We have substantial experience in advising betting operators – both land-based and remote/online – on the intricacies of betting law and the licensing and associated regulatory requirements affecting the betting industry.
The Gambling Act 2005 came into force in September 2007 and, since that time, the regulation of betting has, for the first time, fallen within the remit of the Gambling Commission. This has served to place a considerably greater licensing, regulatory and compliance burden on the betting industry than existed previously.
We are able to advise the following types of operator on all such licensing, regulatory and compliance requirements:
- Operators of licensed betting shops, whether betting takes place on real or virtual events (including in relation to gaming machine entitlements);
- Betting operators on tracks (defined as meaning a horse race course, dog track or other premises on any part of which a race or other sporting event takes place or is intended to take place);
- Remote betting operators providing betting facilities through remote communication means including, via the internet, the telephone or hand-held mobile devices;
- Betting intermediaries (eg betting exchanges and tic-tacs);
- Pool betting operators (covering, for example, “fantasy football” type competitions as well as football and other sports betting);
- Spread betting operators, because, notwithstanding that spread betting is currently regulated by the Financial Services Authority, certain products offered by such operators (eg binary betting) fall to be regulated under the provisions of the Gambling Act 2005;
- Gambling software manufacturers and suppliers;
- Television companies wishing to provide betting facilities via interactive television.
- Our advice will cover such matters as:
- Applications to the Gambling Commission for Operating Licences and variations to and continuation (on a change of control occurring) of existing Operating Licences;
- Applications to the Gambling Commission for Personal Management Licences (in situations where a person has responsibility for:
- Overall strategy & delivery of gaming operations;
- Financial planning, control & budgeting;
- Marketing & commercial development;
- Regulatory compliance;
- Gaming related IT provision and security;
unless the small-scale operator exemption applies);
- Advice on notification and reporting requirements pursuant to the Gambling Act 2005 and the Gambling Commission’s “Licence Conditions and Code of Practice”;
- Defending applications for review of Operating or Personal Management Licences;
- Application to the local Licensing Authority for a Premises Licence and variations to and transfers of existing Premises Licences;
- Resisting application for review of a Premises Licence;
- Giving a Temporary Use Notice, enabling premises not licensed for gaming to be used temporarily for such a purpose;
- In relation to remote betting, advising which is the most appropriate international jurisdiction within which to make application for a licence and, if so required, how to avoid triggering the requirement to obtain an Operating Licence in the UK;
- Advertising restrictions.
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