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  Gambling Commission Updates  
 

 

Five figure bill for illegal supplier as Commission turns the screw on unlicensed gaming machine businesses

Following the conviction of an illegal supplier of gaming machines, the Gambling Commission (the Commission) has once more warned that it will prosecute those who persist in supplying gaming machines illegally.

The warning follows the successful prosecution under section 242(1) of the Gambling Act 2005, at Bootle Magistrates' Court this week. The court found Peter Croome, aged 32 of Southport, guilty of 24 counts of making gaming machines available for use without an operating licence.

The court imposed a fine of £2,700 as well as awarding £10,000 costs to the Commission. The court also ordered that £2,130 seized from Peter Croome to be forfeit along with 20 gaming machines - all of which will be destroyed.

Following the case the Commission's Director of Regulation, Nick Tofiluk, said:

"It's in everyone's interest to put a stop to the illegal supply of gaming machines which benefits criminals at a cost to both society at large and the legitimate gambling industry.

"This case demonstrates the Commission’s determination to pursue those who supply illegal gaming machines and shows that we will use our prosecution powers when necessary."

Operators of businesses who have any doubt about the legality of where a gaming machine is sited, or have suspicions about gaming machines that have been offered to them, can contact the Commission in confidence on 0121 230 6655. A register of machine suppliers licensed by the Commission is updated daily and published on the Commission's website.

Challenging year for gambling industry and the regulator

The Gambling Commission has published its Annual report and accounts for 2009/10.

The Commission’s focus for the year has been on working with the industry, local authorities, the police and others in developing the 2005 Gambling Act regulatory regime to make it more effective while less burdensome. This has involved:

  • developing the Commission’s risk-based approach to priority setting, concentrating on issues and operators with regional and national impact
  • building up its and the industry’s knowledge base in the practical implications of the Gambling Act 2005
  • working with local authorities and the police, clarifying roles and minimising duplication
  • testing the degree of compliance, for example through test purchasing
  • improving the information available to operators and consumers
  • working with the Responsible Gambling Strategy Board, the Responsible Gambling Fund and others to implement a more strategic and effective approach to research, education and treatment of problem gamblers.

The Commission also worked closely with the Department for Culture, Media and Sport on two major policy initiatives - remote gambling regulation and the Parry review of sports betting integrity. From the latter, the Commission has implemented one of the main recommendations of the Parry report in setting up a Sports Betting Intelligence Unit. 

”Like the industry, we have not escaped the impact of the recession,” said Brian Pomeroy, the Commission’s Chairman.

“Consolidation, contraction and closures within the industry, as well as some operators moving offshore have reduced our expected fee income. With no fee increase this year, we have cut staff and expenditure accordingly - by £1.3 million against the previous year.

“The next 12 months will be even more challenging with pressure to become more effective. For example, to combat sports betting corruption and other types of illegal gambling while reducing the overall cost of regulation, and working with the National Lottery Commission on the proposed merger.”

The Commission is an independent body funded in the main by licence fees paid by the gambling industry but set by the Secretary of State and approved by Parliament. All of its regulatory activity is funded by licence fee income.

You can download the Commission’s 2009/10 annual report and accounts from its website.

Further machine seizures as fight against illegal supply continues

The Gambling Commission (the Commission) again played its part in a joint operation as four gaming machines were seized from a single unnamed premises in Manchester.

The machines, which offered prizes of between £25 - £250, were sited without permits or AMLD licences and will now be destroyed by HM Revenue & Customs (HMRC). The unpaid duty on the four machines was at least £650. In addition, the businesses involved will be required to pay a penalty of £250 for each one to HMRC. The Commission’s enquiries into the source of the supply continue.

The Commission has conducted a number of joint operations with HMRC and local authorities since it launched a nationwide drive targeting illegal suppliers of gaming machines in September 2008. In three recent similar operations, four gaming machines were seized in Bolton, ten in Liverpool and six in North Yorkshire.

The Commission’s Regional Compliance Manager for the North West, Alan Green said: 
 
“Businesses supplying or making gaming machines available for use without a licence risk action from the Commission or its co-regulators.

“This is a further example of effective co-regulation tackling operators offering gambling outside of the law.”

HMRC spokesperson, Martin Mcdonnell, said:

“These machines will now be destroyed. We estimate that the unpaid amusement machine licence duty on these machines will be over £5,000. In addition, the businesses concerned will also have to pay a penalty of £250 for each unlicensed machine.

