Agenda Item

Annexes

Recommendations

Council Priorities

Implications

Consultation

Options

Licensing & Regulatory Committee	6 February 2025
Report from the Director – Environment, Transport and Planning

Gambling Act 2005 – Local Area Profile

Summary

1. This report asks Members to approve the amended Local Area Profile at Annex 2.

2. That Members approve Option 3 and authorise officers to publish the amended Local Area Profile.

Reason: To meet the recommendations within the Gambling Commissions Guidance to Licensing Authorities by publishing a Profile.

Background

3. A report was brought before this Committee on 4 November 2024 asking Members to recommend to Council that the Statement of Licensing Policy be approved, as required by the Gambling Act 2005, and seeking permission to publish a revised Local Area Profile (Profile). A link to this report can be found within the background papers.

4. Members approved Option 1 of the report – to recommend to Council that the Policy is adopted and to authorise officers to publish the Profile. The Profile can be found at Annex 1, this Profile was published on 10 January 2025.

5. During questions at the meeting a Member asked for clarification with regards to the number of schools in the Rural West Ward, that are detailed on page 5 of the Profile.

6. Clarification has been sought on this point from the Councils Business Intelligence Unit who produced the Profile. The ‘primary’ and ‘secondary’ school numbers listed again each Ward related to ‘catchment area’ and not the actual number of schools in each Ward, for example Bishopthorpe Ward does not have any secondary school, but it is in the catchment area for two.

7. While seeking clarification it was also noted that section 3.2 of the Profile does not provide details of the Wards in which special and private schools, or the colleges that under 18 year olds attend are located.

8. A revised Profile can be found at Annex 2, which details the actual number of schools in each Ward and provides the details in paragraph 7 above.

9. There is no requirement to undertake a consultation on the Profile.

10. Option 1 – Authorise officers to make no changes to the Local Area Profile that was approved on 4 November 2024.

11. Option 2 – Amend the Local Area Profile that was approved on the 4 November 2024 to include details of the Wards where special and private schools, and the colleges that under 18 year olds attend are located, and authorise officers to publish the amended Local Area Profile.

12. Option 3 – Authorise officers to publish the amended Local Area Profile that can be found at Annex 2, which provides details of the actual number of schools in each Ward and details of the Wards where special and private schools, and the colleges that under 18 year olds attend are located.

Analysis

13. An effective Profile is likely to take account of a wide range of factors, data and information held by the licensing authority and its partners. Good Profiles will increase awareness of local risks and improved information sharing, to facilitate constructive engagement with licensees and more coordinated responses to local risks.

14. The Profile should be taken into consideration by new applicants prior to submitting an application, the Council when determining applications for the grant or variation of premises licences, and licence holders when undertaking risk assessments.

15. By complying with the requirements of the Gambling Commission Guidance to Licensing Authorities the Council are supporting new and existing licence trade, as well as residents and businesses. The functions support the Council’s Plan ‘One City, for all’.

16. The implications arising from this report are:

· Financial: There are no financial implications associated with this report.

· Human Resources: There are no Human Resources implications associated with this report.

· Equalities: There are no Equalities implications associated with this report. An Equalities Impact Assessment has been completed with regards to the report brought before this Committee on 4 November 2024.

· Legal: This report asks the Licensing and Regulatory Committee to agree the amended Local Area Profile at Annex 2. Doing so would be within the terms of reference of this Committee. Completing a local area profile is not a requirement for the licensing authority but there are significant benefits in having a better awareness of the local area when the Licensing Authority makes decisions in respect of matters relating to the Gambling Act 2005.

· Crime and Disorder: There are no crime and disorder implications.

· Information Technology (IT): There are no IT implications associated with this report.

· Other: There are no other implications associated with this report.

Risk Management

17. Legal action could be taken against the Council if it fails to comply with the requirements of the 2005 Act.

Contact Details

Background Papers:

Gambling Act 2005

Gambling Commission – Guidance to licensing authorities

Licensing and Regulatory Committee report 4 November 2024

Chief Officer Responsible for the report:

Lesley Cooke

Licensing Manager

Phone: 551515

James Gilchrist

Director (Environment, Transport and Planning)

Report Approved

Specialist Officer Implications: None

Wards Affected:

Annex 1: Local Area Profile – published 10 January 2025

Annex 2: Amended Local Area Profile