Part 1 (Open to the public)
ITEM NO.
REPORT OF THE LEAD MEMBER FOR LICENSING REGULATORY PANEL
TO THE LICENSING REGULATORY PANEL
ON THURSDAY 22nd MARCH 2007
TITLE: Delegations under Gambling Act 2005
RECOMMENDATIONS: To consider the report and make determinations as
requested
EXECUTIVE SUMMARY: To consider whether to request the delegation of
functions not automatically within the remit of the Licensing Committee under
the Act
BACKGROUND DOCUMENTS: Gambling Act 2005; Local Government Act
1972 and 2000 and associated regulations
(Available for public inspection)
ASSESSMENT OF RISK: Low
SOURCE OF FUNDING: Licence fees
COMMENTS OF THE STRATEGIC DIRECTOR OF CUSTOMER AND
SUPPORT SERVICES (or his representative):
1.
LEGAL IMPLICATIONS:
Provided by: Tracy Barr
2.
FINANCIAL IMPLICATIONS:
Provided by:
3.
ICT STEERING GROUP IMPLICATIONS
Provided by:
PROPERTY (if applicable):
HUMAN RESOURCES (if applicable):
CONTACT OFFICER: Tracy Barr
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WARD(S) TO WHICH REPORT RELATE(S): All
KEY COUNCIL POLICIES: (delete those not appropriate)
Crime and Disorder
DETAILS (Continued overleaf)
Delegations under the Gambling Act 2005
Under this Act, the vast majority of licensing authority functions are delegated to the
licensing committee established under the Licensing Act 2003. However, a limited
number of functions are vested in Full Council and it is a matter of legal debate whether
another specific function is vested in the executive.
The purpose of this report is to draw to the licensing committee’s attention what
functions are presently outside of their remit and what action, if any, they could take to
affect this position.
The licensing committee needs to consider whether it is appropriate to request that any
or all of these functions of the licensing authority be delegated to them, where
permitted by the legislation.
The Gambling Act provides that the following functions lie with Full Council
 Approval of three-year licensing policy statement
 Resolution not to issue casino premises licence
 Setting of fees (where these are not prescribed by the Secretary of State)
 Registration of small society lotteries, and associated powers
The first two of these functions cannot be delegated and must remain with Full Council.
The third and fourth of these functions can, as a matter of law, be delegated. Full
council has the power to delegate either or both of these functions.
The setting of fees will apply to all types of application for licences and notices, where
fees are not prescribed by the Secretary of State. Some detailed regulations have
already been issued which provide for how fee levels can be set in relation to premises
licences. Others fee regulations are expected.
The registration of small society lotteries is administered by the local authority under
the existing legislation and is currently delegated to the principal licensing officer.
Recommendation that the licensing committee decide whether to request Full Council
to delegate the functions of
 Setting of fees (where these are not prescribed by the Secretary of State) to the
Licensing Committee, or Lead Member for the Directorate, or an officer
 Registration of small society lotteries, and associated powers, to the Licensing
Committee or an officer.
The following function has caused great debate as to where it lies within an authority
and if it can be delegated. The Act provides that in certain circumstances where
premises are permitted to sell alcohol under a premises licence, they
 have an automatic entitlement to two category C/D gaming machines, and/or
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
can conduct “exempt” gaming (i.e. low level gaming subject to prescribed limits
and conditions)
The function causing the debate is the power to cancel these rights under s284 of the
Act. The Act appears to vest this power in the licensing authority. The legal debate
centres upon two issues
 whether such power is automatically delegated to the executive or whether it
remains with Full Council, and
 whether either of these bodies has power to delegate the function.
A further legal update will be provided to the Panel at the meeting.
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