Gambling Statement of Principles 2022 - 2025

Part A - Overview

1 Introduction

This Statement of Principles is published in accordance with the requirement set out in the Gambling Act 2005 requiring the Licensing Authority to prepare and publish a Statement of Principles that sets out the principles that the Licensing Authority proposes to apply when exercising its functions.

This Statement was written in accordance with legislation and guidance in place at the time of publication. It includes details of the steps taken in relation to its preparation and details of the policies to which the Licensing Authority will have regard in determining applications submitted under the Act. It is intended to comply with and fulfil the requirements of the Gambling Act 2005 (Licensing Authority Policy Statement) (England and Wales) Regulations 2006 (SI 2006 No. 636).

The Licensing Authority consulted widely on this Statement of Principles 2022-2025, before approving and publishing this ‘Statement of Principles 2022-2025. The consultation period commenced 19 July 2021 and concluded 13 September 2021.

It should be noted that this Statement of Principles 2022-2025 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 application will be considered on its own merits and in accordance with the statutory requirements of the Act.

This Statement of Principles 2002-2025 was approved and adopted by Torbay Council on 9 December 2021.

2 The Licensing Objectives

In exercising its functions under the Gambling Act 2005 (hereinafter referred to as ‘the Act’), the Licensing Authority will 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.
[The Act defines a ‘Child’ as an individual aged 15 years or under; and defines a ‘Young Person’ as an individual aged 16 to 17 years].

In making decisions in relation to premises licences the Licensing Authority will, in accordance with Section 153 of the Act, aim to permit the use of premises for gambling in so far as it thinks that use will be:

In accordance with any relevant code of practice issued by the Gambling Commission.
In accordance with any relevant guidance issued by the Gambling Commission.
Consistent with the Licensing Objectives (subject to the above).

In accordance with Torbay Council’s ‘Statement of Principles’, issued under the Act (subject to the above).

3 Torbay Council Area Overview

Torbay is situated on the South Devon coast, on the southwest peninsular of England and comprises the three towns of Torquay, Paignton and Brixham. Torbay is an outstanding coastal destination, including 22 miles of coastline, which was recognised as a Global Geopark in 2007. The Council area is mainly urban, comprising the three bay towns of Torquay, Paignton, and Brixham; please refer to a map of the Torbay area in the Local Area Profile.

4 Declaration

In producing this Statement of Principles 2022-2025, the Licensing Authority declares that it has had regard to the Licensing Objectives of the Act and the Gambling Commission’s ‘Guidance to Licensing Authorities’, updated 13 May 2021.

5 Interested Parties

‘Interested Parties’ can make representations to the Licensing Authority in respect of an application for a ‘Premises Licence’ or in respect of an application for a ‘Provisional Statement’, submitted to the Licensing Authority by an applicant, under the Act.

Interested parties can also initiate, (or make representation in respect of), a review of a Premises Licence, the detail of which is outlined at Section 28 of this ‘Statement of Principles’, under the heading of ‘Reviews’.

The Act states that a person is an ‘Interested Party’, if in the opinion of the Licensing Authority, that person:

Lives sufficiently close to the premises to be likely to be affected by the authorised activities.
Has business interests that might be affected by the authorised activities, or
Represents persons who satisfy the criteria at paragraph a) or b).

Persons at a) include trade associations, trade unions, and residents’ and tenants’ associations. However, the Licensing Authority will not generally view these bodies as interested parties, unless they have a member who satisfies the criteria in paragraphs a) or b) above; and they have written Authority of representation.

‘Interested Parties’ can also be persons who are democratically elected, such as Councillors, (including Town Councillors), and Members of Parliament. In such circumstances, no specific evidence of being ‘asked’ to represent an interested person will be required, provided the relevant Elected Member represents the ward or town likely to be affected.

In respect of any application for the grant of a small casino premises licence the Act provides that at Stage 1 of the consideration procedure, each competing applicant is an ‘Interested Party’ in relation to each of the other competing applications.

The Licensing Authority will apply the following principles in determining whether a person or body is an interested party for the purposes of the Act:

Each case will be decided upon its own merits subject to the Licensing Objectives and to any requirements imposed by the Act.

The Licensing Authority will not apply a rigid rule to its decision making.

The Licensing Authority will have regard to any guidance issued by the Gambling Commission with regard to the status and interpretation of ‘Interested Parties’.

In respect of any representation made by an interested party, the Licensing Authority may disregard the representation if it considers that the representation is frivolous, vexatious or will certainly not influence the Authority’s determination of the application.

The following are examples of grounds which may be discounted by the Licensing Authority.

Representations which relate to the objection to gambling activity generally, for instance on moral or ethical grounds.
Representations in relation to the demand or unmet demand for gambling premises.
Representations in relation to planning matters.
Public Safety issues.
Traffic congestion issues.
Public Nuisance.

6 Exchange of Information

The Licensing Authority will act in accordance with the provisions of Section 350 of the Act in its exchange of information with the Gambling Commission; this includes a provision that the General Data Protection Regulations will not be contravened. The Licensing Authority will also have regard to Guidance 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 Act.

7 Enforcement

The main enforcement and compliance role for the Licensing Authority in terms of the Act is to ensure compliance with the Premises Licences and other permissions which it authorises.

This Authority adopts a graduated approach to enforcement and when seeking to resolve or address issues the general expectation of the Authority is that operators promptly work alongside the Licensing Authority in taking remedial action. However, where a serious issue is identified, it is likely that the Authority will immediately initiate some form of enforcement action.

In discharging its responsibilities under the Act with regard to inspection and enforcement regimes, the Licensing Authority will have regard to any guidance issued by the Gambling Commission and Torbay Council ‘Enforcement and Prosecution Policy’ and will endeavour to be:

Proportionate: The Licensing Authority will only intervene when it is deemed necessary, and remedies will be appropriate to the risk posed; costs will be identified and minimised.
Accountable: The Licensing Authority will ensure that it can justify decisions and will provide facilities for the public scrutiny of decisions taken.
Consistent: The Licensing Authority will ensure that rules and standards are ‘joined up’ and implemented fairly.
Transparent: The Licensing Authority will be open and will endeavour to keep regulations simple and user friendly.
Targeted: The Licensing Authority will endeavour to focus on the problem, minimise side effects and avoid duplication with other regulatory regimes.

The Licensing Authority has adopted and implemented a risk-based/intelligence led inspection programme, based on:

The Licensing Objectives.
Relevant codes of practice
Guidance issued by the Gambling Commission
The principles set out in this Statement of Principles 2022-2025.
Regulators Code
Departmental and Partner Agency intelligence.

The Gambling Commission has the following principal statutory functions:

Issuing operating and personal licences to gambling businesses and individuals occupying certain positions in the gambling industry, with appropriate conditions, and ensuring that holders of licences adhere to their terms
Publishing codes of practice
Publishing statutory guidance to licensing authorities.

The Commission also has a duty to advise the Secretary of State on gambling and its regulation.

8 Licensing Authority Functions

The Licensing Authority has a duty under the Act to:

Issue ‘Premises Licences’ where gambling activities are to take place.
Issue ‘Provisional Statements’ where gambling activities may take place.
Regulate ‘Members Clubs’ that wish to undertake certain regulated gaming activities by issuing ‘Club Gaming Permits’ 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’.
Receive ‘Notifications’ from premises licensed under the Licensing Act 2003, (for the sale and consumption of alcohol on the premises), for the use of up to two gaming machines on the premises.
Grant ‘Licensed Premises Gaming Machine Permits’ for premises licensed under the Licensing Act 2003, (for the sale and consumption of alcohol on the premises), where there are more than two machines on the premises.
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.
Maintain registers of the permits and licences issued.

Part B – Premises Licences

9 General Principles

In exercising its functions under the Act in relation to premises licences, the Licensing Authority will have regard to the provisions of the Act, Regulations drafted under the Act, the mandatory and default conditions and any guidance or codes of practice issued by the Gambling Commission.

The Licensing Authority may:

Exclude default conditions from the premises licence where the exclusion does not adversely affect the Licensing Objectives.
Attach additional licence conditions, if it is deemed necessary to do so to ensure the operation of the licence is consistent with the Licensing Objectives.

10 Guiding Principles

The Licensing Authority will treat each Licensing Objective with equal importance.

The Licensing Authority will have regard to its responsibilities under Section 17 of the Crime and Disorder Act 1998 and within the strategic aims of the Community Safety Partnership Strategic Assessment 2020-2021, to do all that is reasonable to prevent crime and disorder in Torbay.

The Licensing Authority will have regard to its responsibilities under the European Convention on Human Rights, set out by the Human Rights Act 1998, and its statutory role as a Local Authority to fulfil the duties and responsibilities vested in it.

The Licensing Authority will have regard to its responsibilities under the Equalities Act 2010.

Torbay Council’s Constitution states that the Licensing Committee shall be comprised of 15 Elected Members of the Council; with a quorum of 5, and the Licensing Sub Committee shall be comprised of 3 Elected Members of the Council; with a quorum of 3.

The Chair of Torbay Council’s Licensing Committee will be elected at the annual meeting of the Council.

Torbay Council will ensure that Members and Officers are appropriately trained to carry out their duties under the Act and in accordance with Torbay Council’s constitution. No Member of Torbay Council shall sit upon the Licensing Committee or Sub-Committee unless they have received appropriate training.

The Licensing Authority considers that effective Licensing can only be achieved by recognising the value of all contributors and will work in partnership with the Police and other statutory services, local businesses, local people, professionals involved in child protection and all others who can contribute positively, to the successful promotion of the three Licensing Objectives.

