On 4 March 2015 Anna Mathias and I were invited to attend the launch of Manchester and Westminster City Councils’ gambling research project. The event was hosted by Kerry Simpkin of Westminster City Council and Fraser Swift of Manchester City Council and short speeches were made by Councillor Tony Page of the Local Government Association and Rob Burkitt of the Gambling Commission. Councillor John Longsden (Manchester Licensing Chairman) and Councillor Tim Mitchell (Westminster Licensing Chairman) gave a summary of Manchester and Westminster’s current gambling scene and local concerns and Fraser Swift and Kerry Simpkin gave Manchester and Westminster’s reasons for commissioning this project and how it will be used. The back drop to the project is the number of gambling venues and in particular betting offices in Manchester and Westminster, although all present were careful to confirm that the project was a general project and not aimed at Betting Offices or Fixed Odds Betting Terminals.

Rob Burkitt from the Gambling Commission explained that Section 153 of the Gambling Act 2005 sets out the legal framework for Local Authorities to consider new applications for gambling premises licences and pointed out that whilst the starting point is “aim to permit”, licensing authorities must do so in accordance with the Gambling Act, Codes of Practice, Gambling Commission Guidance and Local Authority Policies. It did appear to me that Rob Burkitt was not correct in his interpretation of the legislation, but the thrust of his argument related to the fact that if the local authority policy highlighted specific concerns in specific areas (for example, a concern about protecting the vulnerable in an area with a lot of Homeless Projects etc) then the Licensing Authority has to consider these concerns when considering new licence applications.

The research is being undertaken by Geofutures and Heather Wardle who is a research director at Nat Cen and heads their research in to gambling and leads key studies in to the British Gambling Prevalence Survey. Geofutures are a data science practice who map out data on to reports. Heather Wardle explained that she would be speaking to a large cross section of people and would be looking at different sectors of society who may be harmed by gambling and then mapping out hot spot areas in which there was an abundance of these sectors. The work would try and look at how characteristics of vulnerability data map out and would be a localised investigation. The work would take approximately four months and Westminster City Council and Manchester City Council would integrate their research in to their local policy.

It was noted during the launch event that there is no definition of vulnerable persons and no real evidence as to what type of person may gamble more, beyond their means or fail to make an informed decision.

During the question and answer session it became clear that the research would identify groups of people who may be vulnerable to gambling problems. This may be a certain group of people such as “homeless people” or it may be a certain ethnic group. Indeed it may be some other group that the research would come up with, but it did not seem particularly clear to me as to whether the research would actually find that a particular group is being harmed by gambling. The question and answer session appeared to me to lead to the conclusion that a number of groups would be established who may be harmed from gambling. Geofutures would then map out areas within Manchester and Westminster where these particular groups of people may be and the Local Licensing Policies would set out that these areas are areas of concern.

I am delighted that we have been invited to take part in the research and will be meeting with Heather Wardle in the near future. It will be interesting to see the results of the research which will be published hopefully within the next four months.

In this article Andy Woods looks at the impact of The Town and Country Planning (Use Classes) (Amendment) (England) Order 2015 and the Town and Country Planning (General Permitted Development) (England) Order 2015, both of which came into force on 15 April 2015.

I have written many articles and spoken at many conferences on the impact of the Gambling Act 2005 on Betting Offices. I have regularly faced questions at Licensing Committee hearings from both objectors and Councillors on to the number of betting offices on a particular high street or the impact of betting offices on a particular high street.

The Daily Mail newspaper has continued to express its own views on betting offices – views which have been taken up by a number of politicians and councillors in their opposition to betting offices generally. However, despite a plethora of newspaper articles and “comments” about the adverse impact of betting offices generally – there has still not been any clear evidence supporting the opposition to betting offices and the number of betting offices in the UK had reduced in recent years.

The Government (whichever party is in charge) is fearful of touching the Gambling Act 2005 and sees any political debate as a “no win” situation. After months of speculation Planning legislation has been changed as of 15 April 2015, which will have an impact on the Betting Industry in England. All new betting offices will require a specific planning permission and have been taken out of a general ‘A2’ financial and professional service use class. Under the previous legislation a betting office fell in the same category as an estate agent / bank / restaurant etc. and did not require a change of use application. This is not now the case.

There were transitional provisions in place to cover the process of conversion to use as a betting office but the transitional period was incredibly short and only lasted up until 15 April 2015. If an operator has a Betting Premises Licence in place before 15 April 2015 then they would have a period of three years up to 15 April 2018 to open the betting shop and trade the premises. It seems very surprising that this transitional period did not even cover the 28 day period which is the consultation time for a new Betting Premises Licence Application. I represent clients who had submitted an application for a Betting Premises Licence prior to the implementation of the new legislation, but their betting premises licence will not be granted until after 15 April 2018.

