial sites.

2.3  There are also important residential and commercial centres at Midsomer Norton and Radstock in the south. This area also boasts its own unique industrial heritage, being the site of the former Somerset coalfield.

2.4  The Council is responsible for serving the needs of this unique area and its 170,000 population, and as a Unitary Authority is charged with the delivery of all Local Authority services – from education to recycling, from planning to social services, from libraries to roads.

2.5  A map of the Council area is shown at Appendix A.

2.6     Licensing Authorities are required by the Gambling Act 2005 (the Act), to publish a statement of the principles which they propose to apply when exercising their functions.  This statement must be published at least every three years and must also be reviewed from “time to time” and any amended parts re-consulted upon.

2.7  This is the first of the policy statements and the Council will be consulting widely upon this before finalising and publishing.

2.8  The Act requires that the following parties are consulted by Licensing Authorities:

• 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.

A full list of the people consulted in producing the statement will be provided in the final policy.

2.9  Whilst this statement of policy sets out a general approach to the exercise of functions under the Act, it does not override the right of any person to make an application under the Act and to have that application considered on its merits.

2.10  Additionally, this statement of policy does not undermine the right of any person to make representations on an application or to seek a review of a licence.

3  Declaration

3.1  In producing its final Statement of Principles, this Licensing Authority declares that it will have had regard to the licensing objectives of the Act, the Guidance issued by the Gambling Commission, and any responses from those consulted on the  policy statement.

4  Responsible Authorities

4.1  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 etc.

4.2  In accordance with the Gambling Commission’s Guidance for Local Authorities this Authority designates the Local Safeguarding Children Board for this purpose.

This organisation has been chosen is because they are an independent committee, which covers the whole of the Bath and North East Somerset area. 

4.3  The contact details of all the Responsible Authorities under the Act are available via the Council’s website at:  www.bathnes.gov.uk/licensing

5  Interested Parties

5.1  Interested parties can make representations about licence applications, or apply for a review of an existing licence.   These parties are defined as follows:

“For the purposes of this Part 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 Licensing Authority which issued the licence or to which the application is made, the person:

a)  lives sufficiently close to the premises to be likely to be affected by the authorised activities,

b)  has business interests that might be affected by the authorised activities, or

c)  represents persons who satisfy paragraph (a) or (b).”

5.2  The Licensing Authority is required by regulations to state the principles it will apply in exercising its powers under the Act to determine whether a person is an interested party.  The principles are:

5.3  Each case will be decided upon its merits.   This Authority will not apply a rigid rule to its decision making.   It will consider the examples of considerations provided in the Gambling Commission’s Guidance to Local Authorities.   The Licensing Authority will also consider the Gambling Commission’s Guidance that the phrase “has business interests” should be given the widest possible interpretation and include partnerships, charities and medical practices.

5.4  The Gambling Commission has recommended that the Licensing Authority states that interested parties include trade associations, trade unions, and residents’ associations.   This Authority will not however generally view these bodies as interested parties unless they have a member who can be classed as one under the terms of the Act, e.g. lives sufficiently close to the premises to be likely to be affected by the activities being applied for.

5.5  Interested parties can be persons who are democratically elected such as Councillors and MPs.   No specific evidence of being asked to represent an interested party will be required as long as the councillor/MP represents the ward likely to be affected.   Likewise, parish councils likely to be affected will be considered to be interested parties.   Other than these persons, this Authority will generally 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 affected by the authorised activities.   A letter from one of these persons, requesting the representation is sufficient.

5.6  If individuals wish to approach Councillors to ask them to represent their views then care should be taken that the Councillors are not part of the Licensing Committee dealing with the licence application.  If there are any doubts then please contact Licensing Services via e-mail at licensing@bathnes.gov.uk. or by telephone on 01225 477536.

6  Exchange of Information

6.1  The principle that this Licensing Authority applies is that it will act in accordance with the provisions of the Act in its exchange of information between itself and the gambling Commission, which includes the provision that the Data Protection Act 1998 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, when it is published, as well as any relevant regulations issued by the Secretary of State under the powers provided in the Act.

7  Enforcement

7.1  This Licensing Authority’s principles with regard to the inspection of licensed premises are that:

With regard to enforcement the Licensing Authority will be guided by the Gambling Commission’s Guidance for Local Authorities and it will endeavour to be:

• Proportionate:  regulators should only intervene when necessary remedies should be appropriate to the risk posed, and the 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, regulations should be kept simple and user friendly; and
• Targeted:  regulation should be focused on the problem and minimise side effects.

