Agenda and minutes

Licensing and General Purposes Committee - Monday 27 November 2006 7.30 pm

Venue: Committee Room 1&2 Harrow Civic Centre

Contact: Michelle Fernandes, Committee Administrator  Tel: 020 8424 1542 E-mail:  michelle.fernandes@harrow.gov.uk

Items
Note No. Item

PART I - RECOMMENDATIONS

RECOMMENDATION I - Gambling Policy

Minutes:

The Gambling Act 2005 created a new statutory duty for local authorities to consider all gaming permits and licence applications. 

 

With the Gambling Act coming into force, the Authority was required to prepare a statement as to how they intended to exercise their functions under the Act.  It was noted that Harrow’s policy had been drafted using the Local Authorities Coordinators of Regulatory Services (LACORS) guidance. Harrow Council’s Statement of Principles – The Gambling Act 2005 covered the provisions of the legislation in detail, and the way in which Harrow was to administer this. The Statement also included a “no casino” policy within Harrow.  The draft consultation document had been sent out to the Police, Gambling Commission, all premises which carry out gambling/and or betting activities, and Gamcare amongst others for consultation. The draft policy had also been published on the internet and an article had appeared in the local newspapers.

 

The Committee received a report of the Head of Community Safety Services, which reported the findings of the consultation on the draft Gambling Policy, the response to which had been very low, and asked Members to make any final comments prior to referring the policy to Council for final approval. 

 

An officer reminded the Committee that the Authority was proposing a “no casino” resolution, and further, only agreeing to the automatic right to have up to two Amusement With Prizes (AWPs).  Further machines would have to be applied for.

 

Members considered the Draft Policy which had been circulated and noted a few minor amendments such as typographical errors and a revision to item 4 entitled “Casinos” which would be made.  Officers emphasised that the complete revised version, (Version 5 the final version) would be referred to Council.  It was therefore

 

Resolved to RECOMMEND: (to Council)

 

That the Draft Gambling Policy, as now amended, be approved (see Appendix 1 - Version 5).

 

(See also Minute 31).

PART II - MINUTES

25.

Declarations of Interest

To receive declarations of personal or prejudicial interests, arising from business to be transacted at this meeting, from:

 

(a)               all Members of the Committee, Sub Committee, Panel or Forum;

(b)               all other Members present in any part of the room or chamber.

Minutes:

RESOLVED:  To note that the following interest was declared:

 

Agenda Item

 

Nature of Interest

10.   Gambling Policy

Councillor Tom Weiss declared a personal interest in that he had worked as a consultant for companies which produced gambling machines.  He remained in the room whilst this matter was considered and voted upon.

26.

Arrangement of Agenda

To consider whether any of the items listed on the agenda should be considered with the press and public excluded on the grounds that it is thought likely, in view of the nature of the business to be transacted, that there would be disclosure of confidential information in breach of an obligation of confidence or of exempt information as defined in Paragraph 1 of Schedule 12A to the Local Government (Access to Information) Act 1972 (as amended).

Minutes:

RESOLVED:  All items be considered with the press and public present.

27.

Minutes

That the minutes of the meeting held on 18 September 2006, be taken as read and signed as a correct record.

Minutes:

RESOLVED:  That the minutes of the meeting held on 18 September 2006 be taken as read and signed as a correct record.

28.

Public Questions, Petitions and Deputations

To receive questions (if any) from local residents or organisations under the provisions of Committee Procedure Rule 19 (Part 4B of the Constitution).

Minutes:

RESOLVED:  To note that no public questions were put, or petitions or deputations received at this meeting under the provisions of Committee Procedure Rules 19, 16 and 17 (Part 4B of the Constitution) respectively.

Enc.

28a

Petition Requesting an Improved Footpath that Runs from Waxwell Lane to Elm Park Road

Submitted by Councillor Mrs Champagnie at Council on 19 October 2006.

Minutes:

Members received a report which set out the action being taken in response to the concerns raised regarding the condition of the footpath.

 

RESOLVED:  That the report be noted.

Enc.

29.

Actions taken under the Urgent Non-Executive Decision Procedure

Report of the Director of Legal Services.

 

FOR CONFIRMATION

Minutes:

RESOLVED:  To note and, insofar as is necessary, to confirm the Urgent Actions taken with the approval of the Chairman and Vice-Chairman since the beginning of the Municipal Year, as listed at Appendix A to the officer report.

Enc.

30.

Changes to Memberships of the Subsidiary Panels of the Licensing and General Purposes Committee

To agree the proposed changes of Membership to the following subsidiary Panels for the remainder of the Municipal Year 2006/07.

 

FOR CONFIRMATION

Minutes:

RESOLVED:  That the memberships of the subsidiary Panels of the Licensing and General Purposes Committee attached at Appendix 2 to the minutes be approved.

Enc.

31.

Gambling Policy

Report of the Chief Environmental Health Officer.

 

[Note: Appendix circulated separately].

Minutes:

Further to Recommendation I above, Members sought clarification of the difference between regulated and unregulated card games.  In particular, Members referred to recent newspaper articles, which now reported the illegal playing of poker in pubs.  In response, an officer explained that not only was poker banned, but that currently under the Gambling Commission’s guidance, any card game which offered a monetary incentive was illegal regardless of where it was played and although the industry believed that it was acceptable to play for a winning title, this interpretation required clarification by the High Court.  The Committee was also informed that the internet would be monitored by the Gambling Commission, as the operators of on?line gaming sites would require an operator’s and personal licence.

 

In response to a Member’s query as to whether charities would be informed of the changes as card games were often played for charitable purposes, it was reported that due to the immense number of unknown charities in the Borough, it had not been possible to target all of them.  A Member requested that information on the Gambling Act, which identified the changes, be circulated to all Members of the Council, as many of them had affiliations with charities and information could be filtered through them.

 

An officer explained that the Gambling Commission, which issued the operator and personal licences for the manufacture of gaming machines, also covered the percentage of winnings to be allocated to the operator.  The machines permitted on licensed premises, such as pubs, were either category C or D, which paid out a low amount of winnings, whereas a Members’ Club was entitled to higher category machines which paid out higher winnings.

 

Having recommended the draft Gambling Policy to Council it was

 

RESOLVED:  That the report be noted.

 

(See also Minute 25).