Machines will soon make headlines
It is interesting to note just how much control the justices still exercise over the number of AWP machines allowed on licensed premises.
This undoubtedly led to the rise in popularity of different types of skill and lottery machines that do not directly require the permission of the licensing committee. But operators still regularly turn up in court to ask for an extra machine, and they still get refused.
Although a request for a section 34 permit (for machines) is a long-standing part of the transfer procedure, it has nothing to do with the justices' licence itself. The committee, in fact, becomes a different committee for the purpose of granting the permit to the incoming licensee. Often, it is an afterthought I have seen hasty consultations and a dash back to the witness stand when somebody has realised that a request for a section 34 permit has not been duly made!
The power of the justices is conferred not by the Licensing Act but by the Gaming Act. In fact, most section 34 permits are already granted by the local authority and it is only in respect of licensed premises that the justices still retain control. This will, of course, disappear when the new laws take effect and control of machines will be transferred to councils for all types of premises.
But the justices do have a power under the act to limit the number of machines, and also to stipulate that certain all-cash machines will be located in the bar, where they can be supervised by staff. So there have been occasions on which the whole question of "demand" for machines continues to be aired in front of the bench, with machine experts called in to demonstrate how the pub customers need an additional machine because there is a problem with queuing for the use of existing equipment.
There is no doubt that machines continue to be a vexed problem in many respects for the pub industry. Far from being merely a casual amusement for customers, they are now an integral part of the income stream of many premises, and I note with interest the comments of the Trade & Industry Select Committee on the machine tie.
One of the regular complaints which I have received over the years concerns the basis for machine split and the controls which are exercised by brewers and operating companies. With the shake-up in the gaming laws, machines are destined to make the headlines again over the coming months.
