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Make a gambling representation

Find out what a relevant gambling representation is and how to submit one to us.

Anyone can comment on a gambling application to support or object to it. This is also called 'making a representation'.

We publish all current gambling applications.

Relevant representations

We can only consider relevant representations. A representation is relevant if it relates to 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.
  • Protecting children and other vulnerable persons from being harmed or exploited by gambling.

For example, you can make a representation if you worry that granting an application will encourage children or vulnerable people to gamble. You need to tell us why you think that.

You cannot make a representation if you worry that granting an application will lower house prices. This is not relevant as it does not relate to one of the licensing objectives.

We will not consider representations that are:

  • Not serious. This is also called 'frivolous.'
  • Only made to annoy the applicant. This is also called 'vexatious.'

Make a representation

When to submit a representation

Your representation must reach us before the 28-day notice period expires. We will not consider late representations.

You can check the date of an application on the current gambling applications page. You can also look at the site notice outside the premises which advertises the application.

Your personal details

When we organise a hearing, we will pass your name and address to them, along with a copy of your representation. We won’t pass on your phone number or e-mail address.

You can ask us to not pass on your details to the applicant. You need to tell us why in the application form. For example, if you are worried about intimidation or violence.

Asking us to withhold your personal details does not guarantee that we won’t pass them on. We will look at the evidence and make a decision. We will usually only withhold your personal details in exceptional situations.

If you don’t want to tell us your personal details, you can make a representation through a representative.

How to submit a representation

Submit online

You can submit your representation online. You will need to register or log in to our customer portal to apply online.

Make a gambling representation

Submit by e-mail or post

You need to include:

  • Your name
  • Your postal address
  • Your phone number
  • The applicant’s name and address
  • The reasons why you support or object to the application. Give as much detail as possible.

We need your contact details so we can get in touch about your representation. If you don’t want the applicant to know your personal details, please explain why in your representation.

Submit your representation by e-mail to Licensing@torbay.gov.uk or by post to:

Licensing Department
Community and Customer Services
Torbay Council
Town Hall
Castle Circus
Torquay TQ1 3DR

Other ways to make a representation

Through a representative

If you do not want to make a representation yourself, you can ask someone to make the representation on your behalf. This person will be your representative.

We need to receive representations made by a representative within the 28 day notice period.

Who can be your representative

You could ask a local Councillor or any other recognised body or association. If you don't know who you can approach in your area, please contact us and we will be happy to advise.

Submitting a representation through a representative

If you have found a representative to make a representation on your behalf, you need to submit a letter of authorisation.

You must tell your representative:

  • your name
  • address
  • the reasons why you are making a representation.

The representative must write down the representation and include your reasons for making the representation. They must then send it to us.

If we need to get in touch about your representation, we will contact your representative. The Notice of Hearing and any decision letter will also be sent to your representative

Through a petition

We accept petitions. There are some important factors to consider when organising a petition:

  • The person launching the petition must provide their contact details. This person is also called the 'instigator.' We may contact them to verify certain information. If we cannot contact them, the petition could be invalid.
  • Each page of the petition should explain the purpose of the petition, so that all persons know what they are signing.
  • Everyone who signs the petition must give their full names and addresses. People who sign the petition are known as 'signatories.'

The signatories must be aware that:

  • we will send a copy of the petition to the applicant.
  • we will include a copy in the committee papers.
  • when we do this, we will remove all personal details, such as names and addresses.

We usually treat a petition or pre-printed letter as one representation, even if a lot of people signed it. We encourage everyone signing the petition to also submit their own representation. This could have more impact than one petition.

We will only get in touch with the instigator. The instigator should inform everyone else about the hearing date and final outcome. At the hearing, the instigator will represent all the signatories and speak for them.

What happens next

We will check your representation to make sure that it is relevant.
If the representation is not relevant, we will contact you and explain why.

If the representation is relevant, we will send a copy to the applicant.

Hearings

If we receive relevant representations, we will organise a hearing for the application.

The hearing will take place before a Licensing Sub-Committee. The Sub-Committee includes 3 Councillors from the Full Licensing Committee.

Hearing notice

We will send a hearing notice to:

  • the applicant
  • the people who made a representation or their representatives
  • any responsible authority, including the police or HMRC.

The notice explains:

  • the date and time of the hearing
  • the location of the hearing
  • the procedure for the hearing.

We usually send the notice at least 10 days before the hearing. You need to respond to the hearing notice.

Hearing process

Everyone who has submitted a representation can talk to the Sub-Committee. The public can also attend the hearing, but they cannot talk to the Committee.

The hearing will discuss the objections to the application. You can only talk about the reasons you gave in your representation. All parties have 10 minutes to talk about their representations. If there are a lot of people, the committee may ask you to nominate a spokesperson. If you have a representative, they will speak for you. The committee may ask you questions directly, even if you have a representative.

You cannot ask questions to anyone else.

If you cannot attend the hearing, the committee will still look at your written representation.

The committee will usually announce their decision at the hearing. We will also send a written confirmation of the decision to all parties after the hearing.

If you not agree with the decision, you can appeal to the Magistrates Court.