Torbay Council considers that the decisions of the Licensing Authority can be a key factor of the Council effectively discharging its duties under the Section 17 of the Crime and Disorder Act 1998. Whilst the Licensing Authority will not use licensing conditions to control anti-social behaviour by patrons once they are away from licensed premises, licence holders will be expected to demonstrate they have taken appropriate action to minimise the potential impact of that behaviour, within the general vicinity of the licensed premises.

The Licensing Authority will ensure that any conditions attached to a licence will relate to matters within:

The control of the licence holder, or,
The control of other persons who may have relevant licences or authorisations, in respect of the subject premises, or adjacent premises.

In determining any such conditions, the Licensing Authority will have regard to the Act, any guidance or codes of practice issued by the Gambling Commission and this Statement of Principles.

Torbay Council will ensure that decisions made in relation to planning and building control legislation will be made independently of those made in respect of the Act. The Licensing Authority will not have regard to the likelihood of obtaining consents under planning or building legislation in considering any application for a premises licence, made under the Act.

The Licensing Committee will receive reports, compiled six-monthly, on decisions made by Officers under the provisions of the scheme of delegation.

The Licensing Authority will, where relevant to its functions under the Act, have regard to and promote Torbay Council’s Economic Strategy 2017-2022 and Torbay Council’s Economic Recovery Plan, which forms part of the Council’s Policy Framework.

Section 156 of the Act requires licensing authorities to maintain a register of the premises licences that it has issued. The register must be made available, at any reasonable time, to the public who may request copies of the entries. The Licensing Authority achieves this requirement using an online register which is accessible via the Council’s website.

11 Decision Making Process

In making decisions about premises licences, the Licensing Authority will aim to permit the use of premises for gambling in so far as it thinks it is:

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 (subject to the above).
In accordance with the Licensing Authority’s ‘Statement of Principles 2022-2025’ (subject to the above).

In determining a premises licence application, the Licensing Authority shall not have regard to any objections which are deemed to be raised on moral or ethical grounds, nor will it be concerned with matters of sufficiency of, or unmet demand for, gambling facilities.

12 Definition of Premises

In deciding if parts of a given building constitute premises in their own right, the Licensing Authority will have due regard to the definition of premises meaning “any place” set out at Section 152 of the Act and any guidance issued by the Gambling Commission and any decisions handed down by the Courts.

The Act allows for a single building to be subject to more than one premises licence, provided those premises licences are for different parts of the building, and the different parts of the building can reasonably be regarded as being ‘different premises’. This provision exists to allow large multiple unit premises, such as a pleasure park, pier, track or shopping mall, to obtain separate premises licences. However, this does not mean that a premises cannot be the subject of a separate licence for example the basement and ground floor, if they are configured to a standard approved by the Licensing Authority.

The Licensing Authority will pay particular attention, as recommended by Gambling Commission at 7.5 of its Guidance to Local Authorities if there are issues about sub-division of a single building or plot and will ensure any applicable mandatory conditions relating to access between premises are observed. The Licensing Authority does not consider that areas of a building that are artificially or temporarily separated, for example by ropes or moveable partitions, can properly be regarded as different premises.

The Licensing Authority will pay particular attention, as referenced above, to premises licence applications and applications for permits, such as UFEC’s, where access to the proposed licensed premises, can only be made by passing through other premises; being other premises which may or may not have the benefit of licences in their own right.

The Licensing Authority will also take particular care in considering applications for multiple licences for a building and/or those relating to a separate part of a building used for other (non-gambling) purposes. In particular, 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.

Where access to the proposed licensed premises or an area covered by a permit such as a UFEC, cannot be made directly from the public highway the Licensing Authority will consider specific issues before granting such applications, for example:

The general access arrangements of the premises.
The structural integrity and nature of any premises separation.
Whether persons under 18 years of age can gain access to or have sightlines into the premises.
The compatibility of adjacent establishments.
Supervision and monitoring systems.
The nature and legitimacy of any unlicensed areas providing separation of licensed premises.
The overall ability to comply with the requirements of the Act, specifically but not exhaustively, the mandatory and default Licensing conditions.

13 Provisional Statements – Premises not yet ready for Gambling

Where there is an intention on the part of an applicant, to provide gambling facilities at premises:

Which they expect to be constructed, or
Which they expect to be altered, or
For which they do not yet have the right to occupy the premises, then an application may be made to the Licensing Authority for a ‘Provisional Statement’.

The Licensing Authority will issue ‘Provisional Statements’ in accordance with the provisions of the Act, any guidance or codes of practice issued by the Gambling Commission and the principles contained within this ‘Statement of Principles’.

‘Responsible Authorities’ and ‘Interested Parties’ (in accordance with the procedures outlined at Section 4 of this Statement of Principles) can make representations to the Licensing Authority, in respect of an application for a ‘Provisional Statement’. Following the grant of a ‘Provisional Statement’, no further representations from Relevant Authorities or Interested Parties can be taken into account unless:

The representations concern matters which could not have been addressed at the ‘Provisional Statement’ stage.
The representations reflect a change in the applicant’s circumstances.

The Licensing Authority may refuse the grant of a Premises Licence, or grant the licence on terms different to those which may have been attached to the ‘Provisional Statement’, only by reference to matters which:

Could not have been raised by objectors at the ‘Provisional Statement’ stage
In the Licensing Authority’s considered opinion, reflect a material change in the operator’s circumstances.

14 Premises Location

The Licensing Authority must be satisfied that the potential location of a premises intended for gambling is suitable for the purposes of the required gambling activity. In considering matters of location, the Licensing Authority will have particular regard to the Licensing Objectives, Local Area Profile and the Local Area Risk Assessment. In considering location, the Authority may consider the general characteristics of the area. For example, if the premises is in a Cumulative Impact Area for the purposes of the Licensing Act 2003, the Authority will consider whether this may negatively impact on the gambling licensing objectives and how the applicant proposes to mitigate such impact.

15 Duplication with other Regulatory Regimes

The Licensing Authority will endeavour to avoid any duplication with other statutory and regulatory regimes in discharging its functions under the Act, unless the Licensing Authority believes such duplication is necessary for compliance with the Licensing Objectives.

In considering an application for a premises licence the Licensing Authority will not take into account matters which lie beyond the remit of the Licensing Objectives. Although this is not an exhaustive list, this would include issues such as:

Whether the premises, which is the subject of the licence application, is likely to be awarded planning permission or building consent.
Whether the premises is safe for the intended use, (e.g., the structure, the means of escape, fire precaution provisions, etc).
Whether the use of the premises under the licence may cause any public nuisance (e.g., to residents within the vicinity).

The above matters will be addressed by other regulatory regimes.

16 Licensing Objectives

The Licensing Authority will endeavour to ensure that any premises licences granted will be consistent with the Licensing Objectives.

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.

Licensing Objective: Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime.

The Gambling Commission will take a lead role in preventing gambling from becoming a source of crime. However, the Licensing Authority acknowledges this objective in the delivery of its responsibilities. For instance, in considering applications for premises licences the Licensing Authority will have particular regard to the following:

Where an area has known high levels of organised crime the Licensing Authority will consider carefully whether gambling premises should be located in the proximity of that area.
Whether additional licence conditions may be appropriate, such as the provision of Security Industry Authority (SIA), registered door supervisors.
Whether additional security measures should be installed at the premises, such as monitored CCTV.
The likelihood of any violence or public order issues if the licence is granted.
The design and layout of the premises.
The training given to staff in crime prevention measures appropriate to those premises, for example, the detection and prevention of money laundering.
Physical security features installed in the premises. This may include matters such as the positioning of cash registers and the standard of any CCTV system.
If premises are to be subject to age restrictions; the procedures in place to conduct age verification checks.
The Local Area Profile.
The premises’ Local Risk Assessment.

Licensing Objective: Ensuring that gambling is conducted in a fair and open way.

The Licensing Authority will not generally be concerned with ensuring that gambling is conducted in a fair and open way, (as that is the remit of the Gambling Commission), unless the gambling facilities are being provided at a Track; see Section 28 . ‘However, the fair and open principle will be considered as an integral part of any inspection carried out by this Authority’.

Licensing Objective: Protecting children and other vulnerable persons from being harmed or exploited by gambling.

This objective is concerned with protecting children from gambling, as well as restrictions upon advertising, to ensure that the commercial promotion of gambling is not targeted towards children or portrayed as attractive to children. It is also concerned with protecting vulnerable people from being harmed or exploited by gambling. The Licensing Authority will therefore consider the local risk assessment and whether specific measures are required at particular premises, with regard to this Licensing objective, which may include the supervision of entrances, the supervision of machines and the appropriate segregation of high-risk areas, the provision of a ‘chill out’ room or area free from gambling and alcohol facilities. For more information regarding Local Area Risk Assessments, please see section 17.

In discharging its responsibilities with respect to this particular Licensing objective, the Licensing Authority will have regard to the current ‘Gambling Commission Codes of Practice’, insofar as they may apply to specific premises.

The Act does not offer a definition with regard to the term, ‘vulnerable persons’, however the Gambling Commission states the following.

For regulatory purposes the Commission will assume that this group 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, other relevant disability, or drugs.

Torbay and South Devon NHS Foundation Trust refers to a vulnerable adult as an Adult at Risk. The Care Act 2014 defines an adult at risk as someone who:

has care and support needs
is experiencing, or is at risk of, abuse or neglect
as a result of their care and support needs is unable to protect himself or herself or the risk of it.

Torbay Council defines an adult at risk as persons aged over 18 years old who:

is old and frail due to ill health, physical disability or cognitive impairment
has a learning disability
has a physical disability and/or a sensory impairment
has mental health needs including dementia or a personality disorder
has a long term illness/condition
misuses substances or alcohol
is a carer such as a family member/friend who provides personal assistance and care to adults and is subject to abuse
is unable to demonstrate the capacity to make a decision and is need of care and support.

