BetIndex Internal guidance or definitions
With regard to the information released in this case (Case Reference: IC-103690-T0B0), I would like to request copies of any internal guidance or definitions you hold regarding "outcomes" in the tables - 'good' / 'adequate' etc.
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
Following on from the provision of the due diligence that was carried out on Bet Index prior to granting the licence in 2015; you have requested copies of any internal guidance or definitions you hold regarding "outcomes" in the tables - 'good' / 'adequate'.
As you will be aware, the Commission is a regulatory body with licensing, compliance and enforcement functions. The Licensing, compliance and enforcement policy statement sets out the principles which govern the exercise of our functions and explains how those principles will assist in the pursuit of the licensing functions.
In its assessment of applications, the Commission follows the risk approach and the risk ratings set out in the Statement of Principles.
Further to this, please see here the 2018 Risk Assessment for the prevention of money laundering and terrorist financing methodology (pages 61-68). This document highlights the core risks associated with each of the sectors within licensed land-based and remote activity in Great Britain’s gambling industry.
I can confirm that the Commission does hold further information falling within the scope of your request. The Gambling Commission uses internal guidance notes to aid staff in the assessment of applicants. This internal guidance contains the level of detail used to assess whether a person or entity is fit to hold a licence. Releasing such detail would reveal the methods and techniques the Commission uses as part of the assessment process. We are of the view that the disclosure of this information would prejudice the regulatory functions of the commission. As such, this information is exempt under section 31 of the FOIA.
Section 31(1) provides that Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice:
- (g) the exercise by any public authority of its functions for any of the purposes specified in subsection (2)
The relevant purpose referred to subsection (2) are –
- (d) 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,
There is a legitimate public interest in promoting accountability and transparency of public authorities and disclosure of the requested information could demonstrate to stakeholders and relevant parties that the Commission is active in its regulatory functions.
It is important that the public are assured that the Commission is ensuring that any individuals who are involved in providing gambling facilities to the public have undergone the necessary due diligence checks and will uphold the licencing objectives ensuring that consumers are protected.
However, there is an expectation of confidence in much of the Commission’s work, particularly regarding the techniques used to ascertain if a licence should be granted. It is the impact on this work of the Commission which is more likely to be affected by disclosure. The amount of information released relating to our specific regulatory techniques is limited as this could lead to potentially non-compliant operators altering their behaviour specifically to meet the Commission standards purely for assessment purposes. This in turn may impact on the Commission’s function of ascertaining a gambling operator’s fitness to carry out gambling activities.
The information that is publicly available on our website clearly sets out the licensing process and the assessment criteria the Commission works with. therefore, it is our view that there is sufficient information publicly available to adequately address the public interest in this matter.
Having considered the arguments for and against disclosure of the requested information, the Commission is minded to advise that the public interest is best served through maintaining this exemption.
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.
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
Victoria Square House
Birmingham B2 4BP
Internal Review Request
Thank you for responding to my FOI request. Unfortunately, the response is not satisfactory so I would like to request an internal review.
The public interest favours disclosure as it will aid the public's understanding of the due diligence carried out on Bet Index Ltd.
Internal Review Response