Gambling licensing policy

The Licensing Authority is determined that the residents of, and visitors to Buckinghamshire should be provided with high quality well managed venues for betting and gaming, whilst reducing the risk of crime and disorder and protecting children and the vulnerable. For these reasons the Licensing Authority will expect detailed plans from operators to show how the objectives will be met.

Disorder is intended to mean activity that is more serious and disruptive than mere nuisance. Factors in determining whether a disturbance is serious enough to constitute disorder would include whether Police assistance would be required and the level of threat to those who might see or hear it.

Licensees and applicants will be expected to demonstrate through their risk assessment that they have given careful consideration to this requirement and that appropriate control measures have been put in place to ensure compliance.

Licence applications, including review applications, made in areas with higher levels of crime and/or disorder associated with gambling premises will receive particular attention by the Licensing Authority.

The Licensing Authority will expect licence holders and applicants to demonstrate that they have robust control measures in place to tackle crime and disorder issues. In circumstances where the Licensing Authority considers that the proposals are inadequate, additional conditions may be imposed.

Appropriate control measures that may be considered include (but are not limited to):

• Provision of comprehensive CCTV, including details of areas covered and arrangements for operation, monitoring and maintenance.
• Conspicuous warning signs in appropriate places relating to such matters as use of CCTV, zero drug tolerance, zero staff abuse .
• The layout of the premises, enabling staff to have an unobstructed view of customers, machines, entry points and access to toilets.
• Use of fixed/secured furniture.
• Minimum staff levels and arrangements for ensuring staff safety.
• The location of gaming machines and gaming machine design.
• Robust incident reporting procedures.
• Provision of SIA registered door supervisors at key times or days of the week.
• Contents and sse of a search policy.
• Strategically placed panic buttons, burglar alarms and personal alarms
• Barring procedures and alerts systems.
• Active participation in Betwatch or similar schemes.
• Encouragement of customers to report crime and disorder issues.
• Appropriate lighting levels.
• Arrangements for monitoring the immediate vicinity of premises.
• Measures to prevent street drinking, urinating in the street, begging, drug taking, litter and obstruction of the public highway associated with the premises.
• Liaison with local police with regard to local crime trends.
• Provision of toilets, with suitable maintenance and monitoring arrangements in place.
• Comprehensive staff training including incident reporting, spotting signs of drug use, crime scene preservation, CCTV and conflict resolution.
• Removal of gambling facilities at certain times or days associated with high risk of crime and disorder.
• Use of security counter screens.
• Arrangements for age verification checks
• Steps proposed to be taken to redress the recurrence of any historical crime and disorder issues
• Measures to address the risk of premises being used for drug dealing
• Measures to address the risk of premises being used for the sale of stolen goods

Some UK Police Authorities have trialled screening for gambling addiction as a result of concerns that high stakes betting activity may be driver for crime. The Licensing authority would expect licence applicants and licence holders to have an awareness of this potential link and to be vigilant in respect of monitoring customer activity for signs of a link between gambling behaviour and criminal activity:

In circumstances where the Licensing Authority considers that the risk to the crime and disorder objective cannot be sufficiently mitigated by either the proposed control measures or additional conditions, an application may be refused or licence revoked in the case of a review application.

Generally, the integrity of operators of licensed gambling premises will be vetted by the Gambling Commission. Operating and personal licences issued by the Gambling Commission need to be in place prior to licensed premises becoming operational. As a result, the Gambling Commission will generally take the lead in determining whether gambling is being conducted in a fair and open way, although the Licensing Authority will share any relevant information with the Commission in this respect to assist with decision-making and to enable them to carry out effective investigations.

The provision of unauthorised facilities for gambling can cause harm or damage to the fairness and transparency objective. Examples of unauthorised activity include the provision of illegal gaming machines, unlicensed betting syndicates and “underground” card schools. The Licensing Authority will take robust enforcement action where it is established that unauthorised gambling is taking place at premises within the council area.

The Act defines ‘child’ as those persons under 16 years of age and ‘young persons’ as those persons aged 16 or 17. For the purposes of this policy, the Licensing Authority considers “children” to refer to all persons under 18 years old.

The term ‘vulnerable persons’ is not defined within the Act although the Gambling Commission does offer some guidance in this respect which includes:

• People who gamble more than they want to.
• People who gamble beyond their means.
• People who may not be able to make informed or balanced decisions about gambling due to a mental impairment, alcohol or drugs.

The Licensing Authority considers that ‘vulnerable persons’ include those listed above but this list is not exhaustive.

The Licensing Authority is aware that the impact of gambling is complex. It is not just the gambler who may be vulnerable to harm or exploitation but also their friends, family, customers and staff at gambling facilities along with the wider society.

What constitutes ‘harmed or exploited’ is not defined within the Act. There are various issues associated with compulsive or problem gambling including physical, psychological and social harms.