"There are many business owners who are genuinely not aware that it is not just as simple as buying a gaming machine and setting it up. We urge people to make sure they only deal with suppliers who are properly licensed by the Gambling Commission.”

Manufacturers and suppliers of gaming machines must be licensed by the Commission and businesses can see a list of licensed operators at www.gamblingcommission.gov.uk. Anyone with information regarding the illegal supply of gaming machines should contact the Commission’s new confidential intelligence line on (0121) 230 6655.

Commission tightens grip on illegal machine supply

 

The Gambling Commission (the Commission) again played its part in a joint operation as ten gaming machines were seized from two unnamed premises in Liverpool.

The machines (Category B4 and C) which were sited without permits or AMLD licences will now be destroyed by HM Revenue & Customs (HMRC) and the businesses involved will be required to pay a penalty of £250 for each one to HMRC. The unpaid duty on the ten machines was approximately £1200. In addition, £1,100 in cash was seized by HMRC from inside the machines. The Commission’s enquiries into the source of the supply continue.

The Commission has conducted a number of joint operations with HMRC and local authorities since it launched a nationwide drive targeting illegal suppliers of gaming machines in September 2008. Last month, in a similar operation, four gaming machines were seized from premises in Bolton.

The Commission’s Regional Compliance Manager for the North West, Alan Green, said:  
 
“Businesses supplying or making gaming machines available for use without a licence
risk action from the Commission or its co-regulators.

“The Commission supports the actions of HMRC, Liverpool City Council and Merseyside Police in tackling the illegal supply of gaming machines locally which contributes to our ongoing work at a regional and national level.”

HMRC spokesman, Martin McDonnell said:

“There are many business owners who are genuinely unaware that it is not just as simple as buying a gaming machine and setting it up.  Unscrupulous suppliers can exploit that lack of awareness, so we would urge businesses to make sure they only deal with suppliers who are properly licensed by the Gambling Commission.”  

Manufacturers and suppliers of gaming machines must be licensed by the Commission and businesses can see a list of licensed operators at www.gamblingcommission.gov.uk. Anyone with information regarding the illegal supply of gaming machines should contact the Commission’s new confidential intelligence line on (0121) 230 6655.

World Cup bets are fair and safe with licensed operators

At the start of the 2010 FIFA World Cup, the Gambling Commission (the Commission) is reminding punters to ensure their bet is fair and safe with a licensed betting operator. 

The reminder comes in the same week that the Independent Betting Adjudication Service (IBAS) distributed guidelines to help betting operators avoid disputes during the tournament and published a complementary guide for punters on their website at www.ibas-uk.com

The 2010 FIFA World Cup is expected to be one of the largest sports betting events ever for British-based operators. All licensed betting operators must make their rules available to customers and have a written complaints procedure including a third party dispute resolution service such as IBAS in place.

All premises-based betting operators in Britain must be licensed by the Commission. Advice on betting on the internet is available from our quick guide What to look out for when gambling online - November 2008 which is available at www.gamblingcommission.gov.uk

The Commission’s Director of Corporate Affairs, Julia Mackisack said:

“The World Cup is likely to attract new customers to betting. People should ensure they use an operator who they can rely on to have adequate standards in place.

“Disputes can arise, especially where extra time is played and whilst customers are advised to check on the rules before betting, all operators licensed by the Gambling Commission must have a complaints procedure in place to give customers a fair deal.”

 

British Gambling Prevalence Survey 2010

The British Gambling Prevalence Survey (BGPS) 2010 is the third nationally representative survey of participation in gambling and the prevalence of problem gambling in Great Britain. It builds on the two previous gambling prevalence surveys (published in 2000 and 2007). 

The BGPS 2010 collects a wide range of gambling related data to inform policy development. In particular it:

  • measures the prevalence of participation in all forms of commercial and private gambling
  • estimates the prevalence of problem gambling
  • investigates factors associated with gambling and explores contextual elements, such as attitudes to gambling and what motivates people to gamble
  • where appropriate provides comparisons between pre- and post-implementation of the Gambling Act 2005
  • identifies a population of gamblers who could be invited to participate in future research

The findings of the BGPS will be used by the Commission to help develop policy for the regulation of gambling and to advise the Secretary of State on gambling issues. It will also provide information on gambling to the industry, problem gambling charities and other key stakeholders.

