Doncaster Metripolitan Council
Councillors:
56
Wards:
22
Committees:
25
Meetings (2025):
92
Meetings (2024):
113
Meeting
Licensing Committee - Doncaster
Meeting Times
Scheduled Time
Start:
Wednesday, 25th September 2024
10:00 AM
Wednesday, 25th September 2024
10:00 AM
End:
Wednesday, 25th September 2024
2:00 PM
Wednesday, 25th September 2024
2:00 PM
Actual Time
Started:
Wednesday, 25th September 2024
12:00 AM
Wednesday, 25th September 2024
12:00 AM
Finished:
Wednesday, 25th September 2024
12:00 AM
Wednesday, 25th September 2024
12:00 AM
Meeting Status
Status:
Confirmed
Confirmed
Date:
25 Sep 2024
25 Sep 2024
Location:
Council Chamber, Civic Office, Waterdale, Doncaster DN1 3BU
Council Chamber, Civic Office, Waterdale, Doncaster DN1 3BU
Meeting Attendees
Committee Member
Cabinet Member for Adults, Wellbeing and Culture
Chair
Councillor Dave Shaw
Present, as expected
Vice-Chair
Councillor Linda Curran
Present, as expected
Committee Member
Councillor Bev Chapman
Present, as expected
Committee Member
Councillor Yetunde Elebuibon
Absent
Committee Member
Councillor John Healy
Present, as expected
Committee Member
Councillor Leanne Hempshall
Present, as expected
Committee Member
Councillor Debbie Hutchinson
Present, as expected
Committee Member
Councillor Emma Muddiman-Rawlins
Absent
Committee Member
Councillor Thomas Noon
Present, as expected
Committee Member
Councillor Ian Pearson
Absent
Agenda
0
For noting
0
A. Reports where the public and press may not be excluded
1
Apologies for absence
2
To consider the extent, if any, to which the public and press are to be excluded from the meeting.
3
Declarations of Interest, if any.
Minutes
No declarations were made at the meeting.
4
Minutes of the Licensing Committee Meeting held on 26 June, 2024
Attachments:
- Document 260624 17 Sep 2024
Minutes
RESOLVED that the minutes of the meeting held on 26th June, 2024 be approved as a correct record and signed by the Chair.
5
Statement of Licensing Policy 2025 - Gambling Act 2005
Attachments:
- Document 250924 Lic Cttee Licensing Policy rp 17 Sep 2024
- Document 250924 Lic Cttee Licensing Policy App A 17 Sep 2024
- Document 250924 Lic Cttee Licensing Policy App B1 17 Sep 2024
- Document 250924 Lic Cttee Licensing Policy App B2 17 Sep 2024
- Document 250924 Lic Cttee Licensing Policy App C 17 Sep 2024
Minutes
The Committee received report seeking members to consider and note the adoption of the ‘Statement of Licensing Policy 2025 – Gambling Act 2005’ following its 3 year review. For information, the route to adoption was attached as Appendix A to the report.
There are three licensing objectives set out in the Act and these must be addressed within the authority’s statement of licensing policy, namely:
• 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 policy sets out, under these three objectives, the steps that need to be taken by applicants to address these issues. It also addresses how the licensing committee will conduct hearings for applications that cannot be resolved.
It was noted that this is the seventh statement of policy produced by City of Doncaster Council under the Gambling Act 2005, which will set out the basis for all licensing decisions to be taken by the authority over the next three year period. The statement has been produced following public consultation including those bodies and persons set out in section 1.10 of the policy document.
The policy has been reviewed and updated to ensure it is relevant to Doncaster in 2025 and beyond, taking account of the latest guidance to local authorities produced by the gambling commission. The alterations have arisen out of the review and consultation process. The policy remains largely unchanged from the existing version.
Following the introduction of the report, members were afforded the opportunity to make comment and ask questions. These were as follows:-
A concern was raised in regard to paragraph 4.6 of the policy which referenced adult gaming centres and it was asked how the Council ensures that under 18’s are unable to access these premises. It was advised that prior to any premises applying to the Council for a licence, the operator of the business should first obtain a licence through the Gambling Commission to offer gaming facilities. It was noted that the penalties for an operator to be caught with someone in the premises who is under 18 would not only be issued by the Local Authority, but the Gambling Commission could also remove their operator’s licence, therefore it is within their best interest to ensure everyone in the premises are above the legal age. Posters are on display and similar to premises licences for alcohol there would be an age verification and Challenge 25 would be in operation.
In terms of checks made on the premises to ensure the operators are adhering to the licence, this information would be supplied to committee outside of the meeting.
