Agenda item

PURPOSE:

To agree the fees to set for this Authority in relation to Premises Licences under the Gambling Act 2005 for 21st May 2017 – 20th May 2018.

2. RECOMMENDATION(S):

1. It is recommended that:-

(i) the fees and charges detailed in Appendix A of the report be approved and have effect from 21st May 2017; and

(ii) The fees are subsequently reviewed annually.

3. KEY ISSUES

1 This Authority has a statutory duty under the Gambling Act 2005 to set fees for Premises Licences in accordance with the Gambling (Premises Licence)(England and Wales) Regulations 2007. The fees for these licences are to be reviewed and set annually on the 21st May each year. Premises Licences will include Betting Shops, Tracks, Adult Gaming Centres, Family Entertainment Centres and Bingo Premises. A fee assessment has not been carried out for Casinos as the Authority carried a resolution not to allow Casinos within its County at Full Council on 19th November 2015.

2. The general functions of the licensing authority in dealing with Gambling Premises

Licences has been delegated to the Licensing and Regulatory Committee. This was agreed in the Gambling Act 2005 Statement of Licensing Policy approved at Full Council on 19th November 2015.

3. Licensing Authorities do not have the power to set fees for Permits which will be set by Central Government.

4. The Gambling (Premises Licence Fees) (England and Wales) Regulations 2007 provided for the following types of fees to be determined by licensing authorities:

 Licence application fee

 First annual fee

 Annual fee

 Notification of change of circumstances fee

 Application to vary a licence fee

 Application to transfer a licence fee

 Fee for a copy of a licence

 Application for re-instatement of a licence fee

 Provisional statement application fee.

The Authority currently licence eleven premises under the Gambling Act 2005 consisting of nine betting premises, one track betting and one adult gaming centre all of whom will be required to pay an annual fee.

5. The European Services Directive, along with other regulations, statutory guidance and case law underline that fees must be set on a “reasonable” cost recovery basis only and cannot be set in such a manner as to generate a profit or act as an economic deterrent to traders. In determining reasonable costs the Authority may take account of costs averaged over a reasonable period (up to three years). However, The Regulations referred to in 3.4 above has stipulated a maximum figure a local authority is permitted to charge for the licensing of premises under the Gambling Act 2005.

6. An assessment of the cost and the maximum amount a local authority can charge for premises licences has been undertaken and this is shown in Appendix B attached to this report. As a result of this assessment this report proposes that the fees commencing the 21st May 2017 be set as stipulated in Appendix A.

MEMBERS COMMENTS:

The Chair asked since the cost of producing some licence renewals is higher that the fee we can charge can the department sustain the difference. An officer advised that it is not too much of a problem as we have not received many new applications and it tends to be the annual fees at issue rather than the setting up fees which is less of a pressure on the council in terms of cost recovery.  

The Head of Public Protection answered that officers spend a lot of time ensuring we decipher what the correct costs are as if not we could receive a legal challenge as happened in Cardiff and other authorities. Unfortunately due to the non-discretionary fees there is a net cost to the authority of £70,000.

The members unanimously agreed the recommendations;

(i) the fees and charges detailed in Appendix A of the report be approved and have effect from 21st May 2017; and

(ii) The fees are subsequently reviewed annually.