Gambling statement of principles

Our statement of principles under the Gambling Act 2005.

1. Chair of Licensing and Safety Committee

1.1 Gambling as in the other Greater Manchester Districts provides jobs and leisure activity. Whist this is good for the economy harmful gambling is increasingly cited as a public health issue because of the related problems affecting individuals, families and communities. The harmful effect of gambling is an issue that has been recognised by all the Authorities within Greater Manchester.

1.2. Since this policy was last reviewed, we have worked with our partners in Greater Manchester to produce the Greater Manchester Gambling harm and reduction programme of supporting community interventions.

1.3. This gambling policy sets out the principles agreed by all Greater Manchester Authorities and determines how we will apply these when considering gambling in Bury:

• developing our understanding of gambling related harms
• improving access to high quality treatment and support
• supporting interventions to prevent gambling from becoming a harmful activity
• engaging with people and communities to co-design our work.

1.4. The Greater Manchester Gambling harm and reduction programme reflects this collaboration across Greater Manchester, with, for the first, time a joint Statement of Gambling Principles approved at local level. The aim is to prevent harm from arising and to ensure that the individuals, families and communities experiencing harm as a result of gambling have access to the right treatment and support

1.5. The Greater Manchester model "doing things differently" means integrating revives around people, places and their needs, focusing on prevention, developing new models of support and sharing information to design and deliver better services. Working across disciplines will provide the skills to understand gambling harm, recognise it and signpost specialists where required.

1.6. This statement of Policy in relation to the Gambling functions that this Authority regulates sets out the approach that will be taken when dealing with permissions it grants and enforces thereafter.

1.7. It also identifies how the Authority will seek to promote the licensing objectives under the Act, namely:

• preventing gambling from being a source of crime or disorder, being associated with crime and disorder or being used to support crime
• ensuring gambling is conducted in a fair and open way
• protecting children and other vulnerable people from being harmed or exploited by gambling.

2. Introduction

2.1. As the licensing authority, we are required to perform the following functions under the Gambling Act:

1. be responsible for licensing premises where gambling activities are to take place by issuing premises licences
2. issue provisional statements where it is proposed that gambling activities will take place but a premises is not yet ready for use
3. regulate members' clubs and miners' welfare institutes who wish to undertake certain gaming activities by issuing club gaming permits and/or club machine permits
4. issue club machine permits to commercial clubs
5. issue permits for unlicensed Family Entertainment Centres where Category D machines may be used
6. receive notifications from premises licensed for on sales of alcohol for use of two or fewer Category C or D gaming machines
7. issue licensed premises gaming machine permits for premises licensed for on sales of alcohol for use of two or more Category C or D machines
8. register small society lotteries
9. issue prize gaming permits
10. receive and endorse Temporary Use Notices for temporary use of premises for gambling
11. receive Occasional Use Notices for betting at tracks.

2.2. Gambling is defined in the Act as either gaming, betting or taking part in a lottery.

2.3. Gaming' means playing a game for the chance to win a prize.

2.4. Betting' means making or accepting a bet on:

• the outcome of a race, competition, or other event
• the likelihood of anything occurring or not occurring
• whether anything is true or not.

2.5. A Lottery is where participants are involved in an arrangement where prizes are allocated wholly by a process of chance.

2.6. The responsibility for regulating gambling is shared between the Gambling Commission and local authorities. The Gambling Commission is responsible for issuing operating licences to organisations and individuals who provide facilities for gambling and personal licences to persons working in the gambling industry. The Commission takes the lead role on ensuring that gambling is conducted in a fair and open way through the administration and enforcement of operating and personal licence requirements. The Commission is also responsible for remote gambling activities such as facilities provided via the internet, television or radio.

2.7. We are also required to:

• provide information to the Gambling Commission regarding details of licences issued
• maintain a register of the permits and licences that are issued under the functions above.

2.8. The council has a responsibility under the Gambling Act 2005 to decide whether to grant or reject applications and in the case of premises licence applications to decide any conditions to apply where the decision is taken to grant. All decisions made by the licensing authority in relation to premises licences (and some other authorisations) are based on the Act, relevant guidance, Codes of Practice, our Gambling Policy and the three licensing objectives.

These objectives are:

• preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime
• ensuring that gambling is conducted in a fair and open way
• protecting children and other vulnerable persons from being harmed or exploited by gambling.

2.9. In the case of premises licences (and some other authorisations), the licensing committee will permit gambling only so far as it is reasonably consistent with these three objectives.

Publication of this Policy

2.10. Licensing authorities have a requirement to develop, consult on, and publish a statement of licensing policy every three years with regards to the principles they propose to apply in exercising functions under the Gambling Act 2005.

2.11. The policy statement forms the licensing authority's mandate for managing local gambling provision and sets out how the licensing authority views the local risk environment and therefore its expectations in relation to operators with premises in the locality.

2.12. The authority is one of the 10 Metropolitan Districts of Greater Manchester. In Greater Manchester we have a shared aim reducing gambling related harms, our approach focuses on preventing gambling harms from occurring, as well as improving how we support our residents who are already experiencing harms, either directly or as a result of someone else's gambling. The renewal of licensing policies presents an opportunity for local authorities to embed these principles. Licensing leads across Greater Manchester have agreed to take a common approach to refreshing gambling licensing policies.

2.13. The following people and organisations have been consulted in preparing the statement:

• British Beer and Pub Association
• HM Customs and Excise
• Gamblers Anonymous
• Greater Manchester Fire and Rescue Service
• Chief Constable
• The Lotteries Council
• The Bingo Association
• Association of British Bookmakers
• Casino Operators
• British Casino Association (BCA)
• Responsibility in Gambling
• Trust Gambling Commission
• TOTE Ladbrokes Plc
• William Hill
• Paul Deans Bookmakers Ltd
• British Holiday and Home Parks Association Club and Institute Union
• Society of Independent Brewers
• Nobles Amusements
• Leisure Link
• Gala Coral Group Ltd
• George Bet Centre's Ltd
• Punch Taverns
• Children's Safeguarding Board
• Limelight Amusements
• Salvation Army
• Six Town Housing
• TRACC
• Betfred
• Holders of existing licenses or registrations within the Borough of Bury
• Bury Council Planning, Environmental Health, Health and Safety, Pollution and Weights and Measures
• Representatives of Bury Faith Forum.

2.14. After the Authority have consulted on this Policy it will be finalised at a Licensing and safety Committee held on 11th November 2021 and ratified, with or without amendments at a full Council meeting to be held on 24th November 2021.

Description of the Area

2.15. Bury Council is one of the ten Metropolitan Districts of Greater Manchester. With a population of 187,900 it occupies an area of 9,919 hectares and consists of 6 towns of Ramsbottom, Tottington, Bury, Radcliffe, Whitefield and Prestwich.

2.16. Bury currently has 19 licensed premises distributed across the following wards, a reduction from the previous 30 licensed premises.

3. General Principals

3.1 In making decisions on premises licences, the licensing authority shall aim to permit the use of premises for gambling in so far as it thinks it:

• in accordance with any relevant code of practice issued by the Gambling Commission
• in accordance with any relevant guidance issued by the Gambling Commission
• reasonably consistent with the licensing objectives
• in accordance with the authority's statement of licensing policy.

3.2. As the licensing authority, we will regulate gambling in the public interest, which will be reflected in this policy statement.

3.3. This policy statement does not undermine the right of any person to make representations on an application or to seek a review of a licence where provision has been made for them to do so.

3.4. This policy does not override anybody's right to make an application, make representations about an application, or apply for a review of a licence.

3.5. Each application will be considered on its merits in accordance with the requirements of the Gambling Act and without regard to demand.

Other regulatory regimes

3.6. The licensing authority will avoid duplication with other regulatory regimes, so far as possible. A range of general duties are imposed on the self employed, employers and operators of gambling premises, both in respect of employees and of the general public, by legislation governing health and safety at work and fire safety. Therefore, such requirements do not need to be included in the policy statement.

Responsible Authorities

3.7. Responsible Authorities are generally public bodies that must be notified of all applications and who are entitled to make representations to the Council if they are relevant to one or more of the licensing objectives.

3.8. Section 157 of the Act defines those authorities. For this area they are:

• The Gambling Commission
• Greater Manchester Police
• Greater Manchester Fire and Rescue
• The Planning Authority
• The authority which has functions in relation to pollution to the environment or harm to human health
• Bury Safeguarding Board
• HM Revenue and Customs
• The Licensing Authority.

3.9. The contact details of all the Responsible Authorities are available are set out in Appendix 1.

3.10. The licensing authority has designated the Bury Safeguarding Board as the body that is competent to advise it about the protection of children from harm. The principles that have been used in making this designation is that the board is:

• responsible for the whole of the licensing authority's area
• answerable to democratically elected persons.