Cross-sectional research, such as the prevalence survey, cannot generally be used to investigate causal relationships, for example to explain what causes problem gambling.  However, it can be used to provide insight into range of issues, including a better understanding of people’s gambling behaviour and their attitudes towards gambling.
The BGPS is conducted by the National Centre for Social Research, in collaboration with gambling experts Dr Rachel Volberg, Professor Mark Griffiths and Professor Jim Orford.

The fieldwork of the BGPS 2010 was completed in early summer. A sample of over 7,500 respondents was achieved. The peer reviewed BGPS report will be published around the turn of the year, in February 2011. Full data set of the survey will be made available in the UK Data Archive in spring 2011.

Integrity panel: Commission welcomes Parry’s report

The Gambling Commission today welcomed the package of recommendations from the integrity expert panel, chaired by Rick Parry. The Commission stands ready to play its part in implementing the recommendations and looks forward to working with its partners in the sports and betting industries to do this once the package is endorsed by the Sports Minister Gerry Sutcliffe.

The Commission’s support comes as the Minister considers the panel’s recommendations for tackling the risk to the integrity of sport. At the time the panel, which included the Commission’s Director of Regulation, Nick Tofiluk, and Commissioner, Ben Gunn, an integrity expert, was launched last June, Commission Chairman Brian Pomeroy said:

“By acting together against the threat to integrity, the betting industry, sports bodies, players and their representatives, police forces, the Gambling Commission and others can achieve much more than any of us alone."

Underlining that commitment to cooperation in the light of the report’s publication, Pomeroy today added:

“We warmly welcome this report. It embodies the joint working with the betting industry and sports bodies that we have always envisaged necessary to protect betting integrity.

“The Commission stands ready to establish a new sports betting intelligence unit by enhancing its existing intelligence capacity in Birmingham. This will enable the Commission not only to pursue criminal investigations more effectively but also to support sports bodies and the betting industry more effectively with intelligence in their efforts to detect and prevent sports betting corruption.”

New survey data on gambling participation and public perceptions of gambling

The Gambling Commission has today published survey data on gambling participation and public perceptions of gambling. The findings are based on questions in omnibus* surveys conducted by ICM Research.

The Commission has collected and published information on remote gambling participation for some time. In 2008 a new set of questions covering participation in all types of gambling activity was added. Both these data sets complement the British Gambling Prevalence Survey by providing more regular information on gambling participation among the general population.

Over the year to December 2009, 55.2% of the adults surveyed said they had gambled in the past four weeks. Over the same period 10.5% of respondents reported that they had participated in at least one form of remote gambling.

As far as public perceptions on gambling are concerned, this is the first time such data has been published by the Commission. The questions measure how far people in this country think, firstly gambling is fair and can be trusted, and secondly gambling is associated with criminal activity. Figures covering last year show that 49.6% of the adults surveyed agreed that gambling in this country is conducted fairly and can be trusted. This percentage was considerably higher among those who gamble. Less than half of all respondents (41.3%) agreed that gambling was associated with criminal activity.

 

Open events

What is an open event?

An opportunity for smaller licensed operators to air concerns and suggestions regarding compliance with the Gambling Act 2005. At the same time we will update attendees on our developing approach to risk based regulation.

This is part of a nationwide exercise to develop our relationship with smaller licensed operators - without relying on time consuming compliance visits.

Why should I come along?

Key decision makers from the Commission will be available alongside your local compliance manager. We will cover a range of topics, selected following feedback from operators, and including fees, keeping children out, regulatory returns and effective self-exclusion.

We are also inviting suggestions on topics to be discussed via bookings. Specific sessions will be available for on-course bookmakers, arcades and off-course bookmakers.

Where and when are they being held?

Open events are expected to start around 9-45am and finish at around 3-00pm, full details will be supplied closer to the date.

Date

Location

Venue

4 February

Bolton

Ramada Jarvis Hotel
Manchester Road

11 February

Lancaster

Holiday Inn Lancaster
Waterside Park

22 February

Cardiff

Village Hotel
29 Pendwyallt Road

23 February

Chester

De Veres St David's Hotel
Ewloe

2 March

Plymouth

Novotel
Marsh Mills

22 March

Weymouth

Heights Hotel
Yeates Road

25 March

Skegness

Kenwick Park Hotel
Kenwick Park

13 April

West Midlands

Bescot Stadium
Bescot Crescent

20 April

East Anglia

to be confirmed

22 April

Sheffield

Holiday Inn (Roth)
West Bawtry Road

5 May

Newcastle

Marriot Metrocentre Hotel
Metro Centre

6 May

York

York Marriot Hotel
Tadcaster Road

17 May

Dunblane

Hilton Dunblane Hydro
Perth Road

1 June

Gatwick

to be confirmed

8 June

Watford

to be confirmed

 

How can I book my place?

