The
Committee consisted of the following
Members:
Benyon,
Mr. Richard
(Newbury)
(Con)
Challen,
Colin
(Morley and Rothwell)
(Lab)
Clarke,
Mr. Charles
(Norwich, South)
(Lab)
Crausby,
Mr. David
(Bolton, North-East)
(Lab)
Ellwood,
Mr. Tobias
(Bournemouth, East)
(Con)
Foster,
Mr. Don
(Bath)
(LD)
Ingram,
Mr. Adam
(East Kilbride, Strathaven and
Lesmahagow) (Lab)
Johnson,
Ms Diana R.
(Kingston upon Hull, North)
(Lab)
McCarthy-Fry,
Sarah
(Portsmouth, North)
(Lab/Co-op)
Moss,
Mr. Malcolm
(North-East Cambridgeshire)
(Con)
Smith,
Mr. Andrew
(Oxford, East)
(Lab)
Stoate,
Dr. Howard
(Dartford)
(Lab)
Sutcliffe,
Mr. Gerry
(Parliamentary Under-Secretary of
State for Culture, Media and
Sport)
Truswell,
Mr. Paul
(Pudsey)
(Lab)
Viggers,
Peter
(Gosport)
(Con)
Walker,
Mr. Charles
(Broxbourne)
(Con)
Younger-Ross,
Richard
(Teignbridge)
(LD)
Mike Clark, Committee
Clerk
attended the
Committee
Fifth
Delegated Legislation
Committee
Tuesday 25
March
2008
[John
Bercow
in the
Chair]
Draft Categories of Casino Regulations 2008
4.30pm
The
Parliamentary Under-Secretary of State for Culture, Media and Sport
(Mr. Gerry Sutcliffe):
I beg to
move,
That the
Committee has considered the draft Categories of Casino Regulations
2008.
The
Chairman:
With this it will be
convenient to consider the draft Gambling (Geographical Distribution of
Large and Small Casino Premises Licences) Order
2008.
Mr.
Sutcliffe:
I welcome you to the Chair,
Mr. Bercow, and wish all distinguished hon.
Members a good
afternoon.
We are
debating two orders this afternoon. The draft
Categories of Casino Regulations 2008 defines the
large and small categories of casinos permitted by the Gambling Act
2005, and the draft Gambling (Geographical Distribution of Large and
Small Casinos Premises Licences) Order 2008 specifies the 16 local
authorities that will be authorised to license the eight large and
eight small casinos that the Act
allows.
The draft
regulations define the large and small categories of casinos by
reference to the minimum and maximum gambling area that each type of
casino must offer. A casino will be a large casino if the combined
floor area of those parts of the casino used for providing gambling is
not less than 1,500 sq m, but does not exceed 3,500 sq m. A casino will
be a small casino if the combined floor area of those parts of the
casino used for providing gambling is not less than 500 sq m, but does
not exceed 1,500 sq m. The principal purpose of establishing new
minimum and maximum size criteria for the new casinos is ultimately to
prevent a proliferation of small
casinos.
Separately,
the new casinos are required by mandatory premises licence conditions,
which were approved by the House last year, to set aside minimum
non-gambling areas where customers may take a break from gambling. The
regulations will not apply to casinos previously licensed under the
Gaming Act 1968. Many existing casinos will be well below the minimum
size for a large or small casino under the Gambling Act 2005. Existing
casinos licensed under the 1968 Act, regardless of size, are subject to
special transitional arrangements under which they have been granted a
converted casino premises licence, which will enable them to continue
to trade with their current gaming
entitlements.
Mr.
Malcolm Moss (North-East Cambridgeshire)
(Con): The Minister has broached the subject of casinos
licensed under the 1968 Act. Does he agree that, given that 10 of
the new 16 casinos will be in locations that already contain casinos
licensed under the 1968 Act, that will surely have a detrimental effect
on the trading plans of the existing casinos? What will the Government
do about
that?
Mr.
Sutcliffe:
The hon. Gentleman was the Opposition Front
Bench spokesman when the Gambling Bill was going through the House and
will be well aware of the issues that were raised. I believe that he
moved a probing amendment to increase the number of casinos that should
be considered. On the point that he makes, we are in correspondence
with the British Casino Association and have received a proposal from
it, which I am considering. I am prepared to investigate it further,
but it will have no immediate impact on the instruments that we are
discussing.
Mr.
Don Foster (Bath) (LD): The Minister knows that I am
fairly supportive of the order, but to suggest that it would not have
an impact on the existing, well run casinos that we have in this
country is to mislead the Committee. Surely he accepts that in the
current climate, with the increase in duty on gambling, if an area
already has, for example, five casinos, an additional casino could well
have an impact on those existing casinos? It is wrong to say that it
would have no impact
whatever.
The
Chairman:
Order. Before the Minister replies, I simply say
in a good-natured way to the hon. Member for Bath that he is far too
experienced and senior a parliamentarian to accuse anyone of misleading
the
Committee.
Mr.
Sutcliffe:
Thank you for your protection,
Mr. Bercow. It is not my intention in any way to
mislead the Committee, but the hon. Gentleman knows that there have
been issues with the permitted areas proposals and that we are
concerned about casino proliferation. He also knows that there was a
large number of applications before the cut-off date in April 2006. The
issue is still relevant and a cause of concern inside and outside
Parliament. One of the reasons for bringing the order back today is to
try to gauge the will of Parliament in respect of the 16 casinos that
we believe Parliament intended should be approved. That is why we are
here this
afternoon.
Mr.
Moss:
The Minister raised the hare of proliferation again.
It is something that the Government referred to over and over again
during the debates on the Gambling Bill. Seven of the 144 casinos
licensed under the 1968 Act have already closed; how can that be
proliferation? Ladbrokes, one of the top four companies in the country,
said that it will not go into the casino industry. How does that fit
with the Governments view that there will be proliferation of
casinos?
