UK Law and Practice Contributed by: Bahar Alaeddini, David Whyte and Jessica Wilson, Harris Hagan
• society lotteries (small and large); • local authority lotteries; • incidental lotteries; • private lotteries; • customer lotteries; and • the National Lottery (subject to separate legisla- tion). The Gambling Act 2005 also addresses the following cross-category activities in the event that products satisfy more than one of the above-mentioned defini- tions of gambling: • betting and gaming; • lotteries and gaming; and • lotteries and betting. 3.3 Definition of Land-Based Gambling Land-based gambling is not specifically defined under the Gambling Act 2005. 3.4 Definition of Online Gambling Online gambling is referred to as “remote gambling” and means “gambling in which persons participate by the use of remote communication”. Remote com- munication includes: • the internet; • telephone; • television; • radio; or • any other kind of electronic or other technology for facilitating communication. 3.5 Key Offences Part 3 of the Gambling Act 2005 covers all offences; however, one of the key offences is providing facilities for gambling (Section 33 of the Gambling Act 2005, Section 33): (a) without authorisation from the Gambling Com- mission, whether through a licence or acting in the course of another’s business who holds a licence; or (b) in a manner not in accordance with the terms and conditions of any licence held either by the licence holder or in the course of another’s business who holds such licence.
“Providing facilities for gambling” occurs where a per- son either: • invites others to gamble in accordance with arrangements made by them; • provides, operates or administers arrangements for gambling by others; or • participates in the operation or administration of gambling by others. Other key offences of note include: • inviting, causing or permitting a child (under the age of 16) or young person (not a child, but under the age of 18) to gamble (Section 46 of the Gam- bling Act 2005); • manufacturing, supplying, installing or adapting gambling software, in the course of business, with- out an operating licence while physically located in the UK (Section 41 of the Gambling Act 2005); and • cheating at gambling or doing anything to enable or assist another person to cheat at gambling (Sec- tion 42 of the Gambling Act 2005). As part of its focus on tackling unlicensed gambling, the Gambling Commission will be given new powers to disrupt illegal gambling. For further details, please see 9.5 Sanctions/Penalties for advertising sanctions and penalties and the UK Trends and Developments chapter. 3.6 Penalties for Unlawful Gambling The penalties for the key offences listed in 3.5 Key Offences and 9.5 Sanctions/Penalties are a maxi- mum of 51 weeks’ imprisonment and/or an unlimited fine.
4. Licensing and Regulatory Framework 4.1 Regulatory Authority
The Gambling Commission and various licensing authorities enforce the Gambling Act 2005. Under Part 2 of the Gambling Act 2005, the Gambling Commis- sion’s primary functions include: • issuing operating licences;
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