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UK Gambling Law Compliance And Enforcement

In line with many other industry and service sectors, the gambling industry has come under increasing regulatory control and has in fact been targeted by the European Union and UK government as one of the economic sectors providing the greatest opportunities for terrorists and criminals to launder and create new money for illegal operations. As such, the relatively new regulatory regime and legislative framework has been armed with formidable powers and has real teeth in the form of both civil and criminal penalties including imprisonment.

The primary enforcer in the UK is the Gambling Commission based in Birmingham and with a staff of over 200 plus 60 field officers providing compliance support and investigative capability. The primary tool for communicating the rules and regulations is the Gambling Commission's published License Conditions and Code of Practice which provides the minimum standards of conduct as well as the policies and procedural standards that must be imposed and adhered to.

Compliance is enforced by regular inspection and reporting returns and in line with many other UK and EU regulators, a risk based approach is taken to pinpoint those operational sections which require greater monitoring and also those transactions which are worthy of greater scrutiny. The emphasis is on staff training and management, meticulous record keeping and monitoring of licensed gambling operators.

The primary legislation for gambling operators is the Gambling Act 2005 and licensed gambling operators must, as conditions of holding a license, understand their duties and obligations and act within the following:

  • The Gambling Act 2005 (as well as other legislation including Terrorism Act 2000 and money laundering legislation);
  • Regulations made in accordance with the Gambling Act 2005 known as Statutory Instruments;
  • Specific conditions attaching to individual licenses; and
  • Technical standards applied to an operator's license.

It should be noted that the whole process is effectively self-regulating; a lynchpin of modern regulatory practice in the UK. Though there is a layer of legislative regulatory rules imposed upon the gambling industry, it has effectively been left to the gambling industry to implement the regulations itself - this may change depending on the success of self-regulation and political trends in future with many believing that self-regulation is only the thin end of the wedge and seeing heavier, centralised government regulation appearing in the future.

Non-compliance with the requirements of the legislation, regulations and Gambling Commission standards will lead to a range of sanctions being considered and imposed. This may take the form of closer compliance monitoring which may be time consuming and expensive for the operator and thereby encouraging them to comply rather than face the disruption and expense for their business. More serious action can be taken in the form of suspension or restriction of operating and individual licenses thereby denying the access of the miscreant to the market and more seriously there are civil sanctions in the form of fines and penalties leading to the ultimate criminal sanctions which may result in conviction with heavy fines and imprisonment.



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