Agenda item

Phil Cook has submitted an application on behalf of Primetime Slots Limited for a Premises Licence for an Adult Gaming Centre under the Gambling Act 2005.

The application seeks authorisation to operate the premises between the hours of 09:00 and 23:00, every day of the week.

The application has attracted four representations from Ward Councillors. The representations raise concerns that granting the licence would be contrary to the licensing objective of protecting children and other vulnerable persons from being harmed or exploited by gambling.

Present:

 

From BCP Council:
Ellie King - Licensing Officer
Johanne McNamara - Legal Advisor to the Sub-Committee
Sinead O'Callaghan - Clerk to the Sub-Committee

 

The Chair made introductions and explained the procedure for the hearing which was agreed by all parties.

 

The Licensing Officer presented a report, a copy of which had been circulated and a copy of which appears as Appendix 'A' to these Minutes in the Minute Book.

 

The Sub-Committee considered additional information submitted after the deadline for the submission of evidence and agreed that it would not be accepted or taken into account when determining the application.

 

Phil Cook had submitted an application on behalf of Primetime Slots Limited for a Premises Licence for an Adult Gaming Centre under the Gambling Act 2005 at Primetime Slots, 209 Ashley Road, Poole, BH14 9DR. The application originally sought authorisation to operate the premises between the hours of 09:00 and 23:00 every day of the week. Prior to the hearing, the applicant amended the application to seek authorisation to operate the premises between 10:00 and 22:00 hours daily.

 

The application attracted four representations from Ward Councillors on the grounds that granting the licence would be contrary to the licensing objective of protecting children and other vulnerable persons from being harmed or exploited by gambling. No representations were received from any Responsible Authorities.

 

The following persons attended the hearing and addressed the Sub-Committee to expand on the points made in written submissions:

 

Phil Cook - The Applicant, Director, Primetime Slots Limited

Jordan Basing - Director, Primetime Slots Limited

Councillor Sandra Mackrow - On behalf of the Ward Councillors who had submitted representations

 

The Sub-Committee asked various questions of all parties present and were grateful for the responses received. All parties had the opportunity to ask questions. All parties were invited to sum up before the Sub-Committee retired to make its decision.

 

Before concluding the hearing, the Legal Advisor advised all parties of the right of appeal.

 

RESOLVED that the application made by Phil Cook on behalf of Primetime Slots Limited for a Premises Licence for an Adult Gaming Centre under the Gambling Act 2005 at Primetime Slots, 209 Ashley Road, Poole, BH14 9DR, to permit the operation of the premises between 10:00 hours and 22:00 hours daily, be GRANTED, subject to the following conditions imposed by the Sub-Committee on determination of the application:

 

• Challenge 25 shall be operated at the premises whereby any person appearing to be under the age of 25 shall be required to produce valid photographic identification before being permitted entry to the premises.
• A comprehensive CCTV system shall be installed and maintained at the premises. The system shall cover both the internal and external areas of the premises and recordings shall be retained for a minimum period of 30 days and made available to an authorised officer or the Police upon request.
• There shall be no reference to slots, gambling or similar gambling-related wording on the external frontage of the premises.

 

Reasons for Decision

 

The Sub-Committee gave detailed consideration to all of the information which had been submitted before the hearing, as contained in the Licensing Officer's report and all of the supplementary papers for Agenda Item 5, including the information provided by the applicant in support of the application and the four written representations received from Ward Councillors in objection, together with the verbal submissions made at the hearing by the Licensing Officer, the applicant's representatives and Councillor Sandra Mackrow on behalf of the Ward Councillors who had submitted representations.

 

The Sub-Committee noted that the application sought a Premises Licence for an Adult Gaming Centre at Primetime Slots, 209 Ashley Road, Poole, and that the applicant already held an Operating Licence issued by the Gambling Commission. The Sub-Committee further noted that no representations had been received from any Responsible Authorities.

 

The Sub-Committee carefully considered the concerns raised by the Ward Councillors regarding the licensing objective of protecting children and other vulnerable persons from being harmed or exploited by gambling. In particular, the Sub-Committee considered concerns relating to the proximity of schools, the presence of vulnerable persons within the locality, and the potential impact of the premises on children and vulnerable persons.

 

The Sub-Committee noted the applicant's evidence regarding the operation of a Challenge 25 policy, staff training, self-exclusion procedures, participation in the SmartEXCLUSION scheme, CCTV monitoring and the physical measures undertaken to prevent visibility into the premises from the street. The Sub-Committee also noted that the windows had been obscured, and additional screening installed to prevent visibility into the premises from outside.

 

The Sub-Committee considered the concerns raised regarding nearby schools and vulnerable persons but was satisfied that the applicant had demonstrated appropriate measures to prevent underage access to the premises and to protect vulnerable persons from gambling-related harm. The Sub-Committee noted that the premises would be continuously supervised whilst open and that appropriate monitoring arrangements would be in place. The Sub-Committee was satisfied that the measures proposed by the applicant, together with the controls required by the Gambling Commission and the additional conditions imposed by the Sub-Committee requiring the operation of a Challenge 25 policy, the installation of CCTV and restrictions on external signage, were sufficient to promote the licensing objective.

 

The Sub-Committee also noted that the applicant had obtained an Operating Licence from the Gambling Commission and had demonstrated an understanding of the measures required to protect children and vulnerable persons from being harmed or exploited by gambling.

 

The Sub-Committee recognised that the Gambling Act 2005 adopts a presumption in favour of permitting applications which are consistent with the licensing objectives, the Gambling Commission's guidance and the Council's Statement of Principles. Having considered all of the information submitted, the Sub-Committee was not satisfied that there was sufficient evidence to justify refusing the application.

 

The Sub-Committee considered it appropriate and proportionate to impose conditions requiring the operation of a Challenge 25 policy and the installation of CCTV, having noted that the Applicant confirmed during the hearing that it would consent to such conditions being imposed should the licence be granted.

 

The Sub-Committee also considered it appropriate and proportionate to impose a condition preventing reference to slots, gambling or similar gambling-related wording on the external frontage of the premises in order to further promote the licensing objective of protecting children and vulnerable persons from being harmed or exploited by gambling. Such a condition is imposed having regard to the proximity of schools and children regularly walking past the premises and the premises being on the a main walking route to Alexandra Park. It was felt that by reducing reference to slots or gambling in any signage would ensure the licensing objective of protecting children and other vulnerable persons from being harmed or exploited by gambling is upheld.

 

In reaching this decision, the Sub-Committee had regard to the Gambling Act 2005, the Gambling Commission's Guidance to Licensing Authorities, BCP Council's Statement of Principles under the Gambling Act 2005, and the licensing objective of protecting children and other vulnerable persons from being harmed or exploited by gambling.