The Licensing Authority also recognises that, despite the above, anyone can be at risk of abuse or exploitation.

The Licensing Authority will have regard to the definitions of an Adult at Risk as provided by the Gambling Commission, by the Torbay and South Devon NHS Foundation Trust and Torbay Council, in discharging its responsibilities under the Act.

Problem gambling, particularly with the young, can sometimes be an indication of other issues that are of concern to the Licensing Authority, such as anti-social behaviour problems. When the Licensing Authority is made aware of issues associated with problem gambling and vulnerable people, the Licensing Authority will seek to work closely with the gambling premises operator, the Gambling Commission and other relevant sections of the Council, including the Adult Services Directorate and Children’s Services Directorate.

This Authority places social responsibility as a high priority. As such, it will when exercising its statutory powers have due regard, where relevant to its statutory functions, to the need to:

Prevent gambling related problems in individuals and groups at risk of gambling addiction.
Promote informed and balanced attitudes, behaviours and policies towards gambling and gamblers by both individuals and by communities; and
Protect vulnerable groups from gambling related harm.

The Licensing Authority will work with operators and other public agencies to encourage a commitment to social responsibility including responsible design, delivery, promotion and use of product. The end goal will be to reduce the incidence of high-risk and problem gambling. The Licensing Authority will consider, in relation to any particular premises whether any special considerations apply to the protection of vulnerable persons. Such considerations need to be balanced by the Authority’s objective to aim to permit the use of premises for gambling.

17 Local Area Risk Assessments

The Gambling Commission’s Social Responsibility Code (Licence Conditions and Codes of Practice (LCCP) 10.1.1) requires licence holders to assess the local risks to the Licensing Objectives posed by the provision of gambling facilities at each of their premises, and have policies, procedures and control measures to mitigate those risks. In undertaking their risk assessments, licence holders should take into account any relevant matters identified in this Policy statement.

Licence holders are required to undertake a Local Area Risk Assessment when applying for a new premises licence. Their risk assessment will also need to be updated:

When applying for a variation of a premises licence.
To take account of significant changes in local circumstances, including those identified in this Policy.
When there are significant changes at a licence holder’s premises that may affect the level of risk or the mitigation of those risks. This includes any changes to the interior layout of the premises. Significant changes will require a variation to the premises licence.

The Social Responsibility Code provision is supplemented by the LCCP: Ordinary code 10.1.2 and requires licence holders to share their risk assessments with the Licensing Authority when applying for a premises licence or applying for a variation to existing licensed premises or otherwise on request of the Licensing Authority.

While there are no plans to request that licensed premises share risk assessments on a periodic basis, where concerns do exist, perhaps prompted by new or existing risks, the Licensing Authority is likely to request that a licence holder share a copy of their risk assessment. The risk assessment will set out the measures the licence holder has put in place to address specific concerns, thereby potentially reducing the occasions on which a premises review and the imposition of licence conditions is required.

In some circumstances, it may be appropriate for the Licensing Authority to offer a licence holder the opportunity to volunteer specific conditions that could be attached to the premises licence. Where this is appropriate, the Licensing Authority will liaise with the licence holder directly.

The Social Responsibility Code (LCCP 10.1.1) requires an operator to consider the Licensing Authority’s Statement of Policy, wherein the Licensing Authority will set out the matters it will expect an operator to take in to account when considering their own risk assessment. The Licensing Authority expects, though it is not a mandatory requirement, that operators consider the following matters:

Information held by the licence holder regarding self-exclusions and incidences of underage gambling,
Arrangement for localised exchange of information regarding self-exclusions and gaming trends.
Proximity to schools, commercial environments or other factors affecting footfall
Range of facilities in proximity to the licensed premises, such as other gambling outlets, banks, post offices, refreshment and entertainment type facilities
Potential for money laundering.

Matters relating to vulnerable adults, including:

Information held by the licence holder regarding self-exclusions
Gambling trends that may mirror days for financial payments such as pay days or benefit payments
Arrangement for localised exchange of information regarding self-exclusions and gaming trends.
Proximity of premises which may be frequented by vulnerable people, such as hospitals, residential care homes, medical facilities, doctor’s surgeries, Council housing offices, addiction clinics or help centres, places where alcohol or drug dependant people may congregate, etc.

Other issues that may be considered could include:

Proximity of premises which may be frequented by large numbers of people including sports stadiums, leisure centres, places of worship.
Staffing levels at different times of the year (e.g., the peak summer school holidays).
This list is not exhaustive and other factors not in this list that are identified must be taken into consideration. The Risk Assessment must be kept on the premises to which it relates and available for inspection by an authorised officer of the Licensing Authority or Gambling Commission.

Significant changes in local circumstances:

The following lists set out some examples of what the Licensing Authority considers to be significant changes in local circumstances requiring a review of the Local Area Risk Assessment. The list is not exhaustive, and each premises will be considered on its own merits. Operators must consider whether any change in the locality of their premises is one that may be considered significant.
The local area is classified or declassified by the Licensing Authority as being an area of heightened risk within its Local Area Profile.
Any substantial building development or conversion of existing premises in the local area which may increase or decrease the number of visitors. For example, where premises are converted to a local supermarket, or a new office building is constructed nearby.
Any new pay day loan establishment or pawn brokers open in the local area.
Relevant changes are made to the provision, location and/or timings of public transport in the local area, such as a bus stop which is used by children to attend school is moved to a location in proximity to gambling premises.
Educational facilities increase in the local area. This may occur because of the construction of a new school/college or where a significant change is made to an existing establishment.
The local area is identified as a crime hotspot by the police and/or Licensing Authority.
Any vulnerable group is identified by the Licensing Authority or venues relating to those vulnerable groups are opened in proximity to gambling premises e.g., additional homeless hostels or gambling or mental health care/support facilities in the local area.
A new gambling premises opens in the local area.
Operators must consider what is happening within their premises and it is their responsibility to identify significant changes which may require a review and possible amendment to their risk assessment. A significant change can be temporary, and any temporary changes should be considered, and adjustments made to the risk assessment if necessary.

Unlicensed Family Entertainment Centres (UFEC) are not required to undertake a Local Area Risk Assessment unless the UFEC is situated adjacent to an Adult Gaming Centre and therefore the Licensing Authority will expect the UFEC activities to be taken into account.

The Authority will expect applicants to have regard to the Local Area Profile (LAP) which will assist in identification of local gambling risks.

18 Local Area Profile

The Licensing Authority has produced a profile of the areas within the Authority which will assess the local environment and identify local concerns and risks. This will be available from January 2022.

The profile will take account of a wide range of factors, data and information held by the Licensing Authority and its partners. Responsible authorities and other relevant organisations will be invited to take part in the preparation of the profile. The profile will enable operators to clearly identify the risks and concerns in the community when completing their risk assessment.

The Local Area Profile is a separate document to this Statement of Principles and will be made publicly available. It will be reviewed and amended as and when required taking into account changes in the local area.

19 Licence Conditions

Any additional conditions attached to licences will only be imposed where there is evidence of a risk to the Licensing Objectives and will be:

Relevant to the need to make the proposed building suitable as a gambling facility.
Directly related to the premises (including the locality and any identified local risks) and the type of licence applied for.
Fair and proportionate, related to the scale and type of premises.
Reasonable in all other respects.

Decisions upon individual conditions will be made on a case-by-case basis, although there are a number of control measures that the Licensing Authority can utilise, such as the use of supervisors or the use of appropriate signage for adult only areas. The Licensing Authority will also expect the applicant to identify local risks and control measures ensuring their operations are consistent with the Licensing Objectives. For example, local issues associated with a high crime rate may put a premises at risk of not being consistent with the Licensing Objectives, and specific conditions may be necessary to address the risk.

The Licensing Authority may require additional control measures in respect of buildings which are the subject of multiple premises licence applications, in order to ensure the operation of the premises in question is consistent with the Licensing Objectives. Such requirements may relate to the supervision of entrances, the segregation of gambling areas from non-gambling areas which may be frequented by children and the supervision of gaming machines in non-adult gambling specific premises.

The Licensing Authority will have regard to any guidance issued by the Gambling Commission in determining any such additional measures.

Where there are risks associated with a specific premises or class of premises, the Licensing Authority may consider it necessary to attach specific conditions to the licence to address those risks, taking account of the local circumstances.

The Licensing Authority will ensure that, where category A to C machines are made available on premises to which children have access that:

All such machines are located in an area of the premises that is separated from the remainder of the premises by a physical barrier and which is effective to prevent access, other than through a designated entrance.
Only adults have access to the area where these machines are located.
Access to the area where the machines are located is adequately supervised.
The area where these machines are located is arranged so that it can be observed by the staff or the licence holder.
At the entrance to and inside any such areas notices are prominently displayed, indicating that access to the area is prohibited to persons under 18 years of age.

Tracks may be subject to one or more premises licences, provided each licence relates to a specified area of the track. In discharging its functions in relation to tracks, the Licensing Authority will consider the impact upon the Licensing objective that refers to the ‘protection of children’. The Licensing Authority will specifically require that the entrances to each part of a premises are distinct and that children are effectively excluded from gambling areas to which entry is not permitted.

Applicants are encouraged to consult the Licensing Authority prior to submitting an application so that the Authority may offer guidance in respect of the premises’ intended operation, premises layout, geographical area to which the premises is located etc.

20 Buildings divided into more than one premises

Part 7, paragraph 7.5 of the Gambling Commissions Guidance states that “there is no reason in principle why a single building could not 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”. Examples are given of multiple unit premises, such as pleasure parks, tracks, or shopping malls. It is also possible for licensed premises to be located next to each other, as long as there are no restrictions regarding direct access between these premises imposed on that category of gambling premises from its mandatory conditions. The Licensing Authority will follow this guidance.

