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| Archived Gambling Law News - August 2008- Feb 2010 | |||||||||||||||||||||||||
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The following are updates from the Gambling Commission. For further information on any of the following please contact Simon Halberstam on 020 7814 1258 or at simonhalberstam@hotmail.co.uk Back to latest news (March - June 2010) February 2010 Other news Commission welcomes recommendations for sports betting integrity Survey data on gambling participation and public perceptions of gambling January 2010 Review of the current system of remote gambling regulation in Great Britain December 2009 Updated advice on prize competitions and free draws Commission test purchase results November 2009 Gaming machines research published Updated integrity figures The Commission has published further advice for fundraisers using lotteries to raise money for good causes. October 2009 RGSB publishes initial recommendations on priorities for research, education and treatment The Responsible Gambling Strategy Board (RGSB) has published its initial recommendations to the Gambling Commission (the Commission) and, in turn, the Department for Culture, Media and Sport (DCMS), on the priorities for research, education and treatment (RET) needed to support a national responsible gambling strategy. More detailed recommendations are expected by summer 2010. Gerry Sutcliffe, the Minister of Sport with responsibility for gambling, wrote to stakeholders on 16 October 2009 to inform them of the Department for Culture, Media and Sport’s (DCMS’s) proposals to bring forward legislation to apply to bingo halls stake and prize limits for prize gaming. Is a product remote gaming or remote betting? This advice note provides a clear distinction between betting and gaming by setting out the test that the Commission will apply when considering whether a remote product is a betting product which requires a remote general betting licence, whether for real events or virtual events or a gaming product which requires a remote casino licence. This paper has been subject to minor revision following changes to remote betting licences in August 2009. Commission sets out improved regulatory approach The Commission has published a set of documents which restate the principles that guide its regulatory approach. The documents include a revised statement of principles for licensing and regulation, and a revised licensing, compliance and enforcement policy statement. Poker leaflet will help pubs play cards right The Commission and the British Beer and Pub Association (BBPA) are backing a new leaflet designed to help landlords keep poker legal in their pubs. Gambling Statistics 2008/09 – revised version Last month we published gambling statistics for the year 1 April 2008 to 31 March 2009. This included basic information on each industry sector - betting, bingo, casinos, gaming machines and arcades, lotteries and remote gambling. We have published a further version of this document with revised figures for total drop by game type for casinos, on-course betting, ELM licences and a supplement containing updated figures on integrity in betting. Compliance inspections of casinos social responsibility measures regarding access to gambling The Commission has written to the casino trade bodies to inform them of the findings of the Commission’s inspection of a number casinos. The inspection formed part of a programme designed to assess whether the operation of social responsibility measures remain effective following the changes to Money Laundering Regulations (2007). September 2009 New advice to help compliance with Proceeds of Crime Act 2002 The Commission has published advice for gambling operators and a short leaflet aimed specifically at small businesses to help them to comply with the Proceeds of Crime Act 2002 (POCA). Sponsorship of British sporting clubs by foreign gambling operators A growing number of British sports clubs are obtaining sponsorship deals with gambling providers based outside Great Britain. A short advice note on gambling sponsorship is available to help sports clubs stay within the law. The Commission has published the Remote gambling and software technical standards (RTS) – August 2009. This is an update to the version published in June 2007 and now incorporates the RTS security requirements. Testing strategy for compliance with remote gambling and software technical standards - August 2009 has also been updated to provide further clarification in relation to the: · procedure for third party testing August 2009 Letter on machine supply to unlicensed markets The Commission has written to all machine suppliers to remind them that it is their responsibility to ensure that they are not supplying machines to unlicensed premises or operators. Department of Culture, Media and Sport (DCMS) publish fees consultation responses Commission seeking views on updated advice on prize competitions and free draws The Commission is inviting interested parties to comment on proposed additions to our advice on prize competitions and free draws. The advice is intended