Mr.
Sutcliffe:
I acknowledge the hon. Gentlemans
knowledge and experience, but we are concerned about proliferation. We
believe that the 16 casinos that we are to approve today came about
through the appropriate process, but we are concerned about creating
the potential for proliferation. We want to work with the
British Casino Association to see what can be achieved in the future,
given some of the problems of businesses licensed under the 1968 Act.
However, the reality is that we are looking something in the small and
large casinos that the Committee is considering in terms of what they
will provide; for the first time ever in the UK, there will be much
larger casinos than we have now. We hope that the operators of existing
casinos will feel free to bid for the new licences permitted by the
2005 Act.
The draft
order specifies the 16 authority areas where the eight large and eight
small casinos permitted by the Government may be located. The 16
licensing authority areas are those that were originally recommended by
the independent Casino Advisory Panel, which was chaired by the late
Professor Stephen Crow, and which were included in the first
geographical distribution order, which was rejected in the other place
in March last
year.
Mr.
Foster:
When the Minister says that the order was defeated
in another place, that is, of course, factually correct, but will he
confirm that, when their lordships did thatone year
agothey proposed that the eight large and eight small casinos
be brought back under a separate order to enable them to go
ahead?
Mr.
Sutcliffe:
I understand the hon. Gentlemans point,
but this is our first opportunity to introduce an order after
considering all the aspects of the matter, as he would expect us to do.
Given the new regime in the Department, and the new Ministers looking
at the detail of the orders, we wanted to investigate the issues and
discuss them at length with the
stakeholders.
There was
broad consensus across all parties in both Houses in last years
debates that the eight large and eight small casino licences should be
awarded to the 16 licensing authorities identified by the
panel. We continue to believe that the panel did a good job, and that
it exactly met its remit in recommending the 16 areas. The areas
provide a good spread and represent locations ranging from large urban
areas to town centres and seaside
resorts.
Mr.
Moss:
The Minister says that the panel made a good fist of
choosing the locations for the eight large and eight small casinos. Why
did it make such a hash over
Manchester?
Mr.
Sutcliffe:
Perhaps we can deal with Manchester a little
later. I want first to set out why we are where we are.
We set out in our December 2004
policy statement what we wanted to achieve. When the time comes to
carry out an assessment of the social and economic impact of the 16 new
casinos, the areas will provide a good test in a broad range of
different locations. I am sorry that the House of Lords Select
Committee on the Merits of Statutory Instruments concluded that the
order may imperfectly achieve its policy objective. The Secretary of
State wrote to Lord Filkin, the Chairman of the Committee, to explain
why he does not agree with its conclusions. A principal argument
advanced by the Select Committee is that the Casino Advisory Panel gave
insufficient emphasis in its work to the minimisation of harm from
gambling, but that is to
confuse the overarching objectives of the 2005 Act with the narrower
objectives of the
order.
The main
objectives of the Act are to prevent crime and to protect children and
vulnerable people from harm. The Government are proud that they have
placed those protections at the heart of the system of regulation of
gambling in this country for the first time. We have not abdicated our
responsibility to prioritise the minimisation of harm. Those
protections are being put in place, although that is not the purpose of
the draft order. The narrow purpose of the order is to identify those
areas that will best facilitate a proper assessment of the social
impact of the new casinos, so that the Government and, indeed,
Parliament can make future decisions about casino policy on an informed
and evidence-based foundation.
The hon. Member for Bath rightly
raised the question of public consultation in the casino licensing
process. He is right to stress the primacy of local decision making and
local consultation, and I pay tribute to the tenacity with which he has
pursued that issue. Let me reassure him that those principles are
central to our policy. In the 2005 Act we have, for the first time,
given local authorities the power to resolve not to license a new
casino in their area, and that includes the authorities mentioned in
the order. Where an authority wishes to license a casino, local people
will be consulted at every stage of the process. Authorities must issue
a three-year licensing policy which, among other things, will set out
the principles that they intend to apply when determining to whom to
issue a casino licence. In settling that policy, licensing authorities
are required to consult with local
people.
Mr.
Moss:
On the position of local authorities, the Secretary
of State made a statement on the Floor of the House announcing that the
Government were going to change the 24-hour opening rule. I understand
that, at the moment, local authorities have the powers to decide,
premise by premise, case by case, whether that should apply. Will the
Minister confirm whether the Government intend to impose opening hours
from the centre, or whether they will continue to allow local
authorities the licence to
decide?
Mr.
Sutcliffe:
It will still be a matter for local
authorities. The Secretary of State was answering a question and saying
that certain matters will always be kept under consideration in
relation to people having non-gambling time.
We want local people to be
involved and consulted at every stage of the licensing process, and it
is important that licensing authorities are required to consult local
people in the widest possible sense.
Mr.
Foster:
I am extraordinarily grateful that the Minister
wrote to me in advance on this matterI understand that he sent
copies to other people involved in the debate. I remind him that, when
I raised this matter in the House on 26 February, in response to my
question, the Secretary of State referred specifically to the
requirement on local
authorities
as good
practice, to consult local people and communities at every stage of the
process.[Official Report, 26 February 2008; Vol.
472, c. 909.]
As the Minister is aware, I have
been concerned for a long time about the impact on local people. That
could mean only people in the immediate vicinity of the proposed
casino, but the wider community will have an interest as well. Can he
assure me that the wider community will also be consulted in the way
that he
describes?
Mr.
Sutcliffe:
There are two ways in which we can help the
hon. Gentleman. First, the licensing authority can maximise its
opportunity to include interested parties; those could be people who
live within the vicinity of the premises, or those who are affected by
what happens within it. That is one area of opportunity additional to
the opportunities offered by the planning process. I hope that I have
reassured the hon. Gentleman that it is our intention, as it must be
that of local authorities and licensing authorities, to ensure maximum
consultation.