It will be for the Licensing Authority to determine whether premises are genuinely separate, and not artificially created from that which is readily identifiable as a single premises. Prior to making an application, applicants are encouraged to discuss with the Licensing Authority their premises layout and intended applications.

In considering whether different areas of a building are genuinely separate premises, the Licensing Authority will take into account factors which may include whether there are separate registrations for business rates in place for the premises, whether the premises are owned or operated by the same person, and whether the premises are operated independently of each other.

21 Access to Premises

The Gambling Act 2005 (Mandatory and Default Conditions) Regulations 2007 restrict access to different types of licensed gambling premises. In considering proposals to divide a building into different premises, the Licensing Authority will have to be satisfied that proposals to divide buildings are compatible with the mandatory conditions which relate to access between premises.

The Gambling Commission Guidance at paragraph 7.22 states “There is no definition of ‘direct access’ in the Act or Regulations, but Licensing authorities may consider that there should be an area separating the premises concerned, for example a street or café, which the public go to for purposes other than gambling, for there to be no direct access.”

In particular, where premises are not accessed from the street, the Licensing Authority has sought to define the nature of the area which must separate licensed premises and through which the premises are accessed, so as to prevent direct access between premises in order to comply with the provisions of the Act and Regulations.

The Licensing Authority does not consider that provisions which prohibit direct access between licensed premises are satisfied where licensed premises are separated by an area created artificially within a building principally for members of the public attending the licensed premises, irrespective of whether this area is unlicensed or provides non-gambling facilities, for example refreshments or ATMs.

Where the Licensing Authority is satisfied that a building can be divided into separate premises and properly satisfy the statutory provisions, the Licensing Authority will expect applicants to ensure that:

Premises are configured so that children are not invited to participate in, have accidental access to, or closely observe gambling to which they are prohibited from taking part,
Entrances to and exits from parts of a building covered by one or more premises licences should be separate and identifiable so that the separation of different premises is not compromised, and people do not ‘drift’ into a gambling area. In this context it should be possible to access the premises without going through another licensed premises or premises with a permit.
Customers must be able to participate in the activity named on the premises licence.
This is not an exhaustive list, and the Licensing Authority will consider other aspects based on the merits of the application.

Applications to place two licensed premises in one premises with an unlicensed area separating them, (see figure 1) will not meet this Policy because of the artificial nature of the premises, access, and likely use issues which will arise.

Figure 1

It is possible to have an unlicensed foyer area which separates one licensed premises from another if the foyer is accessed from the street, see Figure 2. The Licensing Authority would expect as a minimum that the area should be used for non-gaming purposes such an information point, a coffee shop or similar but must not contain any gambling information or literature promoting gambling activities. The size of the unlicensed area is matter for each application, but the Licensing Authority will not consider this configuration if the foyer is not of sufficient size to be a useable space.

Figure 2

It may also be acceptable if a premises is separated by another non-licensed premises that has access to both licensed premises from it. An example of this could be in the form of a coffee shop which has a main entrance to the street. The coffee shop may have access to an Adult Gaming Centre on one side and an entrance Family Entertainment Centre on the other side, see figure 3. Where a member of the public not using the gambling premises is likely to use the coffee shop it may be considered that there is no direct access between the two licensed premises.

Figure 3

The provisions of this Statement of Principles 2022-2025 come into force on 30 January 2022. From this date, any new application for any type of Gambling Premises Licence, will be expected to fully comply with the terms and conditions as set out above. Existing licensed premises may continue to operate under the terms that have been granted by virtue of the licence that they currently hold, provided that the Licensing Objectives continue to be fully promoted at all times. Any application to vary however, will be subject to the full terms as outlined above.

22 Material amendments to the premises

The Authority will have regard to the principles as set out in s.153 of the Act in determining variation applications. However, applications will be careful scrutinised to ensure the Licensing Objectives are not undermined.

Facilities for gambling must only be offered in a manner which provides for appropriate supervision of those facilities by staff at all times. For example, the installation of any screening would require a variation application including an updated Local Area Risk Assessment to evidence that any risks presented have been recognised and mitigated.

23 Adult Gaming Centres

In respect of adult gaming centres, the Licensing Authority will have specific regard to the Licensing objective which seeks to protect children and vulnerable persons from being harmed or exploited by gambling. The applicant will be expected to satisfy the Licensing Authority that there will be sufficient measures and procedures in place, to ensure that persons under 18 years of age do not have access to the premises.

The Licensing Authority will expect applicants to offer their own measures and must be included in the Local Area Risk Assessment to meet the Licensing Objectives; however appropriate measures and/or licence conditions may cover issues such as: (this list is indicative only and is not exhaustive)

Proof of age schemes.
Closed Circuit Television Systems, (CCTV).
Supervision of entrances and machine areas.
Physical separation of areas.
Location of entry.
Appropriate notices and signage.
Specific opening hours.
Self-exclusion schemes and the display of information regarding self-exclusion
Provision of information leaflets and helpline numbers for organisations such as ‘Gamcare’
Identify local risks, such as proximity to schools or in an area with a high crime rate.

24 (Licensed) Family Entertainment Centres

In respect of (Licensed) Family Entertainment Centres, (FEC’s), the Licensing Authority will have specific regard to the Licensing objective which seeks to protect children and vulnerable persons from being harmed or exploited by gambling. The applicant will be expected to satisfy the Licensing Authority that there will be sufficient measures and procedures in place, to ensure that persons under 18 years of age do not have access to the ‘adult only’ gaming machine areas on the premises.

Proof of age schemes.
Closed Circuit Television Systems, (CCTV).
Supervision of entrances and machine areas.
Physical separation of areas.
Location of entry.
Appropriate notices and signage.
Specific opening hours.
Self-exclusion schemes.
Measures/training for staff on how to deal with suspected truant school children on the premises
Provision of information leaflets and helpline numbers for organisations such as Gamcare.
Identify local risks, such as proximity to schools or in an area with a high crime rate.

In determining an application for a licensed family entertainment centre, the Licensing Authority will have regard to any guidance issued by the Gambling Commission and any mandatory or default conditions deemed to have a positive effect. The Licensing Authority will have particular regard to any guidance or direction on how the separation and/or delineation of the ‘adult only’ machine areas of the premises should be achieved. Please refer to Sections 20 and 21 of this Statement of Principles for more information regarding separation of premises and/or consult the Licensing Authority for guidance in this regard.

25 Small Casino Premises Licence Overview

On 15 May 2008, the Categories of Casino Regulations 2008 and the Gambling (Geographical Distribution of Large and Small Casino Premises Licences) Order 2008 were approved. This specified which Licensing Authorities could issue Large and Small Casino Licences. Torbay Council was one of the authorities authorised to issue a Small Casino Premises Licence.

Section 166(1) of the Act states that a Licensing Authority may resolve not to issue a premises licence. A decision to pass such a resolution will be taken by the Authority as a whole and will not be delegated to the Licensing Committee (a resolution not to issue casino premises licences will only affect new casinos). In passing such a resolution the Authority may take into account any principle or matter, not just the Licensing Objectives. The Authority may revoke the resolution by passing a counter resolution.

At the time a counter resolution is passed, the principles set out in Appendix 2 will be applied.

26 Bingo Premises Licence

The Licensing Authority considers that if persons under 18 years of age are allowed to enter premises licensed for bingo, it is important that they do not participate in gambling, other than on category D machines. Where category C or above machines are available on premises to which persons under 18 years of age have access, the Licensing Authority will require that:

All such machines are located in an area of the premises 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 the machines are located.
Access to the area where the machines are located is adequately supervised.
The area where the machines are located is arranged so that it can be observed by staff of the operator or the licence holder.
At the entrance to and inside any such area there are notices prominently displayed, indicating that access to the area is prohibited to persons under 18.
No under 18s may play bingo on this premises’ must be displayed at each entrance to the bingo premises.

Proof of age schemes.
Closed Circuit Television Systems, (CCTV).
Supervision of entrances and machine areas.
Physical separation of areas.
Location of entry.
Appropriate notices and signage.
Specific opening hours.
Self-exclusion schemes.
Measures/training for staff on how to deal with suspected truant school children on the premises.
Provision of information leaflets and helpline numbers for organisations such as Gamcare
Identify local risks, such as proximity to schools or in an area high crime rate.

In determining any application for a Bingo Premises Licence, the Licensing Authority will have regard to any guidance issued by the Gambling Commission with regard to the suitability and general layout of Bingo Premises. In particular, the Licensing Authority will have regard to Social Responsibility Code 9, which requires that gaming machines are only made available in combination with the named non-remote activity of the operating licence. The Code states: “So, unless a bingo operator offers substantive facilities for non-remote bingo it should not make gaming machines available for use on the premises in question. To contain the unavoidable risk to the licensing objectives associated with gaming machines, premises which offer machines must be appropriately supervised.”

27 Betting Premises Licence

The Licensing Authority is responsible for the issue of premises licences for all betting establishments, including casinos, bookmaker’s offices and tracks. It is illegal for persons under 18 years of age to enter upon licensed betting premises and bet, but they may gain entry to tracks.

A betting premises licence gives the holder the entitlement to up to 4 Category B2 machines. The Licensing Authority may only limit the number of permitted gaming machines where it relates to an alcohol-licensed premises which holds a gaming machine permit. in such cases, the Licensing Authority will have regard to the following:

The size of the premises.
The number of counter positions available for person-to-person transactions.
The ability of staff to monitor the use of the machines by persons under 18 years of age or vulnerable persons.

