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Agenda, decisions and minutes

Venue: Council Chamber - Waltham Forest Town Hall. View directions

Contact: David Symonds, Democratic Services Officer  020 8496 4344 Email: david.symonds@walthamforest.gov.uk

Items
No. Item

1.

APPOINTMENT OF CHAIR

Decision:

Councillor Kieran Falconer was appointed as Chair for the meeting.

Minutes:

Councillor Kieran Falconer was appointed as Chair for the meeting.

2.

APOLOGIES FOR ABSENCE AND SUBSTITUTE MEMBERS

Minutes:

None received.

3.

DECLARATIONS OF INTEREST

Members are required to declare any pecuniary or non-pecuniary interests they or their spouse/partner may have in any matter which is to be considered at this meeting. Interests are defined on the inside cover of this agenda.

Minutes:

There were no declarations of interest.

4.

PROCEDURE OF GAMBLING SUB-COMMITTEE pdf icon PDF 15 KB

Minutes:

The Legal Officer outlined the Procedure for the Sub-Committee.

5.

PADDY POWER, 661 HIGH ROAD, LEYTON E10 6JP pdf icon PDF 691 KB

Decision:

 

The Sub Committee considered the Application in closed session. It then recalled all parties and announced its decision to REJECT the application by the Applicants for a premises licence. I therefore enclose the statutory notice of rejection the Council is required to issue under the Gambling Act 2005 (Premises Licences  ...  view the full decision text for item 5.

Minutes:

The Gambling Act Sub-Committee heard an application made on behalf of Paddy Power for a Premises Licence under Section 159 of the Gambling Act 2005.  Councillor Falconer was appointed Chair. 

 

The Applicant was represented by Gerald Gourier QC and Nindi Dhanjal, Paddy Power Development Manager.  The Council as Licensing Authority was represented by Susan Leacock. The Responsible Authority making a representation was: Marc Witham on behalf of the Licensing Service. Councillor Bob Sullivan appeared as an interested party.

 

There were oral presentations as follows:

 

  • Marc Witham for the Licensing Service as Responsible Authority;
  • Gerald Gourier QC for the Applicant;
  • Susan Leacock for the Council as Licensing Authority;
  • Councillor Bob Sullivan as an interested party

 

The Sub-Committee, the Applicant, the Responsible Authority and the Interested Party were all able to raise questions after each presentation.

 

The Sub Committee then went on to consider the Application in closed session. It then recalled all parties and announced its decision to REJECT the application by the Applicants for a premises licence. I therefore enclose the statutory notice of rejection the Council is required to issue under the Gambling Act 2005 (Premises Licences and Provisional Statements) Regulations 2007.

 

The Sub Committee took the following into account when reaching its decision:

  • The Committee Report and its appendices;
  • The brochure submitted by the Applicant ahead of the hearing
  • Oral representations and questions and answers of the parties listed above;

 

The Sub-Committee also considered the provisions of the Gambling Act 2005, in particular, the provisions of S153, the guidance and relevant code of practice issued by the Gambling Commission, the licensing objectives, in particular, preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime, and the Council’s Statement of Principles.

 

The Sub-Committee noted that the general presumption under s 153 is to grant a licence. However, they also took into account the location of the premises in a ward that has the fourth highest incidences of crime in the borough and is on the border of one of three priority crime areas. The Sub-Committee felt that the weight of public concern about crime in that location was such that it was proportionate to refuse a licence on this occasion.

 

Further, the Sub-Committee were of the view that a betting shop in this location would exacerbate the current position and cause the problems experienced in the Bakers Arms area to spread to this location given their close proximity. The Sub-Committee also felt that granting the application would undermine the key licensing objective of preventing gambling from being a source of crime or disorder and being associated with crime or disorder.

 

The Sub-Committee did not feel that, having regard to the relevant guidance and the (Mandatory and Default Conditions) 2007, there were any conditions that they could impose which would mitigate this  and were of the view that a Paddy Power office in this location would cause an increase in crime and disorder.

 

Appeal

 

The applicant has  ...  view the full minutes text for item 5.