The Licence Conditions and Codes of Practice require that all licensees must make information readily available to their customers on how to gamble responsibly and how to access information about and help in respect of problem gambling.
As September 1st approaches, operators would be well advised to undertake a due diligence review of operations and procedures to ensure compliance with the new requirements of the Gambling Act 2005. Terrestrial licensed gambling operators will find the following checklist useful as it discusses some of the key issues and policies to review before the Act comes into effect.
A High Court case brought by a problem gambler against bookmaker William Hill is set to draw widespread media attention to self exclusion agreements, as well as compelling gambling operators to formulate more comprehensive exclusion policies and procedures, as per their obligations under the 2005 Gambling Act.
In formulating their self-exclusion policies and procedures, operators in Great Britain should consider the risk that self-excluded gamblers could successfully sue operators if they are subsequently allowed to bet.
This checklist will help operating licence applicants ensure that they submit appropriate information regarding finance and social responsibility practices, as required under the 2005 Gambling Act, in their licence applications to the Gambling Commission.
The Gambling Act requires all operating licence holders to establish and comply with written procedures that will underpin the objective in the Act of promoting responsible gambling, specifically to protect the young and vulnerable.
The compliance enforcement matrix set up by the Gambling Act makes sure that no-one is immune from responsibility if a gambling company is in breach of its licence conditions. Even shareholders who own no more than 10 per cent of the shares can be at risk.
The Gambling Commission has initiated a consultation process on revised Licence Conditions and Codes of Practice for UK-based gambling operators, which include changes to the player protection and reporting obligations of companies licensed under the 2005 Gambling Act.
While the High Court ultimately dismissed self-excluded gambler Graham Calvert's attempt to recover losses from leading bookmaker William Hill, the high-profile case indicates that operators could owe a duty of care to pathological gamblers in exceptional circumstances.
A self-excluded gambler has failed in his bid to recover more than £2m in losses from William Hill. A High Court judge ruled that William Hill could not be liable for Graham Calvert’s losses despite the fact that he had asked to be excluded from betting with the bookmaker. Regardless of yesterday’s ruling, self exclusion seems set to remain one of the key compliance concerns of UK gambling operators.