The Licensing Authority expects applicants to offer their own measures and must be included in the Local Area Risk Assessment to meet the Licensing Objectives; however appropriate measures and/or licence conditions may cover issues such as: (this list is indicative only and is not exhaustive)

Proof of age schemes.
Closed Circuit Television Systems, (CCTV).
Supervision of entrances and machine areas
Physical separation of areas.
Location of entry.
Appropriate notices and signage.
Specific opening hours.
Self-exclusion schemes.
Measures / training for staff on how to deal with suspected truant school children on the premises
Provision of information leaflets and helpline numbers for organisations such as Gamcare.
Identify local risks, such as proximity to schools or in an area with a high crime rate.

In determining any application for a Betting Premises Licence, the Licensing Authority will have regard to any guidance or codes of practice issued by the Gambling Commission concerning primary gambling activity, as well as any subsequent case law.

The Licensing Authority will require a full premises licence variation application when premises are intending to apply screening and/or a booth to any category of gaming machines.

28 Track Premises Licence

General

Tracks are sites, (including horse racecourses and dog tracks), where races or other sporting events take place. Betting is a primary gambling activity on tracks, both in the form of pool betting, (often known as the ‘Totalisator’ or ‘Tote’), and also general betting, often known as ‘Fixed-Odds’ betting. In discharging its functions with regard to Track Betting Licences, the Licensing Authority will have regard to any guidance issued by the Gambling Commission in that respect.

There is no special class of betting premises licence for a track, but the Act does contain rules which apply specifically to a ‘Premises Licence’ granted in respect of a track.

Applicants for a Premises Licence made in relation to a track will not be required to hold an Operating Licence issued by the Gambling Commission, unless the applicant intends to offer pool betting or general betting facilities himself/herself; in which case an Operating Licence will be required.

The betting that is provided upon the track will not generally be provided by the applicant but will be provided by other operators who attend the track to provide betting facilities. These ‘On-Course Operators’ will require the necessary operating licences; therefore, the Act allows the track operator to obtain a Premises Licence without the requirement to hold an Operating Licence. This ‘Track Premises Licence’ then authorises anyone upon the premises to offer betting facilities, provided they already hold a valid Operator’s Licence.

The Licensing Authority is aware that tracks are different from other premises in that there may be more than one premises licence in effect, each covering a specified area of the track. The Licensing Authority will especially consider the impact of the Licensing objective of the protection of children and vulnerable persons with regard to this category of licence. specific considerations in this respect may include:

The need to ensure entrances to each type of premises are distinct.
That children are excluded from gambling or betting areas that they are not permitted to enter.

The Licensing Authority will expect the premises licence applicant(s) to demonstrate suitable measures to ensure that children do not have access to adult only gaming facilities.

Children are legally permitted to enter track areas where facilities for betting are provided on days when dog-racing and/or horse racing takes place, although they are still prevented from entering areas where gaming machines, (other than category D machines), are provided.

Appropriate measures and/or licence conditions which may be applied to a track premises licence by the Licensing Authority, in order to promote the Licensing Objectives, (particularly the objective with regard to children and vulnerable persons), may include:

(This list is indicative; it is not mandatory or exhaustive)

Proof of age schemes.
Door supervisors.
Supervision of entrances/machine areas.
Physical separation of areas.
Location of entry.
Notices/signage.
Specific opening hours.
Self-barring schemes.
Provision of information leaflets/helpline numbers for organisations such as Gamcare.
Identify local risks, such as proximity to schools or in an area with a high crime rate.

Gaming Machines at Tracks

Applicants for Track Premises Licences will need to demonstrate within their applications, that where the applicant holds a ‘Pool Betting Operating Licence’ and is going to use his entitlement to four gaming machines, these machines are located in areas from which children are excluded and that such areas are suitably operated.

Betting Machines at Tracks

The Licensing Authority has an express power under the Act, to restrict the number of betting machines, their nature and the circumstances in which they are made available, by attaching licence conditions to a betting premises licence.

The potential space available for betting machines at a track may be considerable, bringing with it significant problems in relation to:

The proliferation of such machines.
The ability of track staff to supervise the machines if they are dispersed around the track.
The ability of the track operator to comply with the law and prevent children betting on the machines.

In considering whether or not it is appropriate to restrict the number of betting machines made available at a track, by way of licence condition, the Licensing Authority will have regard to the following:

The size of the premises.
The ability of staff to monitor the use of the machines by children or by vulnerable people.
The number, nature, location and circumstances of the betting machines that an operator intends to make available for use.

Conditions on Rules being Displayed at Tracks

The Licensing Authority will attach a condition to Track Premises Licence requiring the track operator to ensure that the rules are prominently displayed in or near the betting areas or made available to the public by some other means, such as being included in the race-card or issued as a leaflet.

Applications and Plans for Tracks

The following information should be submitted with the application:

Detailed plans for the track and the area that will be used for temporary “on-course” betting facilities (often known as the “Betting Ring”).
In the case of dog tracks, horse racecourses, fixed and mobile pool betting facilities, (whether operated by the tote or the track operator), and any other proposed gambling facilities; the plans should make clear what is being sought for authorisation under the Track Betting Premises Licence.
Details of any other areas of the track, which may be the subject of a separate application, for a different type of premises licence.

Self-Contained Premises on Tracks

The Licensing Authority will generally require that all ‘self-contained premises’ operated by off-course betting operators on track, be the subject of a separate Premises Licence. This will ensure that there is clarity between the respective responsibilities of the track operator and the off-course betting operator running a self-contained unit on the track premises.

29 Travelling Fairs

Travelling fairs do not require any permit to provide gaming machines but must comply with the legal requirements as to the way the machines operate. They may provide an unlimited number of Category D gaming machines, provided that the facilities for gambling amount to no more than an ancillary amusement at the fair.

A given area of land may, by statute, only be used on 27 days per calendar year for the purposes of accommodating a fair. The statutory maximum of 27 days calendar use applies to the land on which the fairs are held, and that use is cumulative, regardless of whether it is the same fair or a procession of different travelling fairs.

The Licensing Authority will monitor fairs, (whether travelling or otherwise), which provide category D gaming machines within Torbay, to ensure that the provision of gambling is ancillary to the amusement provided at the fair and to ensure that the statutory limits upon the annual use of the land, are not exceeded.

The Licensing Authority will work with its neighbouring Licensing Authorities to ensure that any inter-authority sites which may be used for the provision of fairs, are appropriately monitored to ensure due compliance with statutory requirements.

30 Reviews

An ‘Interested Party’ or a ‘Responsible Authority’ can make an application to the Licensing Authority at any time, requesting that the Licensing Authority review a licence that it has granted; the Licensing Authority may also initiate a review of a licence itself.

The list of Responsible Authorities can be viewed at torbay.gov.uk.

Interested Parties are defined at Section 5 of this ‘Statement of Principles’.

Should the Licensing Authority receive an application requesting the review of a licence, the Licensing Authority will make a determination as to whether or not the review is to be carried out. In making this determination the Licensing Authority will consider whether the request for the review is relevant to the matters listed below:

In accordance with any relevant Code of Practice issued by the Gambling Commission.
In accordance with any relevant guidance issued by the Gambling Commission.
Consistent with the Licensing Objectives.
In accordance with Torbay Council’s ‘Statement of Principles’.

The Licensing Authority will also make a determination as to whether or not the application for the licence review is made on relevant grounds; the following are examples of grounds which may be considered by the Licensing Authority, to be irrelevant, (this list is indicative and is not exhaustive):

Representations which do not raise an issue relevant to the principles to be applied in accordance with Section 153 of the Act.
Representations that are inconsistent with any guidance or codes of practice issued by the Gambling Commission, or with this ‘Statement of Principles’.
Representations which relate to an objection to gambling activity generally; for instance on moral grounds.
Representations in relation to the demand or unmet demand for Gambling Premises.
Representations in relation to planning matters.
Public Safety Issues.
Traffic Congestion issues.

The Licensing Authority will not initiate a licence review if it considers that the grounds upon which the review is being sought are:

Frivolous
Vexatious
Substantially the same as representations made at the time that the application for a premises licence was considered; the Licensing Authority will not normally review a licence to revisit issues which were considered at the time of the grant, unless there is evidence which justifies such reconsideration.
Substantially the same as the grounds cited in a previous application for review, relating to the same premises, and a sufficient or reasonable period of time has not elapsed since that previous application was made.
Insignificant; to such an extent, that it would be wholly unreasonable for the Licensing Authority to revoke or suspend the licence; or to remove, amend or attach conditions to the licence, on the basis of such representation.

Should the Licensing Authority determine that an application for a licence review, (which has been duly submitted by an ‘Interested Party’ or a ‘Responsible Authority’), is valid or should the Licensing Authority decide to initiate a licence review of its own volition; then that licence review will be undertaken and progressed to conclusion, in accordance with the requirements of the Act, any guidance or codes of practice issued by the Gambling Commission and this ‘Statement of Principles’.

Part C – Permits and Temporary and Occasional Use Notices

31 Unlicensed Family Entertainment Centre (UFEC)

Unlicensed Family Entertainment Centres (UFEC’s), are premises commonly located at seaside resorts, on piers, at airports or at motorway service stations. These establishments cater for families, including unaccompanied children and young persons and, subject to the grant of a permit from the Licensing Authority, operators can provide an unlimited number of Category D gaming machines, upon the premises.

Where a premises does not have the benefit of a premises licence issued under the Act, but the applicant wishes to provide Category D gaming machines; an application may be made to the Licensing Authority for an unlicensed family entertainment centre permit. The applicant must satisfy the Licensing Authority that the premises will, in accordance with Section 238 of the Act, be ‘wholly or mainly’ used for making gaming machines available for use.

The Licensing Authority will require as part of the application form, a plan to scale, clearly defining the area covered by the UFEC and including the layout of machines. UFEC permits will only be granted for areas which complies with section 238 of the Gambling Act in that the area specified is wholly or mainly used for making gaming machines available for use. As such it is not permissible for permits to be granted to entire complexes such as leisure centres, shopping centres and motorway service areas or similar.

