A campaign opposing the opening of a 24-hour gambling arcade in Palmers Green has gained substantial support from local residents. By Tuesday evening, four days after its launch, nearly 2700 people had signed a petition to Enfield Council calling for a review of the gambling licence granted last month to a new branch of Merkur Slots in Green Lanes. The campaign has also attracted the backing of Enfield Southgate MP Bambos Charalambous, who has stated that he is "appalled" at the plans and has raised questions about the spread of high street gambling with the culture secretary.
Support and advice has also been provided by two local councillors. However, both they and the MP have pointed out that under current national legislation local authorities' powers to control gambling premises are very limited. Despite this, the group of local residents who raised the alarm last week intend to continue with their campaign.
Wendy Sands started this petition to Cllr Nesil Caliskan (Leader of Enfield Borough Council)
As residents of Palmers Green, we are dismayed to learn that Enfield Council has granted a license to open a Merkur Slots gaming centre in the heart of Palmers Green High Street. We feel a slot machine arcade with a 24hr license will be detrimental to the area and will undo a lot of the positive work that local community groups have been doing to regenerate the high street and make it an appealing place for families to shop and access local amenities.
The planning and licensing application was made in December 2020 when we were in the middle of a national pandemic and Covid19 was at a peak. People were following government advice to stay at home and this drastically reduced opportunities for the community to be properly informed as the notices would not have had the amount of exposure expected in normal circumstances. Consequently, very few people would have been aware of the application for a 24hr gambling licence and plans for illuminated signage in the short time allowed. Furthermore, we feel Enfield Council did not follow the due process in respect of the notifications.
We feel we were not properly consulted or given a chance to raise objections due to the extreme circumstances of the pandemic and that this application has slipped under the radar unchallenged. We are proud of our local area and strongly object to yet another gambling establishment that we don't want or need.
We call on Enfield Council to revoke this license and associated planning application with immediate effect.
#stopPGmerkurslots
The online petition, using the hashtag #stopPGmerkurslots, was started by local resident Wendy Sands and is addressed to Nesil Caliskan, leader of Enfield Council. It calls for revocation of the gambling licence and planning permission, which were both granted in January. The main argument put forward is that notice of the planned opening "slipped under the radar" during the December lockdown period.
As well as the high level of support for the petition, news of the new "bingo" licence led to a flurry of forum comments on PGC, unanimous in their view that the new arcade will be detrimental to Palmers Green. Many people have written to councillors in Palmers Green and Winchmore Hill wards and to Bambos Charalambous. Replies by the MP and councillors are summarised below and you can read the full text of what they wrote by clicking on the headers at the bottom of this article.
Bambos Charalambous: "A very unwelcome addition to the night-time economy"
In an email sent to the campaigners, Bambos Charalambous says he thinks that a 24-hour adult gaming arcade would be a "very unwelcome addition to the night-time economy of Palmers Green and would have a negative impact on efforts to improve and regenerate the high street". While pointing out that the Council "is restricted by law in its ability to limit the number of gambling premises and the type of representation which it can take into account when determining an application", he nevertheless says that he has written to the Council asking several questions, eg about the adequacy of the notifications prior to granting of the licence, whether there is any formal process for challenging the decision, and the extent to which the Council consulted with neighbours, business and community groups and the police.
Questions for the culture secretary
As well as writing to Enfield Council, the Southgate MP has raised the issue of the adequacy of consultation arrangements during the pandemic with the secretary of state for Digital, Culture, Media and Sport (DCMS), Oliver Dowden. Additionally, he has asked him about when he intends to start a promised consultation with local authorities about possible extension of their powers to enable them to limit the growth of gambling premises in an area. This was a recommendation of a House of Lords committee report that noted that the “liberalisation of the regulation of gambling has led to an increased presence of gambling services on the high street”.
In the MP's view, "At a time when local high streets are facing huge challenges and the local community are keen to see their local economy thrive, enhancing the powers of local authorities to make decisions based on local needs is urgent."
Mary Maguire: "The council's hands are tied"
In her response, Cllr Mary Maguire, who represents Palmers Green and is also a senior cabinet member, writes that she has asked council officers for advice about the possibility of reviewing the decision to grant the license. But she cautions that "In many respects [...] the Council’s hands are tied by the Gambling Act", which legallly requires Councils to "aim to permit" gambling premises, and so "is a fundamental obstacle to objections".
She adds that council leaders and other members of local authority executives are forbidden by law to intervene in planning and licensing decisions. The person who the petition should be addressed to, in her view, is the culture secretary, Oliver Dowden.
