Part A: General Matters - Statement of Gambling Licensing Policy
1. The licensing objectives
The licensing objectives of the Gambling Act 2005 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.
The Licensing Authority must have regard to these licensing objectives in exercising most of its functions under the 2005 Act.
2. The Licensing Authority
The Gambling Act 2005 has made Oxford City Council the Licensing Authority for its district. From 31 January 2007 the Council has been responsible for granting premises licences for:
- Betting premises, including tracks;
- Adult Gaming Centres;
- Family Entertainment Centres;
- Bingo premises; and
- Casino premises.
3. The Oxford City Council area
Oxford City Council is one of the five district councils of Oxfordshire. The City of Oxford has a population of 162,100 (ONS 2021 Census) in an area of 46 sq. km ha (17.6 square miles). A significant proportion of the land area within the city boundary is rural, with the population concentrated in the urban parts.
The district is shown on the map in Appendix 1.
Oxford is one of the principal entertainment centres for Oxfordshire, however local road, bus and rail links foster a wider catchment area than this and also enable Oxford residents to use centres outside the county boundary, such as Aylesbury, Reading, Swindon and Newbury. Oxford residents also have reasonable access to the facilities offered by Bristol, London, Birmingham or Southampton.
Although Oxford is generally affluent, some of its wards are ranked amongst those of highest multiple deprivation in the country. 10 out of 83 Oxford neighbourhoods are amongst the 20% most deprived in England.
4. Glossary of terms
Within this Statement of Gambling Licensing Policy, the following words and terms are defined as stated:
- Council: Oxford City Council
- GC Guidance: The Gambling Commission’s 'Guidance to Licensing Authorities' under section 252(2)
- Licensing Authority: Oxford City Council
- The 2005 Act: The Gambling Act 2005
- The 2003 Act: The Licensing Act 2003
- LACORS: Local Authorities Co-ordinators of Regulatory Services
5. This Statement of Gambling Licensing Policy
The 2005 Act requires the Council to prepare and publish a statement of the principles that the Licensing Authority proposes to apply in exercising their functions under the 2005 Act before each successive period of three years.
In preparing this Statement of Gambling Licensing Policy, the Council has had regard to the licensing objectives and the Guidance issued by the Gambling Commission.
In determining the Statement of Gambling Licensing Policy, the Council had regard to the licensing objectives and the Guidance issued by the Gambling Commission and had due regard to comments received because of the consultation process.
This statement must be reviewed from “time to time” and any revisions must be published before they take effect. The 2005 Act requires each Licensing Authority to consult the following parties when preparing a new statement or revision.
- The Chief Officer of Police.
- One or more persons who appear to the Licensing Authority to represent the interests of persons carrying on gambling businesses in the Licensing Authority’s area.
- One or more persons who appear to the Licensing Authority to represent the interests of persons who are likely to be affected by the exercise of the Licensing Authority’s functions under the 2005 Act.
Before finalising and publishing this policy statement, the Council consulted the following.
- Thames Valley Police
- The Oxfordshire Safeguarding Children Board
- The management of all premises in Oxford with Gambling Premises Licences
- Gaming & Betting Organisations
The list of comments made and the consideration by the Council of those comments is available from the Licensing Authority or from the Council’s website (see inside front cover for contact details).
Consultation took place from 14 June 2024 for 6 weeks.
The Licensing Authority followed the best practice for consultation set out by the Department for Business Innovation and Skills. Revised Code of Practice (which came into effect in 2018) and the Cabinet Office Guidance on consultations by the public sector.
If you have any comments about this Statement of Gambling Licensing Policy, please write to the Licensing Authority (details inside front cover).
6. Effective period
This Statement of Gambling Licensing Policy becomes effective on 31st January 2025.
It will remain effective for three years (or any longer period in accordance with the 2005 Act) although the Council may adopt revisions within that period.
At the date of publication, this licensing policy is expected to last until 30th January 2028.
