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Latest Gambling Law News - updated June 21st 2009

The following are updates from the Gambling Commission. For further information on any of the following please contact Simon Halberstam on 020 7264 4500 or at simonh@sghlaw.com

DCMS announces new voluntary deal to fund problem gambling research, education and treatment

On 9 June Sports Minister Gerry Sutcliffe announced a new voluntary funding arrangement to bring in at least £15 million over the next three years for the research, education and treatment of problem gambling.

Further details have been published in a press release from the Department of Culture, Media and Sport.

Read more…

Changing stake and prize limits for category C and certain types of category D gaming machines

A statutory instrument increasing the stake and prize limits for category C gaming machines and category D ‘crane grab’ and ‘coin pusher’ machines came into force on 10 June 2009. The Categories of Gaming Machine (Amendment) Regulations 2009 increases the maximum stake and prize limits for category C gaming machines to £1 and £70 respectively. It also increases the maximum stake and prize value for ‘crane grab’ type machines to £1 and £50, and implements a new maximum prize value for ‘coin pusher’ type machines of £15 (of which a maximum of £8 can be cash).

Read more…

Gaming machine standards - supplement 2

The Commission has published Gaming machine standards supplement 2, which sets out changes to Machine Standards category C and complex category D regarding the speed of play and game links for category C machines This supplement has been notified to the European Commission (EC) and came into force on 12 June.

The supplement sets out the new standards applicable to category C machines operating with a £1 stake and £70 prize (see above). It does not apply to pre-existing gaming machines retaining a 50p stake and £35 prize.

A consultation responses document summarising the responses made and explaining the Commission's position has also been published.

Read more…

Consultation on proposals for Gambling Commission fees from 1 August 2009 closes soon
DCMS and the Commission are seeking views about the Commission's fees through a consultation. The closing date for responses to the consultation is Tuesday 23 June 2009. Further details of the proposals are available on the DCMS website.
Read more…

Qualitative follow-up of the British Gambling Prevalence Survey 2007

This exploratory study aims to provide further insight into participants' gambling behaviour, exploring how and when the participants gamble, and what they enjoy about it. It also looked to explore the downsides of gambling, and where problem gambling behaviour is currently (or has been) an issue for participants, to investigate the causes and associated factors.

Read more…


Changes to prize gaming limits

A statutory instrument changing the limits for prize gaming limits came into force on 11 June. The Gambling Act 2005 (Limits on Prize Gaming) Regulations 2009 increase from 50p to £1 the maximum participation fee that may be charged for any one chance to win a prize in a game. The regulations also impose new limits on the amount or value of prizes for which games may be played. These are now set at £70 for any one game and £500 for an aggregate of all the games.

Read the statutory instrument…

Casino gaming reserve consultation responses

The Commission has recently published the responses document to the casino gaming reserve consultation. The consultation set out a revised formula for calculating the casino gaming reserve and proposed additional text setting out a requirement for a repayment provision.

The Commission has produced concurrently Licence Conditions and Code of Practice Supplement 6: Casino gaming reserve, which sets out the final specification of the revised licence condition.

The new licence condition will take effect from 1 July 2009.

All licensees affected by the changes will be issued with revised licences.

Read more…

Casino monthly census form – reporting requirement removed from the majority of casino premises

Casinos in permitted areas without outstanding applications under the Gaming Act 1968 will no longer be required to submit a monthly census form. The form includes information on game play during the first full weekend of each month and at peak periods along with the number of tables made available for use.

All casino operators must continue to supply monthly information on drop, win and attendance.

Read more…

Key characteristics of bingo

The Commission has published a list of key characteristics for bingo machines, as a result of discussions with a number of gaming machine manufacturers who are developing new machines.

Machines that play bingo are exempt from limits on numbers, and stakes and prizes, but the concern was that some of these bingo machines may not differentiate significantly from gaming machines.