On
receipt of applications for a casino licence, licensing authorities
must consider representations from interested parties, including local
people and businesses, about the applications. Unless local people
agree otherwise, the authority must hold a hearing. Where they receive
more than one application for a licence, a statutory code of practice
will require licensing authorities to take account of local views in
deciding what benefits they want a casino to provide to their
area.
This is no
top-down, one-size-fits-all model. Licensing authorities have the
flexibility to decide, after consulting local people, what is best for
their area. That may include specific measures funded by the casino to
support local efforts to combat problem gambling or crime. In the Act,
we provided for authorities to hold operators to the commitments they
make during the licensing process. Even after a casino has been
licensed, local people may complain to their licensing authority and
ask it to review the licence. All those measures are in addition to
local peoples input to the planning process, as I said earlier.
I hope that members of the Committee agree that the consultation
measures for which we have provided are substantial and
appropriate.
The order
does not provide for a regional casino. The Secretary of State
explained in his statement to the House on 26 February his reasoning
for not proceeding with the regional casino. I do not intend to repeat
what he said on that occasion, but central to his decision were the
anxieties expressed in both Houses of Parliament about the potential
negative impact of a regional
casino.
Peter
Viggers (Gosport) (Con): I listened carefully to the
Ministers introductory remarks. I hope that he accepts that he
misquoted the definitions of a large casino and a small casino. He said
that a casino is a large casino if the combined floor area of those
parts of the casino used for providing gambling is
equal to or exceeds 1,500 sq m. He repeated the same mistake when he
said that a casino is a small casino if the parts of the casino used
for providing gambling are equal to or exceed 500 sq m.
He left out facilities for. Obviously, the definition
of facilities for gambling is
broader than the definition of gambling, as such. If gambling is
provided, that is gambling, but if facilities for gambling are
provided, they could include ancillary facilities. I think that the
Minister just made a mistake in leaving out two words, but I should be
grateful for his confirmation of that at some point. He
did
The
Chairman:
Order. Interventions, although very
learned, are becoming increasing prolix. We must have time for both the
continuation and conclusion of Front-Bench speeches and for Back
Benchers to contribute to the debate if they so wish. The hon.
Gentleman is very experienced, and he knows that interventions must be
brief.
Mr.
Sutcliffe:
I am grateful to the hon. Member for Gosport. I
shall try to satisfy his concerns during the debate and, if I cannot do
so today, I shall make matters clear him in writing as soon as
possible.
The large and
small casinos that are subject to the order will pose a lower risk, but
they are still new to the British market. They will be able to offer a
larger number of £4,000 jackpot gaming machines than exist at
present in casinos, and they will be permitted to offer new
combinations of gambling. That is why we continue to believe that it is
right to take cautious approach to their introduction and have limited
the number of new casinos. We will not consider any further casinos
under the Gambling Act 2005 until the assessment of the impact of the
new casinos on problem gambling to which I have referred has been
completed. We do not expect that to be until 2014 at the earliest. Even
then, it will ultimately be for Parliament to approve an increase in
the number of casinos permitted under the
Act.
Protection of the
public interest and the vulnerable from harm from gambling is central
to the Act. That approach is reflected in the manner in which we are
proceeding with new casinos, and I commend the draft statutory
instruments to the
Committee.
4.48
pm
Mr.
Tobias Ellwood (Bournemouth, East) (Con): It is a pleasure
to work under your tutelage today, Mr. Bercow. It
is also a pleasure to be in such distinguished company. It is not only
you to whom I am referring, but the veritable feast of tribal
excellence on the Labour Benches. I see former Ministers and former
Secretaries of State. It really is a privilege to have such an honour
and to have almost an alternative Cabinet in our midst. It shows how
serious the Government are taking gambling and these particular
regulations.
The
concept of the small and large casinos comes about from the development
of the Gambling Act 2005. The Minister should be congratulated on
bringing the regulations finally to the Committee. It has almost been
like the 12 tasks of Hercules, who actually gained immortality if I
remember correctly. Given the number of Ministers and Secretaries of
State who have preceded the Minister in trying to get the measure to
where it is today, I do not know whether he feels that way. It is a
bold attempt to update the gambling laws and to allow legislation to
catch up with our changing technology in respect of gambling.
The Opposition agree with the
Governments stated aims for the 2005 Act, which are to keep
gambling crime free, to make sure that it is fair and open and that
children and vulnerable adults are protected. We fully endorse them,
although the detailed policy that has emerged from the Act about the
internet, properties, bingo, adult gaming centres and land-based
casinos leaves a lot to be desired. I suspect that this will not be the
last statutory instrument that the Minister and I will spar over in
relation to the original
Act.
As we have heard,
the statutory instrument follows the Governments statement on
gambling policy on 26 February, in which the draft order identifying 16
local authorities will be authorised to license the eight large and
eight small casinos permitted by the 2005 Act. In English, that simply
means that there is finally the go-ahead for 16 specific councils to
determine for themselves how new large or small casinos might fit into
the entertainment mix. Of course, we have lost one casino along the
way.
As we have heard
from my hon. Friend the Member for North-East Cambridgeshire, it is
clear that the background to this issue stems from the announcement by
the right hon. Member for Dulwich and West Norwood (Tessa Jowell), who
established the Casino Advisory Panel to advise on the location of the
17 new casinos permitted by the Act. The panel considered applications
from 68 local authorities and made its recommendations after detailed
consideration. We have already had one statutory instrument on 28 March
2007, and it was to do with a super-casino. It was laid before the
House and not only did the Prime Minister and the Secretary of State
for Culture, Media and Sport vote in favour of it, but the Minister
himself did, I
believe.
My party felt
that the statutory instrument should be divided, so we split the 16
casinos from the super-casino. Thanks, I am afraid, to the wise owls
down the corridor, the order incorporating the Casino Advisory
Panels recommendations was defeated in another place. I ask the
Minister what has changed between then and now. We already knew the
arguments about regeneration, which were very clear, and not so much
because we made them, but because this is not the first Government or
the first country to go down the route of looking at super-casinos.
