Guidance for Remote Gambling Operators

Request

Please could you confirm what formal guidance for remote gambling operators, was in place between 2014 and 2018?

I understand Guidance is updated on a regular basis.

In particular Guidance on affordability, vulnerability, customer's personal circumstances, customer led contact and role of staff, for period 2014 - 2018.

Where and how can I access copies of the Guidance for the period 2014 to 2018?

This is now an urgent matter and a quick response would be much appreciated.

Response

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

In your email you have requested information relating to the formal guidance for remote gambling operators which was in place between 2014 and 2018. In particular guidance on affordability, vulnerability, customer’s personal circumstances, customer led contact and role of staff, for period 2014 - 2018.

Between 2014 and 2018 the Gambling Commission did not have formal guidance in place in relation to the areas of affordability, vulnerability, a customer’s personal circumstances, customer led contact and the role of staff.

The Licence conditions and codes of practice (LCCP) set out the requirements all licensees must meet in order to hold a Gambling Commission licence and was first published in 2007.

In relation to Customer Interaction, the requirements at the time were set out in Social Responsibility Code 3.4.1 and Ordinary Code 3.4.2 (see below for further detail). Social Responsibility Codes are provisions that an operator must meet, Ordinary Codes are measures that should be followed, but if an operator has a different approach, that is acceptable, as long as the operator achieves the same or enhanced performance in the area.

In 2014 we launched a consultation on improving the social responsibility provisions in the LCCP, to reflect developments in social responsibility practice and significantly improved understanding of risk since 2007. We published our response in 2015. As a result, we amended the social responsibility code for customer interaction:

Amended social responsibility code provision 3.4.1

Customer interaction

All licences, except non-remote lottery, gaming machine technical and gambling software licences

1. Licensees must put into effect policies and procedures for customer interaction where they have concerns that a customer’s behaviour may indicate harm (or risk of harm) as a result of their gambling behaviour. The policies must include:

a. identification of the appropriate level of management who may initiate customer interaction and the procedures for doing so.

b. the types of behaviour that will be logged/reported to the appropriate level of staff and which may trigger customer interaction at an appropriate moment.

c. the circumstances in which consideration should be given to refusing service to customers and/or barring them from the operator’s gambling premises.

d. training for all staff on their respective responsibilities, in particular so that they know who is designated to deal with problem gambling issues.

e. specific provision for making use of all relevant sources of information to ensure effective decision making, and to guide and deliver effective customer interactions, including in particular.

i. provision to identify at risk customers who may not be displaying obvious signs of, or overt behaviour associated with, problem gambling: this should be by reference to indicators such as time or money spent.

ii. specific provision in relation to customers designated by the licensee as ‘high value’, ‘VIP’ or equivalent.

f. specific provision for interacting with customers demonstrating signs of agitation, distress, intimidation, aggression or other behaviours that may inhibit customer interaction.

2. For gambling premises, licensees must ensure that their policies and procedures take account of the structure and layout of the gambling premises.
3. But such policies and procedures must be consistent with, and implemented with due regard to, licensees’ duties in respect of the health and safety of their staff.

We also introduced an ordinary code provision:

New ordinary code provision 3.4.2

Customer interaction – ordinary code

All licences except non-remote lottery, gaming machine technical and gambling software licences

1. Operators should work together to share experience and deliver good practice across the full range of social responsibility requirements for customer interaction.
2. Operators should keep a record of customer interactions, and where an interaction has been ruled out, the reasons for this. Where an interaction has taken place at a later date, this should also be recorded.
3. In providing training to staff on their responsibilities for customer interaction, licensees should have, as a minimum, policies for induction training and refresher training.

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