We are content to provide the industry with an opportunity to comply with the arrangements set out in this document on a voluntary basis. However, if this does not prove possible, we will consider a more formal regulatory route.

Read more…

Casino gaming reserve consultation

The casino gaming reserve consultation, which outlines proposed changes to casino operators’ reserve requirements, opened on 22 May. This consultation is due to close on Friday 12 June. Please use the responses template provided to set out your reply.

Read more…

Statutory instrument on changing prize gaming limits

A statutory instrument on changing prize gaming limits was laid before Parliament on 20 May 2009 (Betting, Gaming and Lotteries Gambling Act 2005 (Limits on Prize Gaming) Regulations 2009).

Annual fees deadlines coming up

The bulk of the Commission’s annual fee collections happen August – October, so licence holders should be aware that their annual fee may be due shortly.

Operators whose licence was granted on 1 September 2007 will be required to pay their next annual fee by 31 August 2009 at the latest. We will be sending out letters to all our licence holders in due course, saying when their annual fee is due, how much and how to pay.

If a licence holder needs to update their details before then, or anything about their business has changed, please let us know through our notification of change or application to vary a licence forms.

Section 19 certificate holders face August deadline for personal licence application

The Commission is reminding employees in the casino and bingo industry who still hold certificates of approval, issued under section 19 of the Gaming Act 1968 (section 19 certificates), to apply for their new personal licence before the end of August 2009.

Read our press release, originally published in February, for more details.

Under-age gambling

The Commission has written to licensed bookmakers to remind them that they must have effective policies and procedures in place to prevent young people under the age of 18 from gambling or entering a betting shop. 
This follows a recent mystery shopping exercise undertaken by the Commission throughout England that revealed a disturbing failure rate.  The exercise covered all the major betting operators in Great Britain, accounting for around 80% of betting shops, and the initial results show that in 98 of the 100 shops visited a 17 year old was allowed to place a bet at the counter.

Read more…

Advice note on prize competitions and free draws: house competitions
The Commission has issued further advice to people attempting to realise the value of their properties using a house competition scheme, to emphasise that we do not advise on or approve individual house competition schemes.

Read more…

Survey data on remote gambling participation
This paper provides information on participation in remote forms of gambling for the year to March 2009. It sets out the findings from questions asked through an omnibus survey conducted by ICM Research. The annual data is published quarterly, based on an updated sample of 8,000 interviews.

Read more…

Gambling Commission publishes revised Guidance to Licensing Authorities
The Gambling Commission's revised Guidance to Licensing Authorities on gambling under the Gambling Act 2005 (the Gambling Act) is now published.
This is the third edition of the guidance and includes changes announced last year following the Commission's consultation on split premises and primary gambling activity.
Read more…

Statement of principles consultation
The Gambling Commission has previously published two statements of principles - one on the principles for licensing and regulation, and the other on principles for determining financial penalties, as required by the Gambling Act 2005. 
Now that the regulatory regime is established, we have decided to review our regulatory processes and to consult stakeholders on proposals for an updated set of associated documents.
Read more…

Recovery from problem gambling: a qualitative study

Dr Gerda Reith and Scottish NatCen carried out qualitative analysis examining the routes in and out of problem gambling. They explored the motivations, attitudes and self-perceptions of 45 gamblers and problem gamblers. Among other findings the researchers reported that gamblers their gambling behaviour in a variety of ways and distinguished between more and less damaging ways to gamble. The research showed that ceasing to gamble meant different things to different individuals.  While some ceased all gambling activity others only ceased temporarily.  The authors suggested that there is a need for a more differentiated view of gambling. 

Read more…

Proposed Gaming Machine Standards - Supplement 2

Following consultation, the Gambling Commission has published our proposed gaming machine standards supplement 2, which sets out changes to the category C speed of play and game links section of the Machine Standards Category C and complex Category D.