7.2  As per the Gambling Commission’s Guidance for Local Authorities the Licensing Authority will endeavour to avoid duplication with other regulatory regimes as far as possible.

7.3  This Licensing Authority will also, as recommended by the Gambling Commission’s Guidance for Local Authorities, adopt a risk-based inspection programme.   This would include targeting high-risk premises that require greater attention, whilst operating a lighter touch in respect of low-risk premises, so that resources are more effectively concentrated on problem premises.

7.4  The main enforcement and compliance role for this Licensing Authority in terms of the Act will be to ensure compliance with the Premises Licences and other permissions, which it authorises.   The Gambling Commission will be the enforcement body for the Operator and Personal Licences.   It is also worth noting that 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 from LACORS that the Gambling Commission will be responsible for compliance as regards unlicensed premises.

7.5  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.   The Website for the Better Regulation Executive can be viewed online at www.cabinetoffice.gov.uk.

7.6  The Licensing Authority will also follow the principles set out in the Environmental Services Enforcement Policy, which proposes that a graduated response is taken where offences against legislation are found or where licence conditions have been contravened.   An isolated administrative offence, such as failing to maintain certain records, may be dealt with by way of a written warning.   More serious offences may result in a referral to Sub-Committee, the issue of a formal caution or a referral for prosecution.

7.7  The Licensing Authority intends to use appropriate enforcement to promote the licensing objectives.   Once licensed, it is essential that premises are monitored to ensure that they are run in accordance with their operating schedules, in compliance with the specific requirements of the Act and in compliance with any licence conditions.   It will also be important to monitor the area for unlicensed premises.

7.8  The Licensing Authority will seek to work actively with the police in enforcing licensing legislation and intends to establish protocols with the Avon and Somerset Constabulary, the Avon Fire and Rescue Service, and other Council bodies such as Environmental Health, Trading Standards and Child Protection on enforcement issues to ensure an efficient deployment of officers.

7.9  Bearing in mind the principle of transparency, this Licensing Authority’s enforcement policy and joint protocol will be available upon request from:

Licensing Services
9-10 Bath Street
Bath
BA1 1SN

Tel:  01225 477536
E-mail:  licensing@bathnes.gov.uk

8  Licensing Authority Functions

8.1  The Licensing Authorities’ functions under the Act are to:

• Be responsible for the licensing of premises where gambling activities are to take place by issuing Premises Licences
• Issue Provisional Statements
• Regulate members’ clubs and miners’ welfare institutes who wish to undertake certain gaming activities via issuing Club Gaming Permits and/or Club Machine Permits
• Issue Club Machine Permits to Commercial Clubs
• Grant permits for the use of certain lower stake gaming machines at  unlicensed Family Entertainment Centres
• Receive notifications from alcohol licensed premises (under the Licensing Act 2003) of the use of two or fewer gaming machines
• Issue 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
• Register small society lotteries below prescribed thresholds
• Issue Prize Gaming Permits
• Receive and Endorse Temporary Use Notices
• Receive Occasional Use Notices
• Provide information to the Gambling Commission regarding details of licences issued (see Section 6 above “Exchange of Information”)
• Maintain registers of the permits and licences that are issued under these functions.

8.2  It should be noted that the Local Licensing Authority will not be involved in licensing remote gambling at all.   This will fall to the Gambling Commission via Operator Licences.

9  Gambling Commission Functions

9.1  The Gambling Commission regulate gambling in the public interest.  It does so by keeping crime out of gambling by ensuring that gambling is conducted fairly and openly, and by protecting children and vulnerable people.

9.2  The Commission provides independent advice to the government about the manner in which gambling is carried out, the effects of gambling and the regulation of gambling generally.

9.3  The Commission has issued Guidance under Section 25 of the Act regarding the manner in which Local authorities exercise their licensing functions under the Act and, in particular, the principles to be applied by local authorities.

9.4  The Commission will also issue one or more codes of practice under Section 24 of the Act about the manner in which facilities for gambling are provided, which may also include provisions about the advertising gambling facilities.

9.5  The Gambling Commission can be contacted at www.gamblingcommission.gov.uk. 

10  Legislation

10.1  In undertaking its licensing function under the Gambling Act 2005, the Council is also bound by other legislation, including:

1. Section 17 of the Crime and Disorder Act 1988;
2. Human Rights Act 1998;
3. Health and Safety at Work Act 1974;
4. Environmental Protection Act 1990;
5. The Anti-Social Behaviour Act 2003;
6. The Race Relations Act 1976 (as amended).

10.2  However, the policy is not intended to duplicate existing legislation and regulation regimes that already place obligations on operators and employers.

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PART B – PREMISES LICENCES (GENERAL)

11  Transitional Arrangements

11.1  During the transitional arrangements period specified in the Act, a Premises Licence will be issued to persons applying under an Order made by the Secretary of State under Schedule 18 of the Act, who have supplied the required information, documentation and fee.   Issue of licences will be on the basis of existing permissions being continued.   If however, the Police make a representation that the conversion of an existing licence would undermine the prevention of crime and disorder objective; the licence will be referred to the Council’s Licensing Committee for consideration.

12  Premises Licences

12.1  Premises Licences will be subject to the permissions/restrictions set out in the Act and Regulations, as well as specific mandatory and default conditions, which will be detailed in Regulations issued by the Secretary of State.   Licensing Authorities are able to exclude default conditions and also attach others, where it is believed by the Council to be appropriate.

12.2  The Licensing Authority is aware that in making decisions about premises licences it 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 and
• In accordance with the Authority’s statement of Gambling Policy.

12.3  Definition of “premises” – Premises is defined in the Act as “any place”.  It is for the Licensing Authority to decide whether different parts of a building can be properly regarded as being separate premises and as the Gambling Commission states in its Guidance for Local Authorities, it “will always be a question of fact in the circumstances”.   The Gambling Commission does not however consider that areas of a building that are artificially or temporarily separate can be properly regarded as “different” premises.

12.4  This Licensing Authority takes particular note of the Gambling Commission’s Guidance for Local Authorities, which states that in considering applications for multiple licences for a building or those for a specific part of the building to be licensed, “entrances 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.”

12.5  This Licensing Authority will also take note of the Gambling Commission’s Guidance to Local Authorities that: “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).”

12.6  Location – The Licensing 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 can.   As per the Gambling Commission’s Guidance for Local Authorities, 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 areas where gambling premises should not be located, this Statement of Principles 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 any concerns raised can be overcome.

12.7  Duplication with other regulatory regimes – The Licensing Authority will seek to avoid any duplication with other statutory/regulatory systems where possible, including planning.   This Licensing Authority will not consider whether a licence application is likely to be awarded planning or building consent, in its consideration of it.   This Licensing Authority will listen to, and consider carefully, any concerns about conditions, which are not able to be met by licensees due to planning restrictions, should such a situation arise.

12.8  Licensing Objectives – Premises licences which are granted by the Council must be reasonably consistent with the licensing objectives.   With regard to these objectives, this Licensing Authority has considered the Gambling Commission’s Guidance to Local authorities.

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

13.1  The Council places considerable importance on the prevention of crime and disorder, and will fulfil its duty under s17 of the Crime and Disorder Act 1998 to do all it reasonably can to prevent crime and disorder in the area.   A high standard of control is therefore expected to be exercised over licensed premises.

13.2  The Licensing Authority will, when determining applications, consider whether the grant of a Premises Licence will result in an increase in crime and disorder.

13.3  Applicants are encouraged to discuss the crime prevention procedures in their premises with the Council’s Licensing Officers and Avon and Somerset Constabulary before making a formal application.

13.4  In considering licence applications, the Local Authority will particularly take into account the following:    

1. The location of the premises;
2. The design and layout of the premises;
3. The training given to staff in crime prevention measures appropriate to  those premises;
4. Physical security features installed in the premises.  This may include matters such as the position of cash registers or the standard of CCTV  that is installed;
5. Where premises are subject to age restrictions, the procedures in place to conduct age verification checks;
6. The likelihood of any violence, public order or policing problem if the licence is granted.

14  Ensuring that gambling is conducted in a fair and open way

14.1  The design and layout of the premises This Licensing Authority has noted that the Gambling Commission in its Guidance for Local authorities has stated that “Generally the Commission would not expect Licensing Authorities to become concerned with ensuring that gambling is conducted in a fair and open way as this will be a matter for the management of the gambling business, and therefore subject to the operating licence, or will be in relation to the suitability and actions of an individual and therefore subject to the personal licence.”   This Licensing Authority also notes, however, that the Gambling Commission also states “in relating to the licensing of Tracks the Licensing Authorities’ role will be different from other premises in that Track operators will not necessarily have an operating licence.   In those circumstances the premises licence may need to contain conditions to ensure that the environment in which betting takes place is suitable.”