The new planning legislation will clearly impact to a certain extent on the industry. It is important to note, however, that the planning legislation does not prevent “change of use” and the Planning Authorities will have to process applications in the usual way and applications will be the subject to the usual considerations. There is no “need or demand test” – there is no reference in the legislation to a “concentration or cluster” of betting offices to be a reason for refusal and there is no limit in planning terms on the number of machines allowed in certain areas.

Any application for change of views to a betting shop will be decided on the individual merits of each case and subject to the local authority policy. I have no doubt that a number of “change of use” applications will be refused by local authorities who do not want any more betting offices. We will have to wait to see how those refusals are dealt with on appeal before the new planning legislation settles down.

Should you require any further information please contact me at Andrew@woodswhur.co.uk or on 07738 170138.

The Gambling Commission is currently consulting on the draft 5th Edition of its Guidance to Licensing Authorities: the consultation closes on 22 June 2015. One of the most significant planks of the amendments that will be brought forward in the new Edition will be the introduction of Local Area Profiles, prepared by the authorities themselves, to assess their local environment as a means of “mapping out” local areas of concern surrounding the licensing objectives under the Gambling Act, and the new requirement for operators of land based casinos, bingo halls, betting shops, AGCs and FECs to prepare a Local Risk Assessment whenever they apply for a new gambling premises licence or a variation to an existing licence, or at such other time as the licensing authority may require.

Whilst it is envisaged that, other than at the time of applications, authorities should only require assessments to be submitted when there has been a significant change in local circumstances or at a particular premises that might affect the mitigation of local risk, experts in the sector and amongst local authority licensing teams alike predict that the new requirements will transform the landscape surrounding gambling premises licensing.

The requirement on operators, contained in revisions to the Licence Conditions and Codes of Practice, to prepare Local Risk Assessments, will not apply until 6 April 2016. However, local authorities are already working on their revised Statements of Principles that will take the new measures into account. This is because the new Statements will need to be approved by each authority’s Full Council, which tend to meet only 4 times a year. This in turn means that, in practical terms, the new Statements will need to go before meetings in December if they are to be in place in time.

The Local Area Profile will take account of a wide range of factors, data and information available to local authorities and their partners, such as the police, public health, mental health, housing and education bodies, community welfare groups and safety partnerships and organisations such as Gamcare and local equivalents. They will be aimed at increasing awareness of local risk. An area might be identified as high risk, for example, because of its proximity to a school, youth centre, hostel or rehabilitation centre.

There will be no requirement upon licensing authorities to prepare a Local Area Profile, but the Commission is strongly encouraging authorities along this route and every indication is that the “take up” will be widespread and robust. Where an authority does prepare such a Profile, operators will need to take it into account in preparing their own. Local Risk Assessments, which will be a mandatory requirement.

Local Risk Assessments will be expected to evaluate the local risks to the licensing objectives presented by the provision of gambling facilities at each individual premises, and set out the policies, procedures and control measures that the operator has in place to mitigate those risks.

Local authorities are required to consult upon their Statements of Principles, and the timetable set out above dictates that they will need to issue consultations during the next month or so. Operators should be alive to this, and to the need to have their say on how Local Area Profiles should look.

We can assist our clients by monitoring the release of consultations and in preparing responses, and in drawing up Local Risk Assessments when the new requirement comes into force. For further information, please contact Anna at anna@woodswhur.co.uk.

Licensing enforcement officers, Police licensing officers and operators will have been following the increased use of breathalysers at licensed premises. The joint scheme between Northamptonshire Police and Pub Watch in Northampton town centre was one of the first pilots of breathalysers to sift entrants in to licensed premises.

In that example, if people were found to be over the limit of 80 micrograms per 100ml of breath (which is more than twice the limit for driving) they may be refused entry.

This scheme was based on a similar scheme that had been carried out in Norwich, where the Police suggested that it had helped to achieve a 32% reduction in violent crime in the town.

However, plans by Birmingham bars and clubs to cut violence by breathalysing customers before they are allowed in to the premises met with a chorus of derision.

Forty one venues signed up to a Police and council backed scheme for Broad Street, Digberth and Hurst Street.

The scheme was overwhelmingly opposed with more than 400 comments on the Birmingham Males Facebook page, with many suggesting that the licensing authorities were treating customers like criminals. The Association of Licensed Multiple Retailers (ALMR) said the following: – “We are concerned at the widespread and indiscriminate use of breathalysers in licensed premises and believe that machines are not an appropriate or effective substitute for trained staff in spotting vulnerable customers or diffusing drunken situations calmly.

In our experience the use of a breathalyser is likely to inflame or incite aggravation. This is supported by large numbers of comments made by consumers in recent trials where requests to breathalyse guests have caused offence, with people feeling they are being treated as criminals, and aggressive behaviour towards our door teams.”

