Gambling licensing policy

Buckinghamshire Council is a unitary authority created in April 2020 from Buckinghamshire County Council and the Aylesbury Vale, Chiltern, South Bucks and Wycombe District Councils.

A map of the Council area is at Appendix 1.

Licensing authorities are required by the Act to publish a statement of the principles which they intend to apply when exercising their functions under the Act. The statement, or policy, must be reviewed and published from time to time or at least every three years.

The policy is being reviewed at a time of regulatory change and update as a result of the publication of the Government’s white paper on gambling legislation, “High Stakes: Gambling reform for the digital age”. The proposed changes will affect both online and land based gambling environments. Licensing authorities need to consider the proposed changes which include the transfer of unused casino licenses, the introduction of Cumulative Impact Assessments, the exploration of cashless payment options and the reconsideration of machine ratios and numbers within gambling premises.

This is the second statement of licensing policy in relation to Gambling from Buckinghamshire Council and has been written taking into consideration the following 4 key priorities identified in the Buckinghamshire Council Corporate Plan 2020 to 2025:

• Strengthening our communities
• Improving our environment
• Protecting the vulnerable
• Increasing prosperity

Licensing has a crucial role to play in achieving these goals, through the formulation of policy, decision making, promotion of best practice and enforcement activities.

This policy is divided into three sections. The first deals with general principles relating to the implementation of the Gambling Act 2005. The second concentrates on premises licences and provides guidance on the Licensing Authority’s approach in considering applications. The final section relates to permits, notices and registrations issued under the Act.

Licensing authorities are responsible for licensing premises for gambling activities for example gaming machine arcades, betting shops, casino gaming and bingo. Residents who are, or who could be, affected by premises providing gambling facilities have an opportunity to influence decisions, subject to the licensing objectives. The Licensing Authority is also able to work with other stakeholders to protect children and vulnerable people from being harmed or exploited by gambling activities.

The responsibility for regulating gambling is shared between the Gambling Commission and licensing authorities. This means that both the Commission and Licensing authority must approach their functions to strike a balance between those businesses who are involved in the gambling industry and using their powers to moderate its impact on the licensing objectives.

The Gambling Commission is responsible for issuing operating licences to organisations and individuals who provide facilities for gambling and personal licences to persons working in the gambling industry. The Commission takes the lead role on ensuring that gambling is conducted in a fair and open way through the administration and enforcement of operating licence and personal licence requirements. The Commission is also responsible for remote gambling activities such as facilities provided via the internet, television or radio.

The Gambling Commission issues national guidance to licensing authorities which must be taken into account when exercising their functions under the Act and preparing statements of licensing policy.

A full consultation process must be carried out when preparing any statement of licensing policy and a list of consultees in this respect is provided as Appendix 2. The 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 authority’s 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 authority’s functions under the Gambling Act 2005.

Any comments in relation to this policy should be sent by email to [email protected] or by post to: Licensing Service, Buckinghamshire Council, The Gateway, Gatehouse Way, Aylesbury, Bucks, HP19 8FF.

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 – all of which will be considered on their own merits and according to the statutory requirements of the Gambling Act 2005 and considered in accordance with this policy.