Prohibitionist councils are desperate to remove their requirement to ‘aim to permit’ AGC proposals, but in the meantime they are attempting to side-step it, as shown by North Yorkshire Council’s attempt to block a new venue in Whitby. So what did happen on Whitby high street?
North Yorkshire Council’s rejection of an adult gaming centre in Whitby has showcased how local authorities are seeking to circumvent their requirement to ‘aim to permit’ new venues.
In its refusal, the council argued that customers entering and leaving the venue would generate “levels of noise disturbance late in the evening and the early hours of the morning”. However, a representative for Luxury Leisure, the operator behind the AGC application, lodged an appeal insisting that the reasoning does not stand up to scrutiny.
The representative said in a factual and bold counter: “The council has no doubt phrased the reason for refusal in order to protect itself from a potential costs award” and maintained that “any reasonable assessment” would result in “a favourable determination” for the operator.
Indeed, it is understood that neither the police nor local authorities are able to supply any clear evidence and records of noise disturbance relating to AGCs, not just in Whitby but anywhere in the country. Hence their silence.
Luxury Leisure’s appeal also noted that planning officers agreed the proposal “would not harm the vitality and viability of Whitby town centre” and that it wouldn’t be a disturbance.
Nevertheless, councillors chose to overrule their own experts despite knowing a successful appeal was likely – unnecessarily increasing costs for both the operator and its taxpayers.
“They have a reputation of winning these appeals, unfortunately,” said local councillor Neil Swannick. “And the reason why they win the appeals is because there was a phrase inserted in the gambling legislation during the period of the last government.”
Unfortunately for Swannick’s posture, ‘they’ win the appeals because councillors like him are actually breaking the law by refusing permission.
And to add insult to injury, the Aim To Permit legislation has been in operation for nearly twenty years, not as Swannick states, implemented during the last government.
And the reason why aim to permit was introduced so many years ago? It was to protect businesses from pernicious, nimby councillors who don’t see business as an integral part of their responsibility to their local communities.
And one look at the massive decline of businesses on Swanick’s local high streets suggests his communities need more investment rather than less.
Aim to work within the law
Licence application said… “The council has no doubt phrased the reason for refusal in order to protect itself from a potential costs award…
