Bill to grant English local authorities more power over gambling licensing advances
Amendment 305 would allow local authorities to conduct Gambling Impact Assessments.
UK.- Legislation that would grant local authorities more influence over licensing decisions on retail gambling premises has passed its third reading in the House of Lords. The English Devolution and Community Empowerment Bill will now advance to final consideration and Royal Assent.
The reporting stage earlier saw endorsement of a series of amendments by Baroness Taylor of Stevenage, Parliamentary Under-Secretary of State for Housing and Local Government. Of importance for the gambling sector is Amendment 305, which would introduce the concept of Gambling Impact Assessments (GIAs) into the Gambling Act 2005.
This would mark a departure from the Act’s “aim to permit” principle, under which licensing applications for gaming halls or bookmakers should be generally approved unless local authorities can present strong evidence, such as heightened gambling risks, to justify refusal. Rejection of an application without being able to show such evidence can lead to the decision being overturned.
However, GIAs are set to change that, allowing local councils to designate specific areas where allowing new gambling premises could be deemed harmful due to cumulative effects and local evidence of harm. In these zones, applicants will bear the responsibility of demonstrating compliance with licensing objectives before approval is granted.
The amendment states: “This would amend the Gambling Act 2005 to enable licensing authorities to adopt, and act in accordance with, policies aimed at preventing the grant of gambling licences in order to respond to (a) the cumulative impact of multiple gambling premises or (b) other reasons relating to the licensing objectives in that Act.”
The measure would not allow councils to ban gambling venues from certain areas outright. Applicants would still be able to challenge refusals, which could be overturned if they are able to prove alignment with the licensing objectives. In this sense, the aim to permit framework remains in place, but Amendment 305 would remove the presumption in designated areas of concern.
Local authorities have been calling for such flexibility for some time due to complaints of a saturation of gambling venues. Prime Minister Keir Starmer has previously pledged to give councils stronger powers. However, the bill must first now return to the House of Commons, where MPs could still strike out Amendment 305.
