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Big changes afoot for summary licence reviews

Regulations were laid before Parliament on 13 March setting the date for the commencement of important changes to the Licensing Act 2003 brought about by the Policing and Crime Act 2017, which received Royal Assent on 31 January: http://www.legislation.gov.uk/uksi/2017/399/made

The principal changes, which will come into force on the 6 April, surround the operation of interim steps under the summary licence review procedure. They will potentially have a significant impact.

These changes have been afoot for some time, following a study on the summary review procedure by the Regulatory Policy Committee, which reported on 3 February last year. The Report outlined the lack of absolute clarity at present as to whether interim steps cease to have effect after a full review of the premises licence has been determined, in cases where the premises licence holder appeals against that review decision. It also set out the detrimental effect and losses to businesses that are currently being caused where interim steps continue to have effect following the full review of the licence and pending the determination of an appeal.

The changes aim to give access to an expedited appeal process against interim steps, to clarify Licensing Authorities’ ability to review and amend interim steps and to provide clearer legal certainty that interim steps do remain in place, unless removed or amended by the Licensing Authority, until the final determination of review, following an appeal where applicable, takes effect.

The Regulatory Policy Committee’s Report noted that interim steps had been imposed in 106 cases in 2014, the most common of which being restricting the operating hours, suspending the licence or removing the DPS.

The Committee relied upon evidence provided by the Association of Licensed Multiple Retailers which showed that an inability to remove interim steps with the effect that they remained in place after full review proceedings pending an appeal and the lack of any expedited appeal process against interim steps was costing businesses £2.3m per year. It anticipates that these proposed changes will save businesses £0.4m per year in lost profit.

The Committee said:

The Department’s assessment is that costs arising from interim steps that go beyond the review outcomes inappropriately impose costs that are not directly correlated to the offence. Therefore, the Department’s assessment is that removing these costs is a benefit associated with enabling the businesses’ legally compliant activity. The RPC accepts that this is a reasonable approach to differentiating between the impacts on compliant and non-compliant business.”

From 6 April there will be only one chance for the premises licence holder to make representations against any interim steps imposed, on 48 hours’ notice, unless there has been a material chance in circumstances. “Material change” is not defined in the Act, but one might suppose that making voluntary changes to the nature of the operation, such as installing additional CCTV, engaging additional security or voluntarily changing the DPS, might qualify as a “material change”.

The Licensing Authority will now be obliged to review any interim steps imposed when it comes to hear the full review application, and consider whether to withdraw or modify them. The changes to the legislation oblige the sub-committee to consider the status of the interim steps as part of the final review decision and consider what should happen to them as part of their decision-making process. It must listen to representations made by all parties so, for example, if one of the interim steps was suspension of the licence, it would be possible for the operator to make an argument at the full review hearing that this should be lifted. If successful, this would have the effect that, were that to be an appeal against the final review decision, for example, against the imposition of certain conditions, the suspension of the licence would not kick in again pending the determination of the appeal, as is the case at present.

The Act makes it clear once and for all that any interim steps, as modified where applicable, will apply until the period for appealing the final review decision or the determination of any appeal has occurred. However, the Licensing Authority will be at liberty to prescribe a shorter period during which interim steps will remain in place. This at least gives absolute legal certainty, which must be welcomed, that interim steps do remain until the full review decision takes effect, whether or not following an appeal or the expiry of the appeal period.

Importantly, the Act also gives licence holders a new right of expedited appeal against interim steps: such an appeal must be heard by the Magistrates (albeit not necessarily determined!) within 28 days of commencing the appeal.

The other change brought about by the Act which will come into force on the 6 April is the power for a Licensing Authority to revoke or suspend for up to 6 months a personal licence where it becomes aware, by any means, that the personal licence holder has been convicted of a relevant offence or required to pay an immigration penalty. It will not be able to do so before the time for appeal against any conviction has expired, or, in the case where an appeal is lodged, before that appeal is determined. In addition, it will have to give notice to the personal licence holder in order that he or she can make representations within 28 days. There is no right to a hearing, so it appears that the matter will be decided on the papers and behind closed doors. If the Licensing Authority does not intend, following deliberation, to revoke or suspend the licence, it must inform police accordingly and police will then have 14 days to make their own representations. Again, there is no provision for any hearing but the Licensing Authority must then consider the matter further, reach a decision and notify the parties.

The personal licence holder will have the right to appeal against any suspension or revocation of the personal licence, following the standard appeals procedure, that is to say, within 21 days of being notified of the decision.

The Act also makes various minor updating amendments to the list of relevant offences under the Licensing Act.

