Agenda item

The Director of Neighbourhood and Environmental Services submits a report in respect of an application for a new premises licence.

The Director of Neighbourhoods and Environmental Services submitted a report that required Members to determine an application for a new premises licence under the Gambling Act 2005 for Merkur Slots, 6 Haymarket, Leicester.

Gill Clulow, Nigel Davis and Wanda Kidd were present representing Merkur Slots, accompanied by their Barrister Philip Kolvin KC. Also present was the Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee.

The Licensing Team Manager (Policy and Applications) presented the report and outlined details of the application. It was noted that a representation was received on 29^th September 2022 from an interested party. The representation related to the prevention of gambling being a source of crime or disorder, being associated with crime or disorder or being used to support crime.  Also ensuring that gambling is conducted in a fair and open way and the protection of children or other vulnerable persons from being harmed or exploited by gambling.

A second representation was received from an interested party on 29^th September 2022. The representation related to the prevention of gambling being a source of crime or disorder, being associated with crime or disorder or being used to support crime.  Also ensuring that gambling is conducted in a fair and open way and the protection of children or other vulnerable persons from being harmed or exploited by gambling.

A third representation was received on 18^th October 2022 from an interested party. The representation related to the prevention of gambling being a source of crime or disorder, being associated with crime or disorder or being used to support crime.  Also ensuring the protection of children or other vulnerable persons from being harmed or exploited by gambling.

The Merkur Slots representatives and their barrister were given the opportunity to address the Sub-Committee and answer questions from Members.

All parties present were then given the opportunity to sum up their positions and make any final comments.

The Sub-Committee received legal advice from the Legal Adviser to the Sub-Committee in the presence of all those present and were advised of the options

available to them in making their decision. The Sub-Committee were also

advised of the relevant policy and statutory guidance that needed to be taken

into account when making their decision.

In reaching their decision, Members felt they should deliberate in private on the

basis that this was in the public interest, and as such outweighed the public

interest of their deliberation taking place with the parties represented present,

in accordance with the Gambling Act 2005 Regulations.

The Chair announced that the decision and reasons would be publicly

announced in writing within five working days. The Chair informed the meeting

that the Legal Adviser to the Sub-Committee would be called back to give

advice on the wording of the decision.

The Chair then informed the meeting that all but the Democratic Support

Officers should withdraw from the room. The Sub-Committee then deliberated

in private to consider their decision. The Sub-Committee recalled the Legal

Adviser to the Sub-Committee to give advice on the wording of the decision.

RESOLVED:

That the gambling premises license be GRANTED in accordance with section 153 of the Gambling Act 2005, subject to the mandatory conditions, the default conditions and the conditions proposed by Merkur Slots Ltd, as detailed in Appendix C of the officers report.

REASONS FOR THE DECISION

Members heard that the premises was previously a Pizza Hut and has been empty since October 2020. It sits in a large parade of shops in a pedestrianized area of the city centre. There is a wide variety of retail premises in this area with some open 24-hrs a day and some with residential properties above. There are a number of premises licensed under the Gambling Act 2005 including two Shipley’s Slots Bingo Premises which are open 24-hrs a day, seven days a week.

Section 153 of the Gambling Act 2005 places a legal duty on the Council as a Licensing Authority to “aim to permit the use of premises for gambling” in so far Members think it (a) in accordance with any relevant Code of Practice issued by the Gambling Commission (b) in accordance with any relevant Guidance issued by the Gambling Commission (c) reasonably consistent with the licensing objectives and (d) in accordance with the Licensing Authority’s Statement of Licensing Principles.

This ‘aim to permit’ principle is explained at paragraph 1.20 of the Gambling Commission Guidance: “The effect of this duty is that both the Commission and licensing authorities must approach their functions in a way that seeks to regulate gambling by using their powers, for example, powers to attach conditions to licenses, to moderate its impact on the licensing objectives rather than by starting out to prevent it altogether.”

Members considered this matter on its individual merits on the evidence considering matters related to gambling and the licensing objectives.

