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The Post-Legislative Assessment of the Gambling Act 2005

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The Post-Legislative Assessment of the Gambling Act 2005 Department for Culture, Media and Sport Memorandum to the Culture, Media and Sport Select Committee on the Post-Legislative Assessment of the Gambling Act 2005 CM 8188 £6.00 Department for Culture, Media and Sport Memorandum to the Culture, Media and Sport Select Committee on the Post-Legislative Assessment of the Gambling Act 2005 Presented to Parliament by the Secretary of State for Culture, Olympics, Media and Sport by Command of Her Majesty October 2011 CM 8188 £6.00 © Crown Copyright 2011 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or e-mail: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Any enquiries regarding this document should be sent to us at [email protected] This publication is available for download at www.official-documents.gov.uk This document is also available from our website at www.culture.gov.uk ISBN: 9780101818827 ID: 2455641 10/11 15350 19585 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office Printed on paper containing 75% recycled fibre content minimum. Department for Culture, Media and Sport 3 Select Committee Post-Legislative Assessment of the Gambling Act 2005 Introduction 1. This memorandum provides a preliminary assessment of the Gambling Act 2005 (the 2005 Act) and has been prepared by the Department for Culture, Media and Sport for submission to the Culture, Media and Sport Select Committee. It will be published as part of the process set out in the document Post-Legislative Scrutiny – The Government’s Approach (Cm 7320). Objectives of the Gambling Act 2005 (“the 2005 Act”) 2. The main purpose of the 2005 Act was to ensure that gambling is properly regulated through the following licensing objectives: • preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime, • ensuring that gambling is conducted in a fair and open way, and • protecting children and other vulnerable persons from being harmed or exploited by gambling. 3. These objectives are central to the new regulatory regime created by the 2005 Act. 4. The 2005 Act also introduced: • a unified regulator for commercial gambling1 in Great Britain – the Gambling Commission • a new licensing regime for commercial gambling • a new regulatory regime for casinos and for gaming machines; and • a revised regime for the law on lotteries 5. It also provided protection for children and adults from the effects of harmful gambling through the creation of a number of specific offences. Implementation and subsequent amendment 6. The Gambling Act 2005 received Royal Assent on 7th April 2005. While some of the provisions of the 2005 Act came into force during 2005 and 2006, the majority of the legislation came into effect on 1st September 2007. 1 With the exception of spread betting (which is regulated by the FSA), and the National Lottery (which is regulated by the National Lottery Commission). 4 Department for Culture, Media and Sport Select Committee 7. It generally extends to England and Wales, and to Scotland with the exceptions of sections 148 (legal assistance scheme), 221 (fees) and 346 (prosecution by licensing authority). 8. Sections 443 (chain gift schemes), 331 (foreign gambling) and 340 (foreign betting) also apply to Northern Ireland. 9. There have been a number of Commencement Orders, other Orders (some of which have amended the 2005 Act) and Regulations made under the Act. These are listed at ANNEX A. Provisions not brought into force Regional casinos: 10. Following advice from the Casino Advisory Panel2 an Order put before Parliament in March 2007 identified the local authorities who would be authorised to licence the 17 new casinos permitted by the Gambling Act (one regional casino licence; eight large casino licences and eight small casino licences). The Order was approved in the House of Commons but was narrowly rejected in the Lords. There was a clear consensus that the 16 large and small casinos should proceed in the areas recommended by the Panel but the 17th licence for a regional casino caused considerable concern in both Houses. 11. A new Order allowing sixteen local authorities to license a small or large casino was laid before Parliament in February 2008 (and came into force on 19 May 2008). At the same time the Government confirmed it would not allow a regional casino licence on the basis of the concerns expressed by Parliament in March 2007 about the potential negative impact of such a casino and other evidence presented at the time that raised concerns about the uncertain level of risk involved. 12. In its recent evidence to the Culture, Media and Sport committee’s inquiry into the Gambling Act 2005, the Government has said that, given the incomplete process for awarding the eight large and eight small casinos, it is currently not appropriate to reconsider the establishment of a regional casino3. Voluntary Levy for Research, Education and Treatment (RET): 13. To oversee and organise the programme of research, education and treatment, the Budd Report4 recommended the establishment of a Gambling Trust, to be funded voluntarily by the industry, but failing that should be funded by a statutory levy. In response to the Budd Report recommendations, section 123 of the 2005 Act included a provision for the Secretary of State to introduce a statutory levy to 2 The Casino Advisory Panel was established to recommend the locations of the new casinos permitted under the Gambling Act. The final report of the panel, published on 30 January 2007, is available on the Casino Advisory Panel website and can be viewed at: http://webarchive.nationalarchives.gov.uk/+/http://www.culture.gov.uk/cap/ 3 http://www.publications.parliament.uk/pa/cm201012/cmselect/cmcumeds/writev/gambling/m79.htm 4The correct title of the Budd Report is the “Gambling Review Report”, prepared by the Gambling Review Body and published in 2001. Department for Culture, Media and Sport 5 Select Committee raise funds for the delivery of projects relating to addiction to gambling; other forms of harm or exploitation associated with gambling; or any of the licensing objectives. 14. Introduction of a levy would require regulations to be passed by Parliament, and would require approval by the Treasury. Following the Gambling Commission’s RET Review in 2008, the Government decided that the voluntary levy should continue, and section 123 would not be enacted unless the voluntary approach failed to generate sufficient funding to sustain a programme of research, education and treatment. Legal Issues Airside bars: 15. As a result of section 278 of the Gambling Act 2005, the provisions in section 2825 about automatic gaming machine entitlements and section 2836 about licensed premises gaming machine permits only apply to premises that hold an alcohol licence under Part 3 of the Licensing Act 2003 (the 2003 Act) or the Scottish equivalent. Section 173 of the 2003 Act and section 124 of the Licensing (Scotland) Act 2005 prevent activities which would normally require a licence (i.e. the sale and supply of alcohol) from being licensable if they are carried on at specified premises. The list of specified premises effectively includes airside bars. 16. This means that airside bars, because they are not licensable, are not able to benefit from the gaming machine entitlements available to licensed premises. The Department is considering a Legislative Reform Order (LRO) under the Legislative and Regulatory Reform Act 2006 to rectify this anomaly. On-course bookmaking 17. When it came into force on 1 September 2007, the 2005 Act repealed certain provisions in the Betting, Gaming and Lotteries Act 1963 and replaced the previous regulatory requirement for racecourses to hold a certificate of approval with the requirement to obtain a betting premises licence. In doing so, it ended the previous system of bookmakers’ lists (containing each bookmaker’s pitch position), with which a racecourse was obliged to comply as part of their certificate, together with the rule ensuring that no on-course bookmaker was charged more than five times the amount for entry as an ordinary race-goer. 18. Subsequent Regulations preserved ‘list positions’ and the ‘five times rule’ for five years (until 31 August 2012) by maintaining the requirements for racecourses to provide the same areas for on-course bookmakers as provided prior to 1 September 2007, and for the charge applicable by racecourses to on-course bookmakers to be at five times the public admission price. 5 Section 282 permits licensed premises to make available for use up to two Category C or D gaming machines without the need for a Gambling Act licence. 6 Section 283 permits licensed premises to apply for a permit to make available for use more than two Category C or D gaming machines. 6 Department for Culture, Media and Sport Select Committee 19. From 1 September 2012, it will be a mandatory condition of racecourse premises licences that racecourses will still have to provide an area for on-course bookmakers, but the five times rule will no longer apply, meaning that bookmakers and racecourses will enter into a commercial arrangements. Similarly, on-course bookmakers raised concerns that racecourses would no longer recognise the existing arrangements whereby bookmakers’ allocation of a pitch in a betting area is determined by their position on a pitch list.7 20. To aid the agreement of commercial arrangements between racecourses and bookmakers, the Government convened a working party in 2008 under independent chairmanship, with representation from the Federation of Racecourse Bookmakers (FRB) and the Racecourse Association (RCA).
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