Supplementary memorandum from the Local
Government Association (DGB 176)
INTRODUCTION
Further to the oral evidence session attended
by the Local Government Association (LGA) on 29 January 2004,
the LGA is pleased to provide the further information requested
at that time.
The LGA was asked for its view on the existing
and proposed land use planning powers in relation to casinos and
gambling establishments.
In relation to current powers, PPG6 suggests
that these uses should be located in sequentially preferable locations
beginning with town and district centres before moving on to edge
of centre sites and then out of centre sites, and that facilities
should be located in centres which serve the same catchment area
as the uses proposed. This is reiterated in the consultation draft
of PPS6.
However, the Joint Ministerial Statement of
7 August 2003 makes it clear that it is envisaged that the market
will determine the number, size and character of casinos and their
location and that the Government considers this type of development
likely to present major opportunities for regeneration and tourism
which could have a significant effect on the economy of the area.
In addition, the Ministerial Statement is clear that the government
does not want to see a proliferation of smaller scale casinos
in the High Street, which under current policy requirements would
be the first priority for this type of development.
"The Government is keen to secure these
benefits where they can make the greatest contribution to its
objective of encouraging economic development and creating sustainable
communities." (Paragraph 14 Joint Ministerial Statement August
2003).
In effect this is an acknowledgement that casino
development of the scale envisaged is unprecedented in this country
and therefore has not been tested through the current statutory
planning process. It also gives the regeneration benefits of such
developments a pre-eminence that current planning policy does
not reflect. It appears clear that the Government has recognised
that this new type of development requires a different policy
response.
What this means in practice is not yet clear.
Currently casinos tend to be discreet operations, often aimed
at wealthy customers. Because of their small size and the way
they are run, they generally have little effect on the amenity
of neighbourhoods and on conditions in streets nearby.
The proposals in the draft Gambling Bill abolish
area restrictions, remove the requirement for membership and allow
high prize money gambling machines in casinos and in bingo halls.
They introduce the possibility that there will be large casino
type facilities catering for a mass market. This widening of the
customer base and the possibility of gambling effectively subsidising
the entertainment offer and more critically the sale of alcohol,
makes it more likely that issues of nuisance will arise in relation
to gambling premises.
Casinos have traditionally operated late into
the night; frequently until dawn. It is assumed that these hours
will continue and other new casinos would have similarly late
hours. Depending on their location, it is possible that new casinos,
particularly the larger ones, will impact negatively on neighbourhood
amenity and town centres. Notwithstanding proposed changes in
planning law, the LGA believes that a new licensing objective
of [odq]the prevention of public nuisance[cdq] should be added
to Clause 1 of the draft Bill.
At present it is not clear how many existing
casinos will change to the new format and how many new larger
casinos there will be, although it is clear that there are major
businesses who intend to take advantage of the proposed arrangements.
Should casinos remain in the same Use Class as community uses
such as cinemas and sports facilities, some member authorities
have expressed concern that operators will target such premises
which could be changed to a more profitable gambling use without
the need for planning permission.
The draft Guidance to be issued under Section
182 of Licensing Act 2003 makes it clear that special saturation
policy areas can be a feature of local alcohol and entertainment
licensing policies to be drawn up under this Act. LGA recognises
the synergy between the planning and licensing systems, and it
is very important that through either the proposed planning or
gambling regimes that the issue of saturation of alcohol, entertainment
and similar premises can be taken into account when considering
new gambling premises licences.
ISSUES SPECIFIC
TO WALES
None identified at this time.
March 2004
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