Gambling Policy Statement 2010

Part A

9. Enforcement

The Kent & Medway Licensing Steering Group has formulated an Enforcement Protocol which each Licensing Authority and Responsible Authority has agreed. The purpose of this protocol is to facilitate co-operation and co-ordination between enforcement agencies in pursuance of both the Gambling Act 2005 and the Licensing Act 2003. It will underpin the mutual operational support required to tackle licensing issues.

In accordance with the Guidance this licensing authority will endeavour to avoid duplication with other regulatory regimes so far as possible.  This licensing authority will also, as recommended in the Guidance, adopt a risk-based inspection programme.

Licensing authorities are required by regulation under the Gambling Act 2005 to state the principles to be applied by the authority in exercising the functions under Part 15 of the Act with respect to the inspection of premises; and the powers under section 346 of the Act to institute criminal proceedings in respect of the offences specified.

This licensing authority’s principles are that:

It will be guided by the Guidance and will endeavour to be:

• Proportionate: regulators should only intervene when necessary: remedies should be appropriate to the risk posed, and costs identified and minimised;
• Accountable: regulators must be able to justify decisions, and be subject to public scrutiny;
• Consistent: rules and standards must be joined up and implemented fairly;
• Transparent: regulators should be open, and keep regulations simple and user friendly; and
• Targeted: regulation should be focused on the problem, and minimise side effects

The main enforcement and compliance role for this licensing authority in terms of the Gambling Act 2005 will be to ensure compliance with the Premises Licences and other permissions, which it authorises. 

The Gambling Commission will be the enforcement body for the Operator and Personal Licences.  The Gambling Commission will be responsible for compliance as regards unlicensed premises.

Philip Bensted

Licensing & Land Charges Manager

January 2010

The appendices that follow form part of this Policy Statement

Next page:  Appendix 1. Permits

1. The licensing objectives

2. Introduction

3. Declaration

4. Casinos

5. Functions

6. Responsible Authorities

7. Interested parties

8. Exchange of information

9. Enforcement

Appendix 1. Permits

Appendix 2. Premises licences

Appendix 3. Responsible Authorities contact details

Appendix 4. Delegation of functions

Appendix 5. List of persons consulted

Appendix 6. Statement of Principles

Licensing Department

E-mail:

licensing@thanet.gov.uk

Tel: 01843 577753