Read more…

Investigation into illegal betting in Hayes
A 65 year-old man from Uxbridge has been cautioned following an investigation into illegal betting in Hayes.
The man was cautioned under section 37 of the Gambling Act 2005, following an operation which centred on an alcohol licensed premises in Hayes and involved officers from the Gambling Commission and the Metropolitan Police.
Read more…

Proposals for Commission fees

DCMS and the Commission have released a joint consultation on proposals for fees.
The Gambling Act 2005 gives the Secretary of State for Culture, Media and Sport the power to make regulations setting fees to be paid to the Commission. In doing so, the Secretary of State intends to ensure such fees are set in accordance with the Act and HM Treasury's rules and guidance on fees, levies and charges, at a level that enables the Commission to recover the full costs of delivering its responsibilities, while avoiding cross subsidisation and ensuring fairness and value for money for the gambling industry.
The consultation describes in detail the Commission's approach and cost basis as a background to the proposed fees.  The consultation seeks to reflect the current difficult economic climate and to minimise the burden of regulation on operators wherever possible.

Read more…

Response to Hampton review on more effective regulation
The Commission has welcomed a report from the Department for Business, Enterprise and Regulatory Reform (BARR), following a Hampton Implementation Review, which supports our plans to be a more effective regulator, particularly in the area of risk assessment. The review took place in October last year at the end of our first full year of operation, as part of the Government’s better regulation agenda. It is part of a series of reviews of regulatory bodies which BERR and the National Audit Office are undertaking, following the 2005 Hampton report on reducing administrative burdens through effective inspection and enforcement.
Read our press release…
Read our response…

Commission steps up drive to protect betting integrity

We have stepped up our drive to maintain the integrity of betting in Great Britain and we are calling for enhanced co-ordination between sports governing bodies and betting operators in our policy position paper on in-running (in play) betting.

Read our press release…
Read our policy position paper…
Read the responses document…

March 2009

Research paper published on the relationship between gambling, alcohol consumption, cigarette smoking and health
This research used data from the 2007 British Gambling Prevalence Survey, which asked a range of questions relating to smoking, alcohol consumption and general health.  The hypothesis of this analysis was that there may be lifestyle clusters of behaviour that co-occur and that potentially addictive behaviours have some overlaps.
Read more…

Research paper published on the role of social factors in gambling
This paper is based on analysis of data from the 2007 British Gambling Prevalence Survey. This analysis is exploratory, and contributes to the limited evidence on the relationship between social factors and variations in gambling and problem gambling in the population.  The authors studied associations between gambling and socio-economic variables such as personal income, household occupational category and deprivation level of area of residence.
Read more…

Advice to British police services published
The Commission has published a reference document for British police services with regard to their role and functions in the regulation of the gambling industry.
Read more…

Gaming machines seized in Liverpool and Wirral
A multi-agency operation involving the Commission led to five gaming machines being removed from four premises in Merseyside on 5 March 2009.
The machines were confiscated from two premises in Liverpool and two premises in Wirral by HM Revenue & Customs, who are continuing their enquiries into the non payment of Amusement Machine Licence Duty on the machines.
Read more…

British panel of experts to advise on future gaming machines research
The Commission has now assembled a British panel of experts to complement the international panel to advise on future research into high-stake, high-prize gaming machines.
The British panel will meet with the Commission in the coming months and will have an important role to play in reviewing the evidence and advice of the international panel and ensuring its relevance in the British context.


Panel member

Position

University

Professor Peter Collins

Professor of Public Policy Studies

University of Salford

Professor Mark Griffiths

Professor of Gambling Studies

Nottingham Trent University

Professor Corinne May-Chahal

Professor of Applied Social Science

Lancaster University

Dr Crawford Moodie

Research Assistant

University of Stirling

Dr Adrian Parke

Lecturer

University of Lincoln

Dr Jonathan Parke

Lecturer

University of Salford

Dr Gerda Reith

Senior Lecturer

University of Glasgow


For archived news (prior to March 2009) click here


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