7. Functions of the Licensing Authority
7.1. Functions
The 2005 Act gives Licensing Authorities the following functions:
Licensing premises where gambling activities are to take place by issuing Premises Licences
- Issuing Provisional Statements
- Regulating members’ clubs and miners’ welfare institutes who wish to undertake certain gaming activities, by issuing Club Gaming Permits and/or Club Machine Permits
- Issuing Club Machine Permits to Commercial Clubs
- Granting permits for the use of certain lower stake gaming machines at unlicensed Family Entertainment Centres
- Receiving notifications of the use of two or fewer gaming machines, from premises licensed (under the 2003 Act) to sell/supply of alcohol (for consumption on the premises other than with a meal).
- Issuing Licensed Premises Gaming Machine Permits where more than two machines are required for premises licensed (under the 2003 Act) to sell/supply alcohol (for consumption on the premises other than with a meal).
- Issuing Prize Gaming Permits
- Receiving and endorsing Temporary Use Notices
- Receiving Occasional Use Notices
- Providing information to the Gambling Commission on details of licences issued (see section above on ‘information exchange)
- Maintaining registers of permits and licences issued under these functions.
- Revocation of premises licence due to failure to pay annual fee.
7.2. Delegation of functions
The 2005 Act (S154) delegates most licensing functions to the licensing committee, which can then further delegate to its sub- committees or to officers. Appendix 2 lists the lowest level to which decisions can be delegated.
From time-to-time the Licensing Authority may change the levels to which its decisions are delegated.
8. Functions of others
Under the 2005 Act, the role of the Gambling Commission includes the following matters, which are therefore not the responsibility of the Licensing Authority:
- Issuing and enforcing Operating Licences - Operating Licences are required by organisations providing casinos, remote gambling, bingo, lotteries, facilities for betting and providing gaming machines etc. (There are exceptions within some of these categories.)
- Issuing and enforcing Personal Licences - For each Operating Licence there must be at least one person who both occupies a specified management office in connection with that licence and holds a Personal Licence. Conditions may require more than one such person to hold a Personal Licence. Conditions may also require persons performing specified operational functions to each hold a Personal Licence.
- Ensuring compliance by manufacturers, suppliers and repairers of gaming machines.
The Financial Services Authority regulates spread betting, and the National Lottery Commission regulates the National Lottery under separate legislation.
9. General principles
This Statement of Gambling Licensing Policy will not override the right of any person to make an application, make representations about an application, or apply for a review of a licence, as each matter will be considered on its own merits and according to the statutory requirements of the 2005 Act.
10. Responsible Authorities
Appendix 5 provides details for all the Responsible Authorities under the 2005 Act that have a role in the Licensing Authority’s area.
The latest version of those details can be found on the Council’s website, and the Licensing Authority will also provide this information in printed form on request (see details inside front cover).
The Licensing Authority recognises the Oxfordshire Safeguarding Children Board as the body that is competent to advise the authority about the protection of children from harm.
The principles on which it based this decision are the need for the body to:
- have broad experience of children’s issues;
- be responsible for an area covering the whole of the Licensing Authority’s area; and
- be answerable to democratically elected persons, rather than to any particular vested interest group. (The Licensing Authority notes that that body reserves the right to hold those persons to account on children’s issues)
11. Interested parties
Interested parties can make representations about licence applications or apply for a review of an existing licence. However, the Licensing Authority has powers under the 2005 Act to determine whether a person is an interested party.
