2015 Annual Report

ANNUAL REPORT 2015 1 ANNUAL REPORT 2015 This report was prepared pursuant to Section 16 of the Gaming and Betting Act of 7 May 1999 on betting, gambling establishments and the protection of players, and covers the period from 1 January to 31 December 2015. 4 The Gaming Commission approved this report during the meeting held on 13 April 2016. The report can also be viewed on the www.gamingcommission.be website. SUMMARY 4 PROTECTING THE PLAYERS 40 4.1. List of excluded players 40 4.2. Assistance and prevention 41 5 INSPECTIONS AND SANCTIONS 44 5.1. Inspections 44 INTRODUCTION - A WORD FROM THE CHAIRMAN 08 5.2. Sanctions 48 1 INTRODUCTION TO THE GAMING COMMISSION 12 6 TECHNICAL EVALUATIONS - METROLOGY OFFICE 52 6.1. Approval of models 52 2 POLICY 14 6.2. Inspections 53 3 THE SITUATION IN THE WORLD OF BELGIAN GAMBLING 20 7 LEGISLATION AND CASE LAW 56 3.1. Offline gambling establishments 21 7.1. Regulatory developments 56 3.1.1. A licences: Casinos 21 7.2. Case law 58 3.1.2. B licences: Slot machine arcades 22 7.3. Parliamentary initiatives 61 3.1.3. C licences: Drinking establishments 25 3.1.4. D licences: Staff 25 8 SECRETARIAT AND RESOURCES 64 3.1.5. E licences: Manufacturers, installers 8.1. Staff 64 and maintenance companies 26 8.2. Budget 67 3.1.6. F licences: Betting 26 8.3. Computer science 68 3.1.7. G1 licences: Media games 29 8.4. Communications 71 3.2. Online gambling establishments 30 9 3.2.1. A+ licences: Online casinos 31 COLLABORATIONS AND PARTICIPATIONS 74 3.2.2. B+ licences: Online slot machine arcades 32 3.2.3. F1+ licences: Online betting 32 CONCLUSION 78 3.3. National Lottery 32 3.4. Financial aspects 33 CONTACT 80 6 SUMMARY SUMMARY 7 expanding its scope of application. machines that fall within the scope of Section 3.3 of the Act. • In 2001, Belgium took on the presidency of the Machines that fall under 3.3. were included as illegal gaming INTRODUCTION - European Union and failed to put gambling on the machines in the repertory of the tax administration (see agenda. At the time, the battle against terrorism Section II – Policy – Point 5). Checks will be carried out in 2016 (11 September 2001) dominated that agenda. to stop infringements of this. A WORD FROM • In 2005, McCreevy, commissioner for the Internal In order to cope with the many new kinds of gambling, and Market, wanted to see a liberalization of online the accompanying uncertainties about which regulations THE CHAIRMAN gambling and for betting in particular. apply, the Gaming Commission set up the Sub-Commission • In 2010, Belgium was president of the European for Gaming (see Section II – Policy – Point 6). Union and, after heated debates, resolutions were The crowning of the good collaboration with the Walloon adopted unanimously. Region took the form of a renewed tax protocol containing • In 2015, the European Commission proposed an guidelines for an efficient information flow (see Section II – unlimited administrative collaboration between Policy – Point 7). countries. It also expressed its wish to start a dialogue Finally, and unfortunately, the problem of match fixing was with the online gambling sector so that in due course still relevant in 2015 (see Section II – Policy – Point 8). technical standards could be introduced that would be consistent from country to country. It is the government’s duty to channel the increased demand for games of chance so that addiction, and the attendant Separate from European policy, but in the same spirit, the debt burden and crime, can be curbed. A good gambling notion of free competition for gambling gained ground policy also provides preventative information and the when the Council of State lifted a royal decree that entrusted possibility of denying access to games of chance. This gives the organizing of betting to the National Lottery on the basis gaming operators a special role in society. of its own Act. Government agencies4 ought to ensure that public interest prevails, while at the same time they must evolve to The activities that took place in 2015 become clear against become economically relevant organizations. The Gaming The Gaming Commission celebrated its 15th anniversary in set the average hourly loss of gaming machines this background. On the occasion of the fifteenth anniversary Commission will continue to keep an eye on these 2015. So it is time to take stock and reflect briefly on what and introduced a gaming fund to the budget of the of the Gaming Commission, the Minister of Justice set developments, but is at all times prepared to impose the the future1 may hold for gaming policy and the protection Federal Public Service for Justice. his priorities for the policy on games of chance and the same coherent framework on all games of chance, and thus of players. For this, we will look back briefly and consider • The Act of 4 August 2003 imposes an annual protection of players (see Section II – Policy – Point 1). Two meet the requirements of the European Court of Justice. the state of affairs of