Gambling licensing policy

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

The Licensing Authority will be guided by national guidance and will endeavour to be:

• Proportionate: regulators should only intervene when necessary and remedies should be appropriate to the risk posed. Costs should be 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 clear; and
• Targeted: regulation should be focused on the problem.

As the national guidance advises, the Licensing Authority will endeavour to avoid duplication with other regulatory regimes so far as possible. A risk-based approach to enforcement will be adopted based on;

• The licensing objectives
• Relevant codes of practice issued by the Gambling Commission
• Guidance issued by the Gambling Commission; and
• The principles set out in this statement of licensing policy

The Licensing Authority will also have regard to the Regulators’ Code issued by the Better Regulation Delivery Office.

The purpose of the Code is to promote proportionate, consistent and targeted regulatory activity through the development of transparent and effective dialogue and understanding between regulators and those they regulate. The Code also aims to promote efficient and effective approaches to regulatory inspection and enforcement, improving the outcome of regulation without imposing unnecessary burdens.

The main enforcement and compliance role for licensing authorities under the Act is to ensure compliance with the requirements of premises licences and other permissions which it authorises. In circumstances where the Licensing Authority is made aware of possible unlawful gambling activities at premises within the Council’s area, Licensing Officers will carry out investigations and take robust enforcement action where evidence of offences is established.

Any decisions made in terms of sanctions, including prosecution, will be made in accordance with the Code of Crown Prosecutors.

The Gambling Commission is the enforcement body for operating and personal licences. Concerns about the manufacture, supply or repair of gaming machines are not within the remit of licensing authorities and should be notified to the Gambling Commission at www.gamblingcommission.gov.uk.