Issue - meetings

The Executive Board considered the attached report.

RECOMMENDED: That authority be delegated to the Regulatory Committee to set fees under Section 212 Gambling Act 2005 in accordance with Section 154 Gambling Act 2005.

            The Executive Board had considered a report regarding a recommendation from the Regulatory Committee in respect of setting fees under section 212 of the Gambling Act 2005.

            RESOLVED: That authority be delegated to the Regulatory Committee to set fees under Section 212 Gambling Act 2005 in accordance with Section 154 Gambling Act 2005.

The Board considered a report of the Strategic Director – Corporate and Policy outlining a recommendation that authority should be delegated to the Regulatory Committee to set fees under Section 212 of the Gambling Act 2005.

It was advised that, on 22^nd January 2007, the Regulatory Committee had received a report on the Gambling Act 2005 which dealt with matters relating to powers and duties. The report had detailed the matters which the legislation reserved exclusively, either for full Council or for the Regulatory Committee. Section 212 of the Gambling Act 2005 enabled Councils to set fee levels in limited circumstances. This function had to be exercised by full Council unless the Council delegated the powers to the Regulatory Committee in accordance with Section 154 of the Gambling Act 2005.

The Regulatory Committee had therefore resolved that the Executive Board be requested to recommend this amendment to full Council.

RESOLVED: That the Council be recommended to delegate authority to the Regulatory Committee its power to set fees under Section 212 Gambling Act 2005 in accordance with Section 154 Gambling Act 2005.

            The Gambling Act 2005 was due to come fully into effect in September 2007 with a number of transitional arrangements coming into effect in April 2007. The role of the Regulatory Committee under the Gambling Act 2005 was similar to that under the Licensing Act 2003.

            The Committee was advised that Section 154 of the Gambling Act 2005 stated that the functions under Part 8 of that Act were automatically delegated to the Licensing Committee of every Licensing Authority established under the Licensing Act 2003.

            However, there were three exceptions to this automatic delegation under the Gambling Act 2005. The functions of the Licensing Authority under Section 166 (Resolutions not to Issue Casino Licences) and Section 249 (Three year Licensing Policies) may only be exercisable by full Council. Furthermore, although not automatically delegated to the Regulatory Committee, Council was authorised delegated functions under Section 212 (Setting Fee).

            The Gambling Act 2005 adopted section 10 of the Licensing Act 2003. This had the effect of enabling the Regulatory Committee to arrange for the discharge of any of its functions by a sub committee or (subject to limitations) by an officer of the licensing authority. It was proposed to put forward a scheme of Sub-Committee Powers and Duties and Officer Delegations similar to those already in place under the Licensing Act 2003. It was also noted that training for Members on the Gambling Act 2005 would be arranged in the near future.

            The effect of the Gambling Act 2005 on Powers and Duties of the Regulatory Committee and the Scheme of Delegation to Officers as set out in the Council’s Constitution was outlined in the report.

            The Committee considered it appropriate that the Council delegate to the Regulatory Committee its functions under section 212 Gambling Act 2005 (Setting Fees)

            RESOLVED: That

(1)       the powers and duties of the Regulatory Committee as amended by the Gaming Act 2005 be noted;

(2)       the Regulatory Committee sub-delegates its powers and duties under the Gambling Act 2005 to a Sub-Committee or Sub-Committees of  the Regulatory Committee as set out in the report;

(3)       the Regulatory Committee sub-delegates its powers and duties under the Gaming Act 2005 to the extent set out in the report;

(4)       the Executive Board be requested to recommend the Council to amend the Constitution of the Council accordingly; and

(5)       the Executive Board be requested to recommend the Council to delegate authority to the Regulatory Committee its power to set fees under section 212 Gambling Act 2005 in accordance with section 154 Gambling Act 2005.