BeyondPlay Gaming Limited
Request
I would like to request the following information under the Freedom of Information Act 2000:
On what date did the UK Gambling Commission first receive from BeyondPlay Gaming Limited any notification or official communication regarding its intention to cease its licensed activities or surrender its UKGC licences?
Please provide the date only.
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
Your Request
In your email you have requested on what date did the UK Gambling Commission first receive from BeyondPlay Gaming Limited any notification or official communication regarding its intention to cease its licensed activities or surrender its UKGC licences.
Our Response:
The Gambling Commission do not provide comment on any information held regarding specific operators unless it is in the public interest to do so. As such, we are unable to confirm or deny whether we hold any further information within the scope of this part of your request. Section 31(3) of the FOIA (Law Enforcement) exemption applies.
Section 31(3)
Section 31(3) (“Law Enforcement”) provides that the duty to confirm or deny does not arise if, or to the extent that compliance with section 1(1)(a) would or would be likely to, prejudice any of the matters mentioned in subsection (1).
The Public Interest Test
Having acknowledged that the Commission is not able to confirm or deny whether we hold any information within the scope of your request, section 31 of the FOIA requires that we consider a public interest test to identify whether there is a wider public interest in fulfilling this request as opposed to maintaining the exemption.
We acknowledge that there is a legitimate public interest in promoting the accountability and transparency of the Commission. Further to this, it is important that there is sufficient information in the public domain, so consumers have an understanding of the regulatory activity that the Commission is taking with specific operators to enable them to make informed decisions regarding their choice of operator.
Weighed against these factors, the Commission has also considered factors in favour of maintaining the exemption.
The Commission has robust and effective processes and procedures in place which are utilised when carrying out activities which contribute to our regulatory activities. These procedures and processes have been put in place to increase the integrity of our work, demonstrating to the public at large that they can have confidence in the Commission’s ability to uphold its statutory obligations.
There is an expectation of confidence in much of the Commission’s work, particularly regarding the information collected in relation to specific operators. Sharing this information, if held, would consequently impact on the openness of stakeholders when sharing important information with us or other law enforcement agencies. This would have a substantial adverse effect on the Commission’s ability to carry out its regulatory functions.
Confirming or denying information which makes specific individuals, events or lines of enquiry identifiable could alert individuals involved to the fact that the Commission was/is or alternatively wasn’t/isn’t engaging in specific conversations; providing an opportunity for individuals to alter their behaviours or evade detection. This would result in making it more difficult for the Commission to achieve its aims.
Given the points considered, disclosure of the information would be damaging to the Commission as a regulatory body which serves to protect the wider public interest. Ultimately, the Commission believes that the interests of the public are better served through maintaining the exemption. Therefore, we are not in a position to confirm or deny whether we hold any information in relation to your request.
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