LICENSING COMMITTEE. Report Title Power Leisure Bookmakers Ltd GPL107

Transcription

1 LICENSING COMMITTEE Report Title Power Leisure Bookmakers Ltd GPL107 Key Decision Item No. 3 Ward Contributors Customer Services Licensing Head of Law Class Part 1 Date: 16 October 2013 Proposal: New Premises Licence Legislation: Gambling Act 2005 Premises: Part of Premises Applicants: Paddy Power 89 Sydenham Rd SE26 Ground Floor Power Leisure Bookmakers Ltd The application was made in accordance with section 159 of the Gambling Act Application content The application is for a Premises Licence To use the premises for the purpose of providing facilities for betting. The attached mandatory conditions would form part of the licence. 2. The responsible authorities were notified of the application in accordance with Regulations and no representations were received. Licensing Officer Metropolitan Police Catford Police Station 333 Bromley Rd SE6

2 London Fire and Emergency Planning Authority Lewisham High St SE13 6NH Environmental Health Enforcement Wearside Road Depot Wearside Road SE13 Planning and Development Control 5 th Floor Laurence House 1 Catford Rd SE6 4RU Director of Children s Services 1 st Floor Laurence House 1 Catford Rd SE6 4RU The Gambling Commission Victoria Square House Victoria Square Birmingham B2 4BP H M Revenue & Customs National Registration Unit (Betting & Gaming) Portcullis House 21 India St Glasgow G2 4PZ 3. The application was advertised in accordance with the regulations (premises notice and the South London Press ) The closing date for the receipt of these representations was 2 nd September A representation was received from an interested party; a Ward Councillor. 3.2 All letters and relevant documentation are contained in background papers

3 4. Legal and Human Rights implications 4.1 Licensing Authorities as defined by the Gambling Act 2005 Section 1 (a), are public authorities for the purposes of the Human Rights Act Accordingly, they are under a duty to act compatibly with convention rights in the exercise of their functions. 4.2 Article 6(1) of the Convention provides that everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial hearing established by law. 4.3 The right to apply for a licence falls within the scope of civil rights and obligations in Article 6 (1) because it relates to the applicants right to make a living and pursue commercial activity. Therefore, an applicant for such a licence has the right to have the application determined fairly in accordance with the guarantees contained within Article 6(1). Thus a licence is considered to be a possession for the purposes of the Human Rights Act However, the right to hold a such licence is not absolute. It is a qualified right. So, where the grant of a licence may affect the interests of local residents or others, in a significant way, then article 6 (1) will be engaged. The right to hold a licence may be lawfully interfered with where, for instance, if it is in the interests of wider society to do so. 4.4 Objectors rights under article 6(1) will not automatically be triggered merely because they wish to object. The question of whether they have a sufficient interest to engage is ultimately a question of fact. The grant or refusal of a licence may also raise issues under article 8, right to private and family life, article 10, freedom of expression, or article 1 of Protocol 1, right to peaceful enjoyment of possession. The rights guaranteed by articles 8-11 of the Convention, are not absolute rights. In the same way as the right to a licence is a qualified right, so are these other rights referred to above. Qualified rights may therefore be interfered with, provided the interference is justified according to the conditions set out within each article. So such interference must be legal, necessary in a democratic society and there must be a reasonable relationship of proportionality between the means employed and the aim pursued. The principle of proportionality involves the striking of a fair balance between the demands of the general interest of the community and the requirements of the protection of the individual s fundamental rights. 4.5 The Equality Act 2010 (the Act) introduced a new public sector equality duty (the equality duty or the duty. It covers the following nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

4 4.6 In summary, the Council must, in the exercise of its functions, have due regard to the need to: -eliminate unlawful discrimination, harassment, victimisation and other conduct prohibited by the Act -advance equality of opportunity between people who share a protected characteristic and those who do not -foster good relations between people who share a protected characteristic and those who do not 4.7 The duty continues to be a have regard duty and the weight to be attached to it is a matter for the committee, bearing in mind the issues of relevance and proportionality. It is not an absolute requirement to eliminate unlawful discrimination, advance equality of opportunity or foster good relations. 4.8 The Equality and Human Rights Commission has recently issued Technical Guidance on the Public Sector Equality Duty and statutory guidance entitled Equality Act 2010 Services, Public Functions & Associations Statutory Code of Practice. The Council must have regard to the statutory code in so far as it relates to the duty and attention is drawn to Chapter 11 which deals particularly with the equality duty. The Technical Guidance also covers what public authorities should do to meet the duty. This includes steps that are legally required, as well as recommended actions. The guidance does not have statutory force but nonetheless regard should be had to it, as failure to do so without compelling reason would be of evidential value. The statutory guide and the technical guidance can be found at: The Equality and Human Rights Commission (EHRC) has previously issued five guides for public authorities in England giving advice on the equality duty; 1. The essential guide to the public sector equality duty 2. Meeting the equality duty in policy and decision making 3. Engagement and the equality duty 4. Equality objectives and the equality duty 5. Equality information and the equality duty