There have been many studies linking or testing the use of regeneration
in developing and introducing a super-casino to a
community.
I ask the
Minister what plans there are in connection with the 24-hour licensing
of casinos. The matter has been touched on in the media in the last few
days. I understand that the British Casino Association did not, in
fact, request a change in the licensing laws, but it was brought about.
Now that the Act has come into place, the Government are already toying
with the idea of limiting the opening hours of casinos. Will the
Minister confirm what the Government have in
mind?
When asked on 4
March in a written question, it was clear that the Government had no
idea how many casinos had 24-hour licensing operations. If they do not
know how many have such licensing, that gives rise to the question as
to how they can fully understand its impact and why they want to change
it. We believe that any changes must be evidence based. However, for
them to be evidence based, we need to know how many
casinos are open or are using the capacity for longer opening hours. I
urge the Minister to provide clarity on that
matter.
The Minister
referred to a statement by the Secretary of State on 26 February, in
which tough new rules were going to be announced for casinos. Can the
Minister elaborate on what those rules will be? The Secretary of State
said that they would provide non-gambling areas where customers can
take a break from gambling. As far as I understand it, the 2005 Act
already has mandatory and default conditions that state that the
casinos must have a non-gambling area. He talked about the fact that
cash machines should be located away from gaming areas, which the
Gambling Act also covers. He talked about the fact that casinos must
have policies to identify problem gamblers and provide information
about support for addiction. That is something with which we
wholeheartedly agree, but the measures are already in
place.
There was talk
of making the contribution towards GamCare and the Responsibility in
Gambling Trust a compulsory one. Is that simply a threat or will it
move towards being something more concrete? It would be helpful if the
Minister could elaborate on those matters. The industry is asking for
clarity. If we are in the position to say, Yes, we support
gambling; yes, we are willing to allow it to operate in the United
Kingdom, we must ensure that we look after people who transit
from regarding gambling as a form of entertainment in which one is
likely to lose to viewing it as a form of investment where one thinks
one might win. Any changes must be evidence based, and I question
whether that is fully the
case.
There has been a
call for a fresh order dealing only with the 16 casinos; we have talked
about that today. Why did we have to wait an entire year to debate this
issue now, when it could have been done a year ago and the casinos
could have moved forward from there? The Minister said that he would
return to the discussion about Manchester, but he did not. Perhaps he
will do so when he speaks again. Will he also discuss the ad hoc
ministerial group that is apparently being set up to talk about the
challenges that Manchester faces? What will the group discover now
about regeneration that it did not know before? On Blackpool, will he
expand on the investment package that the Secretary of State for
Communities and Local Government announced, suggesting that £300
million was to be spent there?
The irony of our debating the
introduction of 16 casinos, is that the two places in Britain that have
long been mooted as obvious places for casinos will not get one at all.
Both those areas bid for super-casinos, and both are missing out on
small and medium-sized casinos. Let us not forget where all this came
from. The Government wanted super-casinos and were considering
having 40 at first. The number moved down to eight, then to just one,
and now the idea has disappeared completely from the statutory
instrument. We need some consistency and a long-term policy that the
industry can rally around. Instead, we have had a series of confusing
statements and changes. As my hon. Friend the Member for South-West
Surrey (Mr. Hunt) said in the House, there has
not been a U-turn so much as an S-bend, weaving around policies and
reacting rather than providing stability.
Mr.
Moss:
My hon. Friend mentioned regeneration and used the
example of moneys that were promised for Blackpool by another
Department. Given the changes to taxation that were introduced last
year, does he believe that any of the 16 new casinos will have a bean
left for regeneration of any kind?
Mr.
Ellwood:
My hon. Friend makes a valid point, and I pay
tribute to his work in this area. Looking at the statistics, it is
interesting to note how much money goes into casinos and how much ends
up in the Governments pocket. We say that the house always
wins, but that could refer to the House of Commons rather than the
casino. Apparently, the customer spend per visit is
£37.31a rather exact figureand the total amount
that is taken away in gaming duties, taxation on machines, VAT,
employee costs and so on adds up to £9.09, which leaves
about £28. One must then take away £2.42 for running,
marketing, finance, compliance, property development and IT costs.
Finally, when one takes away the cost of employing gaming and
hospitality staff, as well as machine and hospitality costs, which add
up to £22.82, that leaves £5 per customer from a starting
figure of £37. One could say that there is still a lot of money
to be made, but, as we have heard, some casinos are shutting. The point
is that if those operations are over-taxed, they can be run into the
ground. Taxes went up last year.
The way to avoid problems of
over-taxation is to ensure that there is an even playing field
regarding the location of the casinos. If one looks at the map that
shows where the new casinos are to be placed, one sees that there will
be challenges, as the new casinos will have serious advantages over the
old ones that are based on the 1968 Act. There is a worry that some of
those old casinos will go under simply because they do not have those
advantages. The new casinos are likely to displace existing casinos
because they have a better commercial set-up and because they can offer
bingo and sports betting. The likely consequence is a reduction in the
total number of casinos. Perhaps that is the Ministers
objective, but it would be nice to have some clarification if that is
his policy.
What will
happen when the 16 casinos come into being? How will Chelmsford, for
example, which is not in a permitted area and does not have a casino,
apply to have a casino should it wish to have one? Now that we have the
measure behind us, will the Minister tell us what the new approach will
be for an area that wishes to apply for a
casino?
