Dundee City Licensing Board - 18/02/2010

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 18th February, 2010.

 

Present:-

 

BAILIES

 

George REGAN

Roderick A J WALLACE

 

 

COUNCILLORS

 

Ken GUILD

Andrew DAWSON

Kevin KEENAN

David BOWES

Brian GORDON

Helen DICK

 

Bailie Roderick A J WALLACE, Convener, in the Chair.

 

The minute of meeting of this Board of 21st January, 2010 was held as read.

 

I BUBBLES

 

The Convener welcomed the support of agencies in Dundee in adopting a zero tolerance to "BUBBLES" with concern mounting that this substance could have serious consequences for those who use it. It was agreed that the Convener would write to the Scottish Health Minister supporting her efforts to persuade the Westminster Government to have this drug re-classified as an illegal substance.

 

II REQUEST FOR REVIEW HEARINGS

 

The Board agreed to hold review hearings in respect of:-

 

(i) McAdam's Bar, 77 Rosebank Street, Dundee

(ii) The Windsor Bar, 28 Albert Street, Dundee

(iii) Kokomo, Old Hawkhill, Dundee

 

III LICENSING (SCOTLAND) ACT 2005 - AMENDMENTS TO STATEMENT OF LICENSING POLICY - IRRESPONSIBLE PROMOTIONS ANDCHILDREN ON LICENSED PREMISES

 

There was submitted Report No 108-2010 by the Clerk advising the Board of the consultation process following upon the publication of the proposed supplements to the Board's Statement of Licensing Policy and to recommend the adoption of appropriate supplements to the policy.

 

The Board agreed that the supplements to the Board's Statement of Licensing Policy contained in Appendices I and II to the report be adopted for publication in terms of Section 6(3) of the 2005 Act, with the exception of Paragraph A9 of Appendix I which would be deleted. (Appendices I and II).

 

IV GAMBLING ACT 2005 - REVIEW OF STATEMENT OF PRINCIPLES

 

The Board adopted a Statement of Principles in April, 2007 and was now due for renewal.

 

The Board approved the revised policy. (Appendix III).

 

V DISABILITY EQUALITY SCHEME ANNUAL REPORT FOR 2009

 

The Board noted the contents of the Disability Equality Scheme Annual Report for 2009. (Appendix IV).

 

VI DISABILITY EQUALITY SCHEME REVIEW CONSULTATION 2010/2013

 

The above document was adopted by the Board in December, 2006 for the years 2007/2010 and was now due for a statutory review.

 

The Board authorised the Clerk to consult with interested parties and to report back in due course with any suggested amendments to the Scheme.

 

VII LICENSING (SCOTLAND) ACT 2005

 

(a) PERSONAL LICENCE

 

 

Applicant

 

1

Riyaz Amin Ali

c/o Thorntons WS

Solicitors

 

The Board, having noted that the applicant was not present, that the matter had been deferred previously and having heard from the Chief Constable's representative, agreed to refuse the above application.

 

(b) NEW GRANTS

 

 

Premises

 

Applicant

1

Spar Convenience Store

83 Macalpine Road

Dundee

DD3 8RE

A M Landsburgh (St Andrews) Ltd

c/o Murray Donald Drummond Cook LLP

Solicitors

 

 

The Board agreed to grant the above application.

 

2

Taylors Regional Foods Ltd

off Fulton Road

Wester Gourdie Industrial Estate

Dundee

DD2 4SQ

Taylors Regional Foods Ltd

 

The Board agreed to grant the above application.

 

3

The McManus Dundee Art Gallery and Museum

Albert Square

DUNDEE

DD1 1DA

Willow Tree Catering Ltd

 

The Board agreed to defer the above application.

 

(c) VARIATIONS

 

 

Premises

 

Applicant

1

Bay Horse Bar

2 Polepark Road

Dundee

DD1 5QS

Rosemount Scotland LLP

c/o Brunton Miller

Solicitors

 

 

The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.

 

2

Capital (Lloyds No 1)

7/9 Seagate

Dundee

DD1 1EG

J D Wetherspoons plc

c/o Brunton Miller

Solicitors

 

The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.

 

3

Mecca Bingo Club Playhouse

104/110 Nethergate

Dundee

DD1 4EH

Mecca Bingo Ltd

c/o Lindsays WS

Solicitors

 

The Board agreed to a variation to remove the foyer area from the licensed area, re-locate the catering pod and removal of a retail wall.

 

4

Murrays Bar

134-136 Victoria Road

Dundee

DD1 2QW

Murrays Bar (Dundee) Ltd

c/o Brunton Miller

Solicitors

 

The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.

 

5

Nine Maidens

Laird Street

Sidlaw Park

Dundee

DD3 9QU

Punch Taverns (Inns) Ltd

c/o Ford & Warren

Solicitors

 

Councillor Keenan declared a non-financial interest by virtue of frequenting the premises and took no part in the debate.

 

The Board, having heard from an agent on behalf of the applicant, agreed to an outdoor drinking facility during core hours ie to 9.00 pm during April, May and September and 10.00 pm during June, July and August to be added to the operating plan and condition 1 of the licence, and Q5(f) on the operating plan to be amended to include comedians, hypnotists, magicians, ventriloquists and entertainment of a similar nature.

 

6

No 25

25 South Tay Street

Dundee

DD1 1NR

G1 Group plc

c/o Brunton Miller

Solicitors

 

The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.

 

7

Stobswell Bar

108 Dura Street

DUNDEE

DD4 6TE

Punch Taverns (Inns) Ltd

c/o Ford & Warren

Solicitors

 

The Board, having heard from an agent on behalf of the applicant, agreed to condition 1 of the licence and Q5(f) on the operating plan to be amended to include comedians, hypnotists, magicians, ventriloquists and entertainment of a similar nature.

 

8

The 4J'S

10 Dundonald Street

Dundee

DD3 7PW

Rosemount Scotland LLP

c/o Brunton Miller

Solicitors

 

The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.

 

9

The Broadway Bar

20 Erskine Street

Dundee

DD4 6RQ

Rosemount Scotland LLP

c/o Brunton Miller

Solicitors

 

The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.

 

10

The Cask

1/5 Albert Street

Dundee

DD4 6NS

Rosemount Taverns Ltd

c/o Brunton Miller

Solicitors

 

The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.

 

11

The Counting House

67/71 Reform Street

Dundee

DD1 1SP

J D Wetherspoon plc

c/o Brunton Miller

Solicitors

 

 

The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.

