The Statement of Gambling Policy must be reviewed by January 2016.  The report requested Members to agree an interim consultation on re-adopting the current policy as a temporary measure pending publication of significant new guidance from the Gambling Commission after which it is recommended that consultation takes place in respect of a fresh Statement of Gambling Policy.

A motion was MOVED by Cllr McCheyne and SECONDED by Cllr Trump to agree the recommendations in the report.

A vote was taken by a show of hands and it was RESOLVED UNANIMOUSLY that:

1.         That a 12 week consultation on renewing the current Statement of Gambling Policy be agreed.

2.         That, if no representations are duly received within the consultation deadline, the Statement of Gambling Policy be recommended for adoption by Ordinary Council effective from 31 January 2016 on the basis that a full review of the policy will follow once new guidance has been issued but if one or more representations are received and not withdrawn, the matter shall be reported back to a future meeting of this Committee for consideration of such representation(s).

REASON FOR RECOMMENDATION

The Council does not have the option of leaving the process entirely until publication of the revised GLA, as from 1 February 2015 any decision made relating to any aspect of the Gambling Act 2005 would be ultra vires given that the policy is a requirement of the Act.

The alternative solution at Para. 4.7 is not particularly viable as it involves a degree of speculation as to the content of the revised GLA and potentially involves undertaking a meaningless consultation given that certain aspect of the policy will change.

The solution in Para. 4.6 enables the Council to fulfil its obligation to re-publish the statement of policy within the legislative timeframe.  This will enable lawful decision making with regard to the Council’s functions under the Act, whilst ensuring that the policy is brought up to date at the earliest opportunity.

There are no concerns over the conduct of commercial gambling establishments within the Borough at this time, nor have there been any significant problems since implementation of the Act. The current policy has served the Borough well over the last three years and a continuation of that policy in the short term is not anticipated to raise any issues.

(As a substitute of this committee,  Cllr Poppy did not take part in the debate on vote on this item).