The statutory
instrument poses some serious questions. There are questions hanging
over the Act based on hearsay, such as whether the age of admission
will be changed from 18 to 21. If that is the case, about 30 per cent.
of the staff who work in casinos will not be allowed to continue their
jobs. Will the Minister provide clarity on that? We need stability. The
Conservatives are willing to support the measure, but serious questions
remain about the Governments strategy on gambling. It should be
evidence-based, not simply headline-grabbing. The goalposts seem to be
moving, and business needs stability. I have asked a number of
questions. If the Minister cannot provide the answers today, I should
be grateful if he could put them in writing. He has done so in the
past, and I am grateful for
that.
5.1
pm
Mr.
Foster:
May I say yet again how delighted I am to serve on
a Committee under your chairmanship, Mr. Bercow?
Like the hon. Member for Bournemouth, East, I am delighted that such a
galaxy of talent has joined us today to discuss an issue that has taken
rather too long to come to fruition. As I said in an intervention, it
was about a year ago that the Liberal Democrats proposed in both Houses
of Parliament that we should put the Manchester super-casino to one
side, deal with it separately, and make a separate order enabling the
eight large and eight small casinos identified by the Casino Advisory
Panel under the late Professor Crow to go ahead. Notwithstanding what
the Minister said about a new team and the need for extensive
consultation, I think that many people find it disappointing that there
has been a years delay in coming to a decision. The climate in
the casino world has changed dramatically during those 12 months, as we
have heard, and a number of casinos are
closing.
Mr.
Sutcliffe:
Surely the hon. Gentleman will acknowledge and
accept that the introduction of small and large casinos is
significantly different from anything that exists in the UK at the
moment. It is right for the Government to be cautious about our
approach.
Mr.
Foster:
The Minister says that it is right to be cautious.
He is a Minister from the very Government who proposed, in the
legislations initial form, that there should be a complete
free-for-all and that we should be able to have as many super-casinos
as the market would bear. The same was true of the so-called large and
small casinos. He suggests that the reason for the huge delay is that
the Government have suddenly seen the light about the need for a
cautious approach. That is welcome, but the impacts were discussed ad
nauseam in Standing Committee, when a number of us had the
great pleasure to debate the issues. It is a little rich for him to
lecture me about the need for a cautious approach when both Liberal
Democrats and Conservatives urged that from the very
beginning.
The Liberal
Democrats have no intention of dividing this Committee; we advocated
such a measure a year ago and we stick to that position. I am grateful
for the Ministers generous comments earlier, and for the fact
that in that 12 months, we have had the opportunity to be much clearer
than we were a year ago about consultation. I have made it clear on a
number of occasions to him, the Secretary of State and anyone else who
would listen that it seems crucial that before an additional large or
small casino opens for business in any of the 16 areas, there should be
maximum opportunity for wide consultation at all stages of the process.
I was particularly grateful to the Secretary of State for making it
clear on 26 February that he shared that view, and I am grateful to the
Minister for explaining in Committee now, and in the letter that he
sent me prior to the Committee, each stage at which that can
happen.
I am
particularly delighted that the Minister has gone one step further
today, because he knows that I have been concerned about the way in
which consultation involving local people might be limited to
a small number of people who live in the immediate vicinity of the
proposed location of the new small or large casino. The Minister has
gone further and I am grateful to him. Picking up the point made by his
right hon. Friend the Secretary of State, who also referred to
consultation by communities, the Minister has put on record that it
would be possible to consult people affected by a new
casino. I assumeperhaps the Minister will clarify this in his
winding-up speechthat it will be left to the local authority to
decide who falls into that category. There must be limitations of some
sort, and they are probably best left to a local authority to
decide.
I also welcome
the Governments approach in all the documentationthis
has been repeated in the letter and in what the Minister has said
todaywhereby they expect local authorities to adopt very best
practice when consulting people. That is crucial.
The Minister knows that I have
said on several occasions that it is slightly odd that we spend so much
time debating 16 potential new casinosthe eight large and eight
smallwhile a vast number of other potential new casinos have
not been subject to such debate and scrutiny, even though I acknowledge
that they are of a different order, as he rightly explained. He has
frequently questioned my figures when referring to the number of
casinos that could open in this country under the old 1968 legislation.
The casino industry and I suggested that that loophole should have been
closed much more quickly than the Government chose to.
Given that the Minister has
questioned my figures on several occasions, I thought it right to speak
to the Gambling Commission today so that I had the most up-to-date
figures. In relaying them, may I remind the Committee and the Minister
of what the right hon. Member for Sheffield, Central
(Mr. Caborn), the former Minister with
responsibility for gambling, said on 11 January 2005? When referring to
the total number of casinos that were expected following the agreement
of the legislation for eight large casinos, eight small andat
that timeone super-casino, he clearly said on
record:
we can say with
certainty that there will be no more than 150
casinos.[Official Report, Standing
Committee B, 11 January 2005; c.
718.]
According to
the Gambling Commission, 142 licensed casinos are operating, 19 have
been rejected by local magistrates but await appeal, 47 are already
licensed but not yet open, 17 have been given consent but await a
hearing with local magistrates, and nine await issue by the Gambling
Commission. That gives a total of 234, but 11 of those are replacements
or extensions to existing casino premises, so that makes 223 casinos
under the 1968 Act, plus the new 16 that we are debating today.
That gives a theoretical maximumI accept that it will not come
to thisof 239 casinos in this country, which is way in excess
of the 150 that the former Minister said with certainty were likely to,
or would, exist in this country.
The casinos coming in by the
back door are very relevant to our deliberations. In the same way, they
are relevant to an issue raised by the hon. Member for North-East
Cambridgeshire, who served so valiantly while representing his party
during the passage of the Gambling Act 2005. He pointed out the concern
about the impact that the 16 new casinos could have on the
existing casino estate. It is worth reflecting on what the figures show
in that respect. We are about to approve a new casino for Southampton,
but it already has three casinos before we add the extra one, which
will be much larger than the existing three. Great Yarmouth has three
casinos, as does Hull. Leeds already has five casinos, with one
application under the 1968 Act still pending. Middlesbrough already has
three casinos. Solihull has none, but if we look at the wider area, we
see that there are eight casinos in
Birmingham.
