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City of York Council |
Committee Minutes |
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Meeting |
Licensing And Regulatory Committee |
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Date |
9 November 2021 |
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Present |
Councillors Orrell (Chair), Melly (Vice-Chair), Hook, Hunter, Looker, D Myers, Norman, Pearson, Warters, Wann And Wells |
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Apologies |
Councillors Barker, D’Agorne, Galvin And Mason |
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Part A - Matters Dealt with Under Delegated Powers
75. Declarations of Interest
Members were invited to declare any personal interests not included on the Register of Interests, any prejudicial interests, or any disclosable pecuniary interests that they might have in respect of business on the agenda. None were declared.
76. Minutes
Resolved: That the minutes of the meeting held on 10 August 2021 be approved, and signed by the Chair as a correct record, subject to changing Supt. Lindsey Robson to Supt. Lindsey Butterfield in the third paragraph of minute 70.
77. Public Participation
It was reported that there had been one registration to speak at the meeting under the Council’s Public Participation Scheme.
Gwen Swinburn spoke under the general remit of the committee. She requested that there be public consultation on the Council Constitution and expressed concern regarding the remit of the committee in the Constitution. She noted that she could not find the list of licences on the council website and requested that the committee be issued with oversight of all licences. She noted that there was no forward plan on the agenda or Equalities Impact Assessment in the Statement of Licensing Policy Report. She asked that there be public consultation on the Licensing Policy and she suggested that the Constitution should have protocols on consultation.
78. Statement of Licensing Policy report
[See also under Part B]
In accordance with the requirements of Section 349 of the Gambling Act 2005 (the Act) Members considered a report that advised them of the review of the Council’s Statement of Licensing Policy, the consultation undertaken and changes made as a result of the consultation and revised guidance. The report sought a recommendation to Full Council that the Policy be approved. The report also sought permission to publish a Local Area Profile.
The Licensing Manager outlined the report to Members noting the consultation undertaken and updates to the policy following this. In response to questions from Members she clarified that:
· Regarding fixed odds betting machines, the government had changed the maximum stake from £100 to £1. It was believed that this was why The number of licensed premises has reduced by a third in the last three years, with nine bookmakers and one bingo hall have surrendering their premises licences.
· She would ask the council data analyst team could provide more statistics on crime and gambling.
· As Embassy Racing in Huntington had been omitted from the list of licensed premises in Annex 2 of the report.
· Adult gaming centres were for over 18s only. There was one on Low Ousegate and there was a specific policy for higher jackpot gaming policy.
· Licensing fees were statutory and were set by the government.
· Licensing enforcement was in line with council enforcement policies.
· Statutory and government guidance was issued by the Gambling Commission and licensing conditions were in line with conditions set by the commission.
[Cllr Pearson joined the meeting at 17:45]
· When premises put together their risk assessments they should take the Local Area Profile into consideration. When receiving new licensing applications, the Licensing Authority also had to take this into account too.
A Member thanked officers for including information on the area deprivation index in the annexes.
· It was a condition of a premises licence that licensees needed to sign up to a Code of Conduct. The Gambling Commission was responsible for licensing gambling operators.
· Regarding information sharing from premises, this information was requested as part of premises inspections. It was confirmed that information sharing was not a legal requirement and that if a new grant application was referred to Sub-Committee for determination, information sharing would be considered.
Cllr Looker moved and Cllr Hook seconded the recommendation as detailed in Option 1 – to approve the revised Policy and make a recommendation to Council that the Policy is adopted and to authorise officers to publish the profile. On being put to the vote it was unanimously
Resolved: That;
i. It be recommended to Council that the Statement of Licensing Policy be adopted
ii. Authorisation be given to officers to publish the Local Area Profile.
Reason: To meet the legislative requirements of the Gambling Act 2005.
Part B - Matters Referred to Council
79. Statement of Licensing Policy
[See also under Part A]
In accordance with the requirements of Section 349 of the Gambling Act 2005 (the Act) Members considered a report that advised them of the review of the Council’s Statement of Licensing Policy, the consultation undertaken and changes made as a result of the consultation and revised guidance. The report sought a recommendation to Full Council that the Policy be approved. The report also sought permission to publish a Local Area Profile.
The Licensing Manager outlined the report to Members noting the consultation undertaken and updates to the policy following this. In response to questions from Members she clarified that:
· Regarding fixed odds betting machines, the government had changed the maximum stake from £100 to £1. It was believed that this was why The number of licensed premises has reduced by a third in the last three years, with nine bookmakers and one bingo hall have surrendering their premises licences.
· She would ask the council data analyst team could provide more statistics on crime and gambling.
· As Embassy Racing in Huntington had been omitted from the list of licensed premises in Annex 2 of the report.
· Adult gaming centres were for over 18s only. There was one on Low Ousegate and there was a specific policy for higher jackpot gaming policy.
· Licensing fees were statutory and were set by the government.
· Licensing enforcement was in line with council enforcement policies.
· Statutory and government guidance was issued by the Gambling Commission and licensing conditions were in line with conditions set by the commission.
[Cllr Pearson joined the meeting at 17:45]
· When premises put together their risk assessments they should take the Local Area Profile into consideration. When receiving new licensing applications, the Licensing Authority also had to take this into account too.
A Member thanked officers for including information on the area deprivation index in the annexes.
· It was a condition of a premises licence that licensees needed to sign up to a Code of Conduct. The Gambling Commission was responsible for licensing gambling operators.
· Regarding information sharing from premises, this information was requested as part of premises inspections. It was confirmed that information sharing was not a legal requirement and that if a new grant application was referred to Sub-Committee for determination, information sharing would be considered.
Cllr Looker moved and Cllr Hook seconded the recommendation as detailed in Option 1 – to approve the revised Policy and make a recommendation to Council that the Policy is adopted and to authorise officers to publish the profile. On being put to the vote it was unanimously
Resolved: That;
i. It be recommended to Council that the Statement of Licensing Policy be adopted
ii. Authorisation be given to officers to publish the Local Area Profile.
Reason: To meet the legislative requirements of the Gambling Act 2005.
Cllr Orrell, Chair
[The meeting started at 5.30 pm and finished at 5.54 pm].