Gambling Act licensing policy statement

Section 349 of the Gambling Act 2005 requires that all licensing authorities prepare and publish a statement of the principles that they propose to apply in exercising their functions under the Act during the three-year period to which the policy applies.

A licensing policy statement will last for a maximum of three years, but can be reviewed and revised by an authority at any time. 

In determining its policy, the licensing authority must have regard to the Gambling Guidance, and give appropriate weight to the views of those it has consulted. In determining what weight to give particular representations, the factors to be taken into account will include:

• who is making the representations (what is their expertise or interest)
• relevance of the factors to the licensing objectives
• how many other people have expressed the same or similar views
• how far the representations relate to matters that the licensing authority should be including in its policy statement.

It will be up to the licensing authority to ensure that it looks at the views of consultees and considers carefully whether they should be taken into account and to what extent (having regard to the above factors). A licensing authority should always be able to give reasons for the decisions it has made following consultation.

Section 349 (3) of the GA05 requires that the Licensing Authority consult the following on the Policy (or any subsequent revision):

• The chief officer of police for the Authority's area; 
• One or more persons who appear to the Authority to represent the interests of persons carrying on gambling businesses in the Authority's area; and,
• One or more persons who appear to the Authority to represent the interests of persons who are likely to be affected by the exercise of the Authority's functions under this Act.