Agenda item

Application to vary a licensed premises gaming machine permit made by Greene King Retailing Ltd under section 283 of the Gambling Act 2005 in respect of the Good Intent PH, South End Road, Hornchurch, RM12 5NU

 

 

Gambling Act 2005

Notice of Decision

 

 

PREMISES

The Good Intent

South End Road

Rainham

Essex

RM12 5NU

 

 

APPLICANT

Greene King Retailing Ltd

Sunrise House

Ninth Avenue

Burton upon Trent

DE14 3JZ

 

 

1.     Details of requested variation

 

The venue has a premises licence under the Licensing Act 2003 (copy attached)

 

Pubs and other alcohol licensed premises are automatically entitled to two category C or D gaming machines upon notification to the local licensing authority of their intention to make gaming machines available for use.

Licensing authorities can issue gaming machine permits which allow additional category C and D gaming machines to be provided.

Where a gaming machine permit authorises the making available of a specified number of gaming machines in particular premises, this will effectively replace, and not be in addition to, any automatic entitlement to two machines.

 

The Good Intent currently had a Gaming Machine permit for 5 category C machines.

 

The Aspen Tree made an unsuccessful application to increase the number of machines from 5 to 6 in March 2017. 

 

The application was for an increase to 6 machines, 6 category C.

 

The London Borough of Havering Gambling Act Policy stated that any application by an alcohol premises for 6 or more machines could only be decided by the Licensing Committee or Licensing Sub-Committee.

2.       Details of Representations

 

Valid representations should address at least one of the following three licensing objectives:

 

• 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

 

There were no representations either from interested parties or from a responsible authority.

 

The Gambling Act 2005 licensing objectives are:-

 

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

 

(b) Ensuring that gambling is conducted in a fair and open way, and

 

(c) Protecting children and other vulnerable persons from being harmed or exploited by gambling.

 

A plan showing the proposed location of the 6 machines was supplied at the hearing

 

 

3.               Determination of Application

 

Consequent upon the hearing held on 29 September 2017, the Sub-Committee’s decision regarding the application for a variation for The Good Intent was as set out below, for the reasons stated:

 

The Sub-Committee was obliged to determine the application with a view to promoting the licensing objectives.

 

In making its decision, the Sub-Committee also had regard to the Guidance issued under Section 182 of the Licensing Act 2003 and Havering’s Licensing Policy.

 

In addition the Sub-Committee took account of its obligations under section 117 of the Crime and Disorder Act 1998, and Articles 1 and 8 of the First Protocol of the Human Rights Act 1998.

 

 

 

 

 

 

4.               Decision

 

The Licensing Sub-Committee considered an application for a variation to the licensed premises’ Gaming Machine Permit made by Green King Retailing LTD in relation to the Good Intent Public House.

 

The Sub-Committee reminded itself that it must have regard to the Licensing Objectives, the guidance issued by the Gambling Commission under section 25 of the Gambling Act 2005, and the Council’s Statement of Gambling Policy.

 

The Sub-Committee heard from Mr Taylor who explained where the machines would be placed following the refit to the premises. The Sub-Committee noted that the information provide today was not available to the Sub-Committee who made the previous decision on the 6 April 2017 and therefore the Sub-Committee was now able to properly determine the application.

 

Having considered all of the evidence, the Sub-Committee concluded that the variation to the permit should be granted and the number of machines permitted should be increased to 6 machines.

 

Appeal

 

Any party to the decision may appeal to the Magistrates Court within 21 days of notification of the decision. On appeal, the Magistrates Court may make an order for costs as it sees fit.

 

 

 

 

Richard Cursons

Clerk to the Licensing Sub-Committee