UK Gambling Bill enters into law
Legislation which will move the UK to a point of consumption regime receives Royal Assent as countdown to implementation begins
The UK moved closer to adopting a point of consumption (PoC) framework for online gambling after the Gambling (Licensing and Advertising) Bill was finally passed into law yesterday.
The Bill, which received its first reading 12 months ago, was last night given Royal Assent and kick-starts the countdown to a regime which will see UK-facing operators regulated by the UK’s regulatory body.
The Gambling Commission previously stated the new framework would come into force “at least three months” after had Bill received Royal Assent, which now equates to a go-live date of mid-August at the earliest.
“This is a welcome step forward – bringing the 85% of the remote gambling market currently regulated overseas within the Commission’s remit will provide us with direct access to and oversight of all commercial gambling provided to those in Britain,” Philip Graf, chairman of the Gambling Commission said.
“This means that we will be far better placed to protect players and to respond to and advise the government on emerging player protection and consumer risks and issues,” he added.
The application process for new licences is due to open in two months’ time with operators and suppliers having to bear in mind a host of requirements as set out in the recently updated licensing conditions and codes of practice (LCCP) document.
The Gambling Commission yesterday released a condensed version of the LCCP which detailed one change to the licensing requirements of software suppliers.
Earlier guidance had stated that operators had to ensure its software suppliers were in receipt of a UK licence by 1 January 2015, however, this condition has now been delayed until 31 January 2015.
However, the Bill has been met with vehement objection in some quarters, particularly the Gibraltar Betting and Gambling Association (GBGA), which now looks likely to mount a legal challenge against the adoption of the Bill.
The GBGA has previously stated the Bill would infringe EU law with the government unable to establish genuine legal grounds for the change in the framework.
And according to Susan Biddle, leading gaming lawyer and consultant at Pinsent Masons, a judicial review could yet stall the Bill’s planned implementation, as was recently the case with planned alcohol legislation.
“If a challenge is brought, then this may disrupt the proposed timetable for implementation,” Biddle said.
“By analogy the Alcohol (Minimum Pricing) (Scotland) Act 2012 received Royal Assent on 29 June 2012 and was intended to come into force in April 2013, but has still not done so having been challenged both by the Scottish Whisky Association on the basis it is illegal under EU law and by five wine-producing EU nations on the basis that it breaches EU law on free trade,” she explained.
eGaming Review is to hold a breakfast briefing next week on what the switch to a PoC regime will mean for the UK market and Gibraltar based companies.