Age-related Test Purchasing results
Request
- ‘Aggregate age-related Test Purchasing results supplied to the Gambling Commission by relevant commercial companies (including age test purchasing results conducted by independent bodies on behalf of commercial gambling companies) for the following sectors: Licensed Betting Offices; Adult Gaming Centres; Licensed Bingo venues; licensed Casino venues. I would like aggregate data for 2019,2022, 2023 and 2024.
The data I request for each sector is a) how many individual age-related test-purchasing exercises were reported for that sector within the stated time period and b) what the aggregate success rate was for each sector in each time period (that is, out of these visits, how many resulted in a successful age-related challenge because it as suspected someone was under 18). I understand the 'success' rate tends to vary between 75-85%.
- Related to request 1, I also request the test purchasing data submitted by the Merkhur group for any of their Adult Gaming Centres, including those under the Cashino brand name for the same time periods. I understand Merkhur operate around 250 AGC under the Merkhur Casino brand and around 148 AGCs under the Cashino brand. I anticipate that they submit regular test purchasing result to the GC. All that is required is a summary for each year on how many test-purchase results were submitted by Merkhur group (covering all brand names within their group) and what their success rate was across all results for that time period. To be clear, I am not asking for individual test-purchasing results, just aggregate statistics across sectors and for one specific operator.’
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
In your email you have requested:
- ‘Aggregate age-related Test Purchasing results supplied to the Gambling Commission by relevant commercial companies (including age test purchasing results conducted by independent bodies on behalf of commercial gambling companies) for the following sectors: Licensed Betting Offices; Adult Gaming Centres; Licensed Bingo venues; licensed Casino venues. I would like aggregate data for 2019,2022, 2023 and 2024.
The data I request for each sector is a) how many individual age-related test-purchasing exercises were reported for that sector within the stated time period and b) what the aggregate success rate was for each sector in each time period (that is, out of these visits, how many resulted in a successful age-related challenge because it as suspected someone was under 18). I understand the 'success' rate tends to vary between 75-85%.
- Related to request 1, I also request the test purchasing data submitted by the Merkhur group for any of their Adult Gaming Centres, including those under the Cashino brand name for the same time periods. I understand Merkhur operate around 250 AGC under the Merkhur Casino brand and around 148 AGCs under the Cashino brand. I anticipate that they submit regular test purchasing result to the GC. All that is required is a summary for each year on how many test-purchase results were submitted by Merkhur group (covering all brand names within their group) and what their success rate was across all results for that time period. To be clear, I am not asking for individual test-purchasing results, just aggregate statistics across sectors and for one specific operator.’
In relation to part one of your request, the Gambling Commission can confirm that all licensees are required to have and put into effect policies and procedures designed to prevent underage gambling, and to monitor the effectiveness of those policies and procedures. One way of testing the effectiveness is by undertaking test purchase exercises using third parties to see if controls are working as intended.
Section 21 of the FOIA provides that information is exempt where it is reasonably accessible elsewhere. In order to be of assistance, please see the following: Underage gambling participation and the effectiveness of land-based licensee age-verification controls. Please note, the information for 2019 is not held.
In relation to part two of your request, licensees required to conduct age verification test purchasing must send us annual returns listing the aggregated results of age verification test purchasing they, or organisations contracted by them, have conducted each quarter.
Operators who hold multiple operating licences in different gambling sectors (such as, Adult Gaming Centres, betting, bingo, casino and/or Family Entertainment Centres) must send us separate results spreadsheets for each operating licence they hold.
The LCCP provides guidance to holders of gambling operating licences (non-remote) on how to tell us about age verification test purchase results.
LCCP Information requirements - Other information requirements (test purchase results)
We only require licensees to send us basic results data (the volume of tests, by result type). But we expect them to record other information, such as the addresses of premises, the relevant local authority area, appropriate time of day a test took place (morning, afternoon, evening) and, where failures occurred, the results of retests. This additional information should be held by the licensee and made available for inspection should we, or a local authority, request it.
Licensees are responsible for submitting their own test purchase results to us directly (that is, not via trade bodies or third-party age verification test purchasing suppliers). We will not accept submissions by third-party age verification test purchasing suppliers for any licensees.
We use age verification test purchase data to assure ourselves that age verification test purchasing is being carried out by licensees and to assess the effectiveness of age verification policies and procedures on a licensee, sector, and industry-wide basis.
There has been a long period of engagement with gambling operators to establish the process and create the right conditions for them to provide detailed information to us for us to develop more informed policy and to increase our understanding of the market.
The Commission does not disclose information relating to its correspondence with operators as the Commission relies on their submissions at the application, assessment and review stages of our licensing processes (including the completion of annual returns). We encourage operators to make frank submissions to us to allow us to take appropriate steps in a timely manner, reviewing licence holders thoroughly and fairly. This material is treated as being provided in confidence.
We do recognise that there is value in providing a level of commentary in this area using the information we are collecting. As such, information relating to underage gambling participation and the effectiveness of land-based licensee age-verification controls (as referenced in response to part one of your request) is published on the Commission website.