Public Health

3.11. While gambling can be an enjoyable activity, it is a source of harm for many.

• Note: Citizens Advice website gives an exploration of the causes and impacts of problem gambling and the Institute for Public Policy Research (IPPR) published a 'cards on the table' article around the cost to government associated with people who are problem gamblers in Britain.

3.12. Research suggests that in a city region like Greater Manchester there are approximately 39,000 people living with a gambling disorder, with a further 118,000 at risk, however we know that self reported surveys underestimate true prevalence of harm given the unfortunate shame and stigma associated with gambling disorder. For every person who gambles, it is estimated that between six and ten people are 'affected others' and experience similar harms. These may be dependents, parents, partners, friends, or colleagues. [See note 2].

• Note: citation report of problem gambling in Leeds, published by Leeds City Council.

3.13. Anyone who gambles is vulnerable to harm. Men, younger adults (aged 18 to 34) and adults from a lower socioeconomic or black and minority ethnic backgrounds are more likely to be classified as gamblers experiencing some level of harm. Gambling related harms are often described at an individual level, however these harms have a wider impact on communities and society with costs to the UK, as a whole, estimated at being between £260m and £1.16bn. 

• Note: Be Gamble Aware published a treatment needs and gap analysis report for Great Britain.

3.14. People living with, or at risk of developing, a gambling disorder may experience stress, anxiety and depression, financial losses, debts and exhibit compulsive behaviours, such as chasing losses. Gambling related harms may accrue over a long period of time or very quickly at a time of crisis, many harms have a lasting legacy beyond initial recovery from gambling disorder. Harms associated with gambling include poor mental health and wellbeing, relationship breakdown, neglect of other priorities in life, poor performance at work or school and criminal activity. It is estimated that for every day of the year, one person takes their own life as a result of gambling disorder.

3.15. Awareness of gambling harms as an emerging public health problem has increased in recent years, however Public Health are not a responsible authority under the Gambling Act 2005. Nonetheless, the licensing authority will consult the Director of Public Health on all premises licence applications and will advise the Director of Public Health to consider the use of the Gambling Commission's toolkit for public health and safeguarding:

3.16. Greater Manchester has a gambling harms reduction programme (which aims to reduce the harms caused by gambling to the population. Licence applicants and holders will be expected to show how they are actively protecting the local population from gambling harms with their processes and operations, and consider how the location, opening hours and promotion of their activities can minimize opportunities for harm to the vulnerable groups listed above.

3.17. The licensing authority recognises that local authority public health teams can offer insights from those impacted by gambling harms and offer contextual information about treatment and support in the local area and can add value to the licensing application process where there are concerns raised about risk of harm to vulnerable groups locally.

3.18. Greater Manchester's gambling harms reduction programme is listening to residents with lived experience of gambling and is commissioning its own research to better understand problem gambling in the region. As findings from this research emerge, licence holders will be expected to support the delivery of recommendations to help minimize gambling harms to the local populations.

Gambling related harm

3.19. Between 61 and 73 percent of British adults gamble to some extent each year. For the majority of these people, gambling is a harmless and sociable activity. However, between 0.4 and 1.1 percent of British adults are estimated to be 'problem gamblers' who experience harm as a consequence of their gambling. A further 4 percent are estimated to be 'at risk gamblers' who may go on to become problem gamblers. 

• Note: Institute for Public Policy and Research (2016), cards on the table article.
  

3.20. Problem gambling has been defined as 'gambling to a degree that compromises, disrupts or damages family, personal or recreational pursuits'.

• Note: Lesieur, H. R. and Rosenthal, M. D. (1991). Pathological gambling: A review of the literature (prepared for the American Psychiatric Association Task Force on DSM-IV Committee on disorders of impulse control not elsewhere classified). Journal of Gambling Studies, 7 (1), 5-40.
  

Males are 5 times more likely than females to be problem gamblers. Problem gambling also varies by age with young people aged 16 to 24 the most likely to be affected. Problem gambling disproportionately affects people on low incomes and those from ethnic minorities. Individuals of Asian/Asian British heritage and Black/Black British heritage are more likely to be problem gamblers than people who identify as White/White British. 

• Note: Institute for Public Policy and Research (2016), cards on the table article.

3.21. For problem gamblers, harms can include higher levels of physical and mental illness, debt problems, relationship breakdown and criminality. Problem gambling is also associated with domestic violence and substance misuse. Harms from gambling affect far more people than just the problem gambler: it is estimated that for every harmful gambler, between 6 and 10 additional people are directly affected, such as friends, family or colleagues. Problem gambling also has a significant impact on public finances due to increased costs to the welfare, housing, health and criminal justice sectors. For these reasons, gambling related harm is increasingly recognised as a public health issue.

• Note: Local Government Association and Public Health England (2018). Tackling gambling related harm; a whole council approach.

Interested parties

Determining whether a person is an interested part in relation to a premises licence, or an application for or in respect of a premises licence.

3.22 For the purposes of the Gambling Act, an 'interested party' is:

• a. Someone who lives sufficiently close to the premises to be likely to be affected by the gambling premises
• b. Has business interests that might be affected by the authorised activities
• c. Represents persons who satisfy paragraph (a) or (b)

3.23. Whether or not a person is an 'interested party' is ultimately the decision of the Licensing Authority which issues the licence or to which the application is made.

3.24. To determine who lives 'sufficiently close to the premises to be likely to be affected by the 'gambling premises', we will consider the following on a case by case basis the:

• size of the gambling premises
• nature of the gambling premises
• distance of the premises from the address of the person making the representation
• potential impact of the premises (numbers of customers, routes likely to be taken by those visiting the premises
• circumstances of the person who lives close to the premises. This is not their personal characteristics, but their interests which may be relevant to the distance from the premises for example; 'sufficiently close to be likely to be affected' could have a different meaning for (a) a private resident (b) a residential school for children with truanting problems and (c) a residential hostel for vulnerable adults
• catchment area of the premises, for example; how far people travel to visit it).

3.25. Having a 'business interest' will be given the widest possible interpretation and include community and voluntary groups, schools, charities, faith groups and medical practices. The licensing authority will consider the following factors relevant when determining whether a person's business interests may be affected:

• the size of the premises
• the 'catchment' area of the premises, for example; how far people travel to visit it
• whether the person making the representation has business interests in the affected catchment.

3.26. In so far as who represents persons who satisfy paragraphs (a) or (b), this would include for example:

• i. Residents' associations and tenants' associations
• ii. Trade associations and trade unions
• iii. Any other person with written permission from somebody who satisfies paragraph (i) or (ii)
• iv. Local councillors and MPs.

Information exchange

Exchange of information between the licensing authority and the Gambling Commission (s29 and s30 of Gambling Act 2005), and the exchange of information between the licensing authority and other persons listed in Schedule 6 of the Act.

3.27. The licensing authority may share application information received in the course of processing applications with the Gambling Commission, a constable or police force, an enforcement officer, another Licensing Authority, her Majesty's Commissioners of Customs and Excise, The Gambling Appeal Tribunal, The National Lottery Commission, The Secretary of State or Scottish Ministers.

3.28. We will abide by the Freedom of Information Act and the General Data Protection Regulation (GDPR) in its safeguarding/release of information or data.

3.29. In the context of the Gambling Act, we will retain only that information which relates to the processing of applications for licences, permits, permissions and representations. Applications and representations in respect of applications are both in the public domain and are therefore available on request and may be published as part of our web register. Personal addresses/contact numbers attached with representations may also be released. Information may also be shared with other Gambling Act regulators or other parties prescribed by the Secretary of State.

3.30. Licensing authorities have statutory duties to notify the Commission as well as the applicant and other responsible authorities of the grant/rejection of applications that are new, variations or transfers, as well as the revocation, surrender or lapse of a premises licence using the correct statutory forms.

3.31. We will inform the Gambling Commission without delay if:

• the Licensing Authority receives information that causes it to question the suitability of the person holding/applying to hold an operating licence
• there are persistent or serious disorder problems that an operator could or should do more to prevent, so that the Commission may consider the continuing suitability of the operator to hold an operating licence
• if it comes to our attention that: alcohol licensed premises or clubs or institutes are playing bingo during the course of a week which involves significant stakes and prizes and makes it possible that the £2,000 in seven days is being exceeded.

3.32. The licensing authority will act in accordance with the relevant legislation and guidance from the Commission and will adopt the principles of better regulation.

Licensing functions

Functions of the licensing authority under Part 15 of the Gambling Act 2005 with respect to the inspection of premises and the power under s346 of the Act to institute criminal proceedings in respect of the offences specified in that section.