The Licensing Authority will issue permits for unlicensed family entertainment centres in accordance with the following principles:

The Licensing Objectives.
Any relevant regulations or codes of practice.
Any guidance issued by the Gambling Commission.
The principles set out in this ‘Statement of Principles’.

The Licensing Authority will only grant a permit if satisfied that the premises will be used as a UFEC and that Devon and Cornwall Police has been consulted in relation to the application; applicants will also be required to demonstrate to the Licensing Authority:

That the applicant has a full understanding of the maximum stakes and prizes of the gambling that is permissible in an unlicensed family entertainment centre.
That staff are suitably trained and have a full understanding of the maximum stakes and prizes permissible in an unlicensed family entertainment centre.
That the applicant has no convictions, which may have been identified as ‘relevant convictions’, for the purposes of the Act.

The Licensing Authority will expect the applicant to show that they have 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.

Such measures may include:

Enhanced criminal record checks for staff.
Appropriate measures/training for staff as regards suspected truant school children on the premises.
Appropriate measures/training for staff as regards unsupervised very young children being on the premises and children causing perceived problems on/or around the premises.

The Licensing Authority can grant or refuse an application for an unlicensed family entertainment centre permit; however, it cannot attach conditions to a permit.

The Licensing Authority encourages applicants for UFEC Permits to consider adopting the British Amusement Catering Trade Association (BACTA) voluntary Code of Practice for Amusement with Prizes Machines in Family Entertainment Centres, which now includes no access to Category D reel machines for those aged under 18 years. This Code of Practice promotes awareness of social responsibility and acknowledges that proactive specific and appropriate commitment will be given to educating children and young persons, thereby minimising the potential for harm.

32 Alcohol Licensed Premises – Gaming Machine Permits

There is an automatic entitlement to provide a maximum of 2 Category C and/or D gaming machines, on premises that are licensed under the Licensing Act 2003, for the sale and consumption of alcohol on the premises. Subject only to the proviso, that the premises licence holder must serve notice of intention upon the Licensing Authority in respect of those machines.

The Licensing Authority can remove the ‘Licensing Act 2003 Automatic Entitlement’ in respect of any particular premises if:

The provision of the machines is not reasonably consistent with the pursuit of the Licensing Objectives.
The Licence Holder has breached the requirements of the Act.
An offence under the Act has been committed on the premises.
The premises are mainly used for gaming.

The premises must comply with the Code of Practice for gaming machines in clubs and premises with an alcohol licence issued by the Gambling Commission.

All gaming machines situated on the premises must be located in a place within the premises so that their use can be supervised, either by staff whose duties include such supervision (including bar or floor staff) or by other means.

The provision of gaming machines, on premises licensed for the sale and consumption of alcohol, in excess of the automatic two machine entitlement, can only be authorised by way of a permit issued by the Licensing Authority.

In considering any application for a permit to authorise the provision of more than two machines, on premises licensed under the Licensing Act 2003, for the sale and consumption of alcohol; the Licensing Authority will have regard to the following:

The requirements of the Act.
The Licensing Objectives.
Any guidance issued by the Gambling Commission.
Any Code of Practice issued by the Gambling Commission.
The principles within this ‘Statement of Principles’.
Any other matters that the Licensing Authority considers relevant.

The matters that the Licensing Authority considers relevant in reference to the last bullet point above, will include but are not exclusive to:

Any representation it considers relevant by The Police and the Children’s Safeguarding Board.
Any relevant policies e.g., child protection from the applicant.
The percentage of gross turnover the gaming machines contribute to total gross turnover of the premises and this should not be significant.
The confidence the Licensing Authority has in the management of the premises.

In granting a permit the Licensing Authority can prescribe a different number of machines to that which was applied for and can prescribe the particular category of machine(s) that may be permitted; however, the Licensing Authority cannot attach conditions to a permit.

Applications for permits under this section cannot be made in respect of unlicensed non-alcohol areas of, (Licensing Act 2003), licensed premises. Such areas would need to be considered under the provisions relating to ‘Family Entertainment Centres’ or ‘Adult Gaming Centres’.

33 Prize Gaming Permits – Statement of Principles on Permits

In considering any application for a prize gaming permit the Licensing Authority will have regard to the following:

The type of gaming that the applicant is intending to provide.
The requirements of the Act.
The Licensing Objectives.
Any guidance issued by the Gambling Commission.
Any statutory and mandatory conditions.

The principles within this ‘Statement of Principles’.

The Licensing Authority will expect the applicant to demonstrate that they understand the limits applicable to ‘stakes and prizes’ that are set out in Regulations; and that they are able to understand and ensure that the gaming to be provided is within the law.

There are statutory and mandatory conditions in the Act which the permit holder must comply with, and the Licensing Authority cannot impose any additional conditions to the grant of a permit. 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 monetary prize), or the prescribed value, (if non-monetary prize).
Participation in the gaming must not entitle the player to take part in any other gambling.

34 Club Gaming Permits and Club Machine Permits

The Act creates a separate regime for gaming in ‘club’ premises from that in other relevant alcohol licensed premises. It defines two types of clubs for the purposes of gaming:

Members’ club (including miners’ welfare institutes)
Commercial club.

A Members Club may apply for a ‘Club Gaming Permit’ or a ‘Club Machine Permit’. Whereas a Commercial Club, may only apply for a ‘Club Machine Permit’ and may not provide Category B3A machines.

The grant of a ‘Club Gaming Permit’ by the Licensing Authority will enable the premises to provide gaming machines of the type and number set out on the Gambling Commission’s website and equal chance gaming and games of chance as set out in regulations.

The grant of a ‘Club Machine Permit’ by the Licensing Authority will enable the premises to provide gaming machines of the type and number set out on the Gambling Commission’s website.

NOTE: This maximum entitlement of three machines will include any machines provided by virtue of the Licensing Act 2003 entitlement; it is not in addition to that entitlement.

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. This may cover bridge and whist clubs, which replicates the position under the Gaming Act 1968. A ‘Members’ Club’ must be permanent in nature, not established to make commercial profit, and controlled by its members in equal part. Examples would include ‘Working Men’s Clubs’, branches of the ‘Royal British Legion’ and clubs with political affiliations.

The Licensing Authority may only refuse an application for a ‘Club Gaming Permit’ or a ‘Club Machine Permit’ on the grounds that:

The applicant does not fulfil the statutory requirements for a member’s club, a commercial club or a miner’s club, welfare institute; and therefore, is not entitled to receive the type of permit for which it has applied.
The applicant’s premises are used wholly or mainly by children and/or young persons.
An offence under the Act or a breach of a permit has been committed by the applicant while providing gaming facilities.
A permit held by the applicant has been cancelled in the previous ten years.
An objection to the grant of a permit has been lodged by the Gambling Commission or the Police.

The Licensing Authority is aware that there is a fast-track procedure for the issue of a permit to premises which hold a club premises certificate granted under the Licensing Act 2003. Under this fast-track procedure there is no opportunity for objections to be made by the Gambling Commission or the Police.

The ‘fast track’ process afforded to an applicant under the Licensing Act 2003 does not provide any statutory right to the issue of a permit and the Licensing Authority may resolve to refuse the grant of a ‘fast track’ application on the following grounds:

That the club is established primarily for gaming, other than gaming prescribed under Schedule 12 of the Act, that section relating to ‘Club Gaming Permits’ and ‘Club Machine Permits’.
That in addition to the prescribed gaming to be provided under the permit, the applicant provides facilities for other gaming on the same premises.
That a club gaming permit or club machine permit issued to the applicant in the last ten years has been cancelled.

No child shall be permitted to use a Category B or C gaming machines on the premises and that the holder of the Premises Licence must comply with any code of practice relevant to the location and operation of gaming machines.

35 Temporary Use Notices

There are a number of statutory limits as regards temporary use notices. The limits are set out in the Act as:

A set of premises may not be the subject of temporary use notification for more than 21 days in a period of 12 months.
A set of premises may be the subject of more than one temporary use notice in a period of 12 months; provided that the aggregate of the periods for which the notices have effect does not exceed 21 days.

The Licensing Authority notes that a Temporary Use Notice can only be used to offer gambling of a form authorised by the operator’s Operator Licence and will give consideration to whether the form of gambling offered on the premises will be remote, non-remote, or both.

The purposes for which a temporary use notice may be used are restricted by regulations, to the provision of facilities for equal chance gaming only, which must be provided by means other than ‘machine gaming’.

‘Equal Chance Gaming’ is gaming where the participants are taking part in a gambling competition which is intended to produce a single, overall winner. An example of this would be a poker competition.

In considering whether to object to a temporary use notice the Licensing Authority will have particular regard to this Statement of Principles, and any guidance issued by the Gambling Commission, with regard to the nature and definition of a ‘premises’ or a ‘place’. Should the Licensing Authority consider that ‘Temporary Use Notices’ are being employed at premises (or for discreet parts of premises), to the extent where ‘regular gambling’ is thereby being provided within a given building or at a given place; then the Licensing Authority may object to the notice(s).

36 Occasional Use Notices

With regard to ‘Occasional Use Notices’ (OUN’s), the Licensing Authority will ensure the following:

That the statutory limit of 8 days in a calendar year is not exceeded.
That the subject premises can reasonable and effectively be defined as a ‘track’
That the applicant is permitted to avail himself/herself of the notice.
Further information on OUN’s may be found on the Gambling Commission website

Part D - Appendices

37 Appendix 1 – Consultation

The Act requires that the following parties are consulted by Torbay Council prior to publication of this ‘Statement of Principles’:

The Chief Officer of Police.
One or more persons who appear to the Licensing Authority to represent the interests of persons carrying on gambling businesses in the Authority’s area.
One or more persons who appear to the Licensing Authority to represent the interests of persons who are likely to be affected by the exercise of the Council’s functions under the Act.