to assist those considering running prize competitions and free draws in complying with gambling law. With the second anniversary of the implementation of the Gambling Act 2005 (the Act) approaching on 1 September, the Commission is expanding its existing advice in the light of experience gained. The revised advice aims to clarify the Commission’s general understanding of how the Act applies. Department of Culture, Media and Sport (DCMS) appoint new Levy Board Chair The Levy Board is a public body that raises money for the improvement of horseracing and the advancement of veterinary science and education. It does this through collecting a statutory levy from bookmakers. Fee and licence changes from 1 August 2009 New fee arrangements came into effect, on 1 August 2009 following a consultation held jointly with the Department for Culture, Media and Sport (DCMS) on fees. The changes to operating licence fees, remote general betting licence type, licence categories and banding are introduced by statutory instrument which, following Parliamentary process, came into force on 1 August 2009. Increased personal licence fees will come into effect on 11 August 2009. The application fees for a personal management licence will be £370 from 11 August 2009 and a personal functional licence will cost £185. Final phasing out of section 34 permits DCMS are reminding licensing authorities they should be aware that from 31 July 2009, Category D gaming machines are no longer permitted in general, non-gambling premises such as fish and chip shops, cafes, takeaway premises and mini-cab offices. Permits for Amusement with Prize (AWP) machines issued by licensing authorities under section 34 of the Gaming Act 1968 ceased to have effect from 31 July 2009. It is therefore an offence for Category D gaming machines to be offered in non-gambling premises, such as those listed above, from that date. This does not apply to clubs, pubs and bars that are permitted to offer Category C and D gaming machines under the Gambling Act 2005. The Commission has written to gaming machine manufacturers and suppliers to remind them of the change in the law. This will help reduce the scope for compliant licensed operators to make machine placements that are unintentionally illegal. As part of its ongoing compliance programme the Commission will continue to work with local authorities to take action against those who supply illegally-sited machines. Mystery shopping tests continue The Gambling Act 2005 (Gaming Tables in Casinos) (Definitions) Regulations 2009 Regulations making provision in respect of the definition of ‘gaming table’ for the purposes of section 172(3) to 172(5) of the Gambling Act 2005, and defining the circumstances in which a gaming table is to be treated as being used in a casino for the purposes of these subsections were laid in Parliament on 20 July 2009. The Regulations will come into force on 11 August 2009. Under-age gambling – National Lottery Commission survey The National Lottery Commission has published research on levels of gambling by children aged between 12 and 15. The survey of nearly 9,000 children aged between 12 and 15 in England and Wales was conducted by Ipsos MORI and the Centre for the Study of Gambling at the University of Salford. July 2009 Update letter on high-stake, high-prize and other gaming machines In March 2008 the Minister for Sport, Gerry Sutcliffe, asked the Commission to prioritise our work to identify what further research could be done to understand the impact of high-stake, high-prize gaming machines on problem gamblers. We reported back in July 2008 with our plans for research during that financial year and said that we would update the Minister on our further progress by the end of June 2009. Sports Minister appoints new sports betting integrity panel The Department for Culture, Media and Sport announced the appointment of a sports betting integrity panel on 24 June. The panel, which will bring together representatives from the betting industry, the police, players, fans, sports governing bodies, the legal profession and the Gambling Commission, will address issues threatening the integrity of sport and will be chaired by Rick Parry. Revised licence condition for casino gaming reserve requirement Following consultation, the Commission recently set out a revised formula for calculating the casino gaming reserve along with some additional text setting out the requirement for a repayment provision. The new licence condition took effect from 1 July 2009. All licensees affected by the changes have been issued with revised licences. Thirteen gaming machines have been seized as a result of a recent multi-agency operation involving the Commission and its partners in Hackney. And in another joint operation, the Commission assisted Breckland Council to target illegally sited gaming machines. A press release is available on the Breckland Council website. June 2009 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. 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). 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. 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.
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. 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. 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. 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). May 2009 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. Advice note on prize competitions and free draws: house competitions Survey data on remote gambling participation Read more… Statement of principles consultation 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. 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. April 2009 DCMS and the Commission have released a joint consultation on proposals for fees. Response to Hampton review on more effective regulation 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… March 2009 Research paper published on the relationship between gambling, alcohol consumption, cigarette smoking and health Research paper published on the role of social factors in gambling Gaming machines seized in Liverpool and Wirral British panel of experts to advise on future gaming machines research
FEBRUARY 2009 NatCen appointed for British Gambling Prevalence Survey 2010 Following a rigorous selection process the Commission has appointed NatCen - the National Centre for Social Research, to carry out the British Gambling Prevalence Survey (BGPS) 2010. The survey will build on the two previous prevalence surveys published in 2000 and 2007 and will measure the prevalence of participation in all forms of commercial and private gambling, and also estimate the prevalence of problem gambling. Commission assembles international expert panel on gaming machines The Commission has assembled an international panel of experts on gaming machines research as part of our ongoing research into high-stake high prize gaming machines. The panel members were confirmed earlier this month and are considering some questions on the British regulatory approach to machines. Gambling Act 2005: Consultation on Premises Licence Regulations (Gaming Tables) A consultation was published on 23 February 2009 setting out the government's proposals for regulations to define a “gaming table” in new casinos created under the 2005 Act. The consultation specifies the purposes, circumstances and extent of use of a gaming table if it is to be treated as being used in a casino for the purposes of the Act. This will regulate the number of gaming tables casino operators must make available for use in order to offer the maximum number of gaming machines permitted Draft Categories of Gaming Machine (Amendment) Regulations 2009 and The Draft Gambling Act 2005 (Limits on Prize Gaming) Regulations 2009 The draft regulations setting out revised stake and prize limits for category C and D gaming machines and prize gaming will be laid in Parliament shortly. The European Commission will be notified of the changes to the category C and D limits at the same time. Board members appointed to new independent Strategy Board on minimising risks from gambling A new independent Strategy Board will advise the Commission and, in turn, the Department for Culture, Media and Sport on research, education and treatment programmes needed to support a national responsible gambling strategy and associated funding requirements. JANUARY 2009 Primary activity conditions and codes Call for expressions of interest: qualitative research into machine gamblers Bingo machines and lottery limits legislation Research, education and treatment - proposal to introduce a statutory levy The Gambling Commission has once more warned illegal suppliers of gaming machines that it will prosecute those who supply gaming machines illegally, as illegal machine supply is one of its key priorities for enforcement action. The warning follows the successful conclusion of the Commission's first prosecution under section 242(1) and 243(1) of the Gambling Act 2005, which took place in Birmingham Magistrates' Court on 13 and 14 January 2009. Regulatory decisions registers now available online This includes a register of regulatory decisions, which include:
Gaming machine prosecution for fish and chip shop owner New licence conditions and codes of practice now in force The new Licence Conditions and Codes of Practice (LCCP) came into force on 1 January 2009. The LCCP was updated following consultation in October 2008, and the Commission has now produced a number of documents and by-sector breakdowns to guide operators regarding the changes. LCCP October 2008 LCCP by sector Updated key points on regulation now available The Commission has updated our guides on the key points on regulation for each sector. These short overviews are suitable for journalists, members of the public and new operators, to help them understand the key responsibilities each gambling sector has under the Gambling Act 2005 and the Licence Conditions and Codes of Practice.
DCMS have released a further consultation on stakes and prizes, proposing a £1 stake, £70 prize for Category C machines, and further changes for Category D machines. DECEMBER 2008 New licence conditions and codes of practice came into force 1 January 2009 The new licence conditions and codes of practice (LCCP), released in October, came into effect on 1 January 2009. All operators should have received a new licence in the post or by email which sets out their responsibilities under the LCCP. We have released a set of documents to help operators understand the changes: a. Summary of changes A four-page document which highlights the general changes between the latest October 2008 version of the LCCP and the previous June 2007 version. b. Licence conditions and codes of practice by sector 12 full examples of the type of licence we issue, by sector, are available on our website. They cover the licence conditions and codes of practice for arcades, betting, bingo, casinos, gaming machines, gambling software and lottery licences in full. The Commission has released an information note which provides details of the Commission’s initial review of the Remote Gambling and Software Technical Standards (RTS). The outcome of the review indicates that the RTS remains fit for purpose and there are no issues that require full consultation. The Commission intends to release a minor update in 2009, to clearly signpost the Annex C: Security Technical Standards. Literature review: Cashless and card-based technologies in gambling Desk study: impact of high-stake, high-prize gaming machines on problem gambling Gaming machine testing strategy: system integration supplement NOVEMBER 2008 New identity cards for foreign nationals introduced From 25 November 2008, the UK Border Agency started issuing compulsory identity cards to foreign nationals. The Commission has released a letter to the casino trade associations, for the attention of all licensed casino operators, to advise them that these identity cards can be used for identification purposes. From 25 November, foreign nationals may present these cards at casinos in the United Kingdom. The letter and UK Border Agency General Guidance document can be found on our website. What to look for when gambling online The Commission has published a leaflet setting out the things consumers should look for when gambling or considering whether to gamble online. Gambling websites will offer different levels of protection and consumers should satisfy themselves that they are happy to gamble before doing so. Guidance to Licensing Authorities – third edition consultation Gaming Machine Technical Standards: Category C and complex Category D - game links and speed of play Bankruptcy of personal licence holders Split premises responses published, final consultation on primary activity In June the Commission published a consultation paper on split premises and primary gambling activity which proposed revisions to the Guidance to Licensing Authorities (2nd edition). Also in the consultation were proposals to add operating licence conditions concerning the primary gambling activity in a premises to Licence Conditions and Codes of Practice. We have now published the responses document to this consultation, along with the revised Guidance to Licensing Authorities including split premises guidance. We are also launching an additional short consultation on licence conditions and codes of practice concerning the primary gambling activity. This will be of particular interest to non-remote operators. Review of gambling research education and treatment The Commission has released our report on the review of gambling research, education and treatment. The report concludes that the current arrangements are not working effectively. We proposed improved voluntary arrangements that would ensure: committed, sufficient and sustainable industry funding; expert, independent and authoritative strategic advice on research education and treatment; and distribution of funds based on clear priorities, with outcomes that are properly evaluated. However, as the Commission has not been able to secure agreement on our proposals for voluntary arrangements, or to obtain satisfactory funding commitments from the industry for the next three years, we have recommended to the Minister that:
New Personal Licence application form and guidance The Commission has released new versions of the Personal Licence form, including new guidance notes. To complete this new version, download a copy, print it out and complete by hand. We are currently producing an interactive version which applicants will be able to complete online. This will be available shortly. Survey data on remote gambling participation published The latest quarterly set of data on remote gambling participation is now available on the Commission’s website. OCTOBER 2008 New Guidance issued by Committee of Advertising Practice (CAP) and Broadcast Committee of Advertising Practice (BCAP)
Advance notice of new Licence Conditions and Codes of Practice Each operator has also received a copy of the full LCCP document. In addition, before 1 January 2009 all licensees will receive a new licence which will replace their existing one, plus the licence conditions and codes of practice that apply specifically to their business. SEPTEMBER 2008 Advice on gaming in clubs and alchohol licensed premises reissued A revised version of the Commission's advice to licensing authorities on gaming in clubs and licensed premises has been released to include amendments and additions including provision of additional material on poker tournaments, gaming at charity events and advertising on poker websites. Bingo and Casino Technical requirements responses document released Poker Frequently Asked Questions (FAQs) Expanded The Commission has expanded the answers to several FAQs on the website. The most popular FAQs on Poler are:
How to Complain to the Gambling Commission The Commission has updated the complaints pages on the website with a new complaints form. These pages explain the types of complaints the Commission deals with The Gambling Act (Variation of Monetary Limits for Gaming Machines) Order 2008. The consultation setting out the Government's proposals in respect of stake and prize limits for category C and D machines was published by DCMS on 5 September 2008. The consultation period will run from 5 September until 31 October 2008. The Department invites views on the proposals and further details of how to respond can be found on the DCMS website. In June 2008, Minister for Sport, Gerry Sutcliffe announced that principally to provide support to seaside arcades he would bring forward a review of stakes and prizes for low stake gaming machines. As part of the initial consultation, the Minister wrote to a range of trade bodies and organisations with an interest in problem gambling to invite them to submit their suggestions for revised stake and prize limits. New operating licence application forms The Commission has changed the operating licence application forms and guidance notes to include the new linked licences and other options introduced following the 2008/09 fees review. The new form includes simpler guidance notes and changes based on our experience in the first round of applications. New operating licence variation forms If you wish to change your licence, notify the commission of a change, or declare a change in control, there are new forms available on the website for you to print off and complete. Differences between products offered under a remote general betting licence and a remote casino licence The Gambling Commission has published an advice note to provide a clearer distinction between remote betting and gaming. We set out a test that the Commission will apply when considering whether a product is:
AUGUST 2008 Guidance to Licensing Authorities – update on provisional statements Following a recent judgment in respect of provisional statements, the Commission has consulted on and revised its Guidance to Licensing Authorities to reflect the Court's decision. You can find the differences between the previous guidance and the revised guidance in the responses document. Summary of responses to proposals for Gambling Commission fees for August 2008 - consultation paper DCMS has released the post-consultation report on ‘Proposals for Gambling Commission Fees for August 2008’. It covers the background to the consultation, a summary of the responses, a detailed response to specific questions raised in the paper and the next steps following the close of the consultation. Joint consultation on Gambling Commission fees Following a review and public consultation on Gambling Commission initial licence fees, DCMS Minister Gerry Sutcliffe has approved the Gambling Commission (Operating Licences and Single-Machine Fees) (Amendment) Regulations 2008. The Regulations were laid in Parliament on 8 July 2008 and will come into force from 1 August 2008. The Minister has also agreed that the fees be reviewed again in 2009, with the expectation that the review process will then move to a 3 yearly cycle to give the gambling industry greater stability in relation to fees. The Gambling Commission will write to licensed gambling operators with details of the changes later this month. The Final Impact Assessment together with a table of the new licence fees can be found on the DCMS website under the following link. http://www.culture.gov.uk/reference_library/publications/5278.aspx Written ministerial statement on gaming machines released Proposals to help bingo clubs by a slight easing of restrictions on gaming machines were announced by Sports Minister Gerry Sutcliffe on 25 June 2008. In a statement to Parliament Mr Sutcliffe proposed that the number of category B3 (£1 stake/£500 prize) gaming machines allowed in licensed bingo clubs should increase from four to eight. The move is a one off measure designed to help the bingo industry, which has seen about 15 percent of bingo clubs close in the last four years. A consultation is underway, please forward your comments to DCMS. Mr Sutcliffe also announced plans to bring forward by a year a review of stakes and prizes for low stake gaming machines. The review will only look at category C and D (50p stake/£35 prize and 10p stake/£5 prize respectively) ‘fruit’ machines typically found in pubs and some seaside arcades and traditional seaside amusements like ‘penny falls’ and ‘crane grabs’. Reverse auctions frequently asked questions The Commission has issued a document with frequently asked questions about reverse auctions. Reverse auctions are schemes where to win a prize participants must make the lowest unique bid (generally in pence). These schemes are usually operated as prize competitions (which are not regulated by the Commission). Operators of reverse auctions must be aware of the distinctions between prize competitions and lotteries. This document provides guidance on how to do so. Adverts: -We take no responsibility for any sites to which there is a link from this site. Use of the services offered by such sites is at your own discretion and your responsibility
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