Apologies were received from Councillors Henry and Bhim, Councillor Syeda attended as substitute.

Councillors Hall and Manly attended remotely.

There were no declaratios of interest.

RESOLVED:  that the minutes of the meeitng on 22 February were agreed as an accurate record.

To Follow

The Team Manager Licensing and Trading Standards introduced the paper, highlighting the changes made to the policy and the timeline for adoption, by January 2025. 

In response to questions it was confirmed that:

The law around clustering has not changed, the reference to a policy of avoiding clustering of gambling premises will act as a deterent to applicants tempted to overcongest areas where premises are already located and allow the decision makers on applciations to reference clustering in relation to concerns around crime and disorder related to gambling premises.  Applicants will need to show that their premises will not have an adverse affect on the area.

If clustering is given as a reason to deny an application, it will need to be linked to one of the objectives, it could not be a reason on its own, each applciation would need to be considered on its own merits.

There have not been any applications for new licences in the last four years in the borough, and there has been a reduction of betting shops over that period.

If an application is rejected and then succesful at appeal, we can expect the magistrate to be mindful of the conditions imposed by the Council, but it would be considered as a new application and conditions applied would be those set by the Magistrate.

Applications would only come to a Licensing Sub-Committee if representations opposed to the application had been made.  If there are no representations made, the application would be granted as required by law.

Without a no casino rule, it would not be possible to reject applications automatically and applicatons would be considered under the policy and objectives as set out.  This could not only leave room for a small casino, but while the majority of larger casino have already been allocated under the Gambling regulations, Merton could attract and application for a much larger casino than wanted.

The Gambling Act came into force in 2007, before that there was the Gaming Act and licenses were granted by the Magistrates Court.  Premises which received a licence in that period would have them carried forward under the new legislation as grandfather rights and be able to operate under their permitted hours within those licences without a new applciation.  All licences can be reviewed, with new conditions applied or licences rescinded in total, if evidence shows a need to do so.

Reviewing a licence is a last option after attempts at a stepped approach to impove operators functions to bring them in line with the law, policy and objectives.  However if they are shown not to be cooperating, a review would be conducted.

It was RESOLVED that:

-       The Licensing Committee approved the Draft Statement of Policy and Principles under the Gambling Act 2005 as set out in Appendix A for public consultation;

-       The Licensing Committee approved the proposal to consult on the re-stating of a ‘No Casino’ resolution under section 166 of the Gambling Act 2005;

-       The Licensing Committee approved  ...  view the full minutes text for item 4.