Planning and Infrastructure Bill

Lord Foster of Bath Excerpts

Wednesday 29th October 2025 Lords Chamber

Moved by

[Lord Foster of Bath]

117: After Clause 52, insert the following new Clause—
“Permission for gambling premises: cumulative impact assessments(1) A planning authority shall, when considering any application for planning permission or change of use for premises which are to be used for gambling, take into consideration any relevant cumulative impact assessment published in accordance with subsection (2), and where such an assessment has been published they shall in the absence of very special circumstances refuse the application.(2) A licensing authority may publish a document (“a cumulative impact assessment”) to inform the planning authority’s decision under subsection (1), stating that they consider that the number of premises licences granted under section 163 of the Gambling Act 2005 (determination of application) in one or more parts of their area described in the assessment is such that it is likely that it would be—(a) inconsistent with the licensing objectives in section 1 of that Act, or(b) harmful to the wellbeing of the community,for there to be any increase in the number of such premises in that part or those parts, and where it does so it shall include a summary of the evidence on which it based its assessment.(3) Before taking a cumulative impact assessment into consideration in accordance with subsection (1), the planning authority must satisfy itself that the licensing authority, before it published the assessment or a renewed or revised version of the assessment, consulted any persons who in the licensing authority’s opinion have business interests which might be affected by the assessment, and provided them with the following information—(a) the reasons why they were considering publishing a cumulative impact assessment;(b) a general indication of the part or parts of their area which they were considering describing in the assessment.(4) The planning authority may only take a cumulative impact assessment into consideration in accordance with subsection (1) if the assessment is less than three years old.(5) In section 153 of the Gambling Act 2005 (principles to be applied), at the end of subsection (1) insert—“but this subsection does not prevent a licensing authority from publishing a cumulative impact assessment as described in section (Permission for gambling premises: cumulative impact assessments) of the Planning and Infrastructure Act 2025”.”

[Lord Foster of Bath (LD)]

My Lords, I begin by declaring my interest as chairman of Peers for Gambling Reform. I intend to speak only to Amendment 117 in my name. I am enormously grateful to the noble Baroness, Lady Bennett of Manor Castle, for her support for the amendment.

I raised this issue in Committee and explained the urgent need to give local authorities additional powers to limit the number of gambling premises on our high streets. It is no coincidence that gambling operators wish to locate their premises in deprived areas where people can least afford to gamble yet sadly gamble most. Research shows that the most deprived local authorities have three times as many gambling premises per head of population as the least deprived local authorities. There are not only clear links with increased crime but, crucially, higher levels of gambling harm and the problems that this creates for individuals, their families and those communities.

But councils that wish to reduce this harm by limiting the number of gambling premises come up against the most pernicious part of the Gambling Act 2005: Section 153, which actually requires them to permit the use of premises for gambling in the absence of very specific reasons not to do so. Therefore, the power they need, which they already have in the case of alcohol licensing, is to be able to conduct prior evidence-based assessment of the impact of the number of gambling premises in particular areas. If that assessment shows that in any area there are already so many gambling premises that any more would be harmful to the well-being of the community, they can publish that assessment—a cumulative impact assessment. Once they have done so, it then acts as grounds for refusing permission for yet more gambling premises. That is what this amendment seeks to achieve.

The noble Lord, Lord Parkinson, the relevant Minister at the time, knows that it is exactly what the Conservatives supported in their 2023 White Paper. It is also what the current Government have said they want to achieve. On 9 June, in reply to a Written Question in the other place, the DCMS Minister said that

“cumulative impact assessments … would allow local authorities to take into account a wide range of evidence to inform licensing decisions and to consider the cumulative impact of gambling premises in a particular area. We will look to complement local authorities’ existing powers in relation to licensing of gambling premises … when parliamentary time allows”.

Even the Prime Minister has made clear that he supports it on behalf of the Government. He said:

“It is important that local authorities are given additional tools and powers to ensure vibrant high streets. We are looking at introducing cumulative impact assessments, like those already in place for alcohol licensing, and we will give councils stronger powers over the location and numbers of gambling outlets to help create safe, thriving high streets”.—[Official Report, Commons, 3/9/25; col. 281.]


