Author: Woods Whur

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Gambling Commission continues to take action and introduce further changes

On the 31st October 2016 a new version of the LCCP comes into force to implement changes which are being brought in on the back of recent consultations. The Gambling Commission is keen to point out on its website that the LCCP are not static but “evolve over time” which I suspect is similar to the way that operational policies evolve and develop at gambling establishments throughout the UK. It is interesting to note on the Gambling Commission’s website that the LCCP evolve so as to take into account developments in the industry, emerging evidence or the most effective means of promoting socially responsible gambling. I am of the firm view that this also applies to operators and their operational policies, which have to continually change to take into account recent developments. I do not subscribe to the argument that just because policies have to change all the time means that they were not fit for purpose prior to the policies being changed. I suspect there will be more on this topic in later articles!!

The Autumn 2016 amendments are based on the recent consultations and relate to the following: the prevention of crime associated with gambling, placing digital adverts responsibly, extending the requirement to assess and manage money laundering risk to non-remote lotteries and controlling where gaming machines may be played in betting, bingo and casino premises.

The Gambling Commission website also reports the results of various cases in which enforcement action has been taken recently. Smart TV Broadcasting Limited had its Operating Licence made the subject of a review under Section 116 of the Gambling Act 2005 and under Section 118 of the Act the Gambling Commission decided to suspend it because it suspected that Smart TV was unsuitable to carry on the licensed activities. At the time of the suspension there were customers who had outstanding balances in their accounts and subsequent to the suspension Smart TV Broadcasting Limited surrendered its licences. The Gambling Commission have confirmed that this does not prevent the settling of outstanding winning bets.

It was also confirmed on the 10th of August 2016 that the Gambling Commission has supported South Wales Police in an operation which led to ten people being arrested as part of an investigation into match fixing. The match fixing related to betting patterns on a match between Port Talbot Town and Rhyl on the 9th of April. No further information is available due to the ongoing nature of the criminal investigation.

The implementation of the new LCCP coupled with the Gambling Commission continuing to take enforcement action, should serve to reinforce the fact that all operators in the UK must keep fully up to date with all changes and be fully aware of exactly what is required in terms of their operational policies.

 

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House of Lords Licensing Committee – An Update

As readers will no doubt be aware there has been constituted a House of Lords Committee which has been established to carryout scrutiny of the Licensing Act 2003. The Committee has published it’s call for evidence and invites all interested parties to submit written evidence by the 2nd of September 2016.

The call for evidence is available at :-

http://www.parliament.uk/documents/lords-committees/Licensing-Act-2003/call-for-evidence-licensing-act-2003.pdf

If you wish to respond to the call for evidence this can be achieved by clicking on the following link:-

http://www.parliament.uk/licensing-act-committee-written-submission-form

It is really important to play a role in this consultation.

I have regularly stressed to clients and operators the need to do so. We were hamstrung in some SEV renewals when Leeds City Council put out a consultation document before looking to change their policy and in effect reduce the number of Sexual Entertainment Venues from seven to four. When we challenged the decision making and policy in the High Court we were advised in clear terms through the judgment that we were seeking to close the stable door after the horse had bolted. The High Court was very clear in saying that we should have challenged the legitimacy of the changes in policy much earlier than through the High Court after renewals were refused.

This is a significant lesson and operators and interested parties should not complain about any changes if they do not get involved in consultations when invited to do so.

The key issues to be analysed in the consultation fall under the following headings.

  1. Licensing objectives.
  2. The balance between rights and responsibilities.
  3. Licensing and local strategy.
  4. Crime, disorder and public safety.
  5. Licensing procedure.
  6. Sale of alcohol for consumption at home.
  7. Pricing.
  8. Fees and costs associated with the Licensing Act 2003.
  9. International comparisons.

The parameter of each of those headings is very clearly established in the documents contained in the links above. We will continue to monitor the progress of the House of Lords Committee and publish any findings as and when they become public.

I can only stress again that this is an opportunity to interact in the process and interested parties should not be afraid to do so.