Regulation round-up 5 November 2013
The biggest regulatory news from the egaming industry in the last seven days (30 October 2013 to 5 November 2013)
Rank to appeal after £31m tax ruling is overturned
UK gambling operator eyes Supreme Court judgement as 2011 decision on overpayment of VAT is reversed
Rank is set appeal to the Supreme Court after the Court of Appeal (CoA) overturned an earlier ruling which ordered the HM Revenue & Customs (HMRC) to pay the operator almost £31m in disputed VAT payments.
The case dates back to 2010 when Rank contested that HMRC wrongly applied different taxation rules to two similar gambling machines between 2002 and 2005. Following a 2011 ruling from the European Court of Justice (ECJ), HMRC was forced to reimburse Rank with £30.8m in overpaid taxes during the three-year period.
However, following an appeal by the HMRC, the CoA has now ruled that Rank must repay the monies in connection with the claim.
Tabcorp chairwoman Dwyer calls for national regulation
Tabcorp chairwoman Paula Dwyer has called for Australia to adopt a national approach to wagering regulation, rather than the current state-governed system.
Dwyer claimed switching to a more consistent and nationalised approach is in the interests of the domestic racing industry and would deliver a better outcome for the Australian government.
Betting in the country is currently regulated on a state-by-state basis with licensing agreements that see operators share a percentage of wagering proceeds. Tabcorp holds the lucrative NSW and Victorian licences, which amount to 42% of the entire Australian gaming industry.
Seven days in regulation:
Sheriff Gaming confident of licence reinstatment
Sheriff Gaming is confident of having its egaming licence reinstated following a closed hearing with the Alderney Gambling Control Commission (AGCC) last week.
Details of the hearing cannot be disclosed, however, it has been revealed that it was decided that the licence of Sheriff Gaming operator Bubble Group should not been revoked.
The AGCC announced on 30 October that Bubble Group’s licence was to remain suspended until further notice. In a statement on the operator’s website, Sheriff Gaming stated the licence remains temporarily suspended due to administrative reasons, and that the company is working hard to ensure the licence is reinstated as quickly as possible.
Opinion: Free bets wrongfully under fire
After the news that the Gambling Commission is to investigate ‘free bet’ advertising, David Archer, owner of Freebets.com, gives his thoughts
PokerStrategy close Finnish site due to legal concerns
PokerStrategy, the Playtech-owned poker affiliate network, has taken the decision to close its Finnish-speaking online poker site citing “legal reasons” over the marketing of online poker in Finland.
Players and staff were given just 48 hours’ notice of the closure which came into effect on 31 October, and a statement issued by the PokerStrategy team stated the measure was the only way to fulfil legal requirements relating to marketing.
“Interpretation of the ‘marketing’ is very strict: for example, a link to a site with any mention of the campaign is interpreted as marketing,” the statement read.
Slovenia to regulate online gambling next year
Slovenia plans to regulate online gambling as early as next year with the country’s government expected to pass new legislation imminently.
The New Gaming Act will legalise online gambling and invite operators to apply for licences as of January 2014, with unlicensed operators at risk of heavy fines should they continue to offer their services to Slovenian citizens.
The government will retain ownership of the country’s national lottery, with a single sportsbetting licence and 30 casino concessions available for new applicants. All licences issued will come with a limited duration. Specific details including taxation conditions remain unclear.
Albania prepares offshore operator ban
Albania is to block overseas operators from offering online gambling services to Albanian citizens in an attempt to claw back an estimated 700m spent on online gambling each year.
The country’s prime minister Edi Rama, elected last June, has announced that the nation’s government is to draft legislation that would block gambling on websites based outside of the country.
Domestic and international analysts estimate Albanians spend between 500m and 700m each year gambling through overseas operators.