Joe Jennings Limited
Request
I withdraw that question and narrow my request concerning Joe Jennings (Harlow) Limited, Commission account 34228, to the following:
Historical licence records: Existing licence pages, schedules or licensing-record extracts showing the activities authorised on 5 July 2020, 16 October 2021 and 15 March 2023. Please include the remote, ancillary-remote or non-remote classification; whether remote general betting was standard or limited; and the licence/version references and effective dates. One copy covering multiple dates is sufficient.
GAMSTOP participation: Any recorded date when the licensee first registered with, participated in or technically integrated with GAMSTOP, identifying what the date represents and the type or name of the record holding it.
I am no longer requesting the scope-classification search described in question 3 or a new legal assessment.
The historical licence records are my priority. If answering both remaining questions would still exceed the cost limit, please provide specific advice on how to narrow the request further.
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 information concerning Joe Jennings (Harlow) Limited, Commission account 34228. Specifically:
- Historical licence records: Existing licence pages, schedules or licensing-record extracts showing the activities authorised on 5 July 2020, 16 October 2021 and 15 March 2023. Please include the remote, ancillary-remote or non-remote classification; whether remote general betting was standard or limited; and the licence/version references and effective dates. One copy covering multiple dates is sufficient.
- GAMSTOP participation: Any recorded date when the licensee first registered with, participated in or technically integrated with GAMSTOP, identifying what the date represents and the type or name of the record holding it.
Our Response
I can confirm that information is held by the Gambling Commission falling within the scope of questions one and two of your request, however the Commission do not hold information regarding the licensee's initial participation in the Betting Shops self-exclusion scheme.
In relation to the information held falling within the scope of your request, we consider these records to be exempt in their entirety by virtue of s31 of the FOIA.
The Commission is of the view that information in relation to specific operators, other than what is made publicly available, is exempt from disclosure under section 31(1)g of the FOIA (‘law enforcement’) and therefore will not be released.
Section 31(1)g – Law Enforcement
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)(a) refers to the purpose of ascertaining whether any person has failed to comply with the law,
ii. Subsection 31(2)(b) refers to the purpose of ascertaining whether any person is responsible for any conduct which is improper,
iii. Subsection 31(2)(c) refers to the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise,
iv. 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.
The Public Interest Test
In considering the public interest the Commission has considered the following factors. The Commission is a public body which regulates the gambling industry in accordance with its statutory objectives, and its work is in the public interest. We recognise that there is therefore a public interest in members of the public having confidence that the Commission is being open and honest in how it regulates and the information it holds so that it can be effectively held to account.
Disclosure of the requested information could demonstrate to stakeholders and relevant parties how and when the Commission communicates with organisations. 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.
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 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.
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.
Ultimately, the Gambling Commission regulates gambling in the interests of consumers and the wider public. As such, the Commission believes that the interests of the public are better served through maintaining the 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.
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