There are other planned changes to the Licensing Act brought about by the 2017 Act, for which these recent Regulations do not yet set a commencement date. These surround placing Cumulative Impact Policies on a statutory footing by prescribing various requirements for the Licensing Authority to publish their assessment of Cumulative Impact, together with the evidence for it, to consult on the policy and to publish their decision whether or not to implement a policy, together with their reasons. Further changes to come also include introducing greater flexibility in relation to Late Night Levies, in that the Licensing Authority will be able to apply the Levy to part of their area only, to decide whether to include or exclude late night refreshment premises, and will be free to impose different Levy requirements on different parts of their area. We will update you on these further changes as and when we have a date for their implementation.

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Are we about to see the end of websites which can offer gambling on European Lotteries?

When the National Lottery and EuroMillions games were set up, the National Lottery also set up the Good Causes Fund as a charitable consortium which sets out to improve communities across the UK. The National Lottery donates a minimum of 28p of every £1 to the Fund as well as all unclaimed prizes and the interest generated and has raised more than 30 billion pounds since it started in 1994. 20% of the money goes to Sports, Arts, Heritage and 40% to Health, Education, Environment and charitable causes.

EuroMillions is one of the most popular lottery games in the world but there are also other lotteries that take place across Europe on a regular basis including EuroJackpot and lotteries in Spain, Germany and Ireland.

However, since 1994 various websites have been set up which have become extremely popular and which offer bets on the outcome of the EuroMillions game and other lotteries throughout Europe. Despite the fact that gambling legislation prohibits betting on National lotteries, it does not prohibit UK customers from betting on EuroMillions draws in other countries even though all of those are drawn centrally in France.

It has been easy in the last 10 years to search the internet and find several of these sites which offer bets on other lotteries and there has been an increasing swell of opinion which criticises these websites for taking money away from the good causes. This was one of the principal reasons for establishing lotteries in the first place. The websites are not bound by any commitment to give any stakes to good causes which is, of course, unlike the National Lottery.

Those who represent the websites argue that they represent “fair competition and an alternative from those disenfranchised with the current monopolistic market and offer”.

It seems that the Lotteries Minister Tracey Crouch does not agree and it was announced at the start of March that there will be a consultation on closing as what is described as a loop hole. Tracey Crouch said “We want to act to ensure that money going to good causes is protected and that there is no confusion around the EuroMillions draw, providing the same levels of clarity as there is with the National Lottery”.

There have been various accusations flying about from both sides of the argument relating to allegedly false and misleading statements, although it is not surprising to read that Camelot are very pleased with the recent announcement.

At the same time as this announcement the Malta Gaming Authority has awarded Lotto Warehouse its first B2B Class 4 platform licence, allowing the company to host managed betting on the outcome of lotteries. This company was set up in 2016 and will now be allowed to offer other operators the chance to add a portfolio of lottery betting products to their platforms.

Lottoland has filed an application to have its own lottery in several German federal states in order to challenge the German lottery monopoly and become the first private lottery operator of a major lottery in the country. This follows on the back of Lottoland receiving its approval in the middle of last year to operate in the Republic of Ireland, which was its third new licence territory in the past 12 months.

No doubt there will be further developments in this story when the consultation is released.

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Woods Whur & Innpacked

We are delighted that our relationship with Innpacked is still going strong. Our clients are benefiting from our hook up with them and many are taking advantage of the direct link into their training packages. We have also had some real success with bespoke packages being tailored to our clients needs.

Innpacked is one of the most successful training companies in the UK hospitality industry. Their client base ranges from large multinationals to individual clients who are just beginning their career. The reason for our hook up with them is their ability to provide training that suits our client’s individual needs. They deliver mandatory courses that vary from the Level 2 Award for Personal Licence Holders, which is required to gain a personal alcohol licence, to the Level 4  Award in Food Safety in Catering. They also design bespoke courses which are written and delivered to our client’s exact requirements, such as employee and management induction courses. Their  main goal is to not only deliver quality training, but training that is relevant and adds value to your business or career.

Latest dates for Leeds APLH courses are as follows:

  • 20 April 2017
  • 18 May 2017
  • 22 June 2017

If you need to book anyone on these courses during the summer months please contact Kathryn@innpacked.com or you can call her on 0800 078 6056.

Please either click on the following link to see their APLH courses:

http://www.innpacked.com/course/aplh/

or for the whole suit of courses on:

http://www.innpacked.com/courses/

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Woods Whur announce strategic partnership with UK CRS

We are delighted to have agreed a strategic partnership with UK CRS, a leading Loss Prevention Company. It became apparent to me that we already have a number of mutual clients. As a result I met up with them to see whether there was potential in having a joint working relationship, to market to our existing client base and to add value to our long-standing relationships with our clients.

As a result of these discussions, the company has agreed to discounted rates for Woods Whur clients. They have developed some fantastic web and app based solutions. We are going to take over the legal representation side of their claims from their existing legal team and work towards a seamless instruction through their systems, to reduce cost and increase efficiency to clients.

