of the meeting held on 25 September 2007 (ENCLOSURE).

The Minutes of the meeting held on 25 September 2007 were approved as a correct record, and signed by the Chair.

Report of the Executive Head of Environmental Sustainability (ENCLOSURE).

The Council’s licensing officers and the police reported on action taken during the past year regarding enforcement of and compliance with the Licensing Act 2003 in respect of premises in the Borough.

The police and Council licensing officers had conducted 535 licensing visits during the past year.  A programme of test purchases organised jointly between the police and Sutton Council had entailed visits to 206 premises and 26 penalty notices for disorder had been issued.  87.4% of the premises visited were found to be working towards the joint aim of promoting safe and sensible drinking.  The mobile reassurance unit had been stationed regularly in High Street, Sutton during the day and the evening to dispense advice, information and literature on drinking and smoking.

The visibility of police officers, their pro-active approach to criminal activity and anti-social behaviour, their working relationship with licensed premises and joint enforcement visits by the police and Council licensing officers continued to have an impact on disorder and violent assaults in Sutton town centre.

A joint inspection of an unlicensed premises had resulted in the issue of a closure notice and no licensable activities were now taking place.  An application for a premises licence had been submitted subsequently.

The police had prosecuted a personal licence holder for displaying alcohol for sale and selling alcohol outside the permitted hours, and his licence had been suspended.  The premises concerned had since had its licence revoked.

Members expressed their disappointment at the low level of fines imposed by the Magistrates’ Court, which it was believed reflected their perceived importance of the prosecutions presented.

Joint inspections would be conducted at all licensed premises over the next year.

Because the majority of work in relation to compliance and enforcement was carried out in conjunction with the police an enforcement protocol had been adopted to reflect the current working arrangements.  The protocol set out roles and responsibilities, and identified the agency that would lead on investigations or actions.  A copy of the protocol was submitted.

            Resolved: (i) To note the position regarding the enforcement by the police and the licensing authority of licensed and unlicensed premises, and the recently adopted enforcement protocol.

            (ii) That the police be asked to allocate additional officers to the enforcement of the Licensing Act 2003.

Report of the Executive Head of Environmental Sustainability (ENCLOSURE).

A Temporary Use Notice allowed premises which did not have a premises licence to be used for gambling temporarily.  A Temporary Use Notice could only be granted to a person or company holding a relevant operating licence issued by the Gambling Commission.  The only activities permitted were the provision of facilities for any form of equal chance gaming, where those participating were taking part in a competition which was designed to produce one overall winner.  The premises could be used for one or more Temporary Use Notices for a total of not more than 21 days in any 12 month period.

The recommended fee had been calculated using the same method as for the Gambling Premises Licence fees, calculated on the basis of an hourly rate for the time taken to carry out certain specific functions, including hearing representations and defending appeals in a proportion of cases.  Details of the calculations were submitted.  The predicted average cost for processing a Temporary Use Notice was £1,084 but Government regulations limited the maximum fee that could be charged to £500.  It was therefore proposed that the latter fee should be adopted.

The actual costs would be monitored so that the fee could be reviewed after one year.

            Resolved: That a fee of £500 be adopted for Temporary Use Notices under the Gambling Act 2005.

Report of the Executive Head of Environmental Sustainability (ENCLOSURE).

The Gambling Act 2005 had created the Gambling Commission, which was responsible for licensing gambling operators, and required local licensing authorities to license gambling premises.  The Act also regulated the use of gaming machines by introducing different types of permit for different premises, including the exclusion of certain types of premises.

Many gambling operators had introduced self-exclusion schemes to satisfy the objectives of the Gambling Act.  They were a voluntary agreement between an operator and a customer to prevent the customer using gambling facilities.  Enforcing such schemes was entirely a matter for the gambling operator.  A premises licence could be reviewed on certain specific grounds relating to the use of the premises, but not to regulate any self-exclusion scheme.  The Authority could lobby, and ask other organisations to lobby, the Department for Culture, Media and Sport to amend the Act so that such schemes could be regulated, and could seek the advice of the Gambling Commission regarding the imposition of conditions on a licence with a view to regulating a self-exclusion scheme.

Whilst gambling operators had a duty to protect children and other vulnerable persons from harm, members felt, that apart, a decision whether or not to gamble was a personal choice and, generally, should not be regulated beyond the need to secure that duty.

The Gaming Act 1968 had allowed any premises to have a gaming machine and permits had been granted for a maximum of three years.  The Gambling Act 2005 had repealed that legislation but the permits granted to non-gambling premises could continue until their expiry.  Whilst gaming machines were gradually being removed from non-gambling premises a new type of ‘skill’ machine was appearing in their place, which was outside the remit of either licensing authorities or the Gambling Commission and potentially more addictive.  They were thus unregulated and unrestricted.  A joint operation had been arranged with officers from the Gambling Commission and the police to inspect the machines in the Borough to ensure that they met the technical standards of ‘skill’ machines.

            Resolved: (i) To note the position regarding self-exclusion schemes.

            (ii) That, following the joint operation referred to above, the Borough’s Members of Parliament be informed of the Council’s concern regarding the introduction of unregulated ‘skills’ machines in non-gambling premises and of any particular problems experienced by the police, and a copy of the letter to them be also sent to the Secretary of State for Culture, Media and Sport.