The Minister and the Prime Minister both spoke about local authorities, and so have I. However, we have to bear in mind that, where a gambling operator wishes to open new gambling premises, it needs both planning permission from the local authority, wearing its planning authority hat, and a gambling premises licence from the local authority, wearing its licensing authority hat. Because this is a planning Bill, the amendment that I moved in Committee would have given the powers to make the cumulative impact assessment to the planning authority. In reply, the Minister said:

“The Government are … of the view that the most appropriate body to assess the cumulative impact of licensed gambling premises is the local licensing authority, rather than the planning authority”. —[Official Report, 9/9/25; col. 1449.]


That is why they were not willing to support it.

The amendment that I am now moving would accordingly give the licensing authority the power to make a cumulative impact assessment, exactly as happens for alcohol licensing, and the planning authority the duty to take it into account when deciding whether to grant planning permission for gambling premises, again, exactly as applies to alcohol licensing. I have been absolutely assured that this falls within the scope of the Bill.

This is a power that local authorities urgently need to prevent the undue proliferation of gambling premises. On Monday, in the other place, the Minister from MHCLG, in a Written Answer, extolled the virtues of cumulative impact assessments to tackle these issues. She said:

“We will introduce Cumulative Impact Assessments when parliamentary time allows”.


The Bill provides the parliamentary time, and the amendment can deliver what the Conservative Party, the Prime Minister and the Government say that they want.

I am more than happy to accept that the Minister may say there are some technical deficiencies with the amendment. I genuinely do not think there are. But if that is her response, and if she is willing to agree to have a meeting to discuss it before Third Reading, I assure her that I will not delay the House and will be willing later to withdraw the amendment. At this stage, to enable the debate, I beg to move.

[Baroness Neville-Rolfe (Con)]

My Lords, can the Minister also send my best wishes to the noble Baroness, Lady Chapman?

--- Later in debate ---

[Lord Jamieson (Con)]

My Lords, in Committee we were sympathetic to the intentions of the amendment from the noble Lord, Lord Foster of Bath. The Government should consider this carefully. We have heard some powerful speeches on it that I will not repeat. I will go back on just one point that the noble Lord raised. A few weeks ago, the Government reassured the House from the Dispatch Box that cumulative impact assessments for gambling licensing would be considered when parliamentary time allows. We will hold them to account on this promise. Will the Minister give the House a timescale for it?

I support my noble friend Lady Neville-Rolfe’s amendments to support small and medium-sized businesses. As we have raised elsewhere, the planning process is overly bureaucratic and time consuming, and I share the sentiments of the noble Lord, Lord Inglewood, that 12 months is frequently a very short time. This places a significant financial and resource burden on applicants, which falls particularly hard on smaller businesses that do not have the resources and expertise of larger enterprises.

As we debated previously on Report, the cost per property of the planning process can be significantly higher for smaller developments. It is right that planning authorities should have regard to this, and I ask the Minister what the Government will do to ensure that this burden is lowered, particularly for SMEs. Supporting SMEs is one of the most effective ways to inject greater competition and diversity into the sector and, ultimately, to strengthen the wider economy. Therefore, we will support my noble friend’s amendments should she choose to test the opinion of the House.

[Lord Foster of Bath (LD)]

Before the noble Lord sits down, I would be enormously grateful if he would make it clear to the House what his position is on Amendment 117. He said that he will hold the Government to account but wants to know what the timescale is. Well, the timescale is a couple of minutes, if we have a vote on this. Will he just explain where he stands, bearing in mind that noble Lords behind him have made very clear their intention to support this amendment?

[Lord Jamieson (Con)]

I believe I have made our position very clear, and we will hold the Government to account.

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

My Lords, I will put the noble Lord, Lord Jamieson, out of his misery. I thank the noble Lord, Lord Foster of Bath, for his Amendment 117. He raises a very important issue, and I will explain how we intend to address it. I assure him that the Government intend to introduce cumulative impact assessments for gambling licensing when parliamentary time allows; I will elaborate on that in a moment. He will have noted that we reiterated this commitment in our Pride in Place Strategy, published since we last discussed this issue. I imagine that is what prompted the comments from my honourable friend in the other place, which the noble Lord referred to.

