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Waverley Borough Council Committee System - Committee Document

Meeting of the Licensing and Regulatory Committee held on 11/06/2007
Gambling Act 2005 - Scheme of Delegation of Functions



APPENDIX A
Waverley Borough Council

LICENSING AND REGULATORY COMMITTEE
11TH JUNE 2007
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Title:
GAMBLING ACT 2005 - SCHEME OF DELEGATION OF FUNCTIONS
[Wards Affected: N/A]
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Summary and purpose:

This report seeks to sweep up some final details for the delegation of functions under the Gambling Act 2005, which should be considered in addition to those approved by the Committee and the Council in February 2007.
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There are no environmental implications associated with this report.

Social/community implications:

Premises and events permitted for the purposes of Gambling in all its forms are popular and form an essential part of many people’s lifestyles. Additionally, provision of facilities for betting (betting shops) and gaming or fruit machines in pubs and clubs forms part of the social fabric of every community.

E-Government implications:

Currently, there are no implications under this heading, although the Department of Culture, Media and Sport has made available forms on its web site, and would-be applicants will be able to download these or get them from The Licensing Team once the relevant regulations have been issued.

Resource and legal implications:

There are no direct resource implications relating to this report. The statutory requirement to deal with applications for these Gambling licences is placed on the Borough Council by the Gambling Act 2005, which comes fully into force on 1st September 2007.
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Background

1. The Gambling Act 2005 is now in the process of introduction. The legislation allows for various forms of gambling, in summary:

Casinos - small medium and large (none in Waverley)
Track betting (none in Waverley)
Bingo clubs (none in Waverley)
Adult Entertainment Centres (none in Waverley)
Family Entertainment Centres (none in Waverley)
Betting Premises
Track betting (none in Waverley, apart from occasional use for Point to Point)
Prize Gaming
Gaming Machine permits

2. The Borough Council is responsible for issuing Premises Licences and Permits only. The Gambling Commission will deal with licences for Operating Licences and Personal Licences, which are required for some premises. Those premises which include all three types of licence will have to obtain their relevant Gambling Commission licences before the Borough Council can issue a Premises Licence.

Amendment to Scheme of Delegation

3. Many items requiring delegation from the Council to the Licensing Committee, Licensing Act 2003 Sub-Committees and the officers have already been dealt with. These are detailed in the list at Annexe 1 to this report. One further authorisation of officers is outstanding. It is proposed that the Managing Director, Head of Committee and Member Services, Licensing Officer/Senior Licensing Officer and the Licensing Enforcement Officer be given the power as ‘authorised officers’ under Sections 318 and 319 of the Gambling Act 2005 to apply to justices of the peace and to exercise the powers granted by justices of the peace under these sections.

4. Annexe 2 shows those further items which now require approval.

Human Rights Considerations

5. In considering applications, the Council routinely takes account of the rights of current licensees and applicants for licences. The Human Rights Act 1998 makes it unlawful for a local authority to act in a way that is incompatible with the European Convention on Human Rights. Individual rights to respect for one’s home and private family life are protected under the European Convention on Human Rights, through the 1998 Human Rights Act. The Council has a responsibility to act positively for the preservation of human rights as well as being obliged not to interfere on its own account. There are no Human rights issues in this report.

Conclusion

6. The majority of matters delegated under the Gambling Act to date have already been dealt with. These will be detailed in the full Scheme of Delegation which is being updated for insertion in Members’ handbook.

Recommendation

It is recommended that the Committee notes the delegation at Annexe 1 and approves:
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Background Papers (MD)

There are no background papers (as defined by Section 100D(4) of the Local Government Act 1972) relating to this report.
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CONTACT OFFICERS:

Name: Rosemary Hughes Telephone: 01483 523225
Senior Licensing Officer

Daniel Bainbridge 01483 523235
Assistant Solicotor

E-mail: rhughes@waverley.gov.uk


comms\licensing\2007-08\010.doc