Agenda item

GAMBLING ACT 2005 – APPLICATION   FOR  A VARIATION OF AN ADULT GAMING CENTRE PREMISES LICENCE IN RESPECT OF AGC1, & APPLICATION FOR GRANT OF PREMISES LICENCE IN RESPECT OF AGC2 – AGORA, 92- 94 BOROUGH HIGH STREET, LONDON SE1

1.

The Licensing sub-committee having considered the application by Frankice (Golders Green) Ltd in respect of a variation of an adult gaming centre and the grant of premises licences in respect of AGC1 at 92-94 Borough High Street, London SE1 1LJ and have made the following decision:

2.

The application for variation of AGC1 to be refused. The application for grant of premises licence for AGC2 be refused.

3.

Reasons

The licensing sub-committee having made a site visit today were able to make practical observations about premises.  The sub-committee heard representations from the applicant,  the licensing officer and Councillor Morris and are of the view that the artificial division of the premises into two units would not result in the creation of two separate sets of premises.

In reaching their decision the sub-committee have considered paragraphs 7.6 of the Department for Culture, Media and Sports explanatory document to the Gambling Act 2005 – (Mandatory and Default Conditions) (England and Wales) Regulations 2007, 7.13, 7.18 of the Gambling Commission Guidance to Licensing Authorities, and the cases of Leisure World (UK) Ltd v London Borough of Islington and Luxury Leisure v South Tyneside Council. The sub-committee also had concerns as to the protection of children and vulnerable persons from being harmed or exploited by gambling and felt that the division of the premises would lead to an increase in gambling in the area and therefore increase the risk of such harm.

4.

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.