The Committee is asked to comment on the accompanying Gambling Policy report that is going to Cabinet on 26th October 2022, and details of the newly revised Gambling Policy.

The Committee received report on the Councils Gambling Policy 2022- 2025 is going to Cabinet on 26th October 2022 , and includes details of the newly revised Gambling Policy. The Committee reviewed the report and the discussion is summarised below:

The Committee:

v  Noted that as a Licensing Authority the Council must review the existing Gambling Policy and adopt a new policy in November 2022, as one of the responsibilities it has to regulate ‘high street’ premises under the Gambling Act 2005. The purpose of the policy is to define how the responsibilities under the Act are going to be exercised and administered.

v  Noted that the Act requires Licensing Authorities to aim to permit the use of premises for gambling in so far as it is in accordance with the regulatory framework (any codes of practice and Gambling Commission guidance) This means that the council can only refuse gambling that is not in accordance with the codes of practice and guidance and cannot for example ban gambling or specific forms of gambling.

v  Noted that subject to agreement the Policy will be presented to Full Council for adoption under the provisions set out by the Council’s Constitution.

v  Noted that some of the major issues and concerns about gambling are not addressed in the policy or by the approach of the consultation e.g.  gambling addiction, which is outside the remit of the consultation, as are arguments about the public benefits, or otherwise, of a more liberal gambling regime.

v  Understood that all applicants and licence holder must promote the three licensing objectives.  This Policy is written with the view to promoting the three licensing objectives of the 2005 Act. These objectives are to (i) prevent gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime; (ii) ensure that gambling is conducted in a fair and open way; and (iii) protect children and other vulnerable persons from being harmed or exploited by gambling.

v  Was informed that the Council does not have the powers within its Gambling Policy to regulate on-line gambling sites. All gambling websites trading with, or advertising to, consumers in Britain must have a Gambling Operators licence and a Remote Gambling Licence both issued by the Gambling Commission.  Remote-Gambling is regulated by the Gambling Commission and Local Authorities do not hold any powers under the act in respect of Remote Gambling (i.e., Online Gambling).

v  Noted that the Government (i) has indicated that it wants there to be a gambling sector that is both vibrant and responsible; (ii) wants to make sure the industry is putting player protection and social responsibility at the heart of their businesses.

v  Agreed that gambling is increasingly cited as a public health issue which requires a broad response; that is to say, traditional approaches that focus on single interventions do not tend to work at a population level. Harmful gambling is a complex problem with a large number of different but often interlinked factors - no single measure is likely to be effective on its own in addressing it. There are several ways in which the Council can try to support those individuals and families who are experiencing harm from gambling without taking on responsibility for treatment. This is in addition to their statutory licensing responsibility to try to prevent local gambling premises causing harm through gambling e.g. LBTH comes into contact with people impacted by problem gambling through a range of services, including housing and homelessness, financial inclusion, children’s services, and addiction services. It is important that the Council has the data on where problem gambling has been a contributory or additional factor in these cases.

v  Agreed that LBTH sends a clear signal that addressing problem gambling is a priority not just for public health and licensing but for the whole Council and its wider stakeholders, thereby facilitating cooperation across departments and with local communities and partners.

v  Noted that the Council does not have the powers to refuse new applications unless doing so would undermine one or more of the licensing objectives.  The requirement for operators to prepare local risk assessments in relation to their premises also means that licensing authorities need to set out their expectations within their statements of Gambling Policy..

v  Noted that most existing Adult Gaming Centres (AGC) are subject to planning conditions that control opening hours.  If there are reported breaches of opening hours, the Planning Service will investigate and seek to ensure opening hours are complied with.   Where there are persistent breaches, there are powers available under Section 187a of the Town and Country planning Act 1990, to serve a breach of condition notice (BCN).  There is no right to appeal a BCN and failure to comply can lead to a prosecution through the Courts.

v  Noted that online gambling websites have made it more accessible for people to gamble and, as a result, problem gambling is a major issue in England and Wales. There is no longer the need to visit a casino or betting shop to gamble – it can be done from anywhere and at any time. 

v  Agreed that the trouble with gambling online is that it can be kept secret. While a gambler would previously have had to visit a betting shop or casino, now it is possible to gamble while at work, on the bus, or in the home, and with more and more gambling sites creating smartphone apps, problem gamblers can access these sites no matter where they are.

v  Noted that one of the biggest problems with online gambling is the fact that many of these sites offer ‘free to play’ versions of their games, where members can play with pretend money. When playing with pretend money, the odds will be typically in the player’s favour, and they will assume that they can then win with real money. However, once playing with real money, the odds will change and be in favour of the house.

In conclusion, the Chair thanked David Tolley, Head of Environmental Health, and Trading Standards and those in attendance for an informative discussion on the regulation of ‘high street’ premises under the Gambling Act 2005.