This Statement of Principles is made following consultation with the following:

Residents and businesses of Torbay
Bodies representing existing gambling businesses in Torbay
The Chief Officer of Devon and Cornwall Police
The Chief Officer of Devon and Somerset Fire and Rescue Service
Torbay and South Devon NHS Foundation Trust
Torbay Safeguarding Children’s Partnership
Torbay Council: Planning, Community Safety and Highways Authorities
Safer Communities Torbay
Facilities in Torbay assisting vulnerable persons
Faith groups; via Torbay Interfaith Forum and the Street Pastors
Brixham Town Council
English Riviera BID
Torbay Development Agency

In determining this Statement of Principles, the Licensing Authority undertook to give appropriate weight to the views of those it consulted. In determining what weight to give to a particular representation, the factors taken into account included:

Who made the representation; (what is their expertise or interest?)
What was the motive for their representation?
How many other people have expressed the same or similar views?
How far the representation related to matters that The Licensing Authority should be including in its Statement of Principles.

Torbay Council has designated the Torbay Safeguarding Children’s Partnership, as the ‘Competent Body’ to advise the Council, with regard to the Licensing objective that protects children from being harmed or exploited by gambling.

38 Appendix 2 - Small Casino Licence

The Act provided for an increase in the number of casino premises permitted to operate in the United Kingdom and established that two new types of casino should be permitted: eight large and eight small casinos. The Secretary of State for Culture, Media and Sport was given the Authority under the Act to determine which Licensing authorities should be permitted to grant new casino premises licences.

The Secretary of State established a ‘Casino Advisory Panel’ to recommend the most appropriate areas of the UK in which to site the 16 new casino premises and invited interested Local Authorities to submit proposals to the Panel; Torbay Council submitted a proposal to the panel in response to this invitation.

On 15^th May 2008, the ‘Categories of Casino Regulation 2008’ and the ‘Gambling (Geographical Distribution of Large and Small Casino Premises Licences) Order 2008’ were approved. The Order specified which Licensing Authorities could issue premises licences for both large and small casinos; Torbay Council’s Licensing Authority was included in the Order and was authorised to issue one small casino premises licence.

On 26^th February 2008, the Secretary of State for Culture, Media and Sport issued the ‘Code of Practice on Determinations Relating to Large and Small Casinos’ (herein referred to as the Code of Practice). The Licensing Authority must comply with the Code of Practice which states:

The procedure to be followed in making any determinations required under Paragraphs 4 and 5 of Schedule 9 to the Act.

Matters to which the Licensing Authority should have regard in making those determinations.

In summary, the casino licensing process is in two stages. At Stage 1, applications are made for premises licences or provisional statements. Those applications are decided in accordance with section 153 of the Gambling Act 2005, in the same way as any other application and without reference to each other. If more than one applicant is successful at Stage 1, then the process passes to Stage 2.
As to Stage 2, Schedule 9 paragraph 5 to the Act states the following:
“This paragraph applies if a Licensing Authority determine under Paragraph 4 that they would grant a number of competing applications greater than the number which they can grant as a result of section 175 and the Order under it.

The Authority shall then determine which of those applications to grant under section 163(1)(a).

For that purpose the Authority -

- shall determine which of the competing applications would, in the Authority’s opinion, be likely if granted to result in the greatest benefit to the Authority’s area,
- may enter into a written agreement with an applicant, whether as to the provision of services in respect of the Authority’s area or otherwise,
- may determine to attach conditions under section 169 to any licence issued so as to give effect to an agreement entered into under paragraph (b), and
- may have regard to the effect of an agreement entered into under paragraph (b) in making the determination specified in paragraph (a).”

Torbay Council, as the Licensing Authority, is aware that there may be a number of operators who may wish to apply for the small casino premises licence from Torbay Council.

The Licensing Authority will therefore stage a statutory selection process, (the ‘small casino premises licence process’), under Schedule 9 of the Act and will run the selection process in line with ‘The Gambling (Inviting Competing Applications for Large and Small Casino Premises Licences) Regulations 2008’ and the said Code of Practice, issued by the Secretary of State.

In accordance with the above Regulations, Torbay Council’s Licensing Authority will publish an invitation calling for applications for the ‘small casino premises licence’.

Should the Licensing Authority receive more than one application for a small casino premises licence at Stage 1 of the ‘small casino premises licence process’ and should the Licensing Authority determine that it would grant more than one small casino premises licence, then subject to any and all appeals which may have been lodged at Stage 1 of the process being concluded, the Licensing Authority will:

Make a ‘Provisional Decision to Grant’ in respect of those applicants deemed appropriate for the grant of a small casino premises licence.
Implement Stage 2 of the ‘small casino premises licence process’.
Invite those applicants issued with a ‘Provisional Decision to Grant’ at Stage 1 of the ‘small casino licence process’, to participate in Stage 2 of the ‘small casino premises licence process’.

Any ‘Provisional Decision to Grant’ issued to an applicant at Stage 1 of the ‘small casino premises licence process’, shall have no effect and shall not be used for the provision of casino gaming facilities upon the premises to which it relates. The ‘Provisional Decision to Grant’ merely confirms the Licensing Authority’s determination, that the applicant satisfies the statutory requirements for the grant of a small casino premises licence; and afford the applicant the right to participate in Stage 2 of the ‘small casino premises licence process’ for Torbay.

It may be the case that at Stage 1 of the process, only one application may be submitted to the Licensing Authority for a small casino premises licence, or it may be the case that after due consideration of all the applications at Stage 1, the Licensing Authority considers that only one applicant satisfies the statutory requirements, in respect of a premises licence. In that instance, the Licensing Authority will not implement Stage 2 of the ‘small casino Licensing process’ and will, (subject to any and all appeals being concluded), grant a small casino premises licence to the ‘only suitable applicant’ determined under Stage 1 of the process.

If the Licensing Authority does not receive any applications for a small casino premises licence at Stage 1 of the ‘small casino premises licence process’, or should the Licensing Authority resolve to refuse the grant of any applications so made under Stage 1, then subject to any and all appeals being concluded:

Stage 2 of the ‘small casino premises licence process’ will not be implemented, and,
The Licensing Authority may re-publish an invitation calling for applications for a ‘small casino premises licence’.

Small Casino Premises Licence – General Principles

The Licensing Authority recognises that applicants may either apply for a ‘Casino Premises Licence’ or alternatively a ‘Provisional Statement’ in respect of the small casino premises licence.

Unless otherwise specified, any reference to the application and procedures for a ‘Small Casino Premises Licence’ in the ‘Small Casino Premises Licence’ sections of this ‘Statement of Principles’ shall also include the application and procedures for a ’Provisional Statement’ for a small casino premises licence.

In making any decision under Stage 1 or Stage 2 of the ‘small casino premises licence process’, the Licensing Authority will have due regard to this ‘Statement of Principles’, the Act and to any Codes of Practice, Regulations and Guidance which may be issued by:

The Secretary of State.
The Department for Culture, Media and Sport, (DCMS).
The Gambling Commission.

In making any decision in respect of a small casino premises licence application, made under the ‘small casino premises licence process’:

The Licensing Authority shall not take into account whether or not an applicant is likely to be granted planning permission or building regulations approval; and
Any decision taken in relation to the small casino premises licence application, shall not constrain any later decision by The Council, under the law relating to planning or building control; and
Any conditions or agreements attached to any planning consents will normally fall outside of the Licensing process and will normally be disregarded by the Licensing Authority, in determining which applicant will bring the greatest benefit to the area of Torbay.

The Licensing Authority cannot consider unmet demand when considering applications for a small casino premises licence.

Torbay Council does not have a preferred location for the new small casino. Applicants can submit plans for any site or location within Torbay, each of which will be judged on its own individual merits. Applicants, however, should have regard to the proposed location of the premises, with regard to meeting the licensing objective which seeks to protect children and vulnerable persons from being harmed or exploited by gambling.

Where more than one ‘Provisional Decision to Grant’ is issued, the Licensing Authority will implement Stage 2 of the ‘small casino premises licence process’.

The Licensing Authority will ensure that any pre-existing contract, arrangements or other relationship it may have with a company or individual, does not affect the procedure so as to make it unfair (or appear unfair) to any applicant.

Small Casino Premises Licence Application - Stage 1

The ‘small casino premises licence process’ will be started by the Licensing Authority publishing an invitation calling for applicants to submit an application for a small casino premises licence.

An application for a small casino premises licence may be made at any time, however the Licensing Authority will not consider any such application, until a formal invitation to apply has been published and the appointed closing date for the submission of applications has passed. The appointed closing date shall be the final day of the three-month period, duly advertised for Stage 1 applications.

The Licensing Authority will provide an application pack that will include a statement of the procedure and process it proposes to follow, in assessing applications for a small casino premises licence.

All applications for a small casino premises licence will be received through Stage 1 of the ‘small casino premises licence process’. Should the Licensing Authority receive more than one application, then each application will be considered separately and on its own merits, with no reference being made to the other applications received.

At Stage 1 of the ‘small casino premises licence process’ any additional information submitted by an applicant, above that required by the statutory process, will be disregarded and returned to the applicant in accordance with Act and its Regulations. Additional information may be submitted by an applicant participating in Stage 2 of the ‘small casino premises licence process’.

The Licensing Authority recognises that, should there be more than one small casino premises licence applicant, then each applicant is an ‘Interested Party’ in relation to the other, and therefore may make a representation. The term ‘Interested Party’ is defined in Section 5, of this ‘Statement of Principles’ and all representations will be considered carefully to ensure they meet the requirements set out therein.

