Agenda item - Underage Gambling Test Purchase Operation

Report of the Director of Public Health (copy attached)

18.1    The Committee considered a report of the Director of Public Health detailing a recent underage gambling test purchase exercise by the Council’s Licensing Team and assisted by the Gambling Commission on the 9 October 2014. Following the report of the previous test purchase exercise presented at the June meeting of the Committee, officers had been instructed to continue to monitor premises and take appropriate enforcement action including test purchases. Previous failing businesses were retested. This report detailed the further monitoring which had taken place.

18.2    It was confirmed that following the initial failed purchases each premises had been sent a warning letter with details of the test purchase and the offence committed. The licence holder had been asked for a written response on how they will address the weaknesses in their underage gambling procedures shown by the test. They were also informed that Brighton and Hove Council intended to conduct a re-test of their gambling premises in the future, and should that test again show weaknesses, consideration might be given to initiating a review of their premises licence. Written responses were received from all those premises that failed the test purchase acknowledging the failure and offence and committing to improve their policies and procedures.

18.3    A second test purchase operation had been carried out on 9 October 2014 by the Council’s Licensing Team assisted by the Gambling Commission. A total of 5 premises were visited (1 Betting Shop, 1 Bingo and 3 AGCs). Bridge Bookmakers who had previously failed had notified officers of their closure so no re-test could take place. The operation involved three officers from the Local Authority and an officer from the Gambling Commission. A supervisor from the Licensing Team first entered the premises, to assess that the premises was safe to enter and machines were available for use, followed by the test purchaser entering. The test purchaser was a 16 year old boy and he was instructed to first walk around the premises then start playing a gaming machine (for 18 years persons only) for approx 7-10 mins.

18.4    Two of the premises failed the second test purchase by failing to challenge the young person. The three premises that passed had been written to informing them that they had passed the test purchase and that they needed to continue to monitor their policies and procedures for the prevention of underage gambling. The two premises that failed had been sent a letter informing them that they had failed the test purchase and that a review of their premises licence would be submitted by the Licensing Authority. Licence reviews of these premises would take place in the near future.

18.5    In answer to questions by Councillor Wealls it was confirmed that the test purchase operations had been carried out in accordance with recognised good practice within the industry and as operated by comparable local authorities. Councillor Wealls commended the work which had been undertaken.

18.6    RESOLVED – (1) That the Committee notes the contents of the report; and

(2) That officers continue to monitor premises and take appropriate enforcement action including test purchases.