There is no doubt in my mind about the potential harms that can come from gambling, particularly in relation to cumulative impacts. I heard the comments of the noble Baroness, Lady Bennett, about what was said in the Select Committee, but I think there is consensus across this House that harms undoubtedly come from gambling. Cumulative impact assessments will strengthen local authorities’ tools to influence the location and density of gambling outlets. We intend cumulative impact assessments to be used to assess gambling premises’ licence applications, rather than applications for planning permission or change of use, as in this amendment.

The Planning and Infrastructure Bill concerns the planning system rather than the licensing system— I will come to further points on the intervention from the noble Lord, Lord Deben, in a moment—and it is unfortunately not the appropriate vehicle for the introduction of cumulative impact assessments for gambling premises licensing. Under the amendment from the noble Lord, Lord Foster, the cumulative impact assessment would be published by the licensing authority but be used during the planning process by the planning authority. I am concerned that his amendment would risk creating inconsistencies between the approaches of the local authority’s planning policies and the licensing authority’s statement of licensing principles. The Government’s view is that it is essential for the licensing authority to consider the cumulative impact assessment in the exercise of its licensing functions when considering whether to grant a premises licence, rather than at the planning stage. This is a planning Bill, not a licensing Bill—

[Lord Foster of Bath (LD)]

My Lords—

[Baroness Taylor of Stevenage (Lab)]

Can I just finish what I am saying? It might help. The issue is out of scope, but we have Bills coming forward where licensing will almost certainly be in scope. I reassure the noble Lord that the Government are actively working to introduce cumulative impact assessments for gambling licensing when we have a suitable vehicle. However, for the reasons I have set out, I ask him to withdraw his amendment.

[Lord Foster of Bath (LD)]

Just before the Minister sits down, she has said that it would cause confusion between licensing and planning. However, the amendment that is now before the House took account of all the concerns that she raised when we debated it earlier. It has now changed in such a way that it would absolutely replicate what is already in statute in relation to alcohol licensing. That has not caused a problem, and I do not begin to understand the difference she is now saying there is between my amendment and what already exists in legislation in relation to alcohol licensing. It would be helpful if she could explain.

[Baroness Taylor of Stevenage (Lab)]

As drafted, the amendment would require planning authorities to make decisions based on assessments published by the licensing authority, effectively placing planning and licensing authorities into potential conflict with one another. It would also not provide for the licensing authority to assess licensing applications with respect to its own cumulative impact assessments. I hope that that is helpful. Turning to Amendment 121G—

--- Later in debate ---

An amendment seeking to define SMEs in an alternative way could add unnecessary complexity to the planning system and risk undermining our efforts to ensure proportionality. For those reasons, I hope the noble Baroness will not press her amendment.

[Lord Foster of Bath (LD)]

My Lords, I am sure that the noble Baroness, Lady Neville-Rolfe, will join me in thanking all noble Lords who participated in the debate. I particularly thank the noble Baronesses, Lady Bennett of Manor Castle and Lady Maclean, and the noble Lords, Lord Deben and Lord Jackson, for their support for my amendment.

I want to make it clear to the House that I have spent many hours in the Public Bill Office discussing various iterations of this amendment to ensure that it is absolutely in scope for this legislation. I absolutely assure the House that this amendment replicates exactly the procedures already in legislation in relation to alcohol licensing. I assure all noble Lords that local authorities around the country support passing this amendment as quickly as possible, and that Ministers and the Prime Minister have categorically said—

[Lord in Waiting/Government Whip (Lord Wilson of Sedgefield) (Lab)]

Is the noble Lord going to push his amendment to a vote or withdraw it? We are at that stage now.

[Lord Foster of Bath (LD)]

We are at that stage, but I want the House to be aware that there is support from all quarters to ensure that this is passed. The Minister has said that she does not accept my offer of further discussions to see whether we can find a way forward before Third Reading. She has not accepted the suggestion from the noble Lord, Lord Deben. I am disappointed that the Front Bench of the Conservative Party does not appear to be listening to what Conservative Back-Benchers are saying. Since there is no opportunity to bring this back at another time, the time for decision is now. I wish to test the opinion of the House.