Following the 30 July 2010 deadline for Stage 1 applications to host a small casino, Scarborough Borough Council in August announced it had received two applications. One application was from Nikolas Shaw Ltd for an extension to the Opera House Casino in the town centre. The other application was from Apollo Resorts & Leisure Ltd for a new development at the North Bay, on the site of the upper and lower car parks.

In December both applicants were told that they were through to Stage 2 of the licensing process but Nikolas Shaw appealed against that decision after learning that Scarborough’s licensing sub-committee has adjourned its hearing on the Apollo application to allow the company two weeks to make amendments. Nikolas Shaw contends that this was a breach of the regulations governing the Gambling Act 2005 licensing procedures.

Apollo has been selected already by Hull City Council to go forward with its large casino licence application – the company was the only applicant for the Hull licence. It has also formed a joint venture with a Genting subsidiary to pursue the London Borough of Newham large casino licence. Apollo says it is actively pursuing leisure, entertainment and gaming opportunities across the UK, primarily focused on the licences awarded by the Gambling Act 2005 and carefully selected existing 1968 Act licences.

In Scarborough a District Judge has decided that a full 2-day hearing will be held in July to resolve the licensing issue. It had been hoped that the small casino licence would be awarded by June but the Council decision now will have to be delayed. The courts must weigh the matter of fair play against the benefits of having two competing applications. After all, the award of the 2005 casino licences was supposed to bring the maximum benefits to their local communities.

Nikolas Shaw will be hoping that the rules of the licence tender will support its appeal and that the court will rule the Apollo application missed the official deadline by requiring amendments. Scarborough Council maintains that the sub-committee’s action did not breach the licensing rules. The judge has ordered that letters be sent to members of the public who objected to the grant of a licence so that they can have an input to the proceedings. (E-03.02.11)

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