3.33. Our principal enforcement role under the Gambling Act is to ensure compliance with the conditions of the premises licence and legal requirements in respect of other permissions the licensing authority regulates. However, we will also ensure that any unlicensed premises which are operating illegally are dealt with appropriately to ensure compliance. Where appropriate, we will work with the Gambling Commission in our enforcement activity. The Council will adopt a risk based inspection and enforcement programme, which will mean giving greater attention to high risk premises and a lighter touch for low risk premises. In all cases we will ensure our inspection and enforcement programme is operated in accordance with any codes of practice issued by the Gambling Commission, in accordance with the Government's Enforcement Concordat and the Compliance Code.

3.34. The Council will take account of the Gambling Commissions guidance document issued in February 2015 (or any subsequent amendments) 'Approach to Test Purchasing' when considering making test purchases at gambling premises. The Council will also follow its own policies and procedures regarding the use of underage test purchasers.

3.35. This licensing authority will be guided by the Gambling Commission's Guidance for local authorities and will endeavour to be:

• Proportionate: regulators should only intervene when necessary: remedies should be appropriate to the risk posed, and costs identified and minimised
• Accountable: regulators must be able to justify decisions, and be subject to public scrutiny
• Consistent: rules and standards must be joined up and implemented fairly
• Transparent: regulators should be open, and keep regulations simple and user friendly
• Targeted: regulation should be focused on the problem, and minimise side effects.

3.36. Where there is a Primary Authority scheme in place, the council will seek guidance from the Primary Authority before taking any enforcement action. At the time of the publication of this policy there were seven Primary Authority arrangements with host local authorities:

Commenting on a licence application

3.38. If 'interested parties' (see below for definition) or 'responsible authorities' wish to comment on an application for a premises licence relating to the licensing objectives, they can make a 'representation'. The Licensing Authority can only consider representations if made by either an 'interested party' or 'responsible authority'.

3.39. A representation is a statement that outlines any comments that the party making the representation wants to be taken into consideration by the Licensing Authority when determining the application. In all cases representations will need to be 'relevant'. The only representations likely to be relevant are those that meet one or more of the following criteria:

• relate to the licensing objectives
• relate to relevant matters in our gambling policy
• relate to relevant matters in the Gambling Commission's Guidance to Local Authorities
• relate to relevant matters in the Gambling Commission's Codes of Practice
• relate to the premises that are the subject of the application
• are neither frivolous nor vexatious nor will certainly not influence the authority's determination of the application.

Factors that will not be relevant

3.40. Any objections to new premises or requests for a review should be based on the licensing objectives of the Act. Unlike the Licensing Act 2003, the Act does not include the prevention of public nuisance as a specific licensing objective.

3.41. The licensing authority will not take into account representations that are:

• repetitive, vexatious or frivolous
• from a rival gambling business where the basis of the representation is unwanted competition
• moral objections to gambling
• concerned with expected demand for gambling
• anonymous.

3.42. Details of applications and representations referred to a licensing sub-committee for determination will be published in reports that are made publicly available and placed on the council's website in accordance with the Local Government Act 1972 and the Freedom of Information Act 2000. Personal details will however be removed from representations in the final website version of reports.

3.43. Names and addresses of people making representations will be disclosed to applicants and only be withheld from publication on the grounds of personal safety where the licensing authority is specifically asked to do so.

Split Premises

3.44. The Licensing Authority will always give the closest consideration to whether a sub-division has created separate premises meriting a separate machine entitlement. The Authority will not automatically grant a licence for sub-divided premises even if the mandatory conditions are met, particularly where the Authority considers that this has been done in order to sidestep controls on the number of machines which can be provided in a single premise. The Authority will consider if the sub-division has harmed the licensing objective of protecting the vulnerable.

The Authority may also take into account other relevant factors as they arise on a case by case basis.

Premises ready for gambling

3.45. A licence to use premises for gambling will only be issued in relation to premises:

• that the Authority can be satisfied are going to be ready to be used for gambling in the reasonably near future, consistent with the scale of building or alterations required before the premises are brought into use
• where they are expected to be used for the gambling activity named on the licence.

3.46. If the construction of a premises is not yet complete, or if they need alteration, or if the applicant does not yet have a right to occupy them, then an application for a provisional statement should be made instead.

3.47. In deciding whether a premises licence can be granted where there are outstanding construction or alteration works at a premises, this authority will determine applications on their merits, applying a two stage consideration process:

1. whether the premises ought to be permitted to be used for gambling
2. whether appropriate conditions can be put in place to cater for the situation that the premises are not yet in the state in which they ought to be before gambling takes place.

3.48. Applicants should note that this Authority is entitled to decide that it is appropriate to grant a licence subject to conditions, but it is not obliged to grant such a licence.

3.49. When dealing with a premises licence application for finished buildings, the licensing authority will not take into account:

• whether those buildings have to comply with the necessary planning or building consents
• fire or health and safety risks.

3.50. Those matters should be dealt with under relevant planning control, building and other regulations, and must not form part of the consideration for the premises licence.

3.51. It is noted that's s.210 of the Act prevents licensing authorities taking into account the likelihood of the proposal by the applicant obtaining planning or building consent when considering a premises licence application. Equally, the grant of a gambling premises licence does not prejudice or prevent any action that may be appropriate under the law relating to planning or building

Applications and plans

3.52. The Gambling Act (s51) requires applicants to submit plans of the premises with their application, in order to ensure that the Licensing Authority has the necessary information to make an informed judgement about whether the premises are fit for gambling. The plan will also be used for the Authority to plan future premises inspection activity.

3.53. It is the local authority's policy that it will expect applicants for new premises licences and variations to provide a plan showing the indicative layout of the plan including, but not limited to:

• machines, specified by category
• staff counters.

3.54. We consider that this information is appropriate, in conjunction with the premises' risk assessment, to effectively assess the provision of gambling facilities at the premises. Where this information is not provided, it is more likely that a representation will be made in order to enable the licensing authority to accurately assess the likely effect of granting the application relative to the LCCP and licensing objectives.

3.55. The premises plan in itself is only one means by which the licensing authority may seek reassurance that the requirements will be met. It may be that conditions attached to the premises licence regarding lines of sight between the counter and the gaming machines, staffing arrangements or security devices are a more effective method of doing so. Local circumstances and concerns and the layout of a particular premises may well determine what is most appropriate for an individual application.

Tracks

3.56. Plans for tracks do not need to be in a particular scale but should be drawn to scale and should be sufficiently detailed to include the information required by regulations. Some tracks may be situated on agricultural land where the perimeter is not defined by virtue of an outer wall or fence, such as point to point racetracks.

In such instances, where an entry fee is levied, track premises licence holders may erect temporary structures to restrict access to premises =In the rare cases where the outer perimeter cannot be defined, it is likely that the track in question will not be specifically designed for the frequent holding of sporting events or races. In such cases betting facilities may be better provided through occasional use notices where the boundary premises do not need to be defined.

3.57. This authority appreciates that it is sometimes difficult to define the precise location of betting areas on tracks. The precise location of where betting facilities are provided is not required to be shown on track plans, both by virtue of the fact that betting is permitted anywhere on the premises and because of the difficulties associated with pinpointing exact locations for some types of track.

3.58. Applicants should provide sufficient information that this authority can satisfy itself that the plan indicates the main areas where betting might take place. For racecourses in particular, any betting areas subject to the 'five times rule, commonly known as betting rings, must be indicated on the plan.

Determining premises licences

4. How the Licensing Authority decides whether to grant or refuse an application.

4.1. Where we receive an application for a gambling premises licence, we will aim to permit the use of premises for gambling where it is considered:

• a) In accordance with any relevant code of practice issued by the Gambling Commission
• b) In accordance with any relevant guidance issued by the Gambling Commission
• c) Reasonably consistent with the licensing objectives (subject to a and b) and
• d) In accordance with this policy (subject to a to c).

4.2. The Licensing Authority has no discretion to either grant or refuse premises licences in circumstances that would mean departing from the above for example; the committee cannot reject applications on moral grounds.

4.3. Each case will be decided on its merits.

4.4. The Licensing Authority will not have regard to any demand issues for the premises.

4.5. Where an area has known high levels of organised crime the licensing authority will consider carefully whether gambling premises are suitable to be located there and whether conditions may be suitable such as the provision of door supervisors.

4.6. Rather than reject applications outright, wherever possible the Licensing Authority will look to work with gambling premises and tackle concerns with licence conditions that uphold the licensing objectives. However, where there are reasons that granting a licence would not be consistent with (a) to (d) above, the application will normally be refused.

4.7. In accordance with the Guidance from the Gambling Commission, we will circulate 'clear and comprehensive' reasons for any decision to all parties. We will also cite the extent to which decisions have been made in accordance with the Council's gambling policy and the Guidance from the Gambling Commission.

How the licensing committee decides what conditions to apply to premises licences

4.8. Premises Licences may be subject to any or all of the following:

• Conditions specified in the Gambling Act 2005
• Conditions specified in the regulations issued by the Secretary of State
• Conditions attached by Bury
• Council's Licensing and safety Committee following a hearing (where necessary).