 

12

The Landmark Hotel

Kingsway West

Invergowrie

Dundee

DD2 5JT

BDL Select Operations Ltd

c/o McLellans

Solicitors

 

The Board, having heard from an officer from Environmental Health and Trading Standards, the applicant on their own behalf and considered a letter of objection, agreed to a variation to the operating and layout plan to include an external drinking area. Variation to the operating plan to reflect that live performances and dance facilities would not be provided outwith core hours and to include the condition "No limitation on the timings which alcohol may be sold and supplied to residents and their bona fide guests." Conference/restaurant facilities, bar meals, receptions, club meetings, music, TV, sport and outside drinking facilities to commence at 6.30 am each day, but not to include the sale of alcohol before 11.00 am.

 

13

The Social

10 South Tay Street

Dundee

DD1 1PA

G1 Group plc

c/o Brunton Miller

Solicitors

 

The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.

 

VIII GAMBLING ACT 2005

 

(a) BINGO - VARIATIONS

 

 

Premises

 

Applicant

1

Mecca Bingo

The Playhouse

106/110 Nethergate

Dundee

DD1 4EH

Mecca Bingo Ltd

c/o Lindsays WS

Solicitors

 

The Board agreed to an application to remove the foyer area from the bingo premises licence and to allow the grant of a licence for an Adult Gaming Centre (AGC) in part of that area.

 

(b) ADULT GAMING CENTRE - FULL GRANT

 

 

Premises

 

Applicant

1

Mecca Bingo

The Playhouse

106/110 Nethergate

Dundee

DD1 4EH

Rank Leisure Ltd

c/o Lindsays WS

Solicitors

 

The Board agreed to grant the above application.

 

(c) LICENSED PREMISES GAMING MACHINES - NEW

 

 

Premises

 

Applicant

1

Lloyds

7/9 Seagate

Dundee

DD1 2EG

J D Wetherspoons plc

c/o Brunton Miller

Solicitors

 

The Board agreed to an application to increase the number of Category C gaming machines from 2 to 3.

 

2

The Nether Inn

134 Nethergate

Dundee

DD1 4ED

Mitchells & Butler Retail Ltd

c/o Hill Brown Licensing

Solicitors

 

The Board agreed to an application to increase the number of Category C gaming machines from 2 to 3.

 

 

 

 

Roderick A J WALLACE, Convener.

 

APPENDIX I

 

IRRESPONSIBLE PROMOTIONS AND PRICE VARIATIONS -

CONSULTATION DOCUMENT

 

"Drinks promotion" means in relation to any premises, any activity which promotes, or seeks to promote, the buying or consumption of any alcohol on the premises. Schedule 3 paragraph 8(5).

 

Promotions can occur in relation to both on and off sales.

 

A drinks promotion which involves a variation in pricing will be affected by the requirements of Schedule 3 paragraph 7 "Pricing of alcohol".

 

Schedule 3 paragraph 8(2) subject to the requirements of paragraph 8(3) states that a drinks promotion is irresponsible if it falls within the descriptions listed in Schedule 3 paragraph 8(2).

 

Paragraphs 7, 8(1), 8(2) and 8(3) are reproduced in full at the end of this note.

 

An irresponsible drinks promotion must not be carried on in or in connection with any premises. Schedule 3 paragraph 8(1).

 

Presently there is no definitive guidance as to what constitutes an "irresponsible drinks promotion". Examples of drinks promotions can however be considered individually against the legislative criteria to assess if the promotion is irresponsible in terms of the Act.

 

The following list is of promotions which have or are occurring locally and appear to be potentially in breach of the legislation. The list is not definitive so not being on the list does not mean that a promotion is in compliance with the Act.

 

In the absence of any case law this list serves only as a means to focus discussion on what actually constitutes an irresponsible drinks promotion and states in each instance why the specific promotion is considered irresponsible.

 

Following the list of irresponsible drinks promotions is a list of promotions that are potentially in breach of the pricing of alcohol requirements of Schedule 3 paragraph 7.

 

A. Irresponsible drinks promotions

 

1. All inclusive offers. For example, a party night promotion, where the purchase of a ticket or payment of an admission charge entitles the purchaser to access to a free bar. This promotion involves the supply of unlimited alcohol for a fixed charge and therefore Schedule 3 paragraph 8(2)(d) applies.

 

2. Watch the match and if your team wins get a free pint of beer. For example, a promotion that requires a customer to be in the premises at the beginning of a televised sports event and at the end of the contest dependent on the result the person may be given a free pint of beer. This promotion is offering alcohol to be consumed on the premises as a reward for being in the premises and therefore Schedule 3 paragraph 8(2)(h) applies.

 

3. Double up. For example, a premises offers customers the chance to double up by offering a double measure for an extra 50p (in addition to the price for a single measure). This promotion offers an extra measure of alcohol at a reduced price on the purchase of a measure of alcohol and therefore Schedule 3 paragraph 8(2)(c) applies.

 

4. Student nights. For example, a night club advertises/distributes flyers giving details of the venue, entry fee and stating that the first drink is free. The free drink is offered as a reward for entering the premises therefore Schedule 3 paragraph 8(2)(h) applies.

5. Drinks vouchers. For example, a night club advertises/distributes flyers giving details of the venue, entry fee and stating that five 1 drink vouchers will be given to the customer on entry. The vouchers can be handed over the bar in exchange for a drink. This constitutes giving alcohol as a reward for entering the premises therefore Schedule 3 paragraph 8(2)(h) applies.

 

6. Drinks as prizes/rewards. For example, a quiz night or competition where alcohol is offered for consumption on the premises as a prize for winning or a reward for taking part. Schedule 3 paragraph 8(2)(h) applies.

 

7. Reward card. For example, on application by a customer a points card is issued by a premises. Every time a purchase is made by the card holder in the premises the card is credited with points. The points are given a cash value and can be claimed against the price of alcoholic drinks. This constitutes giving alcohol as a reward for frequenting the premises therefore Schedule 3 paragraph 8(2)(h) applies.

 

8. Free bottle of wine. For example, a restaurant offers a set meal for two with a free bottle of wine for 50 (excluding Saturdays). This constitutes giving alcohol as a reward for frequenting the premises therefore Schedule 3 paragraph 8(2)(h) applies.

 

9. Bulk buys. For example, a supermarket offers a reduction in the relative cost of purchasing a particular beer if the customer buys a multi pack. This constitutes encouraging or seeking to encourage, a person to buy a larger measure than the person had otherwise intended and therefore Schedule 3 paragraph 8(2)(e) applies.

 

Note - measure is not defined in the Act.

 

B. Pricing of Alcohol

 

1. Offering the same drinks at different prices in the same premises. For example, prices in the lounge bar of a pub being different than the prices in the public bar. This would constitute a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.

 

2. Out of code discount. For example, offering cans of beer with a best before date that has expired while selling cans of the same brand that are within date code at a different price. This would constitute a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.

 

3. Discount vouchers. For example, a promotion where vouchers or tokens which are sold or given to potential customers where by they are entitled to a reduction in the price of certain drinks while other customers still require to pay the full price. This constitutes a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.