Let us
consider the situation in relation to the smaller casinos. Torbay
already has one casino. Swansea has two, with two additional ones
licensed but not yet open. Luton has three, with one appeal for a
licence pending. Wolverhampton has two operating, with an additional
one licensed but not yet open. Scarborough has one, plus one that
recently closed.
In all
those cases, we are proposing to add another casino that could well
have an impact on the viability of the existing casinos in those areas.
That viability is called into question, particularly in the light of
changes that have taken place in relation to taxation, as has been
mentioned, and some of the other unanticipated outcomes of the 2005
Act. That is why it is vital that the Minister sticks by the assurance
that I think he has already given the Committee that he will consider
carefully the proposals that have been made by the BCA to determine
whether there is a solution to that problem, not to increase overall
the number of casinos in the country, but to see whether we can find
ways of protecting the viability of the existing casino estate. I am
grateful that he appears to have given that assurance already. Perhaps
he will confirm in his winding-up speech that that is the
case.
I am also
grateful that the Minister has addressed the Governments
approach on changing the age limit for casinos and the time limitation
on the so-called ban on 24-hour gambling. I am sure that he will be
prepared to give me a further assurance. He said that
the Government keep all these issues under considerationof
course they do. Will he give the Committee an absolute assurance that
he will not come back with proposals on changes to the age
limit or the time limitation unless they are based clearly on
evidence so that we have an evidence-based proposal for change,
if such a change is
suggested?
One issue
that has not been touched on is the procedures to be used by local
authorities, which, if the measures go through today, will be granted
the opportunity, after consultation and all the various stages, to go
ahead with either a new small or a new large casino. I am referring to
the procedures that they must adopt in the event that more than one
potential casino operator comes forward to become involved. The
Minister will be well aware that when we discussed the issue in
Standing Committeethe hon. Member for North-West Cambridgeshire
will remember this wellwe were deeply concerned about some
local authorities getting into bed with a particular casino operator at
the very early stages of a bid being put in to the Casino Advisory
Panel. We were given assurances at that time that none of that would
have any impact
whatever.
We note that
there are examplesSouthampton is one, but there are
othersof authorities making it clear from the very early stages
that they had a
preferred operator, and working closely with that preferred operator in
putting forward the bid to the panel. Bearing in mind that in some
cases there are already pretty close links between a so-called
preferred operator and a local council, will the Minister give an
absolute assurance that the guidance will be adhered to rigidly? In
other words, if there is more than one operator, there must be a
totally fair, open and transparent competition to allow people in
affected areas to see clearly the respective benefits of one casino
operator over another so that the maximum benefits can be obtained.
Again, I hope that he will be prepared to give such an
assurance.
Reference
has been made to some of the wider unanticipated effects of the 2005
Act on the gambling estate. The Minister will be well aware of one
particular concern to many involved in gambling, including bingo
hallsI know that they have lobbied him extensivelyadult
gaming centres and the existing casino estate. They are desperately
keen for him to conduct an immediate review of stakes and prizes for
machines, because they impact on the viability of the casinos being
debated today. Will he update us on the current
situation?
We have
already touched on the contributions of the new casinosand the
whole of the gambling fraternity, if we can call it thatto the
Responsibility in Gambling Trust. On 26 February, the Secretary of
State, having expressed concern that a large number of organisations
were making no contribution,
said:
Unless
the industry delivers a substantial increase in contributions by the
end of this year and makes contributions in a timely fashion, I will
seek the approval of the House for a statutory levy, at a rate to be
determined.[Official Report, 26
February 2008; Vol. 472, c. 904.]
Again, this is relevant to the viability
of the existing casino estate and the new casinos coming on line. Will
the Minister amplify what the Secretary of State meant by
substantial increase? As I said the other day, I give
the Secretary of State credit for consistency. He is the third
Secretary of State in a row to threaten a statutory levy on the
gambling industry, but how can we judge him on whether he will
introduce it, unless we know what he means by
substantial? Will the Minister help us by giving us his
interpretation of the Secretary of States
words?
Mr.
Moss:
On the issue of a levy and the work of the RIGT,
GamCare and others, should we not first ask what the problem is and how
much money is needed to sort it out, instead of raising amounts worked
out on the back of an envelope to fund whatever people think ought to
be funded? Should we not start from basics by assessing the problem,
finding out exactly what we need to address, and raising the
money?
Mr.
Foster:
The hon. Gentleman is right in many ways. Of
course, we have some difficulty in getting a precise handle on the
nature of the problem. He will know only too well of the Gambling
Commissions recent prevalence study showing that the extent of
problem gambling in this country has more or less stayed the same.
However, sadly, it cannot tell usthe research has not been
donewhich forms of gambling
are most likely to lead to increases in the number of people with a
gambling problem. Many of us believe that casinos are not one of them
and that, in this country, they have a very good operational track
record on keeping out crime and reducing the potential for problem
gambling. The real concerns are perhaps about fixed-odds betting
terminals in betting shops and the huge growth in internet gambling. We
do not have the answer to that, although I hope that the RIGT will use
some of its funds for research into it. However, I agree with the hon.
Gentleman entirely. We allocate about £10 per head of population
identified as having a gambling problem, whereas the figure in other
parts of the world is much
higher.
Mr.
Moss:
Does the hon. Gentleman agree that it is deeply
unfair to charge people in the casino and bingo industries, where there
is no evidence-based problem with problem gambling at all, when, as he
says, the people who are causing increasing problemsthe
internet gamblerspay
nothing?
Mr.
Foster:
The hon. Gentleman speaks eloquently, wisely and
correctly. It is important that we have a better handle on precisely
what the Secretary of State means by substantial. This
is not only to do with the industry, but about which parts of the
industry are involved and whether there will be a differential charge
on those parts that are more likely to lead to problem gambling. These
are big questions. As I said, one of the problems is that our research
evidence base is pretty inadequate when it comes to helping us answer
some of the questions that the hon. Gentleman rightly
raises.