4.9. With respect to conditions, licensing authorities are able to:

• Issue licences without modifying conditions set out in the Act and by the Secretary of State
• Exclude default conditions
• Attach conditions where it is believed to be appropriate
• Conditions may be general in nature, for example; they attach to all licences of a particular premises type such as all casinos or they may be specific to a particular licence.

4.10. We will ensure that any conditions we impose are:

• Proportionate to the circumstances which they are seeking to address
• Relevant to the need to make the proposed building suitable as a gambling facility
• Directly related to the premises and the type of licence applied for
• Fairly and reasonably related to the scale and type of premises
• Reasonable in all other respects.

4.11. There are also conditions, which the licensing authority cannot attach to premises licences:

• Conditions on a premises licence which make it impossible to comply with an operating licence condition
• Conditions relating to gaming machine categories, numbers, or method of operation
• Conditions that require membership of a club or body. (The Gambling Act specifically removes the membership requirement for casino and bingo clubs and this provision prevents it being reinstated)
• Conditions relating to stakes, fees, winnings or prizes
• Conditions relating to demand for the premises.

4.12. Decisions about conditions will be taken on a case by case basis considering Gambling Commission guidance, Gambling Commission Codes of Practice, the Licensing Objectives and our policy.

Determining whether to review a licence

4.13. After a licence is granted, where the day to day operation of a gambling premises is not felt to be 'reasonably consistent with the licensing objectives', a review of the premises licence can be requested at any time.

4.14. A review may be initiated by the Licensing Authority or as a result of an application for review from an interested party or responsible authority. Where it is the Licensing Authority that initiate the review, they may do this for a whole class of premises, for example all Adult Gaming Centres or in relation to particular premises. The Licensing Authority can review a licence for any reason it thinks appropriate.

4.15. Where an application for review is received from an interested party or responsible authority, as a licensing authority we must decide whether to go ahead with the review. The application for review will be considered based on the following:

• does the request raise issues other than those found under the Gambling Commission's Guidance, Codes of Practice, the Licensing Objectives or our gambling policy?
• is it irrelevant, frivolous or vexatious?
• is it so minor that the authority will certainly not wish to revoke or suspend the licence or remove, amend or attach conditions?
• is it substantially the same as a previous application for review relating to the same premises?
• is the application for review substantially the same as a representation made at the time the application for a premises licence was considered?

4.16. If the answer to any of the above questions is 'yes', the request for review may be rejected. The purpose of the review is to determine if the licensing committee should take any action in relation to the licence. If action is needed, the options are to either:

• revoke the premises licence
• suspend the premises licence for a period not exceeding three months
• exclude a default condition imposed by the Secretary of State (relating to, for example, opening hours) or remove or amend such an exclusion
• add, remove or amend a licence condition previously imposed by the Licensing Authority.

4.17. To decide what action, if any, needs to be taken following an application for review, the licensing committee will make its determination in:

• accordance with any relevant code of practice issued by the Gambling Commission
• accordance with relevant guidance issued by the Gambling Commission
• so far as it is reasonably consistent with the licensing objectives
• accordance with the authority's statement of licensing policy.

4.18. The committee will also consider any relevant representations and information given at the hearing. Codes or practice and the guidance referred to above may be obtained from the Gambling Commission.

5. Relevant factors when considering applications and reviews

5.1. In considering applications for new gambling licences, variations to existing licences and licence reviews the licensing authority will consider the following matters:

• the location of the premises
• the Local Area Profile
• the Local Risk Assessment (LRA)
• the views of responsible authorities
• the views of interested parties
• compliance history of current management
• the hours of operation
• the type of premises
• the operation of the premises in accordance with the expectations of the licensing authority, as set out in this policy
• the physical suitability of the premises
• the levels of crime and disorder in the area
• the level of deprivation and ill health in the area.

5.2. The Licensing Authority believes that this list is not exhaustive and there may be other factors which may arise that could be considered relevant. The Licensing Authority will consider the relevance of any additional factors raised on a case by case basis.

Location of the premises

5.3. The location of the premises will be an important factor as it can impact on all three of the licensing objectives. The Licensing Authority will consider very carefully applications for premises licences that are located in close proximity to sensitive premises such as:

• schools, including universities
• parks, stations, other transport hubs and places where large numbers of school children might be expected
• other premises licensed for gambling
• premises licensed for alcohol
• children's and vulnerable persons' centres and accommodation
• youth and community centres
• health and treatment centres
• leisure centres used for sporting and similar activities by young persons and/or vulnerable persons
• religious centres and public places of worship

5.4. The Licensing Authority expects each premises to produce and keep on the premises a local risk assessment, covering the areas set out in this policy.

Local risk assessments

5.5. Licensees are required to undertake a local risk assessment when applying for a new premises licence. Their risk assessment must also be updated:

• when applying for a variation of a premises licence
• to take account of significant changes in local circumstances, including those identified in a licensing authority's policy statement
• when there are significant changes at a licensee's premises that may affect their mitigation of local risks.

5.6. Licensees must assess the local risks to the licensing objectives posed by the provision of gambling facilities at each of their premises, and have policies, procedures and control measures to mitigate those risks. In undertaking their risk assessments, they must consider relevant matters identified in the licensing authority's policy statement.

5.7. In conducting their risk assessment, the Licensing Authority will expect operators to follow the general principles of risk assessment:

1. Identify hazards (think about what may cause harm using the information provided below as a guide and any other matters you consider relevant)
2. Assess the risks (decide how likely it is that someone could be harmed and how serious it could be. This is assessing the level of risk). Decide:
   • i) Who might be harmed and how
   • ii) What you're already doing to control the risks
   • iii) What further action you need to take to control the risks
   • iv) Who needs to carry out the action
   • v) When the action is needed by
3. Control the risks (Look at what you're already doing, and the controls you already have in place.) Ask yourself:
   • i) Can I get rid of the hazard altogether?
   • ii) If not, how can I control the risks so that harm is unlikely?
4. Record your findings (record your significant findings), including:
   • i) the hazards (things that may cause harm)
   • ii) who might be harmed and how
   • iii) what you are doing to control the risks
5. Review the controls. (You must review the controls you have put in place to make sure they are working.) You should also review them if:
   • i) they may no longer be effective
   • ii) Also consider a review if your workers have spotted any problems or there have been any accidents or near misses.
   • iii) to take account of significant changes in local circumstances, including those identified in this policy statement
   • iv) when there are significant changes at the premises that may affect your mitigation of local risks
   • v) Update your risk assessment record with any changes you make.

5.8. The Licensing Authority considers the following as significant changes at the premises that may affect your mitigation of local risks:

• staffing changes
• layout of the premises
• changes to gaming facilities provided.

5.9. The Authority will expect the local risk assessment to consider the urban setting:

• the proximity of the premises to schools
• the commercial environment
• factors affecting the footfall
• whether the premises is in an area of deprivation
• whether the premises is in an area subject to high levels of crime and/or disorder
• the ethnic profile of residents in the area.
• the demographics of the area in relation to vulnerable groups
• the location of services for children such as schools, playgrounds, toy shops, leisure centres and other areas where children will gather
• the range of facilities in the local area such as other gambling outlets, banks, post offices, refreshment and entertainment type facilities
• known problems in the area such as problems arising from street drinkers, youths participating in anti-social behaviour or drug dealing activity
• the proximity of churches, mosques, temples or any other place of worship.

5.10. The local risk assessment must show how vulnerable people, including people with gambling dependencies, are protected through:

• the training of staff in brief intervention when customers show signs of excessive gambling, the ability of staff to offer brief intervention and how the manning of premises affects this
• information held by the licensee regarding self-exclusions and incidences of underage gambling
• arrangements in place for local exchange of anonymised information regarding self-exclusion and gaming trends
• gaming trends that may mirror days for financial payments such as pay days or benefit payments
• arrangements for monitoring and dealing with underage people and vulnerable people, which may include;
  • dedicated and trained personnel
  • leaflets and posters
  • self-exclusion schemes
  • window displays and advertisements designed to not entice children and vulnerable people
• the provision of signage and documents relating to games rules, gambling care providers and other relevant information be provided in both English and the other prominent first language for that locality
• the proximity of premises that may be frequented by vulnerable people such as hospitals, residential care homes, medical facilities, doctor surgeries, council community hubs, addiction clinics or help centres, places where alcohol or drug dependent people may congregate.

5.11. The local risk assessment should show how children are to be protected:

• the proximity of institutions, places or areas where children and young people frequent such as schools, youth clubs, parks, playgrounds and entertainment venues such as bowling allies or cinemas
• the proximity of place where children congregate such as bus stops, cafes or shops
• areas that are prone to issues of youths participating in anti-social behaviour, including activities such as graffiti, tagging or underage drinking.