 

4. Discount to certain customers. For example, a promotion that offers a discount to students or OAPs while other customers pay the full price for the same drinks. This constitutes a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.

 

5. Student nights. For example, a night club advertises/distributes flyers giving details of the venue and entry fee and stating that on a Friday or Saturday night, drinks are 1 all night*. The asterisk gives the qualification for the promotion which is * with student card. The price of drinks is varied for students but not other customers therefore this constitutes a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.

 

6. Drinks vouchers. For example, a night club advertises/distributes flyers giving details of the venue, entry fee and stating that five 1 drink vouchers will be given to the customer on entry. If the voucher merely entitles the customer to a discounted drink ie the customer uses a voucher and is only charged a 1 then unless that drink is that price for all customers then this constitutes a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.

7. Cheaper drinks throughout the week. For example, a pub has a drinks promotion where the cost of all drinks is reduced from 12.30pm on a Sunday until Friday at 8pm.

 

Drinks are increased to "full" price from 8pm on a Friday until closing time on Saturday night. This constitutes a further variation in drinks pricing. A variation in pricing cannot occur except at the beginning of a licensing period so drinks cannot change price at 8pm if the pub is open prior to this time selling alcohol and the variation must last a minimum of 72 hours so the variation whereby the prices increase on the Friday and Saturday does not provide the minimum 72 hours time period. This variation in pricing would not comply with the requirements of Schedule 3 paragraph 7.

 

* Pricing of alcohol

 

7 Where the price at which any alcohol sold on the premises is varied -

 

(a) the variation (referred to in this paragraph as the earlier price variation) may be brought into effect only at the beginning of a period of licensed hours; and

(b) no further variation of the price at which that or any other alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.

 

Irresponsible drinks promotions

 

8(1) An irresponsible drinks promotion must not be carried on in or in connection with the premises.

 

(2) Subject to sub-paragraph (3), a drinks promotion is irresponsible if it -

 

(a) relates specifically to an alcoholic drink likely to appeal largely to persons under the age of 18;

(b) involves the supply of an alcoholic drink free of charge or at a reduced price on the purchase of one or more drinks (whether or not alcoholic drinks);

(c) involves the supply free of charge or at a reduced price of one or more extra measures of an alcoholic drink on the purchase of one or more measures of the drink;

(d) involves the supply of unlimited amounts of alcohol for a fixed charge (including any charge for entry to the premises);

(e) encourages, or seeks to encourage, a person to buy or consume a larger measure of alcohol than the person had otherwise intended to buy or consume;

(f) is based on the strength of any alcohol;

(g) rewards or encourages, or seeks to reward or encourage, drinking alcohol quickly; or

(h) offers alcohol as a reward or prize, unless the alcohol is in a sealed container and consumed off the premises.

 

(3) Paragraphs (b) to (d) of sub-paragraph (2) apply only to a drinks promotion carried on in relation to alcohol sold for consumption on the premises.

 

APPENDIX II

 

 

SUPPLEMENT TO DUNDEE CITY LICENSING BOARD

STATEMENT OF LICENSING POLICY REGARDING CHILDREN ON LICENSED PREMISES

 

The following should be inserted at the end of the section of the Board's policy statement headed "Children in Licensed Premises" at pp 11-12:-

 

"The Board is aware that a number of licensed premises in the vicinity of the two major football grounds at Dens Park and Tannadice wish to permit the presence of children and young persons before and after football matches. The Board would be prepared to agree to the inclusion of this in operating plans provided the children and young persons are accompanied by a responsible adult, the hours of such admission are restricted to 2 hours before kick-off and 1 hour after the conclusion of the games, subject to a maximum terminal hour of 8 pm, and the proposed terms of admission of such children and young persons are not inconsistent with any other provision of this Statement of Licensing Policy."

 

APPENDIX III

 

DUNDEE CITY LICENSING BOARD

GAMBLING ACT 2005

 

Statement of Principles

 

JANUARY 2010

 

 

 

 

CONTENTS

 

 

Item

 

 

Part A

 

 

1. The Licensing Objectives

 

2. Introduction

 

3. Declaration

 

4. Responsible Authorities

 

5. Interested Parties

 

6. Exchange of Information

 

7. Enforcement

 

8. Licensing Authority Functions

 

 

Part B - Premises Licences

 

 

1. General Principles

 

2. Adult Gaming Centres

 

3. (Licensed) Family Entertainment Centres

 

4. Casinos

 

5. Bingo Premises

 

6. Betting Premises

 

7. Tracks

 

8. Travelling Fairs

 

9. Provisional Statements

 

10. Reviews

 

 

Part C - Permits/Temporary and Occasional Use Notices

 

 

1. Unlicensed Family Entertainment Centre Gaming Machine Permits

 

2. (Alcohol) Licensed Premises Gaming Machine Permits

 

3. Prize Gaming Permits

 

4. Club Gaming and Club Machines Permits

 

5. Temporary Use Notices

 

6. Occasional Use Notices

 

PART A

 

 

1. The Licensing Objectives

 

In exercising most of their functions under the Gambling Act 2005, licensing authorities must 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.

 

It should be noted that the Gambling Commission has stated: The requirement in relation to children is explicitly to protect them from being harmed or exploited by gambling.

 

This 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 it:-

 

- 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 this statement of licensing principles.

 

2. Introduction

 

Dundee City Council is the local authority for the City of Dundee in terms of the Local Government etc (Scotland) Act 1994 and, as such, is also the licensing authority for the purposes of the Gambling Act 2005. The city's current population is approximately 145,000. Dundee is a vibrant and modern city, proud of its tradition and history. A revitalised city centre and retail scene, together with a huge choice of leisure options, are symbolic of a confident and optimistic city. A plan of the Council area is attached at Appendix 1.

 

Licensing authorities are required by the Gambling Act 2005 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. The statement must also be reviewed from time to time and any amended parts re-consulted upon. The statement must then be re-published.

 

The Gambling 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 authoritys 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 authoritys functions under the Gambling Act 2005.

 

The Board consulted widely upon this statement before finalising and publishing.

 

The full list of comments made and the consideration by the Council of those comments is available by request to: Stuart Galloway, Principal General Services Officer, 20 City Square, Dundee DD1 3BY.

 

Should you have any comments as regards this policy statement please send them via e-mail or letter to the following contact:-

 

Name: Stuart Galloway

Address: 20 City Square, Dundee

E-mail: stuart.galloway@dundeecity.gov.uk

It should be noted that this policy statement will not override the right of any person to make an application, make representations about an application, or apply for a review of a licence, as each will be considered on its own merits and according to the statutory requirements of the Gambling Act 2005.

