UK Law and Practice Contributed by: Bahar Alaeddini, David Whyte and Jessica Wilson, Harris Hagan
• issuing personal licences; • specifying general licence conditions for each type of licence and any individual licence conditions that it considers appropriate; • issuing codes of practice concerning the way in which facilities for gambling are to be provided; • regulating licence holders; • investigating and prosecuting illegal gambling and other offences under the Gambling Act 2005; • issuing guidance to local authorities on their role; and • advising the Secretary of State on the incidence of gambling, how it is carried out, its effects and its regulation. The Advertising Standards Authority (ASA) regulates gambling advertising in the UK. For further details, see 11. Enforcement . 4.2 Regulatory Approach The Gambling Commission’s approach to regula- tion is risk-based, with the aim of continuing to raise standards. The Gambling Commission indicated in its three-year corporate strategy for 2024–27 that its five strategic focus areas are: • using data and analytics to make gambling regula- tion more effective; • enhancing its core operational functions; • setting clear, evidence-based requirements for licensees; • being proactive and addressing issues at the earli- est opportunity; and • regulating a successful National Lottery. 4.3 Types of Licences The types of licences are: • generally, for companies – operating licences and, if applicable, premises licences; and • for individuals – personal licences (see 4.10 Per- sonal Licensing ). Generally, the operating licence types are: • non-remote for land-based activities (these will require an accompanying premises licence, as detailed later in this section); or
• remote for online activities. The Gambling Act 2005 enables the Gambling Com- mission to authorise all regulated land-based and online activities outlined in 2.1 OnlineGambling and 2.2 Land-Based Gambling , including gambling soft- ware. Licences authorising multiple licensable activi- ties (for instance, bingo and casino) are classed as a “combined operating licence”. Subject to exceptions, licences are also amenable to “umbrella” arrange- ments for those acting in the course of another’s busi- ness. “Umbrella” arrangements are approved at the Gambling Commission’s discretion following a review of various factors, including: • consolidation of company accounts; • ownership structure; • responsibility for compliance; and Premises licences – issued by the relevant licensing authority (not the Gambling Commission) – are avail- able, authorising the following activities: • casinos; • bingo; • an adult gaming centre for making Category B gaming machines available for use; • a family entertainment centre, for Category C gam- ing machines; and • betting. See 5.1 Premises Licensing for requirements. 4.4 Availability of Licences Operating licences and personal licences are readily available, subject to the fulfilment of application crite- ria and the payment of the application fee. • governance arrangements. See also 6. Online Gambling . Premises Licences Land-based casino premises licences are subcatego- rised into “small”, “large”, “converted” and “extended converted”. Converted casino premises licences were awarded under the repealed Gaming Act 1968. They may be moved to alternative premises within the same licensing authority area, but there are no new licenc-
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