In recent years, we have received an ever-increasing number of enquiries concerning lotteries including, for example, whether a lottery can be operated for private or commercial gain and whether lottery tickets can be sold overseas (or whether overseas lottery tickets can be sold in the UK).
So too questions arise as to whether a raffle, tombola, sweepstake, free draw or prize competition constitutes a lottery and, if so, whether or not it is lawful. We are very experienced in advising in relation to all such questions and our reputation in this area of law is recognised by our retention as legal advisors to the Lotteries Council.
The regulation of lotteries falls within the remit of the Gambling Commission. Certain types of lottery require a licence from the Commission, as too do external lottery managers. In such circumstances, we are able to advise on all relevant licensing, regulatory and compliance requirements including:
- The circumstances in which a lottery operating licence is required;
- The circumstances in which a Personal Management Licence is required (unless the small-scale operator exemption applies);
- Compliance with the statutory requirements for society and local licensing authority lotteries;
- Whether fundraising, work-based and customer lotteries require licences;
- Whether lottery syndicates or syndicate organisers require licences;
- Whether lottery tickets can be sold by machine;
- How to lawfully restructure a lottery to ensure it is a prize competition, free from regulatory control;
- The regulatory and licensing requirements affecting external lottery managers and lottery software manufacturers and suppliers.
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 & 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;
- Advertising restrictions.
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