Is this the end of ‘Aim to Permit’?
Andy Burnham announced on Monday a ‘crackdown’ on the ‘rise of vape shops, betting shops and vogue operators’. Overall, the aims are to improve the British high street by giving more power to councils to refuse certain types of establishments- including betting shops and Adult Gaming Centres. It appears the primary method concerning gambling establishments is by simply removing (or replacing?) the terminology ‘aim to permit’ from the Gambling Act:
153 Principles to be applied
(1) In exercising their functions under this Part a licensing authority shall aim to permit the use of premises for gambling in so far as the authority think it—
(a) In accordance with any relevant code of practice under section 24,
(b)In accordance with any relevant guidance issued by the Commission under section 25,
(c) Reasonably consistent with the licensing objectives (subject to paragraphs (a) and (b)), and
(d) In accordance with the statement published by the authority under section 349 (subject to paragraphs (a) to (c)).
Already a qualified statement, the aim to permit principle underpins the fact legal and compliant gambling operators should be allowed to invest in the high street. It is not yet known whether the wording will be replaced or simply omitted. Perhaps ‘shall only permit’…. This is building on a number of other recent changes cracking down on high street gambling, including the gambling impact assessments under the English Devolution Bill.
Whilst gambling is, and should remain to be, a heavily controlled industry, it is always worth remembering the power that Local Authorities already have – and frequently underuse. Inspections are rarely conducted, reviews rarely launched.
The media reporting on the latest changes also include reference to planning permissions to Adult Gaming Centres. The detail on this appears hazy at the moment though, given they are already considered sui generis and require a change of use application to be allowed to open and operate.
No timings for anything yet – so watch this space!