 

3. Declaration

 

In producing this statement, this licensing authority declares that it has had regard to the licensing objectives of the Gambling Act 2005, the guidance issued by the Gambling Commission, and any responses from those consulted on the statement.

 

4. Responsible Authorities

 

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 authoritys area; and

- the need for the body to be answerable to democratically elected persons, rather than any particular vested interest group.

 

In accordance with the suggestion in the Gambling Commissions Guidance for local authorities, this authority designates the Dundee Children and Young Person's Protection Committee for this purpose. This is a multi-agency body consisting of representatives of Dundee City Council, Tayside Police, NHS Tayside, the Procurator Fiscal's office and the Voluntary Sector.

 

The contact details of all the Responsible Authorities under the Gambling Act 2005 are available via the Councils website at: www.dundeecity.gov.uk.

 

5. Interested Parties

 

Interested parties may make representations in writing about licence applications, or apply for a review of an existing licence. These parties are defined in the Gambling Act 2005 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 issues 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).

 

The licensing authority is required by regulations to state the principles it will apply in exercising its powers under the Gambling Act 2005 to determine whether a person is an interested party. The principles are:-

 

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 Commissions Guidance to Licensing Authorities at Paragraphs 8.14 and 8.15. It will also consider the Gambling Commission's Guidance that "has business interests" should be given the widest possible interpretation and include partnerships, charities, faith groups and medical practices (Para 6.25).

Interested parties can be persons who are democratically elected such as councillors, MPs and MSP's. No specific evidence of being asked to represent an interested person will be required as long as the councillor/MP/MSP represents the ward or constituency likely to be affected. Likewise, community councils likely to be affected, will be considered to be interested parties. Other than these however, this authority will generally require written evidence that a person/body (eg an advocate/relative) represents someone who either lives sufficiently close to the premises to be likely to be affected by the authorised activities and/or has business interests that might be affected by the authorised activities.

 

6. Exchange of Information

 

Licensing authorities are required to include in their statements the principles to be applied by the authority in exercising the functions under Sections 29 and 30 of the Act with respect to the exchange of information between it and the Gambling Commission, and the functions under Section 350 of the Act with respect to the exchange of information between it and the other persons listed in Schedule 6 to the Act.

 

The principle that this licensing authority applies is that it will act in accordance with the provisions of the Gambling Act 2005 in its exchange of information which includes the provision that the Data Protection Act 1998 will not be contravened. The licensing authority will also have regard to the advice issued by the Gambling Commission to local authorities on this matter, as well as any relevant regulations issued by the Secretary of State under the powers provided in the Gambling Act 2005.

 

Should any protocols be established as regards information exchange with other bodies then they will be made available.

 

7. Enforcement

 

Licensing authorities are required under the Gambling Act 2005 to state the principles to be applied by the authority in exercising the functions under Part 15 of the Act with respect to the inspection of premises; and the powers under Section 346 of the Act to institute criminal proceedings in respect of the offences specified.

 

This licensing authority will be guided by the Gambling Commissions Guidance for local authorities and will endeavour to be:-

 

- Proportionate: regulators should only intervene when necessary, remedies should be appropriate to the risk posed, and 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, and keep regulations simple and user friendly; and

- Targeted: regulation should be focused on the problem, and minimise side effects.

 

As per the Gambling Commissions Guidance for local authorities this licensing authority will endeavour to avoid duplication with other regulatory regimes so far as possible.

 

This licensing authority will also, as recommended by the Gambling Commissions Guidance to Licensing Authorities, adopt a risk-based inspection programme. Premises will be subject to inspection, the frequency of which will be determined by the risks posed, ie those premises considered to pose the greatest risk will be subject to more frequent inspections than those presenting a lower risk.

 

The main enforcement and compliance role for this licensing authority in terms of the Gambling Act 2005 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 operating 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 as such but will be notified to the Gambling Commission, always bearing in mind that the licensing authority is also the enforcement authority for the purposes of the Health and Safety at Work etc Act 1974 and associated regulations, and will therefore retain an interest in that capacity.

This licensing authority will also keep itself informed of developments as regards the principles of better regulation as they apply to Scottish Local authorities.

 

Bearing in mind the principle of transparency, this licensing authoritys enforcement/compliance protocols/written agreements will be available upon request to the licensing department (insert contact details). Our risk methodology will also be available upon request.

 

Should you have any comments as regards this policy statement please send them via e-mail or letter to the following contact:-

 

Name: Stuart Galloway

Address: 20 City Square, Dundee

E-mail: stuart.galloway@dundeecity.gov.uk

 

8. Licensing Authority Functions

 

Licensing Authorities are required under the Act to:-

 

- Be responsible for the licensing of premises where gambling activities are to take place by issuing Premises Licences;

- 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;

- 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 above on information exchange);

- Maintain registers of the permits and licences that are issued under these functions.

 

It should be noted that local licensing authorities will not be involved in licensing remote gambling at all. This will fall to the Gambling Commission via operating licences.

 

The Gambling Commission has recommended that licensing authorities include a list of licensable activities in their policy statements.

 

PART B

 

PREMISES LICENCES

 

 

1. General Principles

 

Premises licences will be subject to the requirements set-out in the Gambling Act 2005 and regulations, as well as specific mandatory and default conditions which are 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 to be appropriate.

 

This 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:-

 

- 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 this statement of licensing principles.

 

It is appreciated that as per Para 5.27 of the Gambling Commission's Guidance to Licensing Authorities "moral or ethical objections to gambling are not a valid reason to reject applications for premises licences" (except as regards any 'no casino resolution' - see section on Casinos below - page 10) and also that unmet demand is not a criterion for a licensing authority.

 

Re-site Applications - This authority will give sympathetic consideration to re-sites within the same locality and to extensions of existing premises in order to enhance the quality of the facility provided for the benefit of the gambling public.

 

Definition of premises - Premises is defined in the Act as any place. Different premises licences cannot apply in respect of a single premises at different times. However, it is possible for a single building to be subject to more than one premises licence, provided they are for different parts of the building and the different parts of the building can be reasonably regarded as being different premises. Whether different parts of a building can properly be regarded as being separate premises will always be a question of fact in the circumstances. However, the Gambling Commission does not consider that areas of a building that are artificially or temporarily separate can be properly regarded as different premises.

 

This licensing authority takes particular note of the Gambling Commissions Guidance to Licensing Authorities which states that:-

 

- licensing authorities should take particular care in considering applications for multiple licences for a building and those relating to a discrete part of a building used for other (non-gambling) purposes. In particular they should be aware that 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.

 

- 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). Clearly, there will be specific issues that authorities should consider before granting such applications, for example, whether children can gain access; compatibility of the two establishments; and ability to comply with the requirements of the Act. But, in addition an overriding consideration should be whether, taken as a whole, the co-location of the licensed premises with other facilities has the effect of creating an arrangement that otherwise would, or should, be prohibited under the Act.