5.12. Other matters that the assessment will include as appropriate:

• details as to the location and coverage of working CCTV cameras, and how the system will be monitored
• the layout of the premises so that staff have an unobstructed view of people using the premises
• the number of staff that will be available on the premises at any one time. If at any time that number is one, confirm the supervisory and monitoring arrangements when that person is absent from the licensed area or distracted from supervising the premises and observing those people using the premises
• where the application is for a betting premises licence, other than in respect of a track, the location and extent of any part of the premises which will be used to provide facilities for gambling in reliance on the licence.

5.13. Such information may be used to inform the decision the Authority makes about whether to grant the licence, to grant the licence with special conditions, or to refuse the application.

5.14. This policy does not preclude any application being made and each application will be decided on its merits, with the onus being upon the applicant to show how the concerns can be overcome.

Local Area Profile

5.15. The Greater Manchester Gambling Harms Reduction programme is listening to residents with lived experience of gambling and is commissioning its own research to better understand problem gambling in the region. As findings from this research emerge, license holders will be expected to support the delivery of recommendations to help minimize gambling harms to the local populations. This research and evidence is available on the Greater Manchester Combined Authority website understanding gambling related harms and should be referred to in Local Risk Assessments.

How the premises will operate consistent with the licensing objectives

5.16. We expect high standards from all gambling premises. Operators will be expected to demonstrate that they have given careful consideration to the licensing objectives and have appropriate measures in place to uphold them.

5.17. The following paragraphs indicate the physical and management factors that the licensing authority may take into account when considering applications for new, varied licence applications and reviews. These are not mandatory requirements but should be used as a guide to applicants and licensees as to the sort of arrangements that it should have in place and demonstrate these are in place through their bespoke risk assessment. Where an applicant or licensee can demonstrate that these factors are not relevant, or alternative arrangements are more appropriate, the licensing authority will take these into account.

Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime

5.18. The Gambling Commission play a leading role in preventing gambling from being a source of crime, through maintaining rigorous procedures that aim to prevent criminals from providing facilities for gambling, or being associated with doing so, as a result of the operating licence procedure.

5.19. However, as a Licensing Authority, we will take into account any local considerations that may impact with regard to this licensing objective, particularly in respect to the location of the premises, to ensure the suitability of the gambling premises. When considering whether a disturbance was serious enough to constitute disorder, we will have regard to the individual merits of the situation including, but not limited to, whether police assistance was required and how threatening the behaviour was to those who could see or hear it. We acknowledge that the Gambling Commission highlights in its guidance to local authorities that "disorder is intended to mean activity that is more serious and disruptive than mere nuisance".

5.20. Whilst regulatory issues arising from the prevention of disorder are likely to focus almost exclusively on premises licensing, rather than on operating licences; if there are persistent or serious disorder problems that we consider an operator could or should do more to prevent, we will bring this to the attention of the Commission so that it can consider the continuing suitability of the operator to hold an operating licence

5.21. Licensees and applicants will be expected to demonstrate that they have given careful consideration to preventing gambling from being a source of crime and disorder, being associated with crime or disorder or being used to support crime.

5.22. In addition to the need to consult a local Crime Reduction Officer, the operators of new premises/premises undergoing a refurbishment should also engage with the police's architectural liaison unit at the design stage to ensure crime prevention and detection.

5.23. We encourage that premises liaise with their Neighbourhood Policing Team to develop relationships at a local level and promote effective communication and cooperation. Additionally, operators are expected to actively support and participate in any local business partnership schemes, where any such schemes are in operation, and where such schemes are reasonably consistent with the licensing objectives.

5.24. The measures to be considered should include:

• the arrangements in place to control access (preventing unauthorised access shall not be limited to the provision of supervisory personnel; other options may include, but are not limited to, time lock or maglock entrances)
• the opening hours
• the provision of registered door supervisors*
• the provision of CCTV
• the number of staff on duty and effective staff training, especially in relation to lone working
• the provision of toilet facilities
• prevention of antisocial behaviour associated with the premises, such as street drinking, litter, activity outside the premises including the management of clients leaving the premises
• adequate lighting inside and out (appropriate to the premises in question) to ensure against robbery and other covert activity.

* Only staff directly employed by Casinos and Bingo Clubs have an exemption from SIA registration. Where door supervisors are provided at these premises the operator should ensure that any people employed in this capacity are fit and proper to carry out such duties. Possible ways to achieve this could be to carry out a criminal records (DBS) check on potential staff and for such personnel to have attended industry recognised training.

Ensuring that gambling is conducted in a fair and open way

5.25. Generally, this objective will be addressed by the:

• management of the gambling business (in conjunction with the Gambling Commission, who are responsible for issuing and enforcement of the operating licence)
• personal licence holders proving their suitability and actions (which again is the responsibility of the Gambling Commission).

5.26. Where we suspect that gambling is not being conducted in a fair and open way, we will bring this to the attention of the Gambling Commission, for their further consideration, and work in partnership with their officers In the case of those premises that do not hold an operating licence such as tracks, additional conditions may be required dependent on the risks outlined in the application.

Protecting children and other vulnerable persons from being harmed or exploited by gambling

5.27. The Gambling Act defines 'children' as those persons under 16 years of age and 'young persons' as those persons aged 16 or 17 years of age. The term 'vulnerable persons' is not defined and what constitutes harm or exploitation will have to be considered on a case by case basis.

5.28. Gambling related harms are the adverse impacts from gambling on the health and wellbeing of individuals, families, communities and society. These harms are diverse, affecting resources, relationships and health, and may reflect an interplay between individual, family and community processes. The harmful effects from gambling may be short lived but can persist, having longer term and enduring consequences that can exacerbate existing inequalities.

5.29. Regard will be had to current evidence in relation to vulnerability to gambling related harm. In 2015, Manchester City Council in partnership with Westminster Council commissioned research into this issue and published a report: Exploring area based vulnerability to gambling related harm: Who is vulnerable? Findings from a quick scoping review by Heather Wardle, Gambling and Place Research Hub, Geofutures 13th July 2015. Similarly, In 2016 Leeds City Council commissioned Leeds Beckett University to undertake research into Problem Gambling (Problem Gambling in Leeds; Kenyon, Ormerod, Parsons and Wardle, 2016) looking specifically at identifying groups of the society that could be considered (more) vulnerable to problem gambling:

• younger people, including students
• those who are unemployed and/or with constrained financial circumstances
• those from minority ethnic groups
• those under the influence of alcohol or drugs
• problem gamblers seeking treatment
• homeless people
• those living in areas of greater deprivation
• those with other mental health issues and substance abuse/misuse disorders
• those with poorer intellectual functioning
• custodial and non-custodial offenders.

5.30. Licensees and applicants will be expected to demonstrate they have carefully considered how to protect children and vulnerable persons from harm and have adequate arrangements for preventing underage gambling on their premises. The measures that should be considered where appropriate are:

• the provision of CCTV
• location of entrances
• restricted opening and closing times to protect residents vulnerable to harm
• supervision of entrances
• controlled access to the premises by children under the age of 18
• dealing with pupils who are truanting, and policies to address seasonal periods where children may more frequently attempt to gain access to premises and gamble such as pre and post school hours, half term and school holidays
• design layout, lighting, fit out to not attract children or vulnerable persons having a nationally recognised proof of age scheme of Think 21/25
• the provision of registered door supervisors
• clear segregation between gaming and non gaming areas in premises frequented by children
• the provision of adequate signage and notices
• supervision of machine areas in premises, particularly areas to which children are admitted
• controlled opening hours
• effective self barring schemes
• the provision of materials for GamCare, Betknowmore UK or similar, Citizens Advice Bureau information, local public and mental health and housing or homeless associations, printed in languages appropriate to the customer base
• advertising local support services in the area such as Beacon Counselling Trust or the NHS Gambling Clinic.
• the number of staff on duty and effective staff training, especially in relation to the ability to effectively Identify and engage with vulnerable persons, including primary intervention and escalation
• a requirement that children must be accompanied by an adult (in premises where children are allowed)
• enhanced DBS checks of staff
• obscuring windows where appropriate and labelling premises so it is clear that they are gambling premises
• self exclusion schemes.

5.31. With reference to those persons with a mental impairment or mental health difficulties, operators would be well advised to consult a suitable Mental Health Advisor and formulate a policy to protect this category of vulnerable person from being harmed or exploited by gambling.

5.32. For multi occupied premises consideration should be given to the arrangements for controlling access to children and the compatibility of the different uses. Separate and identifiable entrances may be required to ensure that people do not drift inadvertently into a gambling area.

5.33. Children are not permitted to use Category C or above machines and in premises where these machines are available and children are permitted on the premises the licensing authority will require:

• all Category C and above machines to be located in an area of the premises which is separated from the remainder of the premises by a physical barrier to prevent access other than through a designated entrance
• adults only admitted to the area where these machines are located
• adequate supervised access to the area where the machines are located
• the area where these machines are located is arranged so that it can be observed by the staff or the licence holder
• prominent notices displayed at the entrance to, and inside, any such areas there indicating that access to the area is prohibited to persons under 18 years of age.

