Agenda item

The Gambling Act 2005 was fully implemented during 2007 creating a system of licensing and regulation for commercial gambling. It requires the council to prepare and publish a Statement of Principles for each successive period of three years, which outlines the principles to be applied in exercising our functions as the Licensing Authority under the Act. Statutory consultation must take place prior to the Statement of Principles being determined by Full Council.

The Statement of Principles was comprehensively reviewed last year, but to bring the policy in line with the Gambling Commission review timetable this report sets out the outcome of a further review and proposed amendments identified as a result for formal adoption with the current Gambling Act 2005 Statement of Principles due to expire on the 31 January 2025.

Members are asked to note that the Statement of Principles is also due to be considered by Cabinet on 12 November 2024 with any comments made as a result to be reported to Council as part of consideration of the final statement for adoption.

(Agenda republished on 16 November 2024to include an updated cover report including comments added following the Cabinet meeting on 12 November 2024)

Please note, this item also includes reference to the following two documents as background papers:

·        Statement of Gambling Principles Consultation responses

·        Equality Assessment

These documents have been published as a separate supplementary pack to accompany the main Council agenda.

The Mayor then invited Councillor Krupa Sheth, as Cabinet Member for Environment & Enforcement, to introduce a report from the Corporate Director of Neighbourhoods & Regeneration detailing the outcome of a review of the Council’s Statement of Gambling Principles.

In presenting the report, Councillor Krupa Sheth advised that the review had been undertaken as a result of the current Statement of Principles expiring on the 31 January 2025 with the requirement to produce a Statement of Gambling Principles established under the Gambling Act 2005 and required to cover a three-year period.  Each Statement was designed to outline the principles to be applied in exercising the Council’s functions as the Licensing Authority under the Act which included the issuing of premises licences for casinos, bingo halls, betting shops, adultgaming centres and licensed family entertainment centres as well as permits for gaming machines in pubs, clubs, and other alcohollicensed premises.  Whilst the Statement had been subject to a comprehensive review during 2023, the current review had been designed to ensure it was brought in line with the Gambling Commission review timetable and involved amendments to website links as well as changes reflecting the outcome of the consultation process which had been undertaken to support the review.  In noting the key role the statement fulfilled in terms of outlining local priorities and way in which gambling was managed and regulated in response to local concerns, based around the key licensing objectives, members were also reminded of the work currently being undertaken to develop a Joint Strategy Needs Assessment that would include an estimate on the scale of potential risk that gambling posed to the health of Brent resident.  In commending the report to Council, Councillor Krupa Sheth ended by highlighting the additional work being undertaken by the Council, working in partnership with a variety of stakeholders, to ensure the new government was aware of the level of shared concern regarding the harm being caused by gambling and particularly around the approval of new gambling premises.

The Mayor thanked Councillor Krupa Sheth for introducing the report and then opened the debate for contributions from other members.

Speaking in support of the Statement, Councillor Nerva highlighted concerns identified in relation to the public health impact and harm on local communities arising from gambling, specifically in the areas where this activity was focussed. Frustration was expressed at the restrictions on issues that could be included as matters for consideration in terms of the wider approach adopted towards regulation under Gambling Commissions guidance, with the efforts being made to work with the new Government to address the focus on the harm and public health impact caused by gambling welcomed and endorsed.

As a further contribution to the debate, Councillor Kelcher echoed the concerns raised reminding members of the significant blight being caused in his ward (Harlesden & Kensal Green) by the cluster of adult gaming centres and gambling premises located in that specific area.  Referring to the motion agreed at the last Council meeting in September 2024 on the Council’s approach in seeking to address the harm being created by the proliferation of gambling premises across Brent Councillor Kelcher advised that following the Council having written to the Secretary of State for Culture, Media and Sport to outline the Council’s priorities for reform he had been invited to address an All Party Group of MPs in Parliament set up to focus on the issue of gambling related harm using Harlesden as a case study.  In outlining the significant and harmful social, economic, and public health impacts of gambling the difficulties in being able to oppose and prevent the opening of further premises were highlighted, particularly given the addictive nature of the different types of gambling machines available and harm identified as a result, with the premises often being placed in areas of high deprivation with the most vulnerable residents. Expressing concern at the limited powers currently available for local authorities to restrict the opening of gambling premises and their clustering in specific areas along with the resources available to operators seeking to appeal against any attempts to oppose or challenge new applications, Councillor Kelcher ended by supporting the need for wider reform of the Gambling Act and for enhanced regulation of the gambling sector in order to protect vulnerable residents and address the concerns identified.

Also speaking to highlight the Conservative Group’s support for the revised Statement of Gambling Principles, Councillors Mistry & Kansagra took the opportunity to recognise the concerns previously highlighted in relation to the harm associated with gambling, particularly in relation to public health, families and young people and as such advised they would be supporting the recommended approval of the Statement.

As a final contribution to the debate, Councillor Grahl also spoke in support of the concerns highlighted during the debate in relation to the harm being caused by gambling, particularly where those premises were located in close proximity to schools, given the way in which the areas in which gambling premises were located tended to experience increased levels of crime and community safety issues.  Recognising the level of social and public health harm caused by gambling to families and across local communities, Councillor Grahl also supported the need to address what she felt to be the outdated nature of the permissive approach within the current legislation under the “Aim to Permit” and provide local authorities with the necessary powers to be able to refuse these types of establishments in view of the impact and harm being caused.

As no other members indicated they wished to speak the Mayor thanked members for their contribution and invited Councillor Krupa Sheth to exercise her right of reply.  In summing up, Councillor Krupa Sheth drew members attention to the additional background papers circulated for reference purposes alongside the main report in relation to the Equality Assessment and consultation responses received as part of the review process and agreement by Cabinet (who had considered and approved the Policy for reference to Council on 12 November 2024) that the Policy and any subsequent feedback would be subject to ongoing review.

Having thanked members for their contributions the Mayor then put the recommendations in the report to the vote and they were declared CARRIED.

Council therefore unanimously RESOLVED to approve the revised Statement of Gambling Principles (31 January 2025 – 31 January 2028) for adoption as detailed within Appendix 1 of the report.

Prior to the following item being considered Debra Norman (as Corporate Director Law & Governance) withdrew from the meeting with Marsha Henry (Deputy Director of Law) taking over as her representative.