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

15.1  This Licensing Authority has noted the Gambling Commission Guidance to Local Authorities which states that “The objective talks of protecting children from being ‘harmed or exploited by gambling’, but in practice that often means preventing them from taking part in or being in close proximity to gambling…”.   The Local Authority also recognises the need to prevent children from being attracted to take part in gambling, such as may be caused by advertising.

15.2  This Licensing Authority will pay particular attention to any Codes of Practice, which the Gambling Commission may issue as regards this licensing objective in relation to specific premises such as casinos.   It is understood that a Code for Casinos must:

• Specify steps that the premises licence-holder must take to ensure that children and young persons (that is those under the age of 18) do not enter casino premises, or in the case of the regional casino do not enter the gambling area;
• Amongst those specified steps, ensure that each entrance to the casino or gambling area is supervised by at least one person (“the supervisor”) who is responsible for compliance with the Code of Practice; and
• Require that, unless the supervisor is certain that a person seeking admittance is an adult, evidence of age must be required of all those seeking to enter the casino or gambling area.

15.3  With regard to the term “vulnerable persons” it is noted that the Gambling Commission is not seeking to offer a definition but states that “it will for regulatory purposes assume that this group includes people who gamble more than they want to; people who gamble beyond their means; and people who may not be able to make informed or balanced decisions about gambling due to a mental impairment, alcohol or drugs.”   This Licensing Authority will consider this licensing objective on a case by case basis.   Should a practical definition prove possible in future then this Statement of Principles will be updated.

16  Conditions

16.1  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; and
• reasonable in all other respects.

16.2  Decisions upon individual conditions will be made on a case by case basis, although there will be a number of control measures this Licensing Authority will consider utilising should there be a perceived need, such as the use of door supervisors, supervision of adult gaming machines, appropriate signage for adult only areas etc.   There are specific comments made in this regard under each of the licence types below.   This Licensing Authority will also expect the licence applicant to offer his/her own suggestions as to ways in which the licensing objectives can be met effectively.

16.3  It is noted that there are conditions, which the Licensing Authority cannot attach to premises licences.   These are:

• Any condition on the premises licence 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); and
• Conditions in relation to stakes, fees, winnings or prizes.

16.4  Local Standards - An application for a premises licence can only be made by a person who either holds an operating licence authorising him to carry on the activity in respect of which a premises licence is sought, OR has made an application for an operating licence, which has not yet been determined.

16.5  Applications for the grant, transfer or variation of a Premises Licence must be accompanied by an assessment that demonstrates how the applicant will promote all the Licensing Objectives in the form of a written Operating Schedule.   The applicant may ask the Council for advice as to the scope of information to be provided.

16.6  The level of detail to be provided will be advised by the Council and will be proportional to the scale and nature of the application made.

16.7  Definitions of “Responsible Authorities” and “Interested Parties” who are able to make representations under this Act can be found in the Glossary of Terms.

16.8  Assessment of Need - In line with Section 152 (2) of the Act, this Licensing Authority in determining whether to grant a premises licence, will not have regard to the expected demand for the facilities which it is proposed to provide.

16.9   Conditions will be applied to licences that are proportionate and appropriate to the business, organisation and/or individual concerned.  The Licensing Authority will draw upon the advice issued by the Gambling Commission and attach conditions relative to the given circumstances of each individual case.

16.10  Conditions attached to Premises Licences will, so far as possible, reflect Local crime prevention strategies.  For example, CCTV may be appropriate in certain premises.

17  Door Supervision

17.1  The Gambling Commission advises in its Guidance for Local Authorities that Licensing Authorities may consider whether there is a need for door supervisors in terms of the licensing objectives of protection of children and vulnerable persons from being harmed or exploited by gambling and also in terms of preventing premises becoming a source of crime.   It is noted though that the Gambling Act 2005 has amended the Private  Security Industry Act 2001 (PSIA) and that door supervisors at casinos or bingo premises are exempt from the requirements to be licensed under the PSIA. 