5 4.10 The essential guide provides an overview of the equality duty requirements including the general equality duty, the specific duties and who they apply to. It covers what public authorities should do to meet the duty including steps that are legally required as well as recommended actions. The other four documents provide more detailed guidance on key areas and advice on good practice. Further information and resources are available at: http// public-sectorequality-duty/guidance-on-the-equality-duty/ 5. The Licensing Objectives The Gambling Act 2005 creates three licensing objectives- 1. Preventing gambling from being a source of crime and disorder, being associated with crime or disorder or being used to support crime 2. Ensuring that gambling is conducted in a fair and open way, and 3. Protecting children and other vulnerable persons from being harmed or exploited by gambling 6. This Application The application is for a Premises Licence made pursuant to section 159 of the Act. 7. Determination of Applications for Premises Licences (general approach). 7.1 In considering an application for a Premises Licence the Act requires that a licensing authority shall aim to permit the use of premises for gambling in so far as the authority think the application is- (a) in accordance with the relevant code of practice issued by the Gambling Commission (b) in accordance with any relevant guidance issued by the Gambling Commission (c) is reasonably consistent with the licensing objectives (d) in accordance with the Council s Gambling Policy 7.2 The Act also states that in determining whether or not to grant a Premises Licence a licensing authority may not have regard to the expected demand for the facilities it is proposed to provide. 7.3 The Licensing Committee may; 1. Grant the application for the Premises Licence subject to the mandatory conditions and default conditions( pursuant to sections 167 and 168 of the Act) or

6 2. Grant the application for the Premises Licence subject to the mandatory conditions but excluding specific default conditions AND/OR attach additional conditions. An additional condition may apply to the premises generally or only in relation to a specified part of the premises 3. Reject the application 8. Mandatory Conditions - Betting Shop 8.1 Summary of terms and conditions of the premises licence shall be displayed in a prominent place with the premises. 8.2 The layout of the premises shall be maintained in accordance with the plan. 8.3 The premises shall not be used for the sale of tickets in a private lottery or customer lottery or the sale of tickets in any other lottery in respect of which the sale of tickets on the premises is otherwise prohibited. 8.4 A notice stating that no person under the age of 18 is permitted to enter the premises shall be displayed in a prominent place at every entrance to all premises. 8.5 Access to the premises shall be from a street or from other premises with a betting premises licence. Apart from this there must be no direct access between the premises and other premises which are used for retail sale of merchandise or service. 8.6 The premises shall not be used for any purpose other than for providing facilities for betting apart from anything permitted under the Gambling Act 2005 and having an ATM, permitted visual/sound apparatus and permitted publications. 8.7 Any ATM made available for use on the premises shall be located in a place that requires any customer who wishes to use it to leave any gaming machine in order to do so. 8.8 No apparatus for making information of other material in the form of sounds or visual images may be used on the premises, except for apparatus used for the following purposes: a) Communicating information about, or coverage of, sporting events, including (i) Information relating to betting on such an event; and (ii) Any other mater of information, including an advertisement, which is incidental to such an event; b) Communicating information relating to betting on any event (including the result of an event) in connection with which betting transactions may be or have been effected on the premises.

7 8.9 No publications, other than racing periodicals or specialist betting publications, may be sold or offered for sale on the premises No music, dancing or other entertainment shall be provided or permitted on the premises, save for entertainment provided via the sound/visual apparatus referred to above No alcohol shall be permitted to be consumed on the premises at any time during which facilities for gambling are being provided on the premises. A notice explaining this shall be displayed in a prominent place at every entrance to the premises A notice setting out the terms on which customers are invited to bet on the premises shall be displayed in a prominent place on the premises to which customers have unrestricted access. HOURS: No facilities for gambling shall be provided on the premises between the hours of 10pm on one day and 7am on the next day. Background Papers Short Title of Date Document Applicant Application dated 06/08/13 Interested Party August 2013 All representations have been examined by Officers and are considered not to be vexatious or frivolous and representations made by interested parties are considered to be residing / trading in the vicinity of the applicants premises. These representations were all received within the specified time. Should you require any further information on this report please contact Cheryl Collins / Kim Giddings at Licensing Services on