If you want to come and see us while we are out on the road fill in your details on our booking form and we will contact you to confirm your place.

 


Review of remote gambling regulation in Great Britain

Following a government review of remote gambling regulation in Great Britain, Gerry Sutcliffe, the Minister for Sport, has today announced proposals to introduce new licence requirements for gambling operators based overseas.

The Gambling Commission was closely involved in the review and welcomes the proposal to examine in detail how the current licensing system might be extended to cover those overseas organisations that target British consumers.

A consultation document on the feasibility of extending the licensing system will be published by the Department of Culture, Media and Sport (DCMS) shortly.


To see the statement in full go to the DCMS website.
 

Does YOUR Skill Game Cover Up It's True Identity?

Joint statement between HMRC and the Gambling Commission in relation to amusement machines which offer games designed to look like recognised games of chance.
This joint statement outlines HMRC’s policy and the Gambling Commission’s views in relation to amusement machines which offer games which are designed to look like recognised games of chance.


Background
HMRC and the Gambling Commission are aware that manufacturers have produced amusement machines marketed as skill with prize but which offer games which are designed to look like recognised games of chance (such as roulette, bingo or poker).

In our view, such games are being presented as involving an element of chance and are therefore games of chance by dint of section 6 (2)(a)(iii) of the Gambling Act 2005. Further the machines on which the games are played are gaming machines under s25 of the Betting and Gaming Duties Act 1981 and s235 of the Gambling Act 2005.


Guidance
Machines which offer such games that are presented as involving an element of chance are liable to Amusement Machine Licence Duty (AMLD) unless they fall within one of the exemptions for machines with small stakes and prizes.


Further, such games must only be sited where the correct permissions for a gaming machine are in force under the Gambling Act 2005. Anybody wishing to manufacture, supply or maintain such a machine must also obtain the applicable operating licence from the Gambling Commission.


A game of chance
The manner in which a game is presented includes not only the game title and/or the way in which it is described on the machine’s livery but also how the game itself is presented to the player. A business cannot therefore avoid AMLD or restrictions on where machines can be sited by just changing the game title or
the manner in which it’s described. They would also have to change the way the game is presented to the person playing the game on the machine such that it’s no longer presented as involving an element of chance.


Implications
Depending on stake and prize limits, these machines are therefore liable to Amusement Machine Licence Duty.


These machines will also be subject to the requirements for gaming machines under the Gambling Act 2005.


What you need to do
If you provide a machine on any premises offering games presented as games of chance such as bingo, roulette and poker you must hold a valid AMLD licence before you make the machine available for play unless the machine falls within one of the exemptions.


You should also ensure you satisfy the requirements of the Gambling Act 2005 in that the correct permissions are in force to be able to site the machine, the machine entitlement is not exceeded and the stake/prize made available complies with the applicable limits. Manufacturers, suppliers and any entity maintaining the machine should also ensure it complies with the applicable regulations and Commission technical standards for gaming machines.


If you are unsure whether your machine is liable to duty, you should consult HMRC on the Helpline on 0845 010 9000 with full details of the game before making the machine available for play.


If you are unsure as to whether you are permitted to have a gaming machine on your premises please contact the Gambling Commission on 0121 230 6666.


Further information
HMRC provides guidance in Notice 454 (October 2007) which can be viewed on www.hmrc.gov.uk under ‘Quick Links’ click on ‘library’ then on publications and then on ‘Notices, Information Sheets and other reference materials.
The Gambling Commission provides guidance at www.gamblingcommission.gov.uk.

++++++++++

Commission publishes updated advice on prize competitions and free draws

 

The Gambling Commission (the Commission) has published updated advice for organisers of prize competitions and free draws.

The revised advice benefits from the experience gained in the two years since the Gambling Act 2005 (the Act) came into effect in September 2007. It reflects changes to the Commission’s general understanding of how the Act applies.

Commenting on the proposals, the Commission’s Deputy Chief-Executive, Tom Kavanagh said: 

“Our role is to protect good causes by policing the boundary between prize competitions, free draws and licensed lotteries.
 
”We do not approve prize competitions or free draws but operators who seeking to stay within the law should read this publication and take independent legal advice before proceeding.”

A quick guide for prospective operators has also been published. Further information can be found at: www.gamblingcommission.gov.uk/lotteries.

 


 
     
     
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