UK Law and Practice Contributed by: Bahar Alaeddini, David Whyte and Jessica Wilson, Harris Hagan
• to establish whether its conditions are being com- plied with; • where it fears a licensee has been convicted of a relevant criminal offence; • where it considers a licensee to be unsuitable to continue holding a licence; and • generally, where a review is deemed appropriate. The Gambling Commission’s regulatory powers include: • giving advice as to conduct; • issuing a warning to a licence holder; • attaching an additional condition to a licence; • removing or amending a condition to a licence; • suspending a licence; • revoking a licence; and • imposing a financial penalty following breach of a licence condition. The Gambling Commission also has the power to commence a criminal prosecution. Where serious failings are revealed by a compliance assessment, the Gambling Commission may place a licensee in “special measures”, which requires the licensee to prepare, submit and agree to an action plan to remedy the identified failings. The Gambling Commission’s approach to enforce- ment is currently set out in three key documents: • the Statement of Principles for Licensing and Regulation; • the Licensing, Compliance and Enforcement Policy Statement; and • the Statement of Principles for Determining Finan- cial Penalties. 11.2 Sanctions Contravention of the Gambling Act 2005, including the LCCP (issued under the Gambling Act 2005), results in criminal liability. In August 2017, the Gambling Com- mission set out its “new vision” for its enforcement, emphasising its focus on putting consumers first. The key changes proposed included: • putting all regulatory tools, including licence review (both of the operator and personal management
licences), on an equal footing by removing the then-current bias in favour of settlement; • introducing higher penalties for breach, particularly where systemic and repeated failings were seen; and • using time-limited discounts to create better incen- tives for early settlement. In recent years, the Gambling Commission has gar- nered a reputation for taking enforcement against its licensees. In certain cases, a “regulatory settlement” is reached, meaning that it is not a sanction and stops short of a formal licence review. This is subject to the Gambling Commission’s discretion and will only be considered if various factors are met, including: • the licensee being open and transparent in its deal- ings with the Gambling Commission; • the licensee being able to demonstrate insight into apparent failings; • a timely disclosure of material facts; • preparedness to agree to the publication of a public statement setting out the failings in order to deter future non-compliance by others and/or to share learning; • preparedness to make a divestment of any amount accrued as a result of the failing; • preparedness to follow advice and implement pro- cedures to ensure there is no repetition of failings; • preparedness to contribute to the direct costs to the Gambling Commission of investigating the matter in respect of which regulatory settlement is sought; and • preparedness to volunteer a payment in lieu of the financial penalty the Gambling Commission might otherwise impose for breach of a licence condition. The regulatory settlements and licence reviews are detailed in numerous public decisions or public state- ments issued on the Gambling Commission’s web- site and usually include a financial penalty. The record penalty package remains GBP19.2 million issued to William Hill Group in March 2023. Recent financial penalties imposed by the Gambling Commission include a GBP10 million fine against Platinum Gaming Limited in October 2025, a GBP1 million fine against ProgressPlay Limited in August 2025, and a GBP2 million fine against Spreadex Limited in May 2025.
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