 

- Premises should be configured so that children are not invited to participate in, have accidental access to, or closely observe gambling where they are prohibited from participating.

Following the decision of the Court of Appeal in R -v- Southend-on-Sea Borough Council exp Betting Shop Services Ltd [2008] EWHC 105 (Admin), the Gambling Commission's Guidance has been revised to state that a premises licence may competently be applied for in respect of premises which have still to be constructed or altered. This authority recognises that such applications require to be determined on their merits and will consider the imposition of suitable conditions as suggested in Para 7.60 ff of the Commission's Guidance.

 

Location - This licensing authority is aware that the expected demand for the facilities proposed to be provided cannot be considered with regard to the location of premises but that considerations in terms of the licensing objectives can. In considering an application for a premises licence no regard will be had to the expected demand for the facilities proposed to be provided in the premises for which a premises licence is sought. As per the Gambling Commissions Guidance, this 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 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 to show how potential concerns can be overcome.

 

Duplication with other regulatory regimes - This licensing authority will seek to avoid any duplication with other statutory/regulatory systems where possible, including planning. This authority will not consider whether a licence application is likely to be awarded planning permission or building regulations approval, in its consideration of it. It will though, 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.

 

Licensing objectives - Premises licences granted must be reasonably consistent with the licensing objectives. With regard to these objectives, this licensing authority has considered the Gambling Commissions Guidance to local authorities and some comments are made below.

 

Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime - This licensing authority is aware that the Gambling Commission will be taking a leading role in preventing gambling from being a source of crime. The Gambling Commission's Guidance does however envisage that licensing authorities should pay attention to the proposed location of gambling premises in terms of this licensing objective. Thus, where an area has known high levels of organised crime this authority will consider carefully whether gambling premises are suitable to be located there and whether conditions may be suitable such as the provision of door supervisors. This licensing authority is aware of the distinction between disorder and nuisance and will consider factors such as whether police assistance was required and how threatening the behaviour was to those who could see it, so as to make that distinction. This authority is also aware of the possibility of nuisance arising as a result of the operation of gambling premises eg noise from machines, musical entertainment, etc and will take into account any complaints received from affected persons and reports from the Environmental Health and Trading Standards Departments of the local authority.

 

Ensuring that gambling is conducted in a fair and open way - This licensing authority has noted that the Gambling Commission has stated that it would generally not expect licensing authorities to become concerned with ensuring that gambling is conducted in a fair and open way as this will be addressed via operating and personal licences. There is, however, more of a role with regard to tracks which is explained in more detail in the 'tracks' section below - page 11).

 

Protecting children and other vulnerable persons from being harmed or exploited by gambling - This licensing authority has noted that the Gambling Commission's Guidance states that this objective means preventing children from taking part in gambling (as well as restriction of advertising so that gambling products are not aimed at, or are particularly attractive to, children). The licensing authority will therefore consider, as suggested in the Gambling Commission's Guidance, whether specific measures are required at particular premises, with regard to this licensing objective. Appropriate measures may include supervision of entrances/machines, segregation of areas etc. The local trading standards authority may consider "test entry" by under 18's where there are concerns about particular premises.

This licensing authority will also make itself aware of the Codes of Practice which the Gambling Commission issues as regards this licensing objective, in relation to specific premises such as casinos.

 

As regards the term vulnerable persons it is noted that the Gambling Commission is not seeking to offer a definition but states that it does 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 mental health needs, learning disability or substance misuse relating to 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 policy statement will be updated with it, by way of a revision.

 

Enforcement - The authority recognises that certain operators have a number of premises within its area. In order to ensure that any compliance issues are recognised and resolved at the earliest stage, operators are requested to provide the authority with a single named point of contact and contact details, who should be a senior individual, and whom the authority will contact first should any compliance queries or issues arise.

 

Conditions - 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.

 

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

 

This licensing authority will also consider specific measures which may be required for buildings which are subject to multiple premises licences. Such measures may include the supervision of entrances; segregation of gambling from non-gambling areas frequented by children; and the supervision of gaming machines in non-adult gambling specific premises in order to pursue the licensing objectives. These matters are in accordance with the Gambling Commission's Guidance.

 

This authority will also ensure that where category C or above machines are on offer in premises to which children are admitted:-

 

- all such machines are located in an area of the premises which is separated from the remainder of the premises by a physical barrier which is effective to prevent access other than through a designated entrance;

- only adults are admitted to the area where these machines are located;

- access to the area where the machines are located is supervised;

- the area where these machines are located is arranged so that it can be observed by the staff or the licence holder; and

- at the entrance to and inside any such areas there are prominently displayed notices indicating that access to the area is prohibited to persons under 18.

 

These considerations will apply to premises including buildings where multiple premises licences are applicable.

 

This licensing authority is aware that tracks may be subject to one or more than one premises licence, provided each licence relates to a specified area of the track. As per the Gambling Commission's Guidance, this licensing authority will consider the impact upon the third licensing objective and the need to ensure that entrances to each type of premises are distinct and that children are excluded from gambling areas where they are not permitted to enter.

It is noted that there are conditions which the licensing authority cannot attach to premises licences which 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, winning or prizes.

 

Door Supervisors - 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.

 

There is no evidence that the operation of particular gambling premises, eg betting offices, has required door supervisors for the protection of the public. The authority will only impose this requirement in circumstances where there is clear evidence, from the history of trading at specific premises, that such premises cannot be adequately supervised from the counter and that such requirements are both necessary and proportionate.

 

2. Adult Gaming Centres

 

This licensing authority will specifically have regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the authority that there will be sufficient measures to, for example, ensure that under 18 year olds do not have access to the premises.

 

This licensing authority may consider measures to meet the licensing objectives such as:-

 

- Proof of age schemes;

- CCTV;

- Supervision of entrances/machine areas;

- Physical separation of areas;

- Location of entry;

- Notices/signage;

- Specific opening hours;

- Self-exclusion schemes;

- Provision of information leaflets/helpline numbers for organisations such as GamCare.

 

This list is not mandatory, nor exhaustive, and is merely indicative of example measures.

 

3. (Licensed) Family Entertainment Centres

 

This licensing authority will specifically have regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the authority, for example, that there will be sufficient measures to ensure that under 18 year olds do not have access to the adult only gaming machine areas.

 

This licensing authority may consider measures to meet the licensing objectives such as:-

 

- CCTV;

- Supervision of entrances/machine areas;

- Physical separation of areas;

- Location of entry;

- Notices/signage;

- Specific opening hours;

- Self-exclusion schemes;

- Provision of information leaflets/helpline numbers for organisations such as GamCare;

- Measures/training for staff on how to deal with suspected truant school children on the premises.