Expectations of operators: Staffing provision

5.34. Staff in licensed gambling premises are recognised as being subject to risk in the workplace from violence and verbal abuse, especially if working alone. In addition, lone workers may not be able to sufficiently serve and supervise the customers, identify and prevent young people from gambling, protect vulnerable persons, deal with customers who may be consuming alcohol and prevent the premises being used as a source of crime or supporting crime.

5.35. We expect premises management to recognise and address this as part of their management arrangements, especially at times where it has been identified that there is a spike in crimes around the premises.

5.36. We expect there to be an adequate number of staff and managers on the premises to cover key points throughout the day, especially where premises are close to schools/colleges/universities, pubs, bars, shopping centres and stadia.

Expectations of operators: Data gathering and sharing

5.37. Keeping track of the incidence and handling of problem gambling in Bury is a key part of promoting the licensing objectives. We expect all gambling premises to maintain a log and share this and other information with the Licensing Unit upon request.

5.38. Data that we consider should be recorded and shared includes (but is not exclusive to) We would expect that all records including time and date along with a short description of the incident and action taken:

1. customer interventions
2. cases where persons who have decided to voluntarily exclude themselves from the premises have tried to gain entry
3. mandatory exclusions needing enforcement
4. attempts to enter by those underage in a calendar month
5. attempts to enter by those underage in the company of adults
6. attempts to enter by those underage with complicit adults
7. incidents of 'at risk behaviour'
8. incidents of 'behaviour requiring immediate intervention'.

5.39. We expect that this application will be provided to the licensing authority annually.

5.40. A template for this information to be provided is at Appendix 2.

Expectation of applicants: Staff Training and Knowledge

5.41. We expect all customer facing and management staff in premises licensed under the Gambling Act 2005 to have sufficient knowledge to tackle risks associated with gambling and know how to promote responsible gambling. Amongst other elements, staff knowledge should include (where appropriate):

1. The importance of social responsibility (Premises may wish to seek an audit from GamCare in order to obtain a certificate of Social Responsibility)
2. Causes and consequences of problem gambling
3. Identifying and communicating with vulnerable persons: primary intervention and escalation, supported by high quality training given the challenging nature of these conversations.
4. Dealing with problem gamblers: exclusion (mandatory and voluntary) and escalating for advice/treatment including local treatment providers
5. Refusal of entry (alcohol and drugs)
6. Age verification procedures and need to return stakes/withdraw winnings if under age persons found gambling
7. Importance and enforcement of time/spend limits
8. The conditions of the licence
9. Maintaining an incident log
10. Offences under the Gambling Act
11. Categories of gaming machines and the stakes and odds associated with each machine
12. Types of gaming and the stakes and odds associated with each
13. Ability to signpost customers to support services with respect to problem gambling, financial management or debt advice
14. Safe cash handling and payment of winnings
15. Identify forged ID and bar those using forged ID from the premises
16. Knowledge of a problem gambling helpline number (for their own use as well as that of customers)
17. The importance of not encouraging customers to:
    • (a) Increase the amount of money they have decided to gamble
    • (b) Enter into continuous gambling for a prolonged period
    • (c) Continue gambling when they have expressed a wish to stop
    • (d) Re-gamble winnings
    • (e) Chase losses.

5.42. Above and beyond this we expect managers to have an in depth knowledge of all of the above and be able to support staff in ensuring the highest standards with regard to protecting children and other vulnerable persons from being harmed or exploited by gambling. In so far as training, we do not intend to duplicate any existing training requirement, such as may be required by the Gambling Commission's Code of Practice.

Expectation of applicants: gaming machines and layouts

5.43. It is an operator's responsibility to ensure staff are able to effectively monitor gaming machine play for a number of reasons that are part of the operator's licence conditions. Age verification, customer interaction and self-exclusion policies all require operators to take into account the structure and layout of their gambling premises.

5.44. The Licence conditions and code of practice (LCCP) state: 'Facilities for gambling must only be offered in a manner which provides for appropriate supervision of those facilities by staff at all times'.

5.45. A screen or pod around a gaming machine, designed to increase the privacy of the player, could prevent staff in a gambling premises from effectively monitoring gaming machine play.

5.46. Operators will be expected to be able to evidence to the licensing authority how they have considered the risk to the licensing objectives and implemented effective controls, prior to the introduction of any new machine arrangements.

5.47. It will be important to consider the means by which gaming machines are supervised, such as the line of sight to counter, effective CCTV, mirrors or floor staff and consider whether that is appropriate for that premises.

5.48. Whether amendments to a premises amount to a 'material change' warranting an application to vary the premises licence under s.187 of the Gambling Act is a matter for local determination and the licensing authority will adopt a common sense approach.

6. Premises specific considerations

Adult Gaming Centres

6.1. Adult gaming centres (AGCs) are premises able to make category B, C and D gaming machines available to their customers. Persons operating an AGC must hold a gaming machines general operating licence from the Commission as well as a premises licence from the Council.

6.2. This licensing authority will specifically have regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the authority that there will be sufficient measures to, for example, ensure that under 18 year olds do not have access to the premises.

6.3. Where gambling facilities are provided at premises as a supplementary activity to the main purpose of the premises, for example motorway service areas and shopping malls. The council will expect the gambling area to be clearly defined to ensure that customers are fully aware that they are making a choice to enter into the gambling premises and that the premises is adequately supervised at all times.

Casinos

6.4. Bury has no licensed casinos.

6.5. The Gambling Act states that a casino is an arrangement whereby people are given the opportunity to participate in one or more casino games whereby casino games are defined as a game of chance which is not equal chance gaming. This means that casino games offer the chance for multiple participants to take part in a game competing against the house or bank at different odds to their fellow players. Casinos can also provide equal chance gaming and gaming machines.

'No Casinos' resolution

6.6. This licensing authority has not passed a 'no casino' resolution under Section 166 of the Gambling Act 2005, but is aware that it has the power to do so.

Should this licensing authority decide in the future to pass such a resolution, it will update this policy statement with details of that resolution. Any such decision will be made by the Full Council.

Bingo premises

6.7. The Gambling Act 2005 does not contain a definition of Bingo. It is to have its ordinary and natural meaning and the Act does stipulate that 'bingo' means any version of that game, irrespective of how it is described. Two types of bingo may be offered:

• Cash bingo: where the stakes panel made up the cash prize that's won
• Prize bingo: where various forms of prizes is won, not directly relating to the stakes panel.

6.8. Subject to the rules of individual operators, children and young people are allowed into bingo premises. However, they are not permitted to participate in the bingo and if category B or C machines are made available for use these must be separated from areas where children and young people are allowed.

6.9. Where category C or above machines are available in premises to which children are admitted then the council will ensure that:

• all such machines are located in an area of the premises separate from the remainder of the premises by a physical barrier which is effective to prevent access other than through a designated entrance. For this purpose a rope, floor markings or similar provision will not suffice and the council may insist on a permanent barrier of at least one metre high
• only adults are admitted to the area where the machines are located
• access to the area where the machines are located is supervised at all times
• the area where the machines are located is arranged so that it can be observed by staff
• at the entrance to, and inside any such area there are prominently displayed notices indicating that access to the area is prohibited to people under 18 years old
• children will not be admitted to bingo premises unless accompanied by an adult.

6.10. The Gambling Commission has provided Guidance for Licensing Authorities and Licence Conditions and Code of Practice which are applied to Operator's Licences. The council will take this into consideration when determining licence applications for bingo premises.

6.11. Where certain measures are not already addressed by the mandatory/default conditions, the Gambling Commission Code of Practice or the applicant, the council may consider licence conditions to address such issues.

Electronic bingo gaming machines

6.12. Where a premises intends on providing electronic terminals to play bingo, we will expect operators (as part of their application) to provide a breakdown of the number of electronic bingo terminals that will be provided at the premises.

Gaming machines at bingo premises

6.13. In addition to bingo, this premises licence will authorise the provision of a limited number of gaming machines in line with the provisions of the Act. Bingo premises licences authorise a maximum of 20 percent of the total number of gaming machines which are available for use on the premises categories B3 or B4.

6.14. Bingo facilities in bingo premises may not be offered between the hours of midnight and 9am. However, where there are substantive facilities during the default hours for bingo, there are no restrictions on access to gaming machines in bingo premises outside of the default hours

6.15. The LCCP requires (Social Responsibility Code Provision 9) that gaming machines are only made available in combination with the named non remote activity of the operating licence. So, unless a bingo premises operator offers substantive facilities for non remote bingo it should not make gaming machines available for use on the premises in question.