Dinah Barry: Gather evidence of problems
A second councillor who has written in response to constituents' concerns is Dinah Barry, from Winchmore Hill ward. Based on advice from a colleague, she suggests that an attempt to revoke the licence prior to the arcade opening is unlikely to be successful. Once open, however, the campaigners should gather evidence of problems caused by the arcade, eg crime and disorder or harm to children, but should wait at least six months before asking for a licence review, and then only if they have strong evidence.
More positively, her colleague thinks that "a close reading of the licence will show that [the proprietors] do not intend to operate 24/7 (even if they are licenced for those hours)"
Full text of responses by the MP and councillors
To read the full text of the responses sent to the campaigners, click on the headings below.
Reply from Bambos Charalambous MP
Reply from Bambos Charalambous MP
Thank you for contacting me to raise your concerns about the permission granted to Cashino Gaming Ltd, trading as Merkur Slots, to open a 24 hour Adult Gaming Centre at 292/292a Green Lanes, London N13 5TWhttps://www.google.com/maps/search/292%2F292a+Green+Lanes,+London+N13+5TW?entry=gmail&source=g. Since you wrote to me last week I have been contacted by a large number of local residents.
As you are aware, applications were submitted on 27 November 2020, with the deadline for representations being 27 December 2020. I understand that a Bingo Premises Licence was obtained on 4 January 2021 and Planning Application granted on 29 January 2021.
I am appalled by this development and agree that a 24 hour Adult Gaming Centre arcade would be a very unwelcome addition to the night time economy of Palmers Green and would have a negative impact on efforts to improve and regenerate the high street in Palmers Green.
The Local Authority is restricted by law in its ability to limit the number of gambling premises and the type of representation which it can take into account when determining an application. The Gambling Act limits the Local Authority to specific grounds to refuse a licence, which are that the establishment does not:
- prevent gambling from being a source of crime or disorder;
- ensure that gambling is conducted in a fair and open way;
- protect children and other vulnerable persons from being harmed or exploited by gambling.
Licensing Process
However I note your specific about the process by which the Bingo Premises Licence was obtained and whether the notifications, specifically the notice on the premises and in the Enfield Independent, were adequate and comply with the legal requirements of the Gambling Act.
I have therefore raised these points with Enfield Council asking for their response on:
- Exactly what the requirements are for notices on premises and in newspapers and can it be confirmed whether these two limited forms of notification are considered to be adequate and compliant with the requirements of the Gambling Act?
- Whether the decisions made in relation to these premises be reviewed by Officers in the light of the concerns about the adequacy of the notification to the public?
- Whether there is any formal process by which local residents can challenge the process which resulted in these decisions having been reached?
- What activities a Bingo Premises Licence permits a business to undertake?
- Whether there are any outstanding applications in relation to these premises?
- In relation to the consultation conducted by Enfield Council can you please urgently provide more details on the extent of the consultation including whether:
-
- neighbouring local businesses were consulted;
- those living near and opposite these premises, including in flats above commercial premises in Green Lanes, and who would be impacted by a 24 hour arcade were consulted?
- business groups, local community groups or residents associations were notified?
- the views of the police were sought given that a 24 hour arcade may reasonably be considered as a potential source of anti social behaviour and disturbance
I must however stress that the legal restrictions placed on Local Authorities will ultimately restrict what action they can take. I have therefore raised further issues with the Government.
Covid 19 Restrictions
Another serious issue with this application is that it was made in a period that London was subject to additional Covid 19 restrictions and it is likely that very few local residents or neighbouring businesses would have been aware of this application. Indeed as only one representation was received by the deadline, this does seem to have been the case. Since local residents were made aware of the approval last week I have received a large number of emails and I note that a petition has had in just four days over 2,500 signatories objecting to this development, which indicates the level of concern in the local community.
I have raised concerns with Oliver Dowden MP, Secretary of State for Digital, Culture, Media and Sport about the adequacy of the usual notification requirements during a period of Covid 19 restrictions. I have expressed my concern that the exceptional circumstances should not facilitate an application which is clearly unwelcomed by many and in relation to which many local residents do wish to make representations. The normal notification methods, even if they were compliant with the regulations do not appear to be adequate as a means of notifying the public when access to the high street is limited and the circulation of a small local newspaper even more restricted.
I have asked the Secretary of State for his views on whether the normal methods of advertising a notice for an Adult Gaming Centre premises licence are effective during a period of Covid 19 restrictions.
Concentration of Gambling Premises
Concern has also been raised that four betting shops are already in close proximity to the proposed Adult Gaming Centre, resulting in a concentration of gambling premises in the local high street. Local Authorities have limited capacity to control the number of betting shops on the high street. Indeed the Gambling Commission’s guidance to Local Authorities makes it clear that there is an “aim to permit” and the Local Authority “should not comment on whether there is demand for gambling premises”.