In doing so, the Licensing Authority will decide each case on its merits, based upon the following principles:
“a person is an interested party in relation to an application for or in respect of a premises licence if, in the opinion of the licensing authority which issues the licence or to which the applications is made, the person-
(a) lives sufficiently close to the premises to be likely to be affected by the authorised activities,
(b) has business interests that might be affected by the authorised activities, or
(c) represents persons in either of these two groups. Licensing authorities will need to have regard to anything an interested party says about their status to make representations.” (2005 Act S.158)
11.1. Proximity to premises
In accordance with GC Guidance, when determining what “sufficiently close to the premises” means the Licensing Authority may include consideration of:
- “the size of the premises;
- the nature of the premises;
- the distance of the premises from the location of the person making the representation;
- the potential impact of the premises (number of customers, routes likely to be taken by those visiting the establishment); and
- the circumstances of the complainant. This is not the personal characteristics of the complainant, but the interests of the complainant which may be relevant to the distance from the premises. (GCG 8.12)
- Relevant factors will depend on the particular application. For example, it could be reasonable for an authority to consider that living 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.” (GCG 8.13)
The Licensing Authority will not generally view trade associations and trade unions, and residents’ and tenants’ associations as interested parties unless they have a member who lives sufficiently close to the premises to be classed as one.
11.2. ‘Business interests’
The Licensing Authority will also consider the GC Guidance that "has business interests" should be given the widest possible interpretation and include partnerships, charities, faith groups and medical practices.
However, the Licensing Authority considers that "has business interests" should not entitle an operator to make representations on an application for premises anywhere. The “factors that are likely to be relevant include:
- the size of the premises;
- the ‘catchment’ area of the premises (i.e. how far people travel to visit); and whether the person making the representation has business interests in that catchment area, that might be affected.”
11.3. Representatives of interested parties
Interested parties can be persons who are democratically elected such as councillors and MPs. No specific evidence of being asked to represent an interested person will be required as long as the councillor / MP represent the ward likely to be affected. Likewise, any parish councils that are likely to be affected will also be considered to be interested parties. Other than these however, the Licensing Authority will generally require written evidence that the representative has been appointed by the person likely to be affected. A letter from one of these persons, requesting the representation is sufficient.
The Licensing Authority does not permit councillors who either are, or represent, an interested party in a case to participate as a member of the Licensing Committee (or sub-committee) that considers that case.
If individuals wish to approach councillors to ask them to represent their views, then care should be taken that the Councillors are not part of the licensing sub-committee dealing with that application. Licensing authority staff will help with this (contact details inside front cover).
12. Exchange of Information
The principle that the licensing authority will apply in respect of the exchange of information between it and the Gambling Commission and those bodies listed in Schedule 6 of the Act is that it will act in accordance with the provisions of the Gambling Act 2005 which includes the provision that the General Data Protection Regulations will not be contravened.
The licensing authority will also have regard to any guidance issued by the Gambling commission to Local Authorities on this matter when it is published, as well as any relevant regulations issued by the Secretary of State under the powers provided in the Gambling Act 2005.
13. Enforcement
The Licensing Authority will apply the following principles in accordance with GC Guidance in exercising its functions about the inspection of premises (2005 Act, Part 15) and powers to institute criminal proceedings in respect of the offences specified (2005 Act, S.346).
The Licensing Authority 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; and
- Targeted: regulation should be focused on the problem, and minimise side effects.
The Licensing Authority will endeavour to avoid duplication with other regulatory regimes so far as possible.
The main enforcement and compliance role for the Licensing Authority under the 2005 Act will be to ensure compliance with the premises licences and other permissions that it authorises. The Gambling Commission is the enforcement body for other matters under the 2005 Act, as noted above.
The Licensing Authority will also keep aware of advice from the Better Regulation Executive on the regulatory functions of local authorities.
13.1. Risk methodology
The Licensing Authority will adopt a risk-based inspection programme and in order to comply with the principle of transparency, the Licensing Authority will make available, on request, details of its risk methodology, and its protocols or written agreements for enforcement and compliance. (For contact details, see inside front cover).
The general approach of risk-based inspection is to avoid routine inspections of all premises. Instead, high-risk premises are inspected more frequently than low risk ones.
Amongst other things, this approach considers risks related to the size of the premises, the range of activities that take place there, and the time that those activities take place. Larger, more active premises are likely to be classed as higher risk and are therefore likely to be inspected more frequently.