We support the
measures. I am delighted that we have got the consultation sorted out,
because that was a lingering concern that needed to beand has
beenresolved. I have asked a number of questions, so I look
forward to hearing the Ministers answers, but he can be assured
that I will certainly not be looking to call a
Division.
5.21
pm
Mr.
Sutcliffe:
I thank the hon. Members for Bath and for
Bournemouth, East for their contributions and I am grateful for their
qualified support for the order. I acknowledge the expertise of current
and previous Committee members involved in taking the Gambling Act
through its parliamentary stages and I thank them for their
work.
The hon. Member
for Bournemouth, East is right to say that the Casino Advisory Panel
undertook to consider the casino policy in relation to the 68 local
authorities that made requests. The local authorities wanted us to be
clear about what we wanted to achieve with the casino
policy.
On 28 March
2007, we could not get an agreement through Parliament about how to
proceed. It was right that we set out then to review what the will of
Parliament was and to consider why we needed to investigate further the
impact of regional casinossmall and largeon society.
There was a time when it was clear that there needed to be a growth of
casinos. The hon. Member for North-East Cambridgeshire
tabled a probing amendment during the Committee stage of the Gambling
Bill on trying to increase the number of
casinos.
Mr.
Moss:
The Minister has mentioned that twice. I am
racking my brain to remember any such amendment. I do not believe that
I tabled an amendment to increase the number of casinos. Perhaps he
will mention exactly what I was
proposing.
Mr.
Sutcliffe:
I will dig out the amendment and write to the
hon. Gentleman and the Committee with the
detail.
Because there
is a broad consensus of agreement on the order, notwithstanding the
questions that have been asked, I will try to assist the Committee by
going through the issues fairly quickly. However, if I miss something I
will answer hon. Members questions in writing after the
sitting.
It was made
clear, in the statement made on 26 February by the Secretary
of State for Communities and Local Government, my
right hon. Friend the Member for Salford (Hazel Blears), why we did not
consider regional casinos to be appropriate. Manchester was
disappointed and is still disappointed by our not proceeding. However,
the Secretary of State, in conjunction with the Prime Minister, is
leading a task force looking at regeneration issues in Manchester and
Blackpool. We hope that those areas can be supported through
alternative regeneration
projects.
Mr.
Moss:
Of all the towns and cities that applied for a
regional casino, why are Manchester and Blackpool the only ones that
seem to be getting some regeneration money from the Government? What is
wrong with the other people who bid for the
super-casinos?
Mr.
Sutcliffe:
The hon. Gentleman will be aware that this
Government have given regeneration money to all sorts of authorities,
in seaside towns and elsewhere. I am sure that he will congratulate the
Government on the £55 million that has gone into seaside
regeneration and on the wealth of other regeneration
moneys.
The specific
reason with regard to Manchester was that it thought that it was going
to get a regional casino and did not. Manchester has raised issues with
us and there are alternative regeneration proposals for it. Clearly,
Blackpool was raised as an issue in the other place and in this House
with regard to the Casino Advisory Panel. It is quite clear why those
two authorities want to look at regeneration
issues.
Mr.
Ellwood:
You will now understand why I am sad that
Bournemouth did not put in a bid for a regional casino,
Mr. Bercow. Had we done so, we would now be
expecting a huge amount of regeneration money from the Government, if
that is the Ministers
argument.
If Manchester
or Blackpool, which both spent an awful lot of effort and money trying
to secure a super-casino, were to approach the Government for a large
casino, what would the answer
be?
Mr.
Sutcliffe:
Manchester and Blackpool were asked if they
wanted large casinos and they did not bid for them. That is the
answer.
Mr.
Ellwood:
Because they were after a
super-casino.
The
Chairman:
Order. We will not have sedentary
interventions.
Mr.
Sutcliffe:
What came through from the contributions of the
hon. Members for Bournemouth, East and for Bath was that whatever we
did had to be evidence based, and I wholeheartedly agree with that. The
Secretary of State and the Department had no intention of suggesting
that issues worthy of considerationwhether they be about age or
the 24-hour issuewill not be consulted on or that we will not
consider the evidence that comes before
us.
I pay tribute to
the work of the British Casino Association on the issues that face the
industry. I realise that there are some problems within the sector.
That is why we want to consider what has been put to us and we will do
so. We will work with the industry, as we have in the past, to look at
what can be done for existing casinos. However, the regulations are
about the new 16.
The
hon. Member for Bournemouth, East asked about the statutory levy and
the issues regarding the Responsibility in Gambling Trust. It is very
clear from what the Secretary of State has said that we must see an
increase in the number of people who contribute to the voluntary levy.
We have asked the Gambling Commission to look at the system for
collecting the levy. By the autumn it should report on that process and
whether it has been successful. The chair of the Responsibility in
Gambling Trust was quite pleased with the Secretary of States
announcement because there was an almost immediate increase in payments
to the organisation. If the voluntary contributions work, that is fine.
If they do not, the Gambling Commission will make recommendations to
us. If we have to put forward a statutory levy, we will do
so.
Mr.
Foster:
The Minister is going backwards rather than giving
us greater clarification. He referred to the Gambling Commission
advising on the process and the number of people who are contributing.
He said that we must see an increase in the number of people. At least
before, it was a substantial increase, rather than just an increase in
the number of people.
I am none the wiser about what
we are looking for. What is in the Secretary of States mind
that will help us all to know that we are not getting there and that
there will be a statutory levy? Unless the industry knows that there is
a real threat, we will be in exactly the same position as we were under
two previous Secretaries of
State.
Mr.
Sutcliffe:
I do not agree. The industry knows that 10 per
cent. is not enough in terms of the numbers that are contributing. We
need to see a substantial increase. We were asked for an evidence base
and it is right and appropriate that the Gambling Commission tells us
where we should pitch the levy. We will then look to do
that.
