Supplementary memorandum from the Department
for Culture, Media and Sport (DGB 183)
1. Note on transition funding available
to the Gaming Board
2. Supplementary note on the interaction
between planning permission and gambling premises licensing.
1. TRANSITION
FUNDING AVAILABLE
TO THE
GAMING BOARD
1. The Department took note of Peter Dean's
letter of 21 January 2004 to the Committee chairman.
2. We have no comments to add to those of
Mr Dean on the issue of regulating betting exchanges.
3. The Department has received the request
from the Gaming Board for £2.5 million for financial year
2004-05 to fund additional work on transition. We are planning
to make additional money available to the Board during financial
year 2004-05 to cover their work on transition to the Gambling
Commission.
4. The Department also acknowledges the
issues raised by Peter Dean in paragraphs 8 and 9 of his letter.
In practical terms alone, it would be ideal if the Board were
able to spend money now on the full range of preparations necessary
for the assumption of the new responsibilities it will carry as
the Gambling Commission. Nonetheless, the Department accepts that
the activities of the Board in this transitional period will continue
to be constrained by Government Accounting rules that require
Parliamentary consent before expenditure can be incurred on practical
preparations for new services. The Department does hope, however,
that following parliamentary consent it will be possible for the
Board to make substantial progress during the 2004-05 financial
year with the resources provided by the Department for this purpose.
Government Accounting rules do also make provision for some preparatory
expenditure following second reading of the relevant Bill.
2. THE INTERACTION
BETWEEN PLANNING
PERMISSION AND
GAMBLING PREMISES
LICENSING FOR
CASINOS
1. The Department provided, late last year,
a note on the interaction between planning permission and gambling
premises licensing for casinos. That note focussed on appeals
available in the two systems, which was a subject of discussion
at the time.
2. The Committee has asked for a further
explanation of the system. This is noted below.
3. DCMS is at present involved in discussions
with colleagues in other Departments, notably the Office of the
Deputy Prime Minister, following on from the joint statement from
our two Departments of 7 August 2003. The Government plans to
give further clarification about the role of regional planning
bodies in England in considering planning permission for the largest
casinos.
THE PROCESS:
Applications
1. The operator applies to the planning
authority for planning permission, if a change in the use of the
relevant premises (or intended construction) requires permission.
2. If not already in possession of an operating
licence, the operator applies to the Gambling Commission for an
operating licence.
3. The operator may apply to the gambling
licensing authority for a provisional statement in relation to
the premises. If the authority grants the provisional statement,
its rights to then refuse the full premises licence are restricted[4].
The applicant may also apply for a full premises licence at the
outset.
Appeals
4. If planning permission is not granted,
the applicant may appeal. If permission is granted, local persons
who made representations have no right of appeal, but may seek
judicial review of the decision.
5. If the application for the operating
licence is refused, the applicant may appeal to the Gambling Appeals
Tribunal. There is no role for third parties.
6. If the application for a provisional
statement, or a full premises licence, is refused, the applicant
may appeal. Responsible authorities or interested parties, who
opposed the grant of the premises licence, may also appeal against
an approval. The appeal is to be heard by the Magistrates in England
and Wales.
February 2004
4 The Department has noted comments about the drafting
of clause 169, and will consider whether changes should be made
to limit the change of circumstances that might be considered
relevant. Back
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