However, in relation to your specific request for aggregate statistics for Merkhur group brands, section 31 of the FOIA (Law Enforcement) exemption applies and therefore we are unable to disclose any specific information falling within the scope of your request.
Section 31
Section 31(1)(g) exempts information whose disclosure would, or would be likely to, prejudice the exercise by any public authority of its functions for any of the purposes specified in subsection (2). The Commission considers the subsections below apply and therefore the information is exempt from disclosure:
i. Subsection 31(2)(d) refers to the purpose of ascertaining a person’s fitness or competence in relation to the management of bodies corporate or in relation to any profession or other activity which he is, or seeks to become, authorised to carry on.
It is our view that the regulatory functions of the Commission, would be prejudiced by disclosure of this information as it would:
i. prejudice the Commission’s ability to fulfil its statutory functions by revealing how the Commission assesses operators’ and individuals as well as applications for regulatory purposes, and
ii. prejudice the Commission’s compliance and enforcement activity to raise overall standards in the gambling industry as it would undermine the trust the Commission has gained with operators in terms of disclosing information where it is necessary and proportionate and to cooperate in an open manner.
Arguments in favour of disclosure:
- The Commission is a public body which is required to regulate the gambling industry in the public interest. There is therefore a public interest in members of the public having confidence the Commission is being open and honest with the information it holds so that it can be held to account.
- It is important that the public are assured that the Commission is carrying out its functions in ensuring that any individuals or organisations who are involved in providing gambling facilities to the public have undergone the necessary assessments and will uphold the licencing objectives ensuring that consumers are protected.
- Disclosure of the requested information could demonstrate to stakeholders and relevant parties how the Commission is assessing licensees and, furthermore, this disclosure may encourage stakeholders to work with us and contribute to our programme of work, increasing confidence in the Commission as a regulator and its ability to uphold the law.
Arguments in favour of maintaining the exemption:
- The Commission has robust and effective processes and procedures in place which are utilised when assessing licensees. These procedures and processes have been put in place to minimise the risk of an operator continuing to provide gambling services where they do not meet the required standards. This demonstrates to the public at large that they can have confidence in the Commission’s compliance assessment processes.
- There is an expectation of confidence in much of the Commission’s work, particularly when discussing areas of a licensee’s compliance. It is the impact on this work of the Commission which is more likely to be affected by disclosure.
- Disclosure of this information would also undermine the Commission's ability to uphold the licensing objectives which would impact on the trust and confidence of the public in it as a regulator.
- The Commission requires license applicants to make full and candid submissions both at application stage and throughout the life of the license. There are statutory mechanisms in place to compel the provision of information, but this is not the most effective way to obtain information. The Commission relies on the voluntary provision of information to perform its functions and open and frank exchanges are integral to the decision-making process.
- Disclosing information without sufficient rationale would also undermine this trust and make operators less likely to cooperate with requests in future. This would potentially result in the Commission having to use its more formal statutory powers in the future, leading to more guarded disclosures which would not be in the public interest.
- Releasing this information would undermine our relationship with operators as the information that they provide to us as part of the annual return process is done so on the understanding that this will not be released into the public domain. If this information was disclosed, it would damage the relationship that we have formed with operators which would result in them being less likely to share information with us in the future which would undermine our regulatory functions and, as a consequence, have a detrimental impact on the wider public.
Weighing the balance
The Commission acknowledges that there is a public interest in promoting the accountability and transparency of public authorities and the importance of having sufficient information in the public domain to support consumers with their choice of operator, however, disclosure of the information would be damaging to the Commission as a regulatory body which ultimately serves to protect the wider public interest.
It is important that the public are assured that the Commission is carrying out its functions in ensuring that any individuals/organisations who are involved in providing gambling facilities to the public have undergone the necessary assessments and will uphold the licencing objectives ensuring that consumers are protected.
However, there is a strong public interest in preserving the processes that the Commission has in place to assess operators’ compliance with the LCCP and identify any operators who will be unable to comply with the licensing requirements. The public trust that the Commission has robust processes in place to assess operators so that when they use the services provided by an operator, they are confident that there has been sufficient scrutiny of that operator to ensure that they are protected. If this information were released it would undermine that confidence.
We consider that the public interest is better served by withholding this information, ensuring that consumers are protected through our processes rather than releasing information about our processes which in our view will not benefit the public as a whole.
Review of the decision
If you are unhappy with the service you have received in relation to your Freedom of Information request you are entitled to an internal review of our decision. You should write to FOI Team, Gambling Commission, 4th floor, Victoria Square House, Victoria Square, Birmingham, B2 4BP or by reply to this email.
Please note, internal review requests should be made within 40 working days of the initial response. Requests made outside this timeframe will not be processed.
If you are not content with the outcome of our review, you may then apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have already exhausted the review procedure provided by the Gambling Commission.
It should be noted that if you wish to raise a complaint with the ICO about the Commission’s handling of your request for information, then you are required to do so within six weeks of receiving your final response or last substantive contact with us.
The ICO can be contacted at: The Information Commissioner’s Office (opens in a new tab), Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Information Management Team
Gambling Commission