Members considered the policy and recommended that it be forwarded to Cabinet and Council for approval on 7 November and 7 December 2006 respectively with the following amendments:
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| • | That the policy includes the following statement of principles on permits:
"The Gambling Act 2005 states that a licensing authority may "prepare a 'statement of principles' that they propose to apply in exercising their functions under this schedule" which, 'may in particular specify matters that the licensing authority proposes to consider in determining the suitability of the applicant for a permit'.
Given that the premises will particularly appeal to children and young persons, in considering what to take into account in the application process and what information to request from the applicant, Medway Council will want to give weight to child protection issues and will ask the applicant to set out the types of gaming that he or she is intending to offer. The applicant should be able to demonstrate:
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| - | that they understand the limits to stakes and prizes that are set out in regulations; and
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| - | that the gaming offered is within the law.
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| • | In making its decision on an application for this permit the licensing authority does not need to have regard to the licensing objectives but must have regard to any Gambling Commission guidance."
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| • | That the policy includes the following statement relating to where the authority would not expect gambling establishments to be located without strict controls;
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| • | This licensing authority notes the Gambling Commission's Guidance for local authorities which states that:
"Licensing authorities will need to consider the location of premises in the context of this licensing objective. If an application for a licence or permit is received in relation to premises that are in close proximity to a school or similaly premises dealing with vulnerable persons or in an area noted for particular problems with crime, for example, this authority will expect the applicant to demonstrate that suitable controls have been put into place to prevent those premises becoming a source of crime. These might include conditions being put on the licence, such as a requirement for door supervisors".
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Members also agreed to delete the bulletted points in part B, paragraph K, Tracks, pages 16 and 17 commencing "the licensing authority also notes that, as per the Gambling Commissions Guidance" and concluding "and similar issues" as these points were repeated elsewhere in the document.
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The Licensing Manager reported that a scheme of delegation to Committees and officers would also be reported to Cabinet recommending approval by Council. |