Mr.
Moss:
I am grateful to the Minister for giving way again
and for his patience.
I return to the point that I
raised earlier. Why are we saying that we need to raise more money? Who
says that we need more money for gambling problems? Is that driven by
GamCare or the Responsibility in Gambling Trust? Do the Minister and
his Department get to see the cost-effectiveness of the money that is
spent and the number of problem gamblers that are helped? Is there an
analysis of
that?
Mr.
Sutcliffe:
Just to help the Committee, the Responsibility
in Gambling Trust is the body responsible for drawing in the moneys for
the treatment of people with gambling problems. It does that through a
number of organisations, of which GamCare is an obvious example. I
believe that process to be cost-effective. The chair of the
Responsibility in Gambling Trust is looking at the amount of money
needed. That evidence is based upon the prevalence study and trends
within the sector. It is clear that the industry wants to be
responsible, and some of the key players contribute a great deal and
very quickly. All that we are saying is that we want an increased
contribution, and we will report back in the autumn on how to take that
forward.
The hon.
Member for Bath asked me to reassure him on the issues concerning the
licensing authorities and planning, and I am happy to do so. He will
know that the licensing authorities have the opportunity to hear from
people who live close by and would be affected. The
definition is clear, and I agree that the issues that
affect communities should be taken into consideration. However, most of
the casinos that exist at the moment have operated in a proper manner,
and as a sector and an industry it is able to deal with those issue
well. One of the objections to the Gambling Act is the need to protect
us from crime, but the casino industry has a proud record of ensuring
that there are sufficient safeguards in place to stop crime operating
within its premises.
The hon. Gentleman asked me what
I intend to do in relation to the review on stakes and prizes and how I
will respond to bingo and the British Amusement Catering Trade
Association. I will shortlyit was shortly when I last spoke to
him and it is now very shortlymake some announcements on how
the Government intend to go forward, and we will do that is due
course.
Mr.
Moss:
With regard to the review of stakes and prizes, I am
encouraged to hear that there will soon be an announcement on bingo and
BACTA, but does it refer to the section 21 machines that the casinos
used to have under the 1968 Act, but which are now banned? At the same
time as putting new casinos, large and small, into the same areas in
direct competition with the existing estate, the Government are
diminishing the number of machines in the existing casinos and
increasing the competition through the number of machines in the
others.
Mr.
Sutcliffe:
I understand the hon. Gentlemans point.
It is a complex area of businessI have learnt at first hand
that it is very complex. We will cater for those issues in the
announcements. I am sure that they will make some people happy and
disappoint others, but I ask the hon. Gentleman to wait for the
announcements with a little more patience.
Mr.
Ellwood:
I am sorry to press the Minister on this point,
but can he say, yes or no, whether the number of B1 machines, which is
currently limited to 20 in casinos, will be
reviewed?
Mr.
Sutcliffe:
The hon. Gentleman will have to wait for the
announcement in due course.
The hon. Member for Gosport, who
is not in his place, asked me to clarify the scope of the categories
order, which provides the minimum and maximum floor areas for the parts
of casinos used for providing gambling facilities. Section 5 of the
2005 Act sets out an extensive definition for facilities for gambling,
which will apply to the order. I can confirm that facilities for
gambling and gambling areas are the same, so I hope that that will
reassure him.
The hon.
Member for Bath referred to my right hon. Friend the Member for
Sheffield, Central (Mr. Caborn) and raised the
issue of the figures. He will be pleased to know that I accept his
figure of 239. He was quite right to say that those are theoretical
maximums that might be achieved. I think that my right hon. Friend was
quoted out of context, as he was seeking to make the point that the cap
on the number of new casinos permitted by the Act was an absolute and
that no new casinos would be permitted until agreed by Parliament. I
have dealt with the point raised about vicinity, and we have talked
about the issue relating to the Gambling Trust.
The hon.
Gentleman asked me about casino premises licences for the future, and I
am happy to say that local authorities will be obliged to run fair and
open competitions for such licences and have regard to the provisions
of the Gambling Act. It will be their responsibility to ensure that any
arrangements that they enter into do not compromise their ability to
exercise their statutory functions fairly and appropriately, and the
Gambling Commission included advice in its guidance to licensing
authorities to that effect. We also made that point when we consulted
on the draft code of practice on competitions in February 2007, and the
code of practice published today makes it clear that a licensing
authority must ensure that any pre-existing contract arrangement and
the relationship with any other person do not affect the manner in
which they invite them to turn in
applications.
Mr.
Ellwood:
The Minister has been helpful and gracious. On
permitted areas and the licences that are available, will he consider
the possibility of the ability to move licences from one permitted area
to
another?
Mr.
Sutcliffe:
Again, that is the proposal that has been put
to us in correspondence from the BCA, to which I shall respond in due
course. I shall make the hon. Gentleman aware of my views on whether
such an ability is
appropriate.
We should
ensure that we act cautiously. Small and large
casinosthis is not the hon. Gentlemans pointare
new to the UK and we want to ensure that we introduce them in a proper
manner. I acknowledge the length of time that it has taken, but it is
right to proceed on an evidence base, look with caution to where we are
heading, and take into account the views of the industry, local
government and local stakeholders. I shall write to
members of the Committee on any points that I have not made, but with
those assurances, I hope that the Committee will support the
regulations and order.
Question put and agreed
to.
Resolved,
That
the Committee has considered the draft Categories of Casino Regulations
2008.
Draft gambling (geographical
distribution of large and small casino premises licences) order
2008
Resolved,
That the Committee has
considered the draft Gambling (Geographical Distribution of Large and
Small Casino Premises Licences) Order
2008.[Mr.
Sutcliffe.]
Committee
rose at twenty-four minutes to Six
oclock.