two aspects. The first aspect concerns contribution to the Fund to Tackle Over-Indebtedness. topics were deliberated: the rationalization and restriction The policy on games of chance remains the exclusive developments in legislation. After that, we will examine how • Finally, the Act of 10 January 2010 extended the of the games of chance sector. A day was organized in the jurisdiction of the members of the European Union. these developments relate to European law. authority of the Gaming Commission to include Academy Palace to discuss these subjects (see Section II – Each member may impose restrictions on the free movement betting, media games and the range of games of Policy – Point 2). of services within the framework of fraud prevention, the First, we will look at the various successive phases in chance offered by online casinos, slot machine It also became even more obvious in 2015 that a better protection of players and combatting money laundering. legislation: arcades and betting. The implementation decrees on framework for the advertising of gambling was required. • The Gaming Commission was created in the wake real-world betting were published during the period This was achieved through a covenant drawn up together The permanent priorities of the Gaming Commission are of the Gaming and Betting Act of 7 May 19992, when the caretaker government was in charge. Since with the Jury for Ethical Practices in Advertising (see Section of an ethical and public nature.5 However, the current legislation that regulates games of chance in casinos, then, countless other decrees (for instance, on online II – Policy – Point 3). A study day to discuss an advertising budget proposals threaten these priorities. What prevails is slot machine arcades and drinking establishments, gambling) have been suspended. framework was organized for 25 November 2015, but it the application of the Gambling and Betting Act,6 and only the licensing of staff in these establishments, and had to be postponed because the terror threat level was budgetary considerations are subject to it. If one was to licences for manufacturers and installers of gambling The European Union has focused its attention on online ratcheted up to 4. allow the budget to prevail, and by doing so work against equipment. This Act is a special criminal statute for gambling, which is the second aspect we examine here: In recent years, protecting minors has become a permanent what is in the public interest, this would be contrary to the public order, and infringements may be punished by • It became clear in 2000 that online gambling had concern for the Gaming Commission. For this reason, the express wishes of Parliament for a commendable gaming imprisonment and/or fines. become a major challenge as a result of technological Gaming Commission made it a priority to fit bingo machines policy. Parliament could reinforce the specific nature and • The Act of 19 April 20023 determines the conditions developments. At that stage, the problem was still in in drinking establishments with an ID card reader so that independence of the Gaming Commission by providing for collaboration between the National Lottery and its infancy, and the correct structural measures stood age of players could be checked. This was intended to stop it with additional structural resources, both in terms of the Gaming Commission. a good chance of ring-fencing the phenomenon. But young people from playing bingo and trivializing it as a game staff and investments in technical and computer science. • The Act of 3 April 2003 allows casinos to offer their the minister opted to implement the Act that had (see Section II – Policy – Point 4). If budgetary measures are given priority, then the Court of clients gifts; it also introduced credit cards in casinos, only just been announced, rather than immediately There was also a need for a correct description of the slot Justice may rule that budgetary restrictions have an impact 8 INTRODUCTION - A WORD FROM THE CHAIRMAN INTRODUCTION - A WORD FROM THE CHAIRMAN 9 1 VAN DRIESCHE (W.) BELL (G.) There is not just one future; there are several. Modern Times, L’ECHO, 21 November 2015, p. 54. 4 Quelle logique d’intérêt général pour les entreprises publiques ? Opinions L’ECHO 6 november 2015. p. 10. 2 Belgian Official Journal 30 December 1999 5 GRATIA PUNGU “Fonction publique: se moderniser sans se perdre” Revue politique nr. 78, januari-februari 2013 http://politique.eu.org en Libre Belgique, 26 januari 2013 3 Belgian Official Journal 4 May 2002 p. 60 Gouvernance publique, fausse bonne idée 6 EU openbare orde Tim Corthaut KUL 03.04.2009 http:/www.kuleuven.be/doctoraatsverdediging/fiches/3h0306 on free movement of services for gambling and that, as a the gambling market to be exposed to globalization whereas, consequence, the Belgian policy on games of chance is in due to the special nature of gambling, national operators conflict with the European treaties.

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