6.16. As the licensing authority, we will need to satisfy ourselves that a premises applying for or licensed for bingo is operating or will operate in a manner which a customer would reasonably be expected to recognise as a premises licensed for the purposes of providing facilities for bingo. Equally, we must ensure that a premises licensed for the purposes of providing facilities for bingo is operating as such and is not merely a vehicle to offer higher stake and prize gaming machines.

6.17. Therefore, we will expect operators (as part of their application) to provide information on:

• any times they intend to provide gaming machines at any times that bingo facilities are not provided
• how the premises will be recognised as a premises licensed for providing facilities for bingo
• A breakdown of gaming machine numbers (by category).

6.18. The licensing authority is concerned that later opening hours will attract the more vulnerable, such as those who are intoxicated or who have gambling addictions. The licensing authority will expect applicants can demonstrate that robust measures will be in place to protect the vulnerable and the additional hours are not being sought to take advantage of the gaming machine entitlement.

6.19. The licensing authority will use their power to restrict the circumstances in which they are available for use when appropriate by way of conditions. When considering imposing conditions, the licensing authority will take into account, among other factors:

• the size and physical layout of the premises
• the number of counter positions and staff on the premises
• the ability of staff to monitor the use of machines by children, young persons under the age of 18 or vulnerable people

6.20. The licensing authority will not seek to limit the number of gambling machines by category as this entitled provision is defined in the Gambling Act. However, we will seek to ensure that the number and provision of gaming machines are only provided in a manner which a customer would reasonably be expected to recognise as a premises licensed for the purposes of providing facilities for bingo.

6.21. To contain the unavoidable risk to the licensing objectives associated with gaming machines, premises which offer machines must be appropriately supervised.

6.22. The licensing authority will information required from an applicant for a new premises or for a variation to an existing premises in order to satisfy themselves as to the matters set out at s153 of the Act. This includes the codes of practice and the Gambling Commission's guidance to licensing authorities.

'Entertainment' Bingo

6.23. A phenomenon over recent years has been the evolution of businesses, such as Bongo's Bingo, providing facilities for high turnover bingo (the aggregate stakes or prizes for bingo in any seven day period may exceed £2,000); typically providing equal chance gaming at pubs and nightclubs, in reliance on the alcohol licence held by the premises, and therefore doing so under the rules for exempt gaming.

6.24. We note that it is a condition of some such companies' operator's licence that they must notify both the Commission and the relevant LA at least 28 days before any event takes place in new premises, by providing a description of the event taking place, a copy of the premises contract and any amendment to the rules of the bingo.

6.25. We would encourage venues hosting such events to promote responsible gambling messaging at them.

Betting Premises

6.26. We encourage operators to participate in the Safebet Alliance in order to help ensure the highest standards for the safety and security of staff working at betting premises. Where an operator does not participate in the scheme, it is expected that they can satisfactorily demonstrate the security measures they incorporate are adequate.

6.27. Licensed betting premises are only permitted to offer gambling facilities between 7am and 10pm, unless the licensing authority has granted a variation application to extend these hours. The licensing authority is concerned that later opening hours will attract the more vulnerable, such as those who are intoxicated or who have gambling addictions.

6.28. The licensing authority also has concerns that licensed betting premises operators may seek to extend the permitted hours for the primary purpose of making gaming machines available to customers for longer.

6.29. As a consequence, the licensing authority is unlikely to grant variation of hours' applications unless applicants can demonstrate that robust measures will be in place to protect the vulnerable and the additional hours are not being sought to take advantage of the gaming machine entitlement.

6.30. The licensing authority will use their power to restrict the number of betting machines (bet receipt terminals), their nature and the circumstances in which they are available for use when appropriate by way of conditions. When considering imposing conditions, the licensing authority will take into account, among other factors:

• the size and physical layout of the premises
• the number of counter positions and staff on the premises
• the ability of staff to monitor the use of machines by children, young persons under the age of 18 or vulnerable people

6.31. Betting machines. This licensing authority will, as per the Gambling Commission's Guidance, take into account the size of the premises, the number of counter positions available for person to person transactions, and the ability of staff to monitor the use of the machines by children and young persons (it is an offence for those under 18 to bet) or by vulnerable people, when considering the number/nature/circumstances of betting machinesan operator wants to offer. It is noted that that children are not able to go into premises with the benefit of a Betting Premises Licence.

(Licensed) Family Entertainment Centres

6.32. The Act creates two classes of family entertainment centre (FEC). Licensed FEC's provide category C and D machines and require a premises licence. Unlicensed FEC's provide category D machines only are regulated through FEC gaming machine permits.

6.33. This licensing authority will specifically have regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the authority, for example, that there will be sufficient measures to ensure that under 18 year olds do not have access to the adult only gaming machine areas. Operators should ensure that a proof of age scheme is in force.

6.34. This licensing authority will, as per the Gambling Commission's guidance, refer to the Commission's website to see any conditions that apply to operating licences covering the way in which the area containing the category C machines should be delineated. This licensing authority will also make itself aware of any mandatory or default conditions on these premises licences, when they have been published.

Occasional use notices

6.35. Occasional Use Notices (OUN) are designed to allow licensed betting operators to provide betting facilities at genuine sporting events, such as point to point racecourses and golf courses for major competitions, within the boundaries of the identified venue on a specific date.

6.36. An OUN must be submitted for EACH day that the betting activity will be conducted on the premises. For example, four notices for four consecutive days of betting and not one notice covering the four days.

6.37. We will liaise with the Gambling Commission should we receive an OUN that does not relate to a genuine recognised sporting event to ensure that OUN's are not misused, for example, venues seeking to become tracks through a contrived sporting event, utilising OUNs to solely or primarily facilitate betting taking place on events occurring away from the identified venue.

7. Permits and other permissions

Alcohol Licensed Premises Gaming Machine Permits

7.1. Premises licensed to sell alcohol that have a bar and the alcohol is not ancillary to food for consumption on the premises, having more than two gaming machines, will need to apply for a permit and must also notify the Licensing Authority if they have one or two machines. In considering whether to grant a permit, the licensing authority will have regard to the licensing objectives, guidance issued by the Gambling Commission and any other relevant matters. Permits will not be granted to licensees who have failed to demonstrate compliance with the Gambling Commission's Code of Practice.

7.2. In addition to the requirements of the Gambling Commission's Code of Practice, the Licensing Authority expects applicants to:

• display adequate notices and signs, advertising the relevant age restrictions
• position machines within view of the bar in order for staff to be able to monitor the machines for use by under age or misuse of the machines
• challenge anyone suspected of being under age and refuse access
• provide information leaflets and/or helpline numbers for organisations such as GamCare and Betknowmore UK.

Prize Gaming Machine Permits

7.3. Prize gaming premises will appeal to children and young persons and weight will be given to child protection issues. Therefore, the licensing authority will expect the applicant to demonstrate that they are suitable to hold a permit, for example if the applicant has any convictions which would make them unsuitable to operate prize gaming, and the suitability of the premises.

7.4. The licensing authority expects applicants to set out the types of gaming machines that they intend to offer and be able to demonstrate that:

• they understand the limits to stakes and prizes that are set out in regulations
• that the gaming offered is within the law

7.5. The Gambling Commission website gives advice on types of permits, conditions, stakes and prizes. 

Unlicensed FECs (uFEC)

7.6. Unlicensed family entertainment centres (FEC's) will perhaps be most commonly located at places such as airports and at motorway service centres, and will cater for families, including unaccompanied children and young persons. Unlicensed FEC's will be able to offer only category D machines in reliance on a gaming machine permit.

7.7. Where a premises does not hold a premises licence but wishes to provide gaming machines, it may apply to the licensing authority for this permit. It should be noted that the applicant must show that the premises will be wholly or mainly used for making gaming machines available for use (Section 238). As a result, it is generally not permissible for such premises to correspond to an entire shopping centre, airport, motorway service station or similar. Typically, the machines would be in a designated, enclosed area.

7.8. Given that the premises is likely to appeal particularly to children and young persons, when considering applications for permits we will give weight to matters relating to protection of children from being harmed or exploited by gambling and are keen to ensure that staff supervision adequately reflects the level of risk to this group. Therefore, we will generally expect such risks to be addressed through effective:

• staff supervision and training
• detailed plan
• social responsibility policies
• staff being easily identifiable
• clear signage.

7.9. As part of an application for a uFEC, it is our policy that a plan for the uFEC must be submitted.

Small Society Lotteries

7.10. A lottery is small if the total value of tickets put on sale in a single lottery is £20,000 or less and the aggregate value of the tickets put on sale in a calendar year is £250,000 or less.

7.11. To be 'non commercial' a society must be established and conducted for:

• charitable purposes
• the purpose of enabling participation in, or supporting, sport, athletics or a cultural activity
• any other non commercial purpose other than that of private gain.

7.12. This licensing authority will adopt a risk based approach towards its enforcement responsibilities for small society lotteries. This authority considers that the following list, although not exclusive, could affect the risk status of the operator:

• submission of late returns (returns must be submitted no later than three months after the date on which the lottery draw was held)
• submission of incomplete or incorrect returns
• breaches of the limits for small society lotteries
• the eligibility of society as 'non commercial'.