Passing comment after considerable research, the ALMR went on to say, “There is no clear evidence that breathalysers reduce violence or crime and while they may have a role to play in deterring drunkenness, that is the context of policing a town centre, not a hospitality environment. We all have a shared objective of promoting a great safe night out, but this initiative sends all the wrong signals to those guests looking for that, in fact it sends exactly the opposite message and implies that the venue or town centre is a no go zone – that is a retrograde step.”

Notwithstanding the criticism other locations have been pushing ahead with the use of a breathalyser test to allow entry in to premises. We have heard of other tests in Shrewsbury, Torquay and York. We have even heard of situations where operators have been threatened with a review of their premises licence if they do not trial the breathalysers voluntarily.

We would of course not condone such threats being issued by Police licensing teams.

I decided to have a look again at this when it was announced in the press this week that a McDonalds in Cambridge, that opens 24 hours, will start to implement breathalyser tests for customers who want to eat inside the restaurant.

Anyone who blows twice the legal driving limit will be denied entry. It is understood that the Cambridge McDonalds is located close to many bars and clubs making it a hot spot for local students and partygoers. The Police have stated that they want people to enjoy themselves and not have their night ruined. Anyone turned away will be given an information leaflet on the dangers of excessive drinking. There have been criticisms by local people of the scheme suggesting that this is a “flagrant and horrific violation of human rights”. Not to be deterred by the criticism, the Police in Cambridge have persuaded Cambridge United Football Club to become one of the first football clubs in the country to start using breathalysers in an attempt to tackle alcohol related crime and disorder. The scheme is funded by Police and Crime Commissioner, Sir Graham Bright, and provides breathalyser kits to security staff allowing them to test people before entry to the ground.

The breathalysers are not used as a requirement to entry, but rather a tool to support security staff who often become the victims of drunken aggressive behaviour.

“It is hoped the scheme will combat alcohol misuse and subsequent anti-social or criminal incidents.” Sir Graham said: “The trend these days is for people to pre-load with alcohol at home before heading out. The result of this can be that people are very drunk towards the end of the evening, putting themselves and others at risk. I want people to enjoy a night out but to do so responsibly. Increasingly, the Police and Health Service are required to deal with the consequences of excessive drinking and I hope this scheme will reduce the number of people who get in to trouble as a result of their drinking.”

We will continue to monitor this growing trend in relation to the use of breathalysers at licensed premises. There are considerable concerns as to the potential negative impact in relation to their introduction, particularly if operators are being almost forced to use them with the threat of having to defend an expensive review if they don’t.

The first week in April is traditionally a time for the advent of new legislation and this year is no exception, with a host of new measures being ushered in before the prorogation of Parliament. Here are some affecting the trade.

The Deregulation Act received Royal Assent on 26 March. As explained by my colleague Andy in this edition of the Licensing News, it brings about a number of changes to the licensing regime, including increasing the number of Temporary Event Notices permitted per premises from 12 to 15 from 1 January 2016, abolishing the requirement to renew personal licences from 1 April 2015, and dispensing with the need to report lost personal and premises licences to the Police before a replacement is issued from 26 May 2015.

The much-awaited relaxation of the rules surrounding regulated entertainment came into force on 6 April. Unamplified live music does not need to be covered by a licence at any time between 8am and 11pm, and now amplified and recorded music can be played between the same times in alcohol licensed premises without a licence, provided that the audience is no more than 500 strong.

The Act also gives Licensing Authorities the power to declare certain areas, premises or hours where the sale of hot food and drink, which would otherwise require to be licensed as late night refreshment between the hours of 11pm and 5am, to be de-regulated. However these changes will need to be brought about by secondary legislation, so this will fall to the new government – of whatever complexion – to progress.

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is now in force and has removed the ‘cap’ on fines that Magistrates’ Courts may hand out in respect of hundreds of offences. This means that a number of offences under the Licensing Act now carry unlimited fines. These include carrying on unlicensed activities (previously capped at £20,000), allowing the sale of alcohol to children (£5,000), persistently selling alcohol to children (£5,000) and contravening a closure order (£20,000).

The Small Business, Enterprise and Employment Act has also received Royal Assent. This commits the next government to deliver the Statutory Code and Adjudicator for pubs by April 2016.

The Deregulation Act introduces a new obligation for regulators to “have regard to the desirability of promoting economic growth”, and to ensure that regulatory action is only taken when necessary and proportionate to do so. It remains to be seen how this curb will operate in practice in the licensing arena.

Finally, The Home Office has published Guidance on how to avoid infringing the ban on selling alcohol at below the cost of duty plus VAT. There is not much here to trouble pubs. Whilst the Guidance helpfully gives duty rates and worked examples of the calculations to be made, the illustration given for pubs is an offer of a table meal with a pint of 4% strength beer included in the price. The total cost must not be below the permitted price of the beer which, at 51p, is unlikely to lead to the re-writing of many menus!