7. Enforcement approach

Licensing authorities are required by regulation under the Gambling Act 2005 to state the principles to be applied by the authority in exercising the functions under Part 15 of the Act with respect to the inspection of premises; and the powers under section 346 of the Act to institute criminal proceedings in respect of the offences specified.

This licensing authority's principles are that:

It will be guided by the Gambling Commission's Guidance for local authorities, the statutory principles of good regulation and the Regulators Code 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

As per the Gambling Commission's Guidance for local authorities, this licensing authority will endeavour to avoid duplication with other regulatory regimes so far as possible.

The main enforcement and compliance role for this licensing authority in terms of the Gambling Act 2005 relates to premises to ensure compliance with the premises licences and other permissions which it authorises and to ensure premises are not operating without the requisite licence. The Gambling Commission is the enforcement body for the operating and personal licences. It is also worth noting that concerns about manufacture, supply or repair of gaming machines are not dealt with by the licensing authority but should be notified to the Gambling Commission.

This licensing authority also keeps itself informed of developments as regards the work of the Better Regulation Executive in its consideration of the regulatory functions of local authorities.

7.1Enforcement policy

The Councils Licensing enforcement policy will be followed in respect of any compliance monitoring and enforcement action taken in concerning gambling activities under the licensing authority's enforcement jurisdiction. This is accessible via the council's website.

7.2Inspection activity and visits

This licensing authority has adopted and implemented a risk-based inspection programme, based on:

• the licensing objectives
• relevant codes of practice
• guidance issued by the Gambling Commission, in particular at Part 36
• the principles set out in this statement of licensing policy

7.3Dealing with non-compliance /risks to the licensing objectives

As well as sanctions available under the Gambling Act 2005 this licensing authority will seek to use all appropriate powers available to it. Where premises are associated with anti-social behaviour then tools specifically designed to reduce anti-social behaviour such as dispersal powers, community protection notices or public space protection orders may be appropriate.

Where there is a Primary Authority scheme in place, this licensing authority will seek guidance from the Primary Authority before taking any enforcement action.

7.4Tackling illegal gambling

This licensing authority will work together the Commission to identify and investigate organised or persistent illegal activity.

7.5Fee setting and structure

Fees for certain gambling permits and licensing transactions are set nationally by statute. They include:

• Unlicensed Family Entertainment Centre Gaming Machine Permits
• registration of Small Society Lottery Licences (including an annual maintenance fee)
• Club Gaming Permits
• Club Gaming Machine Permits
• Alcohol Licensed Premises Gaming Machine Permits
• Prize Gaming Permit

However, fees for licences issued under the Gambling Act 2005 by this licensing authority are set by this licensing authority in accordance with statutory provisions. This licensing authority has sought to set fees at a level to cover the costs of undertaking the administration of the gambling licensing function.

Fees are approved each year by the Full Council and are published on the Councils website.