Decision details

Gambling Act 2005 - Application for a premises licence in respect of a betting shop, Paddy Powers, 66 Rye Lane, London SE15 5BY

Decision Maker: Licensing Sub-Committee

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

The licensing officer presented his report. There were no questions. The applicant had brought additional documentation to the hearing. As all parties did not agree to accept this documentation it was rejected and not used as part of the deliberations.

 

The representative for the applicant addressed the sub-committee. Members had questions for the representative. The ward councillor had questions for the applicant.

 

The ward councillor addressed the sub-committee. Members had questions for the ward councillor. The applicant had questions for the ward councillor.

 

Each party was given 5 minutes to sum up.

 

The sub-committee went into closed session at 12.48pm. The meeting resumed at 1.05pm.

 

RESOLVED:

 

The licensing sub-committee having considered the application by Power Leisure Bookmarkers Limited  in respect of non-track betting premises licence at Paddy Powers, 66 Rye Lane, London SE15 5BY have made the decision to grant as applied for.

 

Mandatory conditions

 

The conditions specified in paragraphs (2), (3) and (4) shall be attached to the

premises licence;

 

(2) The summary of the terms and conditions of the premises licence issued under section 164(1)(c) of the Act shall be displayed in a prominent place within the premises;

 

(3) The layout of the premises shall be maintained in accordance with the plan;

 

(4) The premises shall not be used for –

 

(a) The sale of tickets in a private lottery; and

(b) The sale of tickets in any other lottery in respect of which the sale  of

  tickets on the premises is otherwise prohibited;

 

A “private lottery” means a private society lottery or a work lottery within the meaning of paragraphs 10 and 11 of Schedule 11 to the Act; and

 

A “customer lottery” has the same meaning as in Part 3 of schedule 11 to the 2005 Act.

 

The following mandatory conditions applicable to betting premises licences (other than tracks) will also be attached:

 

(1) A notice stating that no person under the age of 18 years is permitted to enter the

premises shall be displayed in a prominent place at every entrance to the premises;

 

(2)(1) Access to the premises shall be from a street or from other premises with a betting premises licence;

 

(2) (2) Without prejudice to sub-paragraph (2) (1), there shall be no means of direct

access between the premises and other premises used for the retails sale of merchandise or services

 

 (3) Subject to anything permitted by virtue of the 2005 Act, or done in accordance

 with paragraphs 4, 5, 6 and 7 below, the premises shall not be used for any purpose

 other than for providing facilities for betting;

 

(4) Any ATM made available for use on the premises shall be located in a place that

requires any customer who wishes to use it to leave any gaming machine or betting

machine in order to do so;

 

The following mandatory conditions applicable to betting premises licences (other than tracks) will also be attached:

 

(1) A notice stating that no person under the age of 18 years is permitted to enter the

premises shall be displayed in a prominent place at every entrance to the premises;

(2)(1) Access to the premises shall be from a street or from other premises with a betting premises licence;

 

(2) (2) Without prejudice to sub-paragraph (2) (1), there shall be no means of direct

access between the premises and other premises used for the retails sale of merchandise or services

 

 (3) Subject to anything permitted by virtue of the 2005 Act, or done in accordance with paragraphs 4, 5, 6 and 7 below, the premises shall not be used for any purpose other than for providing facilities for betting;

 

(4) Any ATM made available for use on the premises shall be located in a place that

requires any customer who wishes to use it to leave any gaming machine or betting

machine in order to do so;

 

(5) No apparatus for making information or other material available in the form of sounds or visual images may be used on the premises, except for apparatus used for the following purposes –

 

(a) Communicating information about, or coverage of, sporting events, including –

 

(i) Information relating to betting on such an event; and

(ii) Any other matter or information, including an advertisement, which is incidental to such an event

 

(b) communicating information relating to betting no any event (including the result of the event) in connection with which betting transactions may be or have been effected on the premises.

 

(6) No publications, other than racing periodicals or specialist betting publications, may be sold or offered for sale on the premises;

 

(7) No music, dancing or other entertainment shall be provided or permitted on the

premises, save for entertainment provided in accordance with paragraph 5;

 

(8)(1) No alcohol shall be permitted to be consumed on the premises at any time during

which facilities for gambling are being provided on the premises;

 

(8)(2) A notice stating the condition in sub-paragraph (8) (1) shall be displayed in a

prominent place at every entrance to the premises; and

 

(9) A notice setting out the terms on which customers are invited to bet on the premises shall be displayed in a prominent place on the premises to which customers have unrestricted access.

 

Default Conditions

 

The following default condition will be attached to the premises licence:

 

(1) No facilities for gambling shall be provided on the premises between the hours of

10pm on one day and 7am on the next.

 

Reasons

 

The licensing sub-committee considered the verbal representations of the applicant’s solicitor and the applicant.  The licensing sub-committee also considered the verbal representations of the interested parties.  The licensing sub-committee read the licensing officer’s report and considered the written representations of those interested party who were not in attendance. 

 

The licensing sub-committee determined that the application met the guidelines under the Gambling Commission’s guidance and the council’s statement Gambling Licensing Policy and found no reason to refuse the application. 

 

Appeal Rights

 

That the licensee and any person who made relevant representations in relation to the application may appeal against the decision. Any appeal must be made to the magistrate court for the petty sessions area in which the premises are situated. Any appeal must be commenced by notice of appeal given by the appellant to the justices’ chief executive for the magistrates court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.

 

The meeting closed at 1:30pm.

Publication date: 02/06/2010

Date of decision: 02/06/2010

Decided at meeting: 02/06/2010 - Licensing Sub-Committee

Accompanying Documents: