Bally's Interactive

Request

Earlier this year, a new entity - the Greek lottery company Intralot - became a material owner of Bally's Interactive after a merger between the two companies. The new entity is likely to control the following licenced operators:

Gamesys Limited (3439) Gamesys Operations Limited (38905) Bally's (Newcastle) Limited (1938) Bally's Interactive Llc (64864)

Please could you confirm whether you have conducted a review of the operating licences regarding the suitability of the new part-owner Intralot, and its Chairman REDACTED, as would be expected under the licencing regime.

If you have, please confirm this is complete and that Intralot has been judged suitable for licencing purposes.

If you have not, please explain why.

Response

Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).

In your email you have referenced that a new entity – the Greek lottery company Intralot – became a material owner of Bally’s Interactive after a merger between the two companies. Stating, the new entity is likely to control the following licenced operators:

• Gamesys Limited (3439)
• Gamesys Operations Limited (38905)
• Bally’s (Newcastle) Limited (1938)
• Bally’s Interactive Llc (64864)

You have specifically requested information relating to whether the Commission have conducted a review of the operating licences regarding the suitability of the new part-owner Intralot, and its Chairman REDACTED, as would be expected under the licencing regime.

Gambling operators are required to hold a licence from the Commission in order to offer facilities for gambling to customers located in Great Britain. The Commission goes through a licence application process as part of this and makes an assessment of suitability against criteria set out in the Act. Part 5 of the Gambling Act 2005 details the Commission’s statutory functions in relation to the licensing requirements. The Licence conditions and codes of practice (LCCP) set out the requirements all licensees must meet in order to hold a Gambling Commission licence.

Licence Conditions and Codes of Practice

When we receive licence applications an assessment is made on whether a business will uphold the licensing objectives and also the suitability of the applicant to carry out the activities that the licence allows. As part of this assessment the Commission will request the following evidence to support the application and the individuals who are relevant to the application, such as:

• the identity of the individuals,
• financial and other circumstances including resources available to carry out licensed activities
• integrity – honesty and trustworthiness
• competence – experience, expertise, qualifications and history
• criminality – criminal record

Changes of control must be reported as a key event as soon as reasonably practicable and in any event within 5 working days of the licensee becoming aware of the event’s occurrence.

Incoming individuals who have or are expected to become controller of the licensed operator, if not already approved by the Commission will be required to submit an Annex A or Personal Management Licence (PML) application.

Details with regards to how we process a licence application can be found on our website:

https://www.gamblingcommission.gov.uk/licensees-and-businesses/licences-and-fees

These checks are carried out to ensure that we meet our obligations under the Act and our Statement of Principles.

Once licensed, gambling operators are subject to ongoing compliance requirements and are subject to regulatory action should they fail to meet their licence requirements.

Information collated as part of this process is used to assess whether a person or entity is fit to hold a licence.

The Gambling Commission do not provide comment on any information held regarding specific operators and the information gathered as part of their application process, unless it is in the public interest to do so. As such, we are unable to confirm or deny whether we hold any information within the scope of your request. Section 31(3) of the FOIA (Law Enforcement) exemption applies.

Section 31

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).

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.

Arguments in favour of disclosure

• 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.

Arguments in favour of maintaining the exemption

• There is an expectation of confidence in much of the Commission’s work, particularly regarding the information collected in relation to specific operators during the Commissions due diligence process.
• Further to this, simply confirming or denying this request for information would impact on the openness of stakeholders when sharing important information with us or other law enforcement agencies.
• The amount of information released is carefully considered in order to protect the integrity of the Commissions regulatory work.
• In order to promote transparency, there is information that is publicly available, both on our website but also via the Policy Statement, which clearly sets out the required standards with which operator licensees are expected to comply.
• Therefore, it is our view that there is sufficient information publicly available about the assessment process and assessment framework to adequately address the public interest in transparency in respect of this matter and the information requested would not further the public interest in this subject.

Weighing the balance

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