The 3 key areas that they cover are :-

  • Civil Recovery
  • Employment Screening
  • Online Fraud Detection

Their experienced and dedicated team are supported by a state of the art technology infrastructure developed from years of experience in the credit scoring and civil recovery sectors. It is worthwhile having a look at their website: www.ukcrs.com to get a steer on whom they are currently representing and how they focus on their services. Continue reading Woods Whur announce strategic partnership with UK CRS

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Sports Betting Integrity Action Plan published at a time of late goals and pies!

The Sports Betting Integrity Forum has today published the 2017 addition of the Sport and Sports Betting Integrity Action plan which follows on from the 2016 addition. It is reported that “this new and updated Sports Betting Integrity action plan builds on that progress, continuing the collaborative approach across sport, betting operators, law enforcement and government, protects against and deter sports betting related corruption. It has also been amended to include relevant updates and new priorities”.

The Sports Betting Integrity Forum was set up in 2012 to develop an approach which would protect sports betting against corruption and the forum includes representatives from governing bodies, operators, trade associations, law enforcement and gambling regulations. It was originally called the Tripartite Forum. It’s main focus is prevention,  disruption and deterring and was initially concerned about match fixing and the challenge posed for sports betting operators. An earlier project commissioned by the Remote Gambling Association and its partners looked into the prevalence of corruption in international sport and analysed a  database of 2089 cases of corruption which included match fixing both betting and non-betting related, the misuse of inside information and doping. The research identified key trends in the data.

A detailed document had been prepared prior to the Rugby World Club in 2015 outlining the betting integrity support arrangements that were in place which also provided learning points for future events.

There have of course been some high profile incidents relating to betting scandals in sport and the industry has had to react quickly to both understand and deal with all types of corruption. Wikipedia now has a page which lists the Cricketers who are banned for corruption with the major corruption case involving  the Pakistan cricket spot-fixing scandal of 2010. The international cricket Council banned 3 players Salman Butt, Mohammad Asif and Mohammad Amir and Butt and Asif were found guilty by a London Court on criminal charges relating to spot-fixing. In February 1999, a Malaysian based betting syndicate was caught attempting to install a remote control device to sabotage the floodlights at a Premier League match, in 2004 Portuguese Police launched an operation and named several Portuguese club presidents and football personalities suspected of match fixing and in June 2004 in South Africa, 33 people were arrested on Match fixing charges. There was a Bundesliga scandal in 2005 and other scandals in Brazil, Germany, Spain, Finland and Lebanon have been widely reported. In December 2013, 6 people in Britain were arrested for allegedly fixing football games.

It is a difficult area to regulate and control. An extra corner, a late goal or a certain number of throw Ins can all now lead to significant amounts of money being won by organised syndicates given the vast array of products and competing products that are now in the sports betting market place. On Tuesday night the Manchester City forward Leroy Sane scored a late goal in the Champions League match against Monaco which meant a fan  missed out on €34,000 having placed a bet on the results of the Manchester City and Monaco match and the Atletico Madrid and Bayer Leverkusen match.

The dangers of betting operators offering novelty bets was highlighted on Monday night in the Arsenal against Sutton United match when Sutton United reserve goal keeper, Wayne Shaw ate a pie/pasty whilst in the dugout as the FA Cup match was taking place. Not surprisingly the stunt was captured by the BBC who were at the match and initially the pie eating was greeted with much humour. However, it transpired that a betting operator had offered a bet to customers ( odds of 8-1)  that Wayne Shaw would eat a pie during the match and a number of people (unknown) had placed bets on this happening. Wayne Shaw  resigned from Sutton United the following day and the FA are now investigating to see whether or not there is a breach of any FA rules relating to betting. The Gambling Commission is also looking into any regularity in the betting market having previously warned operators in June last year about the integrity of taking bets on novelty markets. Sun bets who sponsor Sutton tweeted that it had paid out a 5 figure sum on the bet whilst Shaw admitted he was told of the betting promotion before the game although maintaining that the eating of the pie/pasty was just a bit of fun. “I thought I would give them a bit of banter and let’s do it, all the subs were on and we were 2-0 down…it was just a bit of banter for them”.

A worldwide ban on betting in football was introduced in 2014 and covers everyone involved in the game and prevents participants covered by the ban from betting, either directly or indirectly on any football match or competition including the passing of “inside information”.

No doubt the Sports Betting Integrity Forum will hope that the 2017 addition of the sport and sports betting integrity action plan will continue to see the industry make progress in working with law enforcement and government agencies to prevent and deter sports related corruption whether it relates to novelty bets or otherwise.

