Gambling licensing policy
11. Decision-making
The Licensing Authority aims to permit the use of premises for gambling in accordance with the requirements of the Act. The Licensing Authority considers it important to emphasise that the reference to “aim to permit” under section 153 does not create a “presumption to grant”. The Licensing Authority will allow premises to be used for gambling insofar as it considers the proposed activity to be:
- in accordance with any relevant code of practice or guidance issued by the Gambling Commission
- reasonably consistent with the licensing objectives, and
- in accordance with the authority’s statement of licensing principles.
The ‘aim to permit’ framework provides wide scope for the Licensing Authority to impose conditions on a premises licence or to reject, review or revoke premises licences where there is a potential conflict with the relevant codes of practice, relevant guidance issued by the Commission, the licensing objectives or the Licensing Authority’s own statement of policy.
When assessing applications, the following list, which is not exhaustive, indicates the factors that will be taking into account:
- The location of the premises
- How the local area profile information provided has been addressed
- Hours of operation
- The size and layout of the premises
- The level of management oversight to be provided
- The input from responsible authorities
- The input of interested parties
- The risk assessment and operating schedule provided
- Any other information considered relevant
The general approach expressed in this policy does not override the right of any person to make an application and to have that application considered on its merits.
As far as is possible the Licensing Authority will avoid duplication with other regulatory regimes, such as planning and building control regulations.
The Licensing Authority will not take into account demand for gambling premises or representations based on moral objections when making decisions.