 

This list is not mandatory, nor exhaustive, and is merely indicative of example measures.

 

This licensing authority will, as per the Gambling Commissions Guidance, refer to the Commissions website to see any conditions that apply to operating licences covering the way in which the area containing the category C machines should be delineated. This licensing authority is aware of the mandatory and default conditions on these premises licences.

 

4. Casinos

 

No Casinos resolution - This licensing authority has not passed a no casino resolution under Section 166 of the Gambling Act 2005, but is aware that it has the power to do so. Should this licensing authority decide in the future to pass such a resolution, it will update this policy statement with details of that resolution.

 

The Licensing authority is aware of the mandatory and default conditions attaching to casino premises licences. The authority will give careful consideration to any requests for variations to the default opening hours.

 

Betting machines - This licensing authority will, as per the Gambling Commission's Guidance, take into account the size of the premises, the number of counter positions available for person-to-person transactions, and the ability of staff to monitor the use of the machines by children and young persons (it is an offence for those under 18 to bet) or by vulnerable people, when considering the number/nature/circumstances of betting machines an operator wants to offer.

 

5. Bingo Premises

 

This licensing authority notes that the Gambling Commissions Guidance states at Paragraph 18.4 that licensing authorities need to satisfy themselves that bingo can be played in any bingo premises for which they issue a premises licence. It is also noted that the Category B gaming machine entitlement in respect of any bingo premises licence (ie up to 8 such machines) must be located in the premises concerned and that this is all the more so where pre-existing premises are divided and a variation/fresh licences are applied for.

 

6. Betting Premises

 

The Act contains a single class of betting premises licence which enables betting to take place on the premises. The licence holder may make available up to four gaming machines, subject to certain restrictions.

 

This licensing authority will, as per the Gambling Commission's Guidance, take into account the size of the premises, the number of counter positions available for person-to-person transactions, and the ability of staff to monitor the use of the machines by children and young persons (it is an offence for those under 18 to bet) or by vulnerable people, when considering the number/nature/circumstances of betting machines an operator wants to offer.

 

While the authority has discretion as to the number, nature and circumstances of use of betting machines, there is no evidence that such machines give rise to regulatory concerns. This authority will consider limiting the number of machines only where there is clear evidence that such machines have been or are likely to be used in breach of the licensing objectives. Where there is such evidence, this authority may consider, when reviewing the licence, the ability of staff to monitor the use of such machines from the counter.

7. Tracks

 

This licensing authority is aware that tracks may be subject to one or more than one premises licence, provided each licence relates to a specified area of the track. As per the Gambling Commission's Guidance, this licensing authority will especially consider the impact upon the third licensing objective (ie the protection of children and vulnerable persons from being harmed or exploited by gambling) and the need to ensure that entrances to each type of premises are distinct and that children are excluded from gambling areas where they are not permitted to enter.

 

This authority will therefore expect the premises licence applicant to demonstrate suitable measures to ensure that children do not have access to adult only gaming facilities. It is noted that children and young persons will be permitted to enter track areas where facilities for betting are provided on days when dog-racing and/or horse racing takes place, but that they are still prevented from entering areas where gaming machines (other than category D machines) are provided.

 

This licensing authority may consider measures to meet the licensing objectives such as:-

 

- Proof of age schemes

- CCTV

- Supervision of entrances/machine areas

- Physical separation of areas

- Location of entry

- Notices/signage

- Specific opening hours

- Self-exclusion schemes

- Provision of information leaflets/helpline numbers for organisations such as GamCare

 

This list is not mandatory, nor exhaustive, and is merely indicative of example measures.

 

Gaming machines - This licensing authority notes the Commission's Guidance that licensing authorities need to consider the location of gaming machines at tracks, and applications for track premises licences will need to demonstrate that, where the applicant holds a pool betting operating licence and is going to use his entitlement to four gaming machines, these machines are locate in areas from which children are excluded. Children and young persons are not prohibited from playing category D gaming machines on a track.

 

Condition on rules being displayed - The Gambling Commission has advised in its Guidance to Licensing Authorities that it is disproportionate and unnecessary to insist that betting rules are displayed at each distinct betting location; rather the rules should be made available at suitable central locations ... Other measures could be taken ..., such as printing them in the race-card or programme. The requirement could also be met by making a copy of the rules available in leaflet form from the main track office...

 

Applications and plans - The Licensing Authority will require to be satisfied of the location of the main areas where betting might take place.

 

8. Travelling Fairs

 

It will fall to this licensing authority to decide whether, where category D machines and/or equal chance prize gaming without a permit is to be made available for use at travelling fairs, the statutory requirement that the facilities for gambling amount to no more than an ancillary amusement at the fair is met.

 

The licensing authority will also consider whether the fair falls within the statutory definition of a travelling fair.

It has been noted that the 27-day statutory maximum for the land being used as a fair, is per calendar year, and that it applies to the piece of land on which the fairs are held, regardless of whether it is the same or different travelling fairs occupying the land. This licensing authority will work with its neighbouring authorities to ensure that land which crosses our boundaries is monitored so that the statutory limits are not exceeded.

 

9. Provisional Statements

 

This licensing authority notes the Guidance from the Gambling Commission which states that a licence to use premises for gambling should only be issued in relation to premises that the Licensing Authority can be satisfied are going to be ready to be used for gambling in the reasonably near future, consistent with the scale of building or alterations required before the premises are brought into use" and that Requiring the building to be complete before trading commences would ensure that the authority could, if considered necessary, inspect it fully.

 

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 applicants 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 authoritys opinion reflect a change in the operators circumstances.

 

This authority has noted the Gambling Commissions Guidance that a licensing authority should not take into account irrelevant matters and that "One example of an irrelevant matter would be the likelihood of the applicant obtaining planning permission or building regulations approval for their proposal."

 

10. Reviews

 

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, will certainly not cause this authority to wish 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 authoritys statement of licensing policy.

 

The licensing authority can also initiate a review of a licence on the basis of any reason which it thinks is appropriate.

 

PART C

 

Permits/Temporary and Occasional Use Notice

 

 

1. Unlicensed Family Entertainment Centre gaming machine permits (Statement of Principles on Permits - Schedule 10 paragraph 7)

 

Where a premises does not hold a premises licence but wishes to provide gaming machines, it may apply to the licensing authority for this permit. It should be noted that the applicant must show that the premises will be wholly or mainly used for making gaming machines available for use (Section 238).

 

The Gambling Act 2005 states that a licensing authority may prepare a statement of principles that they propose to consider in determining the suitability of an applicant for a permit and in preparing this statement, and/or considering applications, it need not (but may) have regard to the licensing objectives and shall have regard to any relevant guidance issued by the Commission under section 25. The Gambling Commissions Guidance to Licensing Authorities also states: In its Licensing Authority Statement of Policy, a licensing authority may include a statement of principles that it proposes to apply when exercising its functions in considering applications for permits, licensing authorities may want to give weight to matters relating to child protection issues." (24.6).

