Correspondence between the Gambling Commission and Football Clubs

Request

Under the Freedom of InformationAct, please can you share the following information:

1. Details of any meetings and calls (including subject, attendees, and notes of the discussion) held between the Gambling Commission and Everton Football Club between 1st October 2024 and 10th April 2025
2. Details of any meetings and calls (including subject, attendees, and notes of the discussion) held between the Gambling Commission and Leicester City Football Club between 1st October 2024 and 10th April 2025
3. All correspondence between the Gambling Commission and Everton Football Club between 1st October 2024 and 10th April 2025
4. All correspondence between between the Gambling Commission and Leicester City Football Club between 1st October 2024 and 10th April 2025

Response

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

In your email you have requested:

1. Details of any meetings and calls (including subject, attendees, and notes of the discussion) held between the Gambling Commission and Everton Football Club between 1 October 2024 and 10 April 2025
2. Details of any meetings and calls (including subject, attendees, and notes of the discussion) held between the Gambling Commission and Leicester City Football Club between 1 October 2024 and 10 April 2025
3. All correspondence between the Gambling Commission and Everton Football Club between 1 October 2024 and 10 April 2025
4. All correspondence between between the Gambling Commission and Leicester City Football Club between 1 October 2024 and 10 April 2025

In February 2025, the Gambling Commission published a consumer information notice, advising that Stake.uk.com will no longer be a licensed website from March 2025.

In this notice, the Commission stated that it would be writing to Everton (along with two other football clubs with unlicensed sponsors) warning of the risks of promoting unlawful gambling websites.

As such, I am able to confirm that the Commission does hold information falling within the scope of part three of your request However, the Commission is of the view that information held in relation to specific details of information reported, 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

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,

Public interest test

The factors the Commission has considered when applying the public interest test have been detailed below.

Arguments in favour of disclosure:

• The Commission is a public body which is required to regulate the gambling industry in the public interest. There is therefore a public interest in members of the public having confidence the Commission is being open and honest with the information it holds so that it can be held to account.
• Disclosure of the requested information could demonstrate to stakeholders and relevant parties the work that the Commission is undertaking in relation to the information it receives.
• 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.

Arguments in favour of maintaining the exemption:

• There is an expectation of confidence in much of the Commission’s work, particularly when discussing potential areas of non-compliance with the LCCP. It is the impact on this work of the Commission which is more likely to be affected by disclosure.
• The Commission has robust and effective processes and procedures in place which are utilised when assessing products to establish whether they fall with its regulatory remit. These procedures and processes have been put in place to minimise the risk of a product being offered without an appropriate licence.
• It could seriously impact the Commission’s investigation process, if details of what information it used to inform its regulatory activities became known; this is strongly not in the public interest as it would impair the Commission’s ability to regulate effectively
• 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

Weighing the balance

The Commission acknowledges that there is a public interest in promoting the accountability and transparency of public authorities and the importance of having sufficient information in the public domain to support consumers with their choice of operator. However, disclosure of the information would be damaging to the Commission as a regulatory body which ultimately serves to protect the wider public interest.

We consider that the public interest is better served by withholding this information.

In relation to parts one, two and four of your request, the Gambling Commission do not provide comment on any engagement with specific stakeholders 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 these parts your request. Section 31(3) of the FOIA (Law Enforcement) exemption applies.

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

• The Commission is a public body which is required to regulate the gambling industry in the public interest. There is therefore a public interest in members of the public having confidence the Commission is being open and honest with the information it holds so that it can be held to account.
• It is important that the public are assured that the Commission is carrying out its functions in ensuring that any sports organisations who engage in sponsoring and advertising arrangements are doing so legally, ensuring that consumers are protected.
• 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

• The Commission has robust and effective processes and procedures in place which are utilised when assessing existing licensees. These procedures and processes have been put in place to minimise the risk of an operator continuing to provide gambling services where they do not meet the required standards. This demonstrates to the public at large that they can have confidence in the Commission’s compliance assessment processes.
• There is an expectation of confidence in much of the Commission’s work, particularly regarding the external conversations that take place between the Commission and stakeholder's, when discussing areas of a licensee’s compliance with the LCCP. It is the impact on this work of the Commission which is more likely to be affected by disclosure.
• 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 and individuals or stakeholders from being unfairly associated with unsubstantiated allegations.
• Finally, if a formal decision is made the Commission will ordinarily publish all such information in full. Fulfilling this request may prejudice the outcome of future regulatory work of the Commission, or another body, to the detriment of the public interest.

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 points one, two and four of 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