Footstock

Request

Please may I request all emails between Feb 2020 and Jan 2021 containing the word "Footstock".

Response

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

In your email you have requested emails between Feb 2020 and Jan 2021 containing the word "Footstock".

In order to fulfil your request, a search was conducted across all Gambling Commission emails between 01/02/2020 and 31/01/21 containing the word "Footstock". The results produced from this search were then reviewed in line with the FOIA.

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

The Gambling Commission engage in email conversations on a daily basis regarding different licenced operators. Information generated as part of this process is used to assess whether a person or entity is fit to hold a licence.

I can confirm that information falling within the scope of your request is held. However, 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

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.

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.
• It is important that the public are assured that the Commission is carrying out its functions in ensuring that any individuals or organisations who are involved in providing gambling facilities to the public have undergone the necessary assessments and will uphold the licencing objectives ensuring that consumers are protected.
• Disclosure of the requested information could demonstrate to stakeholders and relevant parties how the Commission is assessing licensees and, 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:

• 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 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.
• The amount of information the Commission can release relating to our specific discussions about a licensee could lead to potentially non-compliant licensees altering their behaviour specifically to meet the Commission’s 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.
• 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.
• Further, disclosure of the requested information would prejudice the outcome of future assessments by the Commission by exposing assessment techniques and practices to the detriment of the public interest.

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.

It is important that the public are assured that the Commission is carrying out its functions in ensuring that any individuals/organisations who are involved in providing gambling facilities to the public have undergone the necessary assessments and will uphold the licencing objectives ensuring that consumers are protected.

However, there is a strong public interest in preserving the processes that the Commission has in place to assess operators’ compliance with the LCCP and identify any operators who will be unable to comply with the licensing requirements. The public trust that the Commission has robust processes in place to assess operators so that when they use the services provided by an operator, they are confident that there has been sufficient scrutiny of that operator to ensure that they are protected. If this information were released it would undermine that confidence.

We consider that the public interest is better served by withholding this information, ensuring that consumers are protected through our processes rather than releasing information about our processes which in our view will not benefit the public as a whole.

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
Gambling Commission
Victoria Square House
Victoria Square
Birmingham B2 4BP

Internal Review Request

I am writing to request an internal review of Gambling Commission's handling of my FOI request regarding 'Footstock'.

Footstock suspended operations in the UK and surrendered their gambling licences without, as far as I am aware, returning any money to it's UK customers. Again, an expectation of confidentiality would be exempt in terms of running away with customers cash balances.

Internal Review Response

I am writing to you further to your Freedom of Information request dated 15/08/2023 which we responded to on 31/08/2023, and your subsequent request for an internal review received on 31/08/2023.

We have now concluded our review and our findings are detailed below. This internal review was conducted by someone who was not involved in the processing of your original request.

In your initial email you requested the following information:

Emails between Feb 2020 and Jan 2021 containing the word "Footstock".

In our initial response we confirmed that information falling within the scope of your request was held by the Commission. However, the Commission was 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.

Internal review

After reviewing your request and our response, I uphold our original decision to engage the section 31(1)g exemption. Our considerations for this decision are detailed below. In our response we advised that the Commission is a regulatory body with licensing, compliance, and enforcement functions and through our regulatory activity, the Commission aims to protect consumers and the wider public, and to raise standards in the gambling industry.

The Commission takes steps to publish information, ensuring the transparency and accountability of its regulatory work. Specific details of correspondence between individual Licensees does not contribute to the overall understanding of the gambling industry. We release details of our enforcement activity through public statements, which can be found on our website here: Public Register

When we publish these statements, we take care to present as much information as possible to ensure that lessons can be learned, and standards raised in the industry. However, we must also be careful not to reveal any information that could hinder our ability to conduct investigations or enable those we may investigate to avoid detection.

As stated in our original response, the Gambling Commission does not provide comment on any regulatory work we may or may not be undertaking, unless it is in the public interest to do so. As the public body which is required to regulate the gambling industry, we acknowledge that there is a legitimate public interest in promoting the accountability and transparency of the Commission.

There is 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. 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 to enable them to make informed decisions regarding their choice of operator.

However, there is an expectation of confidence in much of the Commission’s work, particularly in conversations regarding individual operators. It is the impact on this which is more likely to be affected by disclosure.

It is important that the public are assured that the Commission is carrying out its functions in ensuring that any individuals or organisations providing gambling facilities have undergone the necessary assessments and will uphold the licencing objectives ensuring that consumers are protected.

Nevertheless, the Commission has robust and effective processes and procedures in place which are utilised when assessing potential and 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. The amount of specific information the Commission can release relating to our licensees may impact on the Commission’s function of ascertaining a gambling operator’s fitness to carry out gambling activities.Finally, 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.

After consideration of the above arguments, I consider that the public interest is better served by withholding this information, ensuring that consumers are protected through our processes rather than releasing information.

If you are not content with the outcome of your review, you may apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Gambling Commission. The ICO can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.