Alternative Betting Formats
Request
- Are you aware of any complaints or investigations related to bookmakers using bingo and virtual sports to bypass the £2 spin limit implemented in 2019?
- What measures has the Gambling Commission taken to monitor and regulate the use of alternative betting formats like virtual sports and bingo?
- Do you consider the use of these formats as an exploitation of regulatory loopholes, and is there any ongoing discussion about banning or restricting them?
- Has there been an increase in betting activity in these formats since the £2 limit was enforced?
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
In your email you have requested:
- Are you aware of any complaints or investigations related to bookmakers using bingo and virtual sports to bypass the £2 spin limit implemented in 2019?
- What measures has the Gambling Commission taken to monitor and regulate the use of alternative betting formats like virtual sports and bingo?
- Do you consider the use of these formats as an exploitation of regulatory loopholes, and is there any ongoing discussion about banning or restricting them?
- Has there been an increase in betting activity in these formats since the £2 limit was enforced?
Firstly, the FOIA gives individuals the right to request only recorded information held by public authorities, such as the Gambling Commission. It does not provide an avenue for individuals to gain views or opinions of public authorities or information not held at the time the request is made.
Where you have not made a request for specific recorded information, we are unable to provide any information in line with the FOIA.
However, it is worth noting that as with any other form of gambling, providing a facility for betting on virtual events by means of remote communication, requires an appropriate licence issued by the Commission.
Regardless of where operators are based in the world, they need a licence from the Commission if:
- they are providing facilities for gambling to consumers in Great Britain online (or through any other means of remote communication)
- any part of their remote gambling equipment is based in Great Britain.
There is a remote operating licence for each type of gambling activity they might want to provide.
More information is available on the Commission website:
Remote betting host virtual events licence
We set requirements for all our licensees, including remote. These are the Licence Conditions and Codes of Practice (LCCP). We carry out assessments to make sure that licensees are following our requirements.
We use our regulatory powers to take enforcement action if we find individuals or businesses failing to follow our rules and regulations. You can read the latest enforcement action we've taken.
Secondly, the Gambling Commission are an industry regulator and not an ombudsman. Our role is to consider if a gambling business has breached their licence conditions and we will take regulatory action where appropriate. We do not become involved in or “act upon” individual complaints. This means we do not have the powers to resolve individual gambling complaints or help consumers get their money back. However, all information received helps to build a picture of the gambling industry and support our regulatory functions.
We use evidence from a range of places, including from gambling customers, to build cases against gambling businesses. Information provided to us helps inform our work to raise gambling industry standards and make gambling fairer and safer. Information drawn from complaints raised against operators may be used by the Commission to inform our regulatory approach and determine whether any action may be necessary.
As such, when we receive any information, we create a record within our records management system, which may be categorised as a consumer complaint. We record more specific details of the complaint in a ‘free text’ field. There is no general categorisation which would encompass the type of complaint you have described in part one of your request. This information is not easily searchable and would require a manual review of each record to identify the information requested.
Section 12 of the Freedom of Information Act 2000 (FOIA) makes provision for public authorities to refuse requests for information where the cost of dealing with them would exceed the appropriate limit, which for public authorities, such as the Commission, is set at £450. This represents the estimated cost of one person spending 18 hours in determining whether the department holds the information, locating, retrieving and extracting the information.
We estimate, in order to identify, locate and retrieve the information relating to the above request, it would take in excess of 18 hours to determine appropriate material and locate, retrieve and extract any relevant information in reference to your request.
When a public authority applies the Section 12 exemption to a request, the FOIA guidance specifically states that a public authority should avoid providing any information found as a result of a search as it denies the requestor the right to express a preference as to which parts of the request they may wish to receive within the appropriate time limit. Guidance on the application of section 12 can be viewed here:
If you are able to refine your request, we may be able to narrow the number of records that we need to search.
Until we are able to process the search of the information you have requested, we are unable to ascertain if other exemptions will apply to any material identified which would also prevent disclosure.
Please note, any refined request would be processed as a new request and the 20-working day statutory time limit would apply.
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