 

Guidance also states: ...An application for a permit may be granted only if the licensing authority is satisfied that the premises will be used as an unlicensed FEC, and if the chief officer of police has been consulted on the application.... Licensing authorities might wish to consider asking applications to demonstrate:-

 

- a full understanding of the maximum stakes and prizes of the gambling that is permissible in unlicensed FECs;

- that the applicant has no relevant convictions (those that are set out in Schedule 7 of the Act); and

- that employees are trained to have a full understanding of the maximum stakes and prizes." (24.7).

 

It should be noted that a licensing authority cannot attach conditions to this type of permit.

 

This licensing authority will expect the applicant to show that there are policies and procedures in place to protect children from harm. Harm in this context is not limited to harm from gambling but includes wider child protection considerations. The efficiency of such policies and procedures will each be considered on their merits, however, they may include appropriate measures/training for staff as regards suspected truant school children on the premises, measures/training covering how staff would deal with unsupervised very young children being on the premises, or children causing perceived problems on/around the premises. This licensing authority will also expect, as per Gambling Commission Guidance, that applicants demonstrate a full understanding of the maximum stakes and prizes of the gambling that is permissible in unlicensed FECs; that the applicant has no relevant convictions (those that are set out in Schedule 7 of the Act); and that employees are trained to have a full understanding of the maximum stakes and prizes.

 

2. (Alcohol) Licensed Premises Gaming Machine Permits - (Schedule 13 paragraph 4(1))

 

There is provision in the Act for premises licensed to sell alcohol for consumption on the premises automatically to have 2 gaming machines of categories C and/or D. The premises merely need to notify the licensing authority. The licensing authority can remove the automatic authorisation in respect of any particular premises if:-

- provision of the machines is not reasonably consistent with the pursuit of the licensing objectives;

- gaming has taken place on the premises that breaches a condition of section 282 of the Gambling Act (ie that written notice has been provided to the licensing authority, that a fee has been provided and that any relevant code of practice issued by the Gambling Commission about the location and operation of the machine has been complied with);

- the premises are mainly used for gaming; or

- an offence under the Gambling Act has been committed on the premises.

 

If a premises wishes to have more than 2 machines, then it needs to apply for a permit and the licensing authority must consider that application based upon the licensing objectives, any guidance issued by the Gambling Commission under Section 25 of the Gambling Act 2005, and such matters as they think relevant. This licensing authority considers that such matters will be decided on a case by case basis but generally there will be regard to the need to protect children and vulnerable persons from being harmed or being exploited by gambling and will expect the applicant to satisfy the authority that there will be sufficient measures to ensure that under 18 year olds do not have access to the adult only gaming machines. Measures which will satisfy the authority that there will be no access may include the adult machines being in sight of the bar, or in the sight of staff who will monitor that the machines are not being used by those under 18. Notices and signage may also help. As regards the protection of vulnerable persons, applicants may wish to consider the provision of information leaflets/helpline numbers for organisations such as GamCare.

 

It should be noted that the licensing authority can decide to grant the application with a smaller number of machines and/or a different category of machines than that applied for. Conditions (other than these) cannot be attached.

 

It should also be noted that the holder of a permit must comply with any Code of Practice issued by the Gambling Commission about the location and operation of the machine.

 

3. Prize Gaming Permits - (Statement of Principles on Permits - Schedule 14 paragraph 8 (3))

 

The Gambling Act 2005 states that a licensing authority may prepare a statement of principles that they propose to apply in exercising their functions under this Schedule which may, in particular, specify matters that the licensing authority propose to consider in determining the suitability of the applicant for a permit.

 

The applicant should set out the types of gaming that he or she is intending to offer and that the applicant should be able to demonstrate:-

 

- that they understand the limits to stakes and prizes that are set out in Regulations; and

- that the gaming offered is within the law.

 

In making its decision on an application for this permit the licensing authority does not need to have regard to the licensing objectives but must have regard to any Gambling Commission guidance. This suggests that the licensing authority should take into account any relevant convictions of the applicant, the suitability of the premises in relation to their location and issues about disorder.

 

It should be noted that there are conditions in the Gambling Act 2005 with which the permit holder must comply, but that the licensing authority cannot attach conditions. The conditions in the Act are:-

 

- the limits on participation fees, as set out in regulations, must be complied with;

- all chances to participate in the gaming must be allocated on the premises on which the gaming is taking place and on one day; the game must be played and completed on the day the chances are allocated; and the result of the game must be made public in the premises on the day that it is played;

- the prize for which the game is played must not exceed the amount set out in regulations (if a money prize), or the prescribed value (if non-monetary prize); and

- participation in the gaming must not entitle the player to take part in any other gambling.

4. Club Gaming and Club Machines Permits

 

Members clubs and miners welfare institutes (but not Commercial Clubs) may apply for a Club Gaming Permit or a Club Gaming machines permit. The Club Gaming Permit will enable the premises to provide gaming machines (3 machines of categories B, C or D), equal chance gaming and games of chance as set-out in forthcoming regulations. A Club Gaming machine permit will enable the premises to provide gaming machines (3 machines of categories B, C or D).

 

Gambling Commission Guidance states: "Members clubs must have at least 25 members and be established and conducted wholly or mainly for purposes other than gaming, unless the gaming is permitted by separate regulations. A members club must be permanent in nature, and established and conducted for the benefit of its members and not as a commercial enterprise". Examples include working mens clubs, branches of Royal British Legion and clubs with political affiliations."

 

The Commission Guidance also notes that "licensing authorities may only refuse an application on the grounds that:-

 

(a) the applicant does not fulfil the requirements for a members or commercial club or miners welfare institute and therefore is not entitled to receive the type of permit for which it has applied;

(b) the applicants premises are used wholly or mainly by children and/or young persons;

(c) an offence under the Act or a breach of a permit has been committed by the applicant while providing gaming facilities;

(d) a permit held by the applicant has been cancelled in the previous ten years; or

(e) an objection has been lodged by the Commission or the police.

 

There are statutory conditions on club gaming permits that no child uses a category B or C machine on the premises and that the holder complies with any relevant provision of a code of practice about the location and operation of gaming machines.

 

5. Temporary Use Notices

 

There are a number of statutory limits as regards temporary use notices. In the Gambling Commission Guidance, it is noted that "The meaning of "premises" in Part 8 of the Act is discussed in Part 7 of this guidance. As with "premises", the definition of "a set of premises" will be a question of fact in the particular circumstances of each notice that is given. In the Act "premises" is defined as including "any place". In considering whether a place falls within the definition of "a set of premises", licensing authorities will need to look at, amongst other things, the ownership/occupation and control of the premises. This is a new permission and licensing authorities should be ready to object to notices where it appears that their effect would be to permit regular gambling in a place that could be described as one set of premises."