Three written representations were received against the application from local businesses none of whom attended the hearing. Members took their written representations into account in their deliberations. The representations were based on the first licensing objective of preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime, and the third licensing objective of protecting children and other vulnerable persons from being harmed or exploited by gambling. No representations were received based on the second licensing objective to suggest that gambling would be conducted by Merkur Slots Uk Ltd in anything other than a fair and open way.

The representations detailed that the premises is in an area of the city which is associated with crime and disorder (anti-social behaviour) in addition to being an area where many homeless people, and vulnerable people who are affected by drugs and/or alcohol congregate. They suggested that the premises “will not in the specific circumstances of this application, protect children and other vulnerable persons from being harmed or exploited by gambling.”

In so far as the representations might be taken in their reference to the large number of premises licensed for gambling in the immediate area, as an implied representation to there being no demand for additional licensed premises, that was not a relevant consideration for Members. Neither were those parts of the representations which suggested an additional licensed premises would have a negative effect on the City’s image and that the area deserved to be a “genuine retail area”.

Members were impressed with the written application presented by Merkur Slots Uk Ltd which included witness statements from Amanda Kiernan (Head of Compliance), Steve Ambrose (Operations Director), Nigel Davis (Head of Gaming Machines) and Wanda Kidd (Leicester Area Manager). Also included were details of the Company’s Operational Management Plan and Security Measures and its Social Responsibility, Operational Compliance & Training Documents together with Covert Inspection Reports for some of its already licensed premises across the country. Each case must be dealt with on its own merits and Merkur Slots Uk Ltd additionally provided a Local Area Risk Assessment together with an Observation Report of the Haymarket area. The documentation allowed Members to understand the Company’s method of operation generally and how it would operate in particular at these premises in answer to the representations regarding the licensing objectives made by the three local businesses.

In light of its Local Area Risk Assessment Merkur Slots Uk Ltd had proposed conditions which would be additional to the mandatory and default conditions in the event a Licence was granted. The conditions relate to the provision of a comprehensive CCTV system; the display of Notices that a CCTV system is in operation; the keeping of an Incident Log; the operation of a Think 25 proof of age scheme; the display of signage of the operation of the proof of age scheme; the refusal of admission to people under the influence of alcohol or drugs; participation in any local Betwatch scheme.

Members were assisted in advance by inclusion in the papers of a Skeleton Argument from Mr Philip Kolvin KC.

At the hearing, Members heard from Mr Kolvin who in his submissions again dealt with the objections raised by the three local businesses under the licensing objectives. The presence of Gill Clulow (Internal Auditing), Wanda Kidd and Nigel Davis also enabled Member’s questions to be dealt with.

Members noted that Merkur Slots Uk Ltd holds a Bingo Operating Licence granted by the Gambling Commission (a prerequisite for a Bingo Premises Licence to be issued). It is part of a group which operates a national estate of licensed bingo premises holding over 220 licenses across the country and it has an unblemished regulatory record. Members noted the nature of high street bingo premises when compared with other gambling premises such as betting offices, the Company’s operating procedures, its existing Bingo Premises Licences for two other premises in Leicester, the three Shipley’s Slots premises in the vicinity of the proposed site, two of which trade 24 hours daily, and the absence of any representations against the application from Responsible Authorities. Members also noted that whilst by law, licensed Bingo Premises can permit under 18s to the premises and can also apply for a Premises Licence under the Licensing Act 2003, neither of those two scenarios applied here. All of the premises operated by Merkur Slots Uk Ltd are adult only and the Company operates a Think 25 Proof of Age Scheme. In addition, the Company will not seek an authorization to supply alcohol on the premises and does not allow individuals who are under the influence of alcohol or drugs to enter its premises.

The Gambling Commission Guidance details at paragraph 5.31: “Licensing authorities should not turn down applications for premises licenses where relevant objections can be dealt with through the use of conditions.” Members felt that the representations against the application, in so far as they were relevant, were dealt with where necessary by the conditions on which the Licence has been granted