Reference was made to page 35 of the agenda pack and an explanation sought as to why consultation with the Chair had been removed for decisions regarding representations that were frivolous or vexatious. Officers advised that this was written when the policy was first introduced in 2005-2006. It was noted that the process for hearings for the Gambling Act mirror the Licensing Act 2003 and the delegated power for representations sits with officers. It was also noted that Officers have never consulted the Chair, and this is an anomaly which does not match the current delegation of powers and something that had never been picked up before. It was appreciated that on the face of it, it appears that it is cutting out a process, however that process has never been followed and officers explained those reasons. If Committee want to look at this with the view of reversing the process, then this would need to be dealt with in the Terms of Reference and delegations at the start of the municipal year.
It was advised that Committee should bear in mind that if they are minded to amending the policy and reinstating consultation with the Chair, it would be for all applications and not just when the Chair is available. Officers also commented that it would be abundantly clear to anyone looking at the application that the representations were irrelevant, frivolous, or vexatious.
The Chair sought Committee’s views and a vote was taken on accepting the officer’s explanation and the removal of consultation with the Chair, the vote was declared unanimous in favour of the removal. Any future changes to the policy should be brought to committees’ attention prior to changes being made.
In conclusion, the Chair thanked officers for the inclusion of the representations from Rachael Leslie, Director of Public Health, from a committee point of view, there are significant health issues within Doncaster and is something that is very difficult to tackle, and the inclusion of these representations will be useful in the coming years.
RESOLVED that the licensing committee noted the response to the consultation and the reviewed ‘Statement of Licensing Policy – Gambling Act 2005’ and recommend it for consideration by cabinet, with a view to it being adopted by full council.
There are three licensing objectives set out in the Act and these must be addressed within the authority’s statement of licensing policy, namely:
• 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 policy sets out, under these three objectives, the steps that need to be taken by applicants to address these issues. It also addresses how the licensing committee will conduct hearings for applications that cannot be resolved.
It was noted that this is the seventh statement of policy produced by City of Doncaster Council under the Gambling Act 2005, which will set out the basis for all licensing decisions to be taken by the authority over the next three year period. The statement has been produced following public consultation including those bodies and persons set out in section 1.10 of the policy document.
The policy has been reviewed and updated to ensure it is relevant to Doncaster in 2025 and beyond, taking account of the latest guidance to local authorities produced by the gambling commission. The alterations have arisen out of the review and consultation process. The policy remains largely unchanged from the existing version.
Following the introduction of the report, members were afforded the opportunity to make comment and ask questions. These were as follows:-
A concern was raised in regard to paragraph 4.6 of the policy which referenced adult gaming centres and it was asked how the Council ensures that under 18’s are unable to access these premises. It was advised that prior to any premises applying to the Council for a licence, the operator of the business should first obtain a licence through the Gambling Commission to offer gaming facilities. It was noted that the penalties for an operator to be caught with someone in the premises who is under 18 would not only be issued by the Local Authority, but the Gambling Commission could also remove their operator’s licence, therefore it is within their best interest to ensure everyone in the premises are above the legal age. Posters are on display and similar to premises licences for alcohol there would be an age verification and Challenge 25 would be in operation.
In terms of checks made on the premises to ensure the operators are adhering to the licence, this information would be supplied to committee outside of the meeting.
Reference was made to page 35 of the agenda pack and an explanation sought as to why consultation with the Chair had been removed for decisions regarding representations that were frivolous or vexatious. Officers advised that this was written when the policy was first introduced in 2005-2006. It was noted that the process for hearings for the Gambling Act mirror the Licensing Act 2003 and the delegated power for representations sits with officers. It was also noted that Officers have never consulted the Chair, and this is an anomaly which does not match the current delegation of powers and something that had never been picked up before. It was appreciated that on the face of it, it appears that it is cutting out a process, however that process has never been followed and officers explained those reasons. If Committee want to look at this with the view of reversing the process, then this would need to be dealt with in the Terms of Reference and delegations at the start of the municipal year.
It was advised that Committee should bear in mind that if they are minded to amending the policy and reinstating consultation with the Chair, it would be for all applications and not just when the Chair is available. Officers also commented that it would be abundantly clear to anyone looking at the application that the representations were irrelevant, frivolous, or vexatious.
The Chair sought Committee’s views and a vote was taken on accepting the officer’s explanation and the removal of consultation with the Chair, the vote was declared unanimous in favour of the removal. Any future changes to the policy should be brought to committees’ attention prior to changes being made.
In conclusion, the Chair thanked officers for the inclusion of the representations from Rachael Leslie, Director of Public Health, from a committee point of view, there are significant health issues within Doncaster and is something that is very difficult to tackle, and the inclusion of these representations will be useful in the coming years.
RESOLVED that the licensing committee noted the response to the consultation and the reviewed ‘Statement of Licensing Policy – Gambling Act 2005’ and recommend it for consideration by cabinet, with a view to it being adopted by full council.
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