 

6. Occasional Use Notices

 

The licensing authority has very little discretion as regards these notices aside from ensuring that the statutory limit of 8 days in a calendar year is not exceeded. This licensing authority will though consider the definition of a track and whether the applicant is permitted to avail him/herself of the notice.

APPENDIX IV

 

 

 

 

 

 

 

 

 

 

 

 

 

DUNDEE CITY LICENSING BOARD

 

 

 

 

DISABILITY EQUALITY SCHEME

2007-2010

 

 

 

 

ANNUAL REPORT FOR 2009

 

 

 

 

February 2010

 

Publication

 

This report and the Board's Disability Equality Scheme are available on the Dundee City Council website at the following address - www.dundeecity.gov.uk.

 

Alternative formats

 

This report has also been published in an Easy Read version which can be accessed on the Council website at the above address. A hard copy in Easy Read, LARGE PRINT or other formats and languages can be requested by contacting the General Services Office, 18 City Square, Dundee DD1 3BY or by Freepost, Floor 2, Tayside House, Dundee DD1 3RB.

 

Telephone (01382) 434403 or 433558

 

Fax (01382) 434077 or 433060

 

Minicom (01382) 433310

 

E-mail: stuart.galloway@dundeecity.gov.uk or disability@dundeecity.gov.uk.

 

1 DUNDEE CITY LICENSING BOARD DISABILITY EQUALITY SCHEME - AN INTRODUCTION

 

1.1 The Dundee City Licensing Board Disability Equality Scheme ("the Scheme") was published on 4th December 2006. A copy is available on the Dundee City Council website. The Scheme is shortly due to be the subject of a consultation process as part of the Board's obligation to keep it under review. In the Scheme, the Board affirmed its commitment to promote equality of opportunity for disabled persons in the field of licensing, both from the point of view of applicants for/objectors to licences and patrons of licensed premises. This commitment was reinforced by the Board's Statement of Licensing Policy under the Licensing (Scotland) Act 2005. A copy of that policy can also be accessed on the Council website.

 

1.2 In the Scheme is also contained a statement of the Board's support for the Dundee City Council Equality and Diversity Scheme to recognise the fact that, although it is a separate statutory body from the Council, the Board operates within the framework of, and through staff employed by, the Council. To that end, the Board takes note of the Council's own annual report on disability equality for 2009 and would direct interested parties to these reports for details of progress made by the Council, particularly in relation to members of staff.

 

2 REVIEW OF THE BOARD'S ACTIVITY IN DISABILITY EQUALITY IN 2009

 

2.1 In its annual report for 2008, there was a summary of the Licensing Board's hearings into the suitability of a number of licensed premises in Broughty Ferry following the receipt of complaints concerning the lack of proper access and facilities for disabled patrons. There were a total of 5 hearings in all. In 3 of the cases, the Board was satisfied that they had complied, or were to comply within a reasonable time-scale. The 2 remaining cases (plus an additional new case) were recalled before the Board at various meetings in 2009. The hearings did not reach a conclusion until 24th September 2009. This was due to the time taken to investigate the cases, involving site visits and discussions with specialist architects to explore the available options open to the licensees concerned. Having considered all of the information before it, the Board decided that it would not be a reasonable adjustment to require the installation of accessible toilets at the 3 premises concerned. However, in recognition of the fact that a different investigatory body may take a different view, the Board undertook to pass all of its paperwork in respect of these cases to the Equality and Human Rights Commission.

 

2.2 As in 2007 and 2008, application forms and notes of guidance for both applicants and potential objectors are available on request in large print from the Licensing Office, 20 City Square, Dundee. The staff at the Licensing Office are subject to the Council's disability equality duties and receive training accordingly.

 

2.3 Following on from the inclusion of disabled representatives on the Dundee Licensing Forum, the Board was pleased to note their continuing appointment on the new Forum established in terms of Section 10 of the Licensing (Scotland) Act 2005. The Board had a joint meeting with the Forum on 1st December 2009 and there is also a standing invitation to all Board members to attend any regular meetings of the Forum. The Licensing Board Convener has undertaken to attend each one, subject to other commitments.

 

2.4 In October 2005, the Board gave its support to the establishment of a "Best Bar None" (BBN) Scheme in Dundee to recognise the efforts of licensed premises to meet their commitment to social responsibility and the safety of people using their premises. In 2008, a new category of award was introduced for disability equality and awareness. The representatives of the 5 Digits Group are involved in the assessment of this category. The award winners in 2009 were The Old Anchor Inn (pub category), Papa Jacques (bar category) and Fat Sam's (club category). It is particularly interesting to note the award given to The Old Anchor Inn, which was one of the 5 premises referred to in the 2008 annual report as being the subject of a complaint. It is clear that the Board's involvement at that stage has helped to promote disability awareness in respect of these premises and it is hoped that the Board can continue to assist in achieving progress in this manner.

 

3 CONCLUSION

 

3.1 All of the above actions are evidence of the Board's commitment to delivering on the themes of the Disability Equality Duty -

 

- promotion of equality of opportunity between disabled people and other people;

- elimination of unlawful discrimination;

- elimination of harassment of disabled people related to their disability;

- promotion of positive attitudes towards disabled people;

- encouragement of the participation of disabled people in public life; and

- taking steps to meet disabled people's needs, even if this requires more favourable treatment.

 

3.2 The Board will continue to act in furtherance of its duties as set out above by doing what it can within its sphere of responsibility and legal powers. On 1st September 2009, the provisions of the Licensing (Scotland) Act 2005 came fully into force. The ministerial guidance under Section 142 of the 2005 Act asks licensing boards to avoid the inclusion in their policies of "duplication with other regulatory regimes so far as possible". The Board does not accept, however, that this means that it cannot take into account issues of disability equality and it has already referred in its 2005 Act policy statement to the Disability Equality Scheme adopted in 2006 (paragraph 1.1 above). The 2005 Act preserves the ability of a licensing board to consider the suitability of premises for the sale of alcohol in similar terms to Section 32 of the 1976 Act in respect of applications for new licences and the Board will make use of these continuing powers where issues concerning disability equality are raised in respect of licensed premises under the 2005 Act. When considering issues relating to existing licences, the Board is restricted to taking action only where there is a breach of a condition of a licence or the 5 licensing objectives are threatened. The Board is specifically prohibited by Section 27 of the 2005 Act from imposing conditions in relation to matters covered by other legislation. However, the Board will seek to relate any DDA issues to the licensing objectives where possible, and this was done in the 3 cases referred to in Paragraph 2.1 above.