In July 2020 a House of Lords Committee report on gambling harm noted that the “liberalisation of the regulation of gambling has led to an increased presence of gambling services on the high street” with the gambling industry driving that demand. One recommendation, which I would support, was to increase regulatory powers of Local Authorities to limit the growth of gambling premises in an area, including on the basis of objections from the local community and considerations of the character of the locality. This would be in line with the process for licensing premises for alcohol sale. At a time when local high streets are facing huge challenges and the local community are keen to see their local economy thrive, enhancing the powers of Local Authorities to make decisions based on local needs is urgent.
In December the Government in December 2020 stated that they would seek the views of licensing and local authorities on changes they would like to see to their powers. I have asked the Secretary of State for Digital, Culture, Media and Sport to confirm me whether this consultation has commenced. If it has not, I have asked for the timetable for the consultation including when Government will report on the findings.
I will update you on the response of the Local Authority and the Secretary of State as soon as I am able and thank you for your help in bringing this to my attention.
Reply by Cllr Mary Maguire, Palmers Green ward
Reply from Cllr Mary Maguire (Palmers Green ward)
I, too, am concerned about the number of gambling establishments on our high streets. I have taken up the issue with officers and I am trying to explore whether it is at all possible to get a review of the decision. I have a meeting planned with officers early next week.
In many respects, however, the Council’s hands are tied by the Gambling Act. There was a similar issue in Edmonton, but, again the law seems to be in favour of the gambling establishments.
Neither the licensing nor the planning framework provides Councils with very effective powers to limit the number of gambling premises in their areas, and many betting shops have been long established some time ago.
The fact that the premises were formerly a William Hill betting shop means there was no need for planning permission. The licence is granted under the Gambling Act. The licensing regime in particular legally requires Councils ‘to aim to permit’ gambling premises, and so is a fundamental obstacle to objections.
The licensing and planning team have tried to exercise as much control as possible of betting shops within the constraints of the legislation. Just about 15 years ago there were 80 licensed betting shops in the borough, there are now 75.
The Gambling Act has limited grounds to refuse a betting shop licence. They can be refused if they do not meet the licensing objectives – these are:
- preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime,
- ensuring that gambling is conducted in a fair and open way, and
- protecting children and other vulnerable persons from being harmed or exploited by gambling.
There is no ability under the Act to control the concentration (or clustering) of gambling premises. But, the Council has its statement of principles to try to control the impact of these premises, such as the impact on children, vulnerable persons and socio-economic indicators. Conditions have been developed to protect children and problem gambling.
I have seen the petition circulating from change.org and I would be more than happy to sign it if it were directed at the person who could change the law on gambling – ie. Oliver Dowden MP, Secretary of State. The Leader of Enfield Council, just like the Leader of any other Council, is not able to interfere in planning or licensing decisions – it is against local government legislation for any member of the executive to do so.
Reply by Cllr Dinah Barry, Winchmore Hill ward
Reply from Cllr Dinah Barry (Winchmore Hill ward)
I have discussed with my colleague. He makes the following points and is happy to discuss with you over the phone:
- The application would have been sent to councillors and to the police.
- The application is for a gaming licence which is the same whether it’s bingo or slot machines.
- The police, the Licensing Authority, and the councillors did not raise any objections.
- The bases for objections to such an application would be Crime and Disorder (and possibly harm to Children). Those objections would need to be based on evidence and with a new application there can be none. It would therefore have bn hard to refuse the application.
- If there was something glaringly wrong in the application the police would have objected.
- He thinks that a close reading of the licence will show that they do not intend to operate 24/7 (even if they are licenced for those hours) and that suitable measures will be given to prevent crime.
- A Judicial review is unlikely to be successful. The small advertisements and the timing are unlikely to be considered sufficient reason for overturning the decision. This is an experienced company so they are likely to have followed a process they have used before. There is no legal requirement for the size of the press advert. The one in the window must be A4 or larger.
- It was a betting shop before so Planning would have gone through easily because no change of use is involved.
Next steps:
- Look closely at the licence to check that there are measures given to prevent crime and disorder.
- Gather evidence of any problems caused and/or any failure of the measures promised, once it opens – allow at least six months before asking for a licence review. Be sure you have good evidence, a failed review will make a second review more difficult.
- The police will also be monitoring so should be ahead of you!
- PG residents could complain to the PG councillors that they should have drawn their attention to the application (they may have done so but only informed residents who gave GDPR permissions).
There may have been no chance of a successful objection to the application but the Leader of the Council promised a revival of PG High Street and this is not what you expected.
