Information, guidance and advice for licensed premises and gambling establishments on how to safeguard and protect children and young people whilst on their premises.
The Licensing Act 2003 brought about a change in thinking about children’s access to licensed premises and now it is normal for children to be allowed in to pubs, clubs and other licensed premises.
Under the Act a number of ‘responsible authorities’ have been created, each one should be notified of any new license applications or any variations to existing licenses.
The 'responsible authorities' include: police, fire authority, planning authority and the East Riding of Yorkshire Children’s Services is the ‘Responsible Authority’ in respect of the protection of children from harm.
The licensing assistant is responsible for overseeing the license applications and ensuring sufficient measures are in place to promote the licensing objective of ‘protection of children from harm’.
The licensing assistant will also aim to work with licensees where further steps could be taken to promote this licensing objective and protect children from harm on licensed premises. In particular, premises where:
The risks will vary from premises to premises depending on the type of licensing activity and the age of the children.
Young children may be at risk if they are not properly supervised or are exposed to adults who have become intoxicated. Young children can be dangerously intoxicated by quite small quantities of alcohol, so care needs to be taken to clear used glasses to protect them from this risk.
Young teenagers may attempt to buy and consume alcohol and then become vulnerable because their judgement is impaired, this could put them in danger from getting involved in fights, from drink driving or from sexual predators.
All children are at risk of adults who are viewed as a danger to them. Care must be taken when staff are appointed to ensure that such individuals are not placed in an environment where they can exploit their position.
Adult entertainment is not suitable for children. At premises where such entertainment is allowed arrangements must be enforced to ensure that children are not exposed to any inappropriate acts or material.
The risks vary depending on the style and character of the business but premises can be involved in the following ways:
Under the Licensing Act 2003, the ‘due diligence’ defence can be used to protect your business, if you can demonstrate that all reasonable steps have been taken to manage risk. Here are some suggested safeguarding measures to help evidence ‘due diligence’ and keep children safe:
'If anything in the child sexual exploitation section of this page gives you concern about a young person, you must pass this information onto and can gain advice from the Safeguarding and Partnership Hub (SaPH):
The SaPH day time team is available Monday to Thursday 9am-5pm, Friday 9am - 4:30pm and can be contacted on:
Tel: (01482) 395500
The Children's Emergency Duty Team staff will respond to concerns/enquires received outside the above daytime hours:
Tel: (01377) 241273
You may get referred to the child sexual exploitation response team that works with young people to improve their confidence and help them break free from the cycle of abuse.
Phone the Police on 999.
The ERSCP website also provides further information about child sexual exploitation:
East Riding Safeguarding Children's Partnership (ERSCP) (external council website)
In September 2007 the Gambling Act 2005 came into force and replaced numerous pieces of legislation governing gambling activities. The Gambling Act 2005 promotes safer practice at premises where gambling activities take place.
Under the legislation, licensees and their operators have a legal responsibility to ‘protect children and other vulnerable persons from being harmed or exploited by gambling’.
The Gambling Act 2005 (external website)
The Children and Young People’s Support and Safeguarding Services, as a responsible authority, have a statutory responsibility to ensure that licence holders operate in a way that safeguards children and young people and vulnerable adults.
The risks to children will vary, depending upon the type of gambling activities taking place at the premises. Children may be at risk of being:
There are a number of measures that gambling establishments can put in place to manage the risks to children:
For gambling establishments that offer a range of gambling activities (regional casino, licensed entertainment centre, bingo premises, gaming machines in category C or above) they must operate systems to ensure that under 18’s are prevented from accessing areas where adult activities (betting or high stakes gambling) take place or where adult gaming machines are located.
For such premises they may also need to operate the following systems:
The Gambling Commission give a high priority to the social responsibilities operators have to protect vulnerable adults from harm associated with gambling and policies must be in place to support the protection of vulnerable adults.
Adults may be vulnerable if they are intoxicated from using illicit drugs or alcohol, or if they are taking certain types of prescribed medication, as this may impair their judgement or prevent them making informed, balanced decisions about gambling.
If an adult has mental health issues, mental impairment or problems with addiction, this may also make them vulnerable as they may have difficulty controlling their activities or behaviour, or prevent them understanding the players guides to games.
Risks to vulnerable adults may include :
Information and guidance is currently under development that will assist event organisers to prioritise the safety of children and young people at the planning and operational stages of events.
If further information is required please contact the licensing assistant.
For further guidance and support please contact:
East Riding of Yorkshire Council Children Family and Adult Services Early Help & Advice Team Room AF56, County Hall Beverley HU17 9BA.
Tel: (01482) 393544
Use the additional resources below for further help and guidance:
Guideline for licensees and their staff about safeguarding measures that could be implemented on their premises to ensure children are protected from harm in all instances. A checklist and instructions are included in the risk assessment below:Risk Assessment (word 51kb)
How can licensees manage the risk of child sexual exploitation (CSE) at licensed premises?
Requirement for safeguarding vulnerable adults under the Gambling Act 2005
Please visit the Gambling and gaming risks page for information about the council's statutory duty to ensure gambling facilities operate responsibly so that children and other vulnerable people are protected from being harmed or exploited by gambling.
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