8 POLICY FOR GAMING ACT PROVISIONS UNDER THE LICENSING ACT 2003
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To review the current policy on “amusement with prizes” gaming machines (AWP machines) in premises that are not solely or wholly amusement centres. To determine policy on applications to play certain games on licensed premises and the commercial provision of amusement with prizes. (Attached)
Minutes:
(Agenda Item 8)
The Chair invited the Licensing Manager, Keith Betts, to present his Report to the Committee. Mr Betts explained that the essence of the Report was that the Licensing Authority, who were responsible for implementing the Gaming Act, will maintain the status quo in terms policy on AWP machines in premises that are not solely or wholly amusement centres. Mr Mitchison clarified to the Committee some of the provisions of the Gaming Act 2005 in relation to the powers of the Licensing Committee.
RESOLVED
The Licensing Committee agreed to the following recommendations to pass resolutions as follows; and to report these, for information, to Full Council:
(i) Section 34 Gaming Act 1968 permits will not be granted or renewed by the Council in respect of premises (a) that are not licensed for the supply of alcohol under section 18 of the Licensing Act 2003; or (b) that are hotels and or restaurants which serve alcohol only as an accompaniment to meals; or (c) which are not wholly or mainly used for the provision of amusements with prizes; and
(ii) The Council will grant or renew Section 34 Gaming Act 1968 permits for a maximum of two amusement with prizes gaming machines on premises without the need for a hearing, but that if an applicant requests more than two such machines on premises, then a hearing before a Sub-Committee will be required.
(iii) Each application for Orders under S.6 of the Gaming Act 1968 or for Permits under S16 of the Lotteries and Amusement Act 1976 shall be considered on its own merits and the facts as submitted, and that no formal policy in relation to applications made in these respects need be adopted at this point in time. In the coming year, the Authority will be required to submit a Statement of Gambling Policy in connection with the Gambling Act 2005, which is expected to come into force in 2007.
(iv) The terms of reference of Licensing Sub-Committees in Part E.7 of the Council’s Constitution should include an additional sub-paragraph reading “To determine the following: (a) applications for permits for two or more amusements with prizes gaming machines; (b) applications for orders providing for the playing of certain games; (c) applications for permits allowing the provision of amusements with prizes where those amusements constitute a lottery and or gaming.” The General Purposes Committee and full Council should be requested to amend the Constitution accordingly.