It is recognised that any decision taken by the Licensing Authority under Stage 1 of the ‘small casino licence application process’ may be the subject of an appeal. The Licensing Authority will not proceed to Stage 2 of the ‘small casino premises licence process’ until any and all appeals, which may have been lodged at Stage 1 of the process, have been concluded.

Where the application at Stage 1 is for a ‘Provisional Statement’, the provisional statement is likely to be granted for a fixed period of 12 months, so that applications for premises licences should follow shortly after the provisional statement.

It is unlikely that the Authority will wish to extend the duration of the provisional statement.

If applicants do not believe they can apply for and be granted a premises licence within 12 months of grant of the provisional statement they should say so in their applications. The risk that they will not obtain a premises licence within that timescale will be taken into account in assessing the likely benefits of the proposal.

If a licence is granted, the Authority is likely to consider applying to revoke it after 12 months pursuant to section 202(3) of the Act, unless construction work has commenced or is imminent at the end of that period.

Small Casino Premises Licence Application - Stage 2

Stage 2 of the ‘small casino premises licence process’ cannot commence until Stage 1 has been completed and all applications have been determined, including the conclusion of any and all appeals.

At Stage 2 of the ‘small casino premises licence process’, each of the second stage applicants will be required to state and demonstrate the greatest benefit they can bring to the local area of Torbay and how this will contribute to the wellbeing of the area.

Where more than one application is received for a small casino premises licence and where more than one application is the subject of a ‘Provisional Decision to Grant’, (in accordance with Section 19.8 at Page 18), the Licensing Authority will give due consideration to all applications. It will grant the available licence to the applicant whose application it considers will be likely if granted to result in the greatest benefit to the area of Torbay.

Any determination made under Stage 2 of the ‘small casino premises licence process’ will be judged on the criteria below, which have been established by the Licensing Authority in consultation with the community of Torbay, under the terms of this Statement of Principle’.

The Licensing Authority may during Stage 2 of the ‘small casino premises licence process’ engage in discussions with each Stage 2 applicant, with a view to the application being refined, supplemented or otherwise altered so as to maximise the benefits to the area of Torbay.

The Licensing Authority will expect a Stage 2 applicant to sign a written agreement with Torbay Council relating to the benefits that the proposed development may bring to the area of Torbay. The Licensing Authority will take any such agreement into account, in determining which application would result in the greatest benefit to the area of Torbay. The Licensing Authority may attach conditions to the small casino premises licence to give effect to this agreement.

The following are the principles which will be used by the Licensing Authority to judge which proposal is likely to result in the greatest benefit to the area of Torbay and therefore, these are the matters to which applicants will be expected to address their Stage 2 application:

An upfront payment on grant.
A percentage of the Gross Gambling Yield including from machines.
An annual sum, to be paid whether the casino has been built or is operational or not.
The likelihood of delivery of such benefits.

In considering the likelihood that such benefits will be delivered, the matters the Licensing Authority will take into account include but are not limited to:

Whether the applicant is the intended operator.
If the applicant does not have an operating licence, the timescale for obtaining one.
Whether or not the proposal has planning permission.
Whether or not the applicant has a legal right to occupy the site.
The committed financing of the proposal.
The timescale for completion and the risks to the timetable.
Whether the Stage 1 application is for a ‘provisional statement’, and whether a premises Licence application will be made with 12 months of the original grant.

Above, the Licensing Authority has set out matters which it will take into account in judging the competing applications at Stage 2 of the ‘small casino premises licence process’. While these matters are likely to receive the greatest weight in the evaluation process, an operator is not debarred from putting forward other benefits which the Licensing Authority will take into consideration and weigh to the extent it considers them relevant.

The Stage 2 applicant will be expected to additionally submit the following:

A clear and detailed Business Plan dealing, amongst other things, with the viability of any submitted proposals.
A signed ‘Development Agreement’ in a form that is acceptable to the Licensing Authority, committing the applicant, (in the event that they are granted a licence), to the entirety of the scheme they have put forward.
A timescale for implementation and completion of the proposed development works, (including any ancillary development), setting out the various stages of construction. This is to enable the Licensing Authority to be kept informed of when the project is likely to be completed and that the applicant is on target for final completion.
Evidence that there will be consultation with Statutory Bodies and Responsible Authorities, to ensure due compliance with any and all Statutory Regulations and Legislation, during the construction of the development; (e.g. health and safety, highway approvals, etc).

In assessing applications made under the ‘small casino premises licence process’ the Licensing Authority will give consideration to the likelihood of a casino actually being developed and additional weight shall be given to its deliverability.

The ‘small casino premises licence process’ will follow the DCMS Code of Practice; however, the Code of Practice leaves individual authorities to determine the detail of their own procedure.

Therefore, (because it is recognised that the Licensing Authority does not necessarily have all the relevant expertise), the Licensing Authority might need to seek advice on an applicant’s proposal from Officers in other relevant Council departments, for example Planning, Highways, Finance, Regeneration and Legal. The Licensing Authority may also need to solicit independent expertise and advice from sources outside of the Council.

For this purpose, the Licensing Authority intends to constitute a non-statutory panel to assist in the evaluation of the Stage 2 application process. This panel shall be called the ‘Advisory Panel’.

It is accepted that only the Licensing Authority will make the final decision on the successful applicant. The function of the Advisory Panel will be to evaluate the applications for the benefit of the Licensing Committee or Sub-Committee. The Advisory Panel will not be a decision-making body and while the Licensing Committee or Sub-Committee will take the Advisory Panel’s evaluations into account, with regard to the ‘small casino premises licence process’, it is not bound to follow them.

Members of the Advisory Panel will comprise of carefully selected, competent and suitably qualified individuals, who are not biased and whose personal interests would not compromise their independence. It will be for the Local Authority to determine the membership of the Advisory Panel.

A schedule detailing the Advisory Panel members and the Panel’s terms of reference will be included in the application pack. The terms of reference will include further details of the functions of the Advisory Panel and the procedures of the evaluation process, in order to ensure fairness and transparency to all applicants.

To ensure that there is fairness and transparency; applicants will be asked if they wish to object to any Member of the Advisory Panel. Should an applicant wish to raise any objection to a Member of the Advisory Panel; then:

A formal objection must be served upon the Local Authority within 10 working days of the applicant requesting an application pack.
The objection must clearly indicate the grounds upon which the objection is being made.
It will be for the Local Authority to determine the validity of any objection and to determine if any member of the Advisory Panel should be replaced on the basis of the objection(s) raised.
The formal procedure to be followed in the event of any objection being raised will be detailed within the ‘application pack’

The strict time constraints detailed above, are to ensure that in the event of an Advisory Panel Member being replaced as a result of an applicants’ objection, all applicants can be given due notice and opportunity to object to any ‘Replacement’ Advisory Panel Member(s); and to prevent the potential frustration of the procedure in the latter stages of the ‘small casino premises licence’ determination process. Objections raised ‘out of time’ will only be considered if the applicant can satisfy the Local Authority, that the objection could not reasonably have been made within the stipulated period for objections).

It is important that the small casino premises licence application includes all documents and paperwork in support of the proposals, (hereinafter referred to as the ‘bid documentation’). Once all the bid documentation has been submitted, the Advisory Panel will carry out a preliminary evaluation of each application. Following the preliminary evaluation, Officers of Torbay Council may liaise with applicants with a view to the application being refined, supplemented or altered so as to maximise the greatest benefit to the Torbay area.

Once the bid documentation is finalised, the Advisory Panel will evaluate each bid. Once assessed, the Advisory Panel’s draft evaluation report on each application will be sent to the applicant, in order to enable the relevant applicant to identify and address any factual errors that may have occurred. Thereafter no additional information may be submitted by the applicant, but any agreed factual errors will be amended.

The unsuccessful applicant(s) will be informed of the result and reasons for rejection as soon as is reasonably practicable.

Gambling Statement of Principles 2022 - 2025

Contents

Part A - Overview

Part B – Premises Licences.

Part C – Permits and Temporary and Occasional Use Notices.

Part D - Appendices.

Part A - Overview

1 Introduction

2 The Licensing Objectives

3 Torbay Council Area Overview

4 Declaration

5 Interested Parties

6 Exchange of Information

7 Enforcement

8 Licensing Authority Functions

Part B – Premises Licences

9 General Principles

10 Guiding Principles

11 Decision Making Process

12 Definition of Premises

13 Provisional Statements – Premises not yet ready for Gambling

14 Premises Location

15 Duplication with other Regulatory Regimes

16 Licensing Objectives

17 Local Area Risk Assessments

18 Local Area Profile

19 Licence Conditions

20 Buildings divided into more than one premises

21 Access to Premises

22 Material amendments to the premises

23 Adult Gaming Centres

24 (Licensed) Family Entertainment Centres

25 Small Casino Premises Licence Overview

26 Bingo Premises Licence

27 Betting Premises Licence

28 Track Premises Licence

General

Gaming Machines at Tracks

Betting Machines at Tracks

Conditions on Rules being Displayed at Tracks

Applications and Plans for Tracks

Self-Contained Premises on Tracks

29 Travelling Fairs

30 Reviews

Part C – Permits and Temporary and Occasional Use Notices

31 Unlicensed Family Entertainment Centre (UFEC)

32 Alcohol Licensed Premises – Gaming Machine Permits

33 Prize Gaming Permits – Statement of Principles on Permits

34 Club Gaming Permits and Club Machine Permits

35 Temporary Use Notices

36 Occasional Use Notices

Part D - Appendices

37 Appendix 1 – Consultation

38 Appendix 2 - Small Casino Licence

Small Casino Premises Licence – General Principles

Small Casino Premises Licence Application - Stage 1

Small Casino Premises Licence Application - Stage 2

Contact Licensing

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