Leaders of the StopPGMerkurSlots campaign have expressed anger and disappointment after Enfield Council cancelled the review, scheduled for this morning, into the granting of a licence for a 24-hour slot-machine arcade in the centre of Palmers Green. The council's change of mind came about after it received a legal challenge and was advised that it could not be confident of defending the challenge and that there might be "financial consequences".
News that the council had decided to cancel this morning's review meeting was communicated to campaigners, councillors and others involved just after 6pm yesterday (Tuesday 15 June) in an email from principal licensing officer Ellie Green:
Good evening
I write to advise you of the following information that I have received from our Legal Team:
“The council recently received a legal challenge to its acceptance of an application for review of a bingo premises licence under the Gambling Act 2005 on 3 grounds:-
“Ground 1: Cllr Caliskan is not an "Interested Party";
Ground 2: The Defendant had no power to embark on a review that may interfere with, let alone take back, a licence before it has even traded and without any other change in circumstances;
Ground 3: The Decision is substantively unlawful and founded on irrelevant considerations.”
As a result of this challenge the council sought legal advice from a counsel who is an acknowledged expert in gambling law. That advice made clear that the council could not be confident of defending such a challenge because “a good proportion of the evidence advanced in support of the review is highly speculative, based more upon macro societal trends and surveys, rather than specific facts and data emerging from this specific location”. Further, the advice also made clear that there may even be financial consequences against the council.
In light of this advice, the council’s Monitoring Officer decided it was necessary to reject the application for review, that had been previously accepted. As a result of this decision the licensing sub-committee hearing that would have taken place on 16 June 2021 has now been cancelled.”
Yours sincerely
Ellie
Ellie Green
Principal Licensing Officer
Licensing Team
Environment & Operational Services
Place Directorate
Enfield Council
This morning the StopPGMerkurSlots campaign issued the following statement:
We are angry and bitterly disappointed that the hearing to revoke Merkur Slots licence we all worked so hard to achieve, has been cancelled at the last minute.
We understand that the giant Merkur has techniques and resources to block the will of the local community. We also ask acknowledge that the local council have their hands tied by a the gambling law and threats of a judicial review.
Moving forward we will continue our campaign in collaboration with the local authority to reverse the destiny of our high street and plan for a positive changes that can improve our local high street, so making the community safe and the area vibrant for business.
StopP.GMerkurSlots
On their Change.org petition page the campaigners published the following update:
Dear supporters, it is with a very heavy heart that I bring you the worst possible news: after months of hard work and community action, the hearing to review the Merkur Slots licence was suddenly cancelled at the last minute, due to Cashino Gaming Ltd. threatening the council with legal action and calling for a judicial review.
This is devastating news and naturally, we are extremely angry and bitterly disappointed with this outcome. It is a clear case of the hugely powerful gambling industry crushing individual and community protest and blocking the will of the people.
Once again, we (and the council) are at the mercy of the Gambling Act 2005 which is why we so desperately need the law to be changed. We can now only rely on our Enfield MPs to continue this fight on our behalf and acknowledge the tremendous help and support of our Enfield Southgate MP Bambos Charalambous.
Our campaign group would like to thank you all for your continued support for our cause, for writing multiple letters of protest and especially those who wrote representations for the hearing, which in the end was sadly dismissed.
Moving forward, we will continue to support efforts to reverse the decline of our high street and plan for positive change to make improvements, keeping the area safe, socially vibrant and commercially viable.
We are taking this opportunity to regroup and consider what action (if any) should follow. We would welcome your comments, ideas and suggestions.
Wendy Sands
on behalf of StopPGmerkurslots campaign group.