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Gambling Commission Chief Executive describes last 12 months as “seismic” in address to ICE 2017

The Chief Executive of the Gambling Commission, Sarah Harrison MBE, addressed ICE Totally Gaming 2017 a couple of weeks ago, some 12 months after she first spoke at the event having taken up the position in October the previous year.

Sarah took the opportunity to look back at the past 12 months and to defend the increasing regulatory scrutiny to which operators have been subject in that time. Ramping up the standards expected of them in customer care, personal data handling, crime prevention and social responsibility has, she said, been “timely. She also signalled a determination on the Commission’s part to assist DCMS in the coming year in tackling perceived issues surrounding gaming machines and gambling advertising.

The speech focussed on three main themes: public policy and market developments, a look back over the last year and a vision of the future.

On policy, Sarah used the speech as another opportunity to champion the consumer, stressing that operators’ fair treatment of their customers is of paramount importance if the sector is to be allowed to thrive. She referred to a recent hardening of public attitudes toward gambling, suggesting that, by comparison with the results of the 2010 British Gambling Prevalence Survey, recent research shows that people have become less tolerant and more concerned about the activities of the gambling industry. The Commission’s 2016 research showed, she said, that 17% of people thought that gambling should be banned altogether, 80% thought that there are too many opportunities for gambling nowadays and 62% thought that gambling was dangerous for family life. Of course, as ever with such statistics, much depends on the precise questions and the way in which they were put, and these results contrast with others that show that 33% of respondents considered that most people who gamble do so responsibly. Sarah did, fairly, concede that direct comparisons cannot be drawn with 2010 due to differing methodologies.

As to market developments, the speech highlighted the growth in the online sector, largely being driven by mobile and app-based gambling. Remote Gross Gambling Yield between April 2015 and March 2016 reached a staggering £13.6 billion and there is no reason to believe that this growth will stutter.

Although rates of problem gambling have remained unchanged since 2012, Sarah pointed to increasing concerns about the prevalence of gambling advertising, with half the population saying they see gambling advertising daily and 60% of 18-24 year olds saying they see it daily online. Against this backdrop, she outlined the continuing work of the Commission in relation to problem gambling, taking as its foundation the new National Responsible Gambling Strategy which is being taken forward by new research being commissioned by GamCare. The most recent figures reported late last year by the Institute of Public Policy Research estimated that problem gambling costs the UK Government between £260m and £1.6b a year. The variance between these two figures is huge, of course – this is largely explained by the difficulties in measuring impacts across the full range of health, welfare, employment, housing and criminal justice topics. Sarah stressed the Commission’s commitment to continuing to work in this area.

Looking back at the Commission’s work over the last 12 months, the speech highlighted the fairness to consumers theme and the ongoing work being undertaken in conjunction with the Competition and Markets Authority. As previously reported here, that work is largely focussing on the betting sector, and specifically on concerns that have been raised surrounding cancelled bets, altering of odds and misleading promotions. The project has recently been extended to cover online betting, and we can expect to see considerable crackdowns in this area. We also anticipate that the Commission will continue, and aim to strengthen, its co-operating and partnership working with other regulators, not merely the CMA, but others such as the Advertising Standards Authority and the Information Commissioner’s Office. The ICO is already undertaking a piece of work looking into spam SMS and Sarah pointed to the gambling sector as being one of the worst offenders, saying:

…my message to [affiliates] is that they need to get their house in order. But far more importantly, my message to operators is there is no ‘fudge’ around this, no equivocation – the affiliates who promote your brand and who drive business to your websites are your responsibility, and it is you who are accountable.

Sarah also pointed to the Commission’s work on social responsibility in the last year, notably by strengthening the relevant provisions of the Licence Conditions and Codes of Practice and the introduction of the requirement upon the biggest operators to produce an Annual Assurance Statement to demonstrate that compliance with the licensing objectives is at the core of their business. She described as “poor” last year’s Statements when it came to operators quantifying the scale of problem gambling in their business but did concede that there are signs of improvement in this field, with some operators using a data-based approach to come up with the answer and some even coming together to better understand drivers and mitigations of problem gambling. Sarah also praised the industry for the progress that has already been achieved through the national self exclusion schemes that now apply across the casino, betting, bingo and arcade sectors and which are due to be extended to the online sector in the coming year.

At the same time, the speech roundly criticised operators who, in Sarah’s view, are continuing to put commercial gain over compliance by, for example, adopting a “wait and see” approach to anti-money laundering measures, ie waiting for the source of funds to be proved to be unlawful before acting. This, she said, is “clearly unacceptable” and she warned the industry that it “must do better”. However she also pointed to the new crime prevention measures introduced by the Commission last autumn and praised Caesars and Rank for showing leadership in this sphere, sharing their learning following adverse enforcement cases at the Commission’s first Raising Standards Conference last November.

Sarah made it plain that, whatever the fate of the 4th Anti-Money Laundering Directive, the Commission will expect operators to continue to intensify Know Your Client activity. Whether the whole or any part of the industry will be exempt from the Directive remains to be seen.

Looking to the future, the speech referred to the Commission’s recent announcement regarding its enforcement powers and reiterated the fact that fines are set to increase, with formal reviews being placed upon an equal footing with voluntary settlements. Sarah made it plain that the Commission are fully committed to tackling unlicensed gambling, particularly to protect children, and that it will not hesitate to use all of the powers available to it and to collaborate with other operators wherever possible, both here and abroad.

Sarah laid down a challenge to the sector, which, she said, if it is to thrive, depends upon building customer trust and confidence and long-term relationships with consumers based upon respect. She invited operators to consider whether some of the vernacular that it uses, such as “price tarts”, “bonus abusers” “grind action” and “whales”, is appropriate, suggesting that it “begs serious questions.

The speech also pointed to an increased focus on data: the use of data by operators to both protect their customers and promote their products, and the use of data by the Commission to evaluate compliance and to inform consumers and policy makers. Sarah stressed the Commission’s commitment to understanding and dealing with consumers better. It is noteworthy that she also pledged to “[invest in our people, our skills and our culture”, saying that “…we know we need to do more in the spirit of continuous improvement.”

The speech also touched briefly upon the lottery sector, in what many who have been anxiously awaiting it might interpret as a hint that the increase in proceeds limits might come about in the next 12 months. Sarah stressed the need to balance protecting the National Lottery and consumers with enabling contributions to good causes to grow.

On gaming machines, the speech confirmed that part of the Commission’s evidence base forming the foundation of its advice to Government on its Gambling Review will be published “very shortly”: machine play over the last 24 months. Sarah made it clear that the Review will not merely focus on stakes, prizes and speeds, but on the wider questions of consumer protection and prevention of gambling-related harm. Curbs on machines will undoubtedly come and it will be interesting to see precisely what form those curbs will take. We will of course continue to keep you informed of these developments and others in the sector.

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Parliamentary Group Scrutiny into Fixed Odds Betting Terminals (FOBT) called into Question

The trade body for bookmakers, the Association of British Bookmakers (ABB) has described a report by MPs on fixed-odds betting terminals (FOBTs) as “deeply flawed” after it called for the maximum stake on the terminals to be cut from £100 to just £2. The All-Party Parliamentary Group (APPG) on FOBTs said the maximum amount a punter can stake on a single spin should be reduced to £2 in its final report of a six-month inquiry following growing disquiet among politicians about the harm being caused on Britain’s high streets by the machines.

The report said: “We were disappointed that the bookmakers declined to participate and fear this is a reflection of their denial of the problems associated with FOBTs and a reluctance on their part to speak to policy makers about appropriate regulation.”

The group Chairwoman Carolyn Harris said:

“There is now a clear case for the Government to substantially reduce the maximum stake which can be played on FOBTs. The time for prevaricating is over. These machines are easily accessed in the most deprived areas, sucking money out of the pockets of families. I support a responsible gambling industry, but there is nothing responsible about how FOBTs are currently being operated. I urge the Government to take action now.”

The ABB warned such a move would be a “hammer blow” to high street bookies and threaten thousands of jobs. It demanded an immediate inquiry by the Parliamentary Commissioner for Standards into the APPG, which it condemned as a “front for vested commercial interests”. ABB Chief Executive Malcolm George said: “This is a deeply flawed report funded by vested interests who would directly benefit if its recommendations are ever implemented.”

They said the parliamentary group had no proper standing; that its report merely reflected the views of certain MPs with an axe to grind; and that the report had been funded by rivals in the gambling industry, such as those in the casino, arcade and pub industries.

“We strongly believe that the Parliamentary Commissioner for Standards should urgently investigate this all-party parliamentary group,” said Malcolm George, Chief Executive of the Association of British Bookmakers.

“This group of MPs has operated in secrecy, provided no transcripts of the evidence given to their meetings and operated throughout behind closed doors away from public scrutiny.”

He added that betting shops were already closing at the rate of more than 100 a year and if the findings of this report were implemented, it “could spell the beginning of the end for the High Street Bookmaker”.

The Chairman of the Local Government Association’s Safer and Stronger Communities Board, Simon Blackburn, said: ” As well as leading to spiralling debt, problem gambling can impact on individuals and their families’ physical, mental and emotional health and well-being as well as having a wider impact on society through crime and disorder. With rates of problem gambling higher among those who live near clusters of bookmakers, it is essential that, as the report also recommends, councils are given powers to stop further clusters of betting shops on our high streets.”

The MPs in their report said they had given the bookmaking firms plenty of opportunity to submit evidence. Despite the bookies’ opposition to the report, Carolyn Harris MP said the time for prevaricating was over and the government should now take action.

The 35,000 machines, primarily offering roulette, have become the biggest source of money for the bookmaking industry and now provide more than half its profits.

The report cited figures showing that in 2015 £1.7bn was lost by gamblers on the terminals, each of which took on average £48,724 from punters that year.

The industry’s enthusiasm for the machines has seen it accused of spreading gambling addiction in some of the poorest parts of the country, especially where there are unusually high concentrations of bookies shops in local high streets.

The MPs repeated their previous call for the spin speeds of the electronic gambling machines to be reduced to slow down the speed of repetitive betting. And they also said that the number of betting terminals in each shop should be cut from the current limit of four.

The MPs also took a swipe at the Gambling Commission, which regulates most betting in Great Britain, saying it had been slow off the mark and had failed to do its job properly, “We urge the Gambling Commission to take an active role in advising the government to fully regulate FOBTs and to look into accusations of any malpractice by bookmakers or gambling premises more widely.”

There has been no more divisive product in the gambling sector since they were introduced many years ago. They make significant profits for the betting industry but their existence has always generated a significant debate. If observers thought that the latest chapter was to bring a conclusion to the debate they are significantly mistaken. There is no doubt that the betting operators will fight to protect their rights to offer the facilities, it now appears that other vested gambling interests maybe promoting those who oppose their very existence.

The “Fixed Odds Betting Terminals All Party Parliamentary Group Report” can be found at the following link:

http://fobt-appg.com/wp-content/uploads/2017/01/Fixed-Odds-Betting-Terminals-Inquiry-Report-January-2017.pdf

We will continue to monitor developments and report as and when there is more information available, but it appears the FOBT debate will continue to be a significant issue for the betting industry.

 

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Public statement issued by the Gambling Commission in relation to TGP Europe Limited and Fesuge Limited

The Gambling Commission (“GC”) has issued a public statement following its investigation into the activities of TGP Europe Limited (“TGP”) and Fesuge Limited (“Fesuge”). This statement identifies various failings in compliance in relation to the GC’s fairness and openness requirements, obligations surrounding consumer rights and the standards expected in relation to marketing. The statement is of significance because the GC has stated that the issues identified are likely to form the basis for future compliance assessments of other gambling operators.

TGP and Fesuge are both part of a single group of companies and are based in the Isle of Man, licensed by both the Isle of Man Gambling Supervision Commission and the GC. Both companies promoted various bonus offers during the Cheltenham festival in March 2016 under various brands: FUN88, TLCBet, 12Bet and 138.com. Those offers were subject to their own specific terms and conditions, as well as to the general terms and conditions of TGP and Fesuge. Bonuses for new sign-ups and existing customers were offered, but none of the brands allowed customers to have a multiple accounts.

The GC investigation follows hard on the heels of the GC announcing that it is cooperating with the Competition and Markets Authority (“CMA”) in its campaign to ensure that the terms and conditions of gambling operators are fair to consumers. This has resulted in the CMA issuing Information Notices, as previously reported here, under Part 3 of Schedule 5 to the Consumer Rights Act 2015 (“CRA”) to a range of gambling operators. This initiative has largely concentrated on potential breaches in the betting sector, focussing on misleading terms and conditions, promotions that are difficult to understand or that may be unachievable, players being blocked from collecting their winnings, bets being cancelled or odds altered, and terms unreasonably restricting players’ rights to challenge operators’ decisions. It also comes after the announcement by the GC that it will place all of the regulatory tools at its disposal on an equal footing, and will no longer favour voluntary settlements over formal licence reviews. In this respect, it is interesting that this case has resulted in a voluntary settlement being reached, rather than a formal licence review being launched.

The case arises because TGP and Fesuge assessed the take-up of their bonus offer and concluded that a large number of bets had been placed in contravention of Clause 15.2 of their Terms and Conditions, which provides:

in the event that we suspect that you or any other player is abusing or attempting to abuse a bonus or other promotion, or is likely to benefit through such abuse we may block, deny or suspend, withhold or cancel the account of any such player, including your account if we determine that you are involved in such.”

 TGP and Fesuge took the decision to suspend more than 5,000 players’ accounts because they considered them to be in breach of this rule. Of particular concern to them was that it appeared that existing customers had set up multiple accounts in order to avail themselves of the bonus offer several times over. Some existing customers had also tried to benefit from the new sign-up bonus by setting up new accounts in different names.

As a result of their investigations, TGP and Fesuge took the decision to suspend the relvant customer accounts and, correctly, notified the GC of their concerns as a Key Event. As a result of the suspension of these accounts, the GC and the Independent Betting Adjudication Service (“IBAS”) received over 1,000 complaints from around 800 separate customers. The majority of the complaints referred to IBAS were settled prior to adjudication, and in the small number of outstanding cases which were adjudicated, the IBAS Panel accepted that both TGP and Fesuge had acted reasonably in connection with the majority of cases.

At the crux of the matter was the fact that the relevant terms and conditions were unclear and ambiguous, something which was accepted by TGP and Fesuge. They acknowledged that they did not handle the case in an efficient way and that their terms and conditions did not provide a clear definition of bonus abuse. In addition, both companies cooperated fully with the GC throughout the investigation, and took its advice. They identified serious shortcomings in their original assessment of the problem, acted promptly after the initial suspension on withdrawals by releasing funds to players on a case-by-case basis, and did not benefit financially from the situation, because stakes to all affected customers were refunded, whether or not they had won or lost. In addition, they instructed external solicitors to undertake a full review of their Terms and Conditions to ensure compliance with the CRA.

The GC’s principal criticisms of TGP and Fesuge’s practices were that they had failed efficiently to deal with the volume of new accounts being opened and that their systems had failed to identify, at the point of registration, people opening multiple accounts. Their approach was reactionary, as opposed to proactive. In addition, the companies conceded that their Terms and Conditions did not make it sufficiently clear to customers that an existing customer could not sign up and take advantage of the bonuses for new sign-ups.

As a result, the GC convened a meeting with the operators and, after considering the evidence, officers concluded that they had breached licence condition 7.1.1B (fairness and openness) and Social Responsibility Code Provision 5.1.1.1a (rewards and bonuses). These provide:

Licensees must satisfy themselves that none of the terms on which gambling is offered are unfair terms within the meaning of the Consumer Rights Act 2015 and must comply with those terms (section 62(4) of the Consumer Rights Act 2015 provides that: “a term is unfair if contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer”)

 “if a licensee makes available to any customer or potential customer any incentive or reward scheme or other arrangement under which the customer may receive money, goods, services or any other advantage (including the discharge in whole or in part of any liability of his) the scheme must be designed to operate, and be operated, in such a way that the circumstances in which, and conditions subject to which, the benefit is available are clearly set out and readily accessible to the customers to whom it is offered”

The GC stressed that, where operators offer bonus promotions in the normal cause of their business or at major events, they must ensure that their Terms and Conditions comply with the requirements of the CRA and the LCCP. The approach must be proactive. Here, the affected operators accepted that their Terms and Conditions were unfair and proposed a voluntary settlement, which was accepted by the GC. This included agreeing to the publication of a public statement, changing their Terms and Conditions in order to address the failings identified, engaging a firm of solicitors to ensure compliance with the CRA, improving their anti-fraud measures and paying the GC’s investigation costs in the sum of £7,000.

As part of the public statement, the GC has identified a number of questions for operators to consider, namely:

  • Are you satisfied that none of the terms on which gambling is offered are unfair within the meaning of the CRA?
  • Once you have satisfied yourself that none of the terms are unfair, make sure that you comply with those terms.
  • Ensure that an accurate summary of a contractual terms on which gambling is offered is available to customers and is set out in plain and intelligible language.
  • Are the circumstances in which, and conditions subject to which, the benefit is available clearly set out and regularly accessible to the customers to whom it is offered?

Is your position on bonus abuse, and how it will be applied, clear and transparent to consumers?

This case confirms our instinct that the GC will be focusing on the betting sector in the foreseeable future, particularly in relation to its joint initiative with the CMA to ensure that terms and conditions are fair. It is interesting that this case has resulted in a voluntary settlement rather than a formal licence review. Doubtless, co-operation and a willingness promptly to acknowledge and rectify failings, together with the fact that the operators concerned did not financially benefit from those failings, have played a large part in the GC feeling able to proceed via the public statement route. Other operators should take note of the importance of such a collaborative approach and scrutinise their Terms and Conditions and other practices in line with the questions posed of them by the GC, as set out above.

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Trade Objectors test the definition of a “street” in a betting office application case

Since the Gambling Act 2005 came into force on the 1 September 2007 there have been a few challenges by trade objectors to applications for betting office licenses. There has been no repeat of the standard trade objection to applications for betting office licences under the previous 1963 Act which often resulted in lengthy hearings before the Magistrates Court.

In a recent application however for a betting office licence in Manchester, Betfred sought to block an application by Bet 138 for a betting office licence arguing that the mandatory principles for betting licences could not be complied with. I have no doubt that the fact that the application was close to a huge Betfred shop in China Town Manchester influenced the decision to try and block the grant of a new licence. Trade protection is still alive! The Gambling Commission Guidance to Licensing Authorities sets out the relevant access provisions for each type of gambling premises and confirms that in so far as betting shops are concerned the following access provision must apply:

Access must be from a “street” or from other premises within a betting premises licence and there must be no direct access from a betting shop to another premises used for the retail sale of merchandise or services. In effect, they cannot be an entrance to a betting shop from a shop of any kind unless that shop is itself a licence betting premises.