The Gambling Commission has provided further guidance on factors which may make an individual vulnerable to gambling harm as part of the publication of formal guidance to accompany the relevant social responsibility code provisions. The following provides useful guidance when considering vulnerability:

• Personal and demographic – if the individual is experiencing poor physical or mental health, physical or cognitive impairment, suffering side effects from a brain injury or medical or has an addiction
• Situational – if the individual is experiencing financial difficulties, is homeless, is suffering from domestic or financial abuse, has caring responsibilities, experiences a life change or sudden change in circumstances
• Behavioural – if an individual has a higher than standard level of trust or high appetite for risk
• Market-related – if an individual is engaged in an activity which is highly complex; that they have a lack of knowledge and/or experience of the market
• Access – if an individual has difficulty accessing information because of poor literacy or numeracy skills, knowledge, dyslexia

Licensees and applicants will be expected to demonstrate through their risk assessment that they have given careful consideration to indications of deprivation in the local area and the impact of their gambling activities on young people, the homeless, the unemployed, those affected with mental health conditions, those on low incomes and those from identified vulnerable ethnic minority groups, who may be living in or visiting the local area.

Licence applications, including review applications, in areas of where there is a higher degree of concern because of increased risk of harm to or exploitation of children and/or vulnerable persons will receive particular attention by the Licensing Authority.

Licensees and applicants will be expected to demonstrate through their risk assessment that they have given careful consideration to protecting children and vulnerable persons from harm and exploitation and have robust control measures in place. In circumstances where the Licensing Authority considers that the proposals are inadequate, additional conditions may be imposed.

Appropriate control measures that may be considered include:

• Use of refusal logs to record failed proof of age ID checks
• Conspicuous signage advertising proof of age policy
• Use of till prompts to remind staff to implement proof of age policy
• Leaflets offering assistance to problem gamblers prominently displayed on the premises
• Notices displayed on the premises, in appropriate languages, to signpost support services for problem gamblers
• Documented staff training, with regular refresher training, with a focus on identifying vulnerable persons and implementing appropriate strategies for action where necessary
• Maintaining records of customer interactions where staff have concerns that a customer’s behaviour may indicate problem gambling
• Regular staff meetings to discuss and identify local vulnerability issues
• Robust implementation of self-exclusion schemes, supported with signposting to appropriate sources of support and advice e.g. GamCare and Gamblers Anonymous
• Records to be maintained of self-exclusions schemes
• Rules being available in relation to the acceptance of bets, void bets, late bets and maximum pay-outs
• Written procedures in place and available in relation to handling customer complaints and the resolution of disputes and the arrangements for referring disputes to an identified independent person or body offering alternative dispute resolution services
• Windows and entrance displays designed so as not to entice passers-by
• Designing the layout, lighting and fitting out of the premises so as not to attract children and other vulnerable persons who might be harmed or exploited by gambling
• Promotional material associated with the premises will be designed not to encourage the use of the premises by children or young people if they are not legally allowed to do so
• Regular liaison with local support services to identify emerging trends and existing issues in respect of vulnerability
• Avoidance of incentives to enter or loiter within shops, for example by not offering free food and drink or prohibiting customers from bringing their own refreshments
• Active participation and support for local forums that support the licensing objectives
• Avoidance of loan working, particularly in high risk areas
• Positioning gaming machines so they are not visible to passers-by
• Daily staff diaries to record any issues of concern observed by staff or actions taken
• The provision of SIA registered door supervisors
• The use of floor walkers to interact with customers
• Monitoring outside areas for signs of customer vulnerability for example alcohol and drug use, signs of homelessness, begging, children congregating outside or children of customers left outside unsupervised
• Effective staff support systems
• Prohibition of ATMs on the premises
• Arrangements for segregation between gaming and non-gaming areas in premises where children are permitted
• Arrangements for supervision of machine areas in premises where children are allowed

This list is by no means exhaustive and is provided as a guide. Operators and applicants should also be aware that there are extensive conditions attached to operating and personal licences issued by the Gambling Commission, along with additional mandatory conditions imposed by the Act on gambling facilities and activities.

In circumstances where the Licensing Authority considers that the risk of harm or exploitation to children and other vulnerable persons cannot be sufficiently mitigated by either the proposed control measures or additional conditions, an application may be refused or licence revoked in the case of a review application.

For multi-occupied premises, consideration should also be given to the arrangements for controlling access to children and the compatibility of the activities of the occupants. In many cases separate and identifiable entrances may be required so that people do not drift inadvertently into a gambling area.

Children are not permitted to use Category C or above machines and in premises where these machines are available and children are permitted on the premises, the Licensing Authority will generally require:

• all Category C and above machines to be located in an area of the premises which is separated from the remainder of the premises by a physical barrier to prevent access other than through a designated entrance
• adults only to be admitted to the area where these machines are located
• adequate supervised access to the area where the machines are located
• the area where these machines are located is arranged so that it can be observed by the staff or the licence holder
• prominent notices displayed at the entrance to, and inside, any such areas indicating that access to the area is prohibited to persons under 18