17.2     This Licensing Authority therefore has specific requirements for door supervisors working at casinos or bingo premises.   These conditions are consistent with the proposed code of access by the Gambling Commission for door supervisors.   This is in recognition of the nature of the work in terms of potential under age customers, searching individuals and dealing with potentially aggressive persons, etc.

18  Provisional Statements

18.1  This Licensing Authority notes the Guidance from the Gambling Commission, which states that “It is a question of fact and degree whether premises are finished to a degree that they can be considered for a premises licence” and that “Requiring the building to be complete ensures that the authority can inspect it fully”.

18.2  In terms of representations about premises licence applications, following the grant of a provisional statement, no further representations from relevant authorities or interested parties can be taken into account unless they concern matters, which could not have been addressed at the provisional statement stage, or they reflect a change in the applicant’s circumstances.    In addition, the Authority may refuse the premises licence (or grant it on terms different to those attached to the provisional statement) only by reference to matters:

a)  which could not have been raised by objectors at the provisional licence stage; or

b)  which in the Authority’s opinion reflect a change in the operator’s circumstances.

18.3  This Authority has noted the Gambling Commission’s Guidance that “A Licensing Authority must not have regard to whether or not a proposal by the applicant is likely to be permitted in accordance with planning or building law.”

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PART E - DECISION MAKING, REVIEWS & COMPLAINTS

33  Licensing Committee Terms of Reference

33.1  The Committee’s Terms of Reference will be set out in the Council’s Constitution.   The Terms of Reference will be guided by Regulations issued under the Act and which have not yet been published.

34  Allocation of Decision Making Responsibilities

34.1  These responsibilities will be set out in the Council’s Constitution.   The table in Appendix B indicates how the delegation of functions might be allocated.

35  Complaints Against Licensed Premises

35.1  The Council 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.

35.2  Where an interested party has made either a valid representation about licensed premises or a valid application for a licence to be reviewed, the Council may initially arrange a conciliation meeting to address and clarify the issues of concern.

35.3  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.

35.4  When dealing with a compliant about a licensed premises the Licensing Authority will have due regard to the Environmental Services Enforcement Policy (see paragraph 7).

36  Reviews

36.1  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.   This will be on the basis of whether the request for the review is relevant to the matters listed below, as well as consideration as to whether the request is frivolous, vexatious, or will certainly not cause this authority to alter/revoke/suspend the licence, or whether it is substantially the same as previous representations or requests for review.

• 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; and
• In accordance with the Authority’s statement of Gambling Policy.

36.2  Representations may include issues relating to the following use of licensed premises:

1. for the sale and distribution of class A drugs and/or the laundering of the proceeds of drugs crimes;
2. for the sale and distribution of illegal firearms;
3. for prostitution or the sale of unlawful pornography;
4. as a base for organised crime activity;
5. for the organisation of racist, homophobic or sexual attacks or abuse;
6. for the sale of smuggled tobacco or goods;
7. for the sale of stolen goods;
8. where children and/or vulnerable persons may be put at risk.

36.3  Due consideration will be given to all relevant representations unless they fall within the following categories:

a)  The grounds are vexatious;

b)  The grounds are frivolous;

c)   They would certainly not influence the Authority’s determination of the application.

36.4  The Licensing Authority can also initiate a review of a licence on the basis of any reason, which it thinks is appropriate.

37  Further Information

37.1  Further information about the Act, this Statement of Licensing Policy or the application process can be obtained from:

Licensing Services
9-10 Bath Street
Bath
BA1 1SN

Tel:  01225 477531
Fax:  01225 477596
Email:  licensing@bathnes.gov.uk 
Website:  www.bathnes.gov.uk

Information is also available from:

Department for Culture, Media and Sport
2-4 Cockspur Street
London
SW1Y 5DH

Tel:  020 7211 6200
Email:  Enquiries@culture.gov.uk
Website:  www.culture.gov.uk

Gambling Commission
Berkshire House
168-173 High Holborn
London
WC1V 7AA

Tel:  020 7306 6219
Website:  www.gamblingcommission.gov.uk

The Gambling Act 2005 and the Government Guidance can be viewed online at http://www.opsi.gov.uk/acts/acts2005/20050019.htm       

Gamcare:  www.gamcare.org.uk

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Obtaining a copy of the Draft Statement of Principles

A printable version is available in pdf format:

• Gambling Act 2005 - Statement of Principles (pdf 972k)

For an email or hard copy please contact licensing@bathnes.gov.uk or telephone 01225 477531.

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