The definition of a street appears in paragraph 7.21 as “including any bridge, road, lane, footway, subway, square, court, alley or passage (including passages through enclosed premises such as shopping malls) whether a thoroughfare or not. This is to allow access through areas which the public might enter for purposes other than gambling, for example, access to Casinos from hotel foyers.

What were the circumstances that led Betfred to set themselves out as the “enforcers of gambling legislation”? Bet 138 applied for a betting office licence within 41 Faulkner Street in Manchester. 41 Fortner Street is a large building in China Town with several steps up to a foyer on the ground floor. There was a unit to the right of the foyer which Bet 138 sought a licence for and which had previously operated as a Tailors and a unit to the left of the foyer which had previously operated as a hairdressers. The stairs off the foyer led to a printing works which the public had access to and there was further office accommodation above the printing works. Betfred argued that as the betting shop door led to the foyer of 41 Faulkner Street, Manchester, it did not lead to a “street” and therefore the application could not be granted.

Part 7 of the Gambling Commission Guidance to Local Authorities sets out a number of helpful paragraphs in clarifying the rationale behind the requirement to have access from a street. It confirms that a single building could have more than one premises licence in that one premises licence could be granted to a unit in a basement and another to a unit on the ground floor. It guards Local Authorities against licensing areas which are artificially segregated or separated and paragraph 7.19 refers licensing Authorities to look at the unlicensed area from which there is access to gambling. The clear interpretation is that the Gambling Act 2005 does not want betting shops opening if the public are not clear that they are leaving an unlicensed area and entering a betting shop.

I have to say it was very difficult to understand the Betfred argument and it would appear from the speed of the decision that Manchester Licensing Committee did not quite understand the argument as well. The facts of the case were very clear. The foyer at the top of the stairs was an unlicensed area. It was an area to which the public had access for purposes other than gambling. The public would access that foyer either to use the units to the right, the unit to the left or the printing shop on the first floor. It was quite clearly therefore an area to which the public accessed for purposes other than gambling and was a foyer in an enclosed premises just as a passage through a shopping mall does a thoroughfare in enclosed premises.

The application was granted and the Committee accepted the Applicants arguments and appeared to give little weight to the trade objectors submissions.

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Woods Whur is successful with grant of a new premises licence in the red zone of Leeds Cumulative Impact Area

Last week I appeared in front of the Leeds Licensing Sub-Committee to make an application for a new premises licence for a food outlet in Hirst’s Yard. The location is in the middle of one of the two red zones in Leeds, where crime and disorder is still increasing even though the CIP has been tight for many years. There is a presumption therefore that all new premises licences of this type should be refused unless the applicant can rebut the presumption of refusal.

We engaged the Police and the Licensing Authority officer and discussed our thoughts before lodging the application. It is accepted that the topography of the area lends itself to being a crime hotspot. It is a narrow passageway with three exit routes, poorly lit and lots of commercial premises have their skips for waste there. This has created a perfect environment for drug dealers to congregate and look to the young people socialising in the area as their target market.

My client already operates a large basement venue in the area and has been working hard with the police to deal with the localised issues in the area. They had an opportunity to take a small property and decided to approach the Regulatory Authorities with a view to applying to create a small late-night takeaway premises. The idea was that this would provide a catalyst to create better lighting and supervision in Hirst’s Yard. There was an offer of an SIA doorman and the introduction of more CCTV cameras in the Yard. The benefit of the applicant being in the area already with a significant security presence meant that they could link in with other doormen should problems occur.

Finally, we offered to restrict the licence for a 6 month trial period to give the opportunity for my client’s plans to be tested. Nevertheless, the Police and Licensing Authority officers felt that they should make representations about the application so the members could decide.

We had a great hearing, exactly how these applications should work, with some probing questions about the operation of the premises. After retiring to consider the application the Sub-Committee came back to grant the licence, agreeing with my submissions that it was worth trying to do something positive to improve the issues in the area. They accepted that all of the risk was on the applicant as this was a time-restricted application, only to last for 6 months, and that it was a positive move that was worth the risk. They have asked for a full report to be circulated to see what the impact is, and if successful, there will need to be an application in 6 months’ time to get a subsequent licence.

The onus now falls on the operator to provide the additional lighting, new doorman and CCTV coverage and to continue to work with the police to help in the area. I represent a number of operators in the vicinity and we are also looking to see if we can improve the position of the refuse skips and drive up the quality of the environment.