8. Appendix 1: Responsible Authorities

• Licensing Authority: 3 Knowsley Place, Duke Street, Bury, BL9 0EJ
• Environmental Health: 3 Knowsley Place, Duke Street, Bury BL9 0EJ
• Greater Manchester Police: Dunster Road, Bury BL9 0RD
• HM Revenue and Customs: Excise Processing Teams, BX9 1GL
• Planning: 3 Knowsley Place, Duke Street, Bury BL9 0EJ
• Gambling Commission: Victoria Square House, Victoria Square, Birmingham, B2 4BP
• The Fire Safety Manager: Greater Manchester Fire and Rescue Service, Bury Fire Station, Magdalene Road, Bury, BL9 0ES
  • Telephone: 0161 253 0313
  • Email: p&paadminteamburyoldham@mancheter.gov.uk
• Bury Integrated Safeguarding Partnership: 18-20 St Mary's Place, Bury BL9 0DZ
  • Telephone: 0161 253 5705
  • Email: safeguardingteam@bury.gov.uk
• Public Protection: Health and Safety, Pollution and Weights and Measures Sections, 3 Knowsley Place, Duke Street, Bury BL9 0EJ
  • Telephone: 0161 253 5353
  • Email Pollution and Health and Safety: commercial@bury.gov.uk
  • Email Weights and Measures: tradingstandards@bury.gov.uk
• Public Health: 3 Knowsley Place, Duke Street, Bury BL9 0EJ
  • Email: publichealth@bury.gov.uk
• Immigration: Alcohol Licensing Team, Lunar House, 40 Wellesley Road, Croydon CR9 2BY
  • Email: alcohol@homeoffice.gsi.gov.uk
• Neighbouring Authorities:
  • Bolton: 01204 336570
  • Blackburn: 01254 585585
  • Rochdale: 01706 647474
  • Rossendale: 01706 217777
  • Salford Council: 0161 794 4711

9. Appendix 2: Template for data collection

The data collection template is available as an Excel file upon request from the Licensing Unit. 

10. Appendix 3: Glossary

• ATM: Auto teller machine or cash machine.
• Betting: Betting is defined as making or accepting a bet on the outcome of a race, competition or other event or process or on the outcome of anything occurring or not occurring or on whether anything is or is not true. It is irrelevant if the event has already happened or not and likewise whether one person knows the outcome or not. (Spread betting is not included within this definition).
• Betting Machines or Bet Receipt Terminal: Betting machines can be described as automated betting terminals where people can place bets on sporting events removing the need to queue up and place a bet over the counter.
• Bingo: There are essentially two types of bingo: cash bingo, where the stakes paid make up the cash prizes that can be won and prize bingo, where various forms of prizes can be won, not directly related to the stakes paid.
• Book: Running a 'book' is the act of quoting odds and accepting bets on an event. Hence the term 'Bookmaker'.
• Casino games: A game of chance, which is not equal chance gaming. Casino games include roulette and black jack and so on.
• Chip: Casinos in the UK require you to use chips to denote money. They are usually purchased and exchanged at a cashier's booth.
• Coin pusher or penny falls machine: A machine of the kind which is neither a money prize machine nor a non money prize machine
• Crane grab machine: A non money prize machine in respect of which every prize which can be won consists of an individual physical object (such as a stuffed toy) won by a person's success in manipulating a device forming part of the machine so as to separate, and keep separate, one or more physical objects from a group of such objects.
• Default condition: These are prescribed in regulations and will be attached to all classes of premises licence, unless excluded by the Authority.
• Equal Chance Gaming: Gaming which does not involve playing or staking against a bank.
• Fixed odds betting: If a gambler is able to establish what the return on a bet will be when it is placed, (and the activity is not 'gaming' see below), then it is likely to be betting at fixed odds.
• Fixed Odds betting terminals (FOBTs): FOBTs are a type of gaming machine which generally appear in licensed bookmakers. FOBTs have 'touch screen' displays and look similar to quiz machines familiar in pubs and clubs. They normally offer a number of games, roulette being the most popular.
• Gaming: Gaming can be defined as 'the playing of a game of chance for winnings in money or monies worth, whether any person playing the game is at risk of losing any money or monies worth or not'.
• Gaming Machine: Any type of machine allowing any sort of gambling activity including betting on virtual events but not including home computers even though users can access online gaming websites.
• Licensing Objectives: The licensing objectives are three principal goals which form the basis of the Act. Stakeholders who have an interest in the Act need to try and promote these objectives. The licensing objectives are: 
  • Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime.
  • Ensuring that gambling is conducted in a fair and open way.
  • Protecting children and other vulnerable people from being harmed or exploited by gambling.
• Lottery: A lottery generally refers to schemes under which prizes are distributed by chance among entrants who have given some form of value for their chance to take part. A lottery is defined as either a simple lottery or a complex lottery. A simple lottery is one where people are required to pay to participate and one or more prizes are allocated to one or more members of a class and the prizes are allocated by a process which relies wholly on chance. A complex lottery is where people are required to pay to participate and one or more members of a class and the prizes are allocated by a series of processes where the first of those processes relies wholly on chance. Prize means money, articles or services provided by the members of the class among whom the prize is allocated. (It should be noted that the National Lottery is not included in this definition of lottery and is regulated by the National Lottery Commission).
• Money prize machine: A machine in respect of which every prize which can be won as a result of using the machine is a money prize.
• Non money prize machine: A machine in respect of which every prize which can be won as a result of using the machine is a non money prize. The winner of the prize is determined by: 
  • (i) the position in which the coin or token comes to rest after it has been inserted into the machine, together with the position of other coins or tokens which have previously been inserted into the machine to pay a charge for use, or
  • (ii) if the insertion of a single coin to pay the charge for use enables the person using the machine to release one or more tokens within the machine, the position in which such tokens come to rest after being released, together with the position of other tokens which have previously been so released.
• Odds: The ratio to which a bet will be paid if the bet wins, for example '3-1' means for every £1 bet, a person would receive £3 of winnings.
• Off course betting operator: Off course betting operators may, in addition to premises away from the track, operate self contained betting premises within a track premises. Such self contained premises will provide facilities for betting on both events taking place at the track (on course betting), as well as other sporting events taking place away from the track (off course betting). In essence such premises operate like a traditional high street bookmakers. They will however only normally operate on race days.
• On course betting operator: The on course betting operator is one who comes onto on a track, temporarily, while races are taking place, and operates at the track side. On course betting operators tend to offer betting only on the events taking place on the track that day (on course betting).
• Pool Betting: For the purposes of the Gambling Act, pool betting is made on terms that all or part of the winnings:
  • 1) Shall be determined by reference to the aggregate of the stakes paid or agreed to be paid by the people betting
  • 2) Shall be divided among the winners or
  • 3) Shall or may be something other than money. For the purposes of the Gambling Act, pool betting is horse race pool betting if it relates to horse racing in Britain.
• Regulations or Statutory instruments: Regulations are a form of law, often referred to as delegated or secondary legislation. They have the same binding legal effect as Acts and usually state rules that apply generally, rather than to specific people or things. However, regulations are not made by Parliament. Rather, they are made by people or bodies to whom Parliament has delegated the authority to make them, such as a minister or an administrative agency.
• Representations: In the context of the Gambling Act representations are either positive statements of support or negative objections which are made in relation to a licensing application. Representations must be made in time, for example; during a designated notice period.
• Responsible authority (authorities): Responsible authorities (RAs) are agencies which have been appointed by the Gambling Act or regulations to fulfil a designated role during the licensing process. RAs must be sent copies of all licensing applications and have the power to make representations a such applications. RAs also have the power to ask for licences to be reviewed.
• Skill machine or skill with prizes machine: The Act does not cover machines that give prizes as a result of the application of pure skill by players. A skill with prizes machine is one on which the winning of a prize is determined only by the player's skill, any element of chance imparted by the action of the machine would cause it to be a gaming machine. An example of a skill game would be trivia game machines, popular in pubs and clubs, which require the player to answer general knowledge questions to win cash prizes.
• Spread betting: A form of investing which is more akin to betting, and can be applied either to sporting events or to the financial markets. Spread betting is regulated by the Financial Services Authority.
• Stake: The amount pledged when taking part in gambling activity as either a bet, or deposit to the bank or house where the house could be a gaming machine.
• Statement of principles document: A document prepared by the Authority which outlines the areas that applicants need to consider before applying for gaming permits.
• Table gaming: Card games played in casinos.
• Tote: Tote is short for Totaliser, a system introduced to Britain in 1929 to offer pool betting on racecourses.
• Track: Tracks are sites (including horse tracks and dog tracks and stadia) where races or other sporting events take place.