Illegal Gambling

Request

1. ‘A list of domain names of online gambling websites that have been shut down or blocked due to operating illegally in the UK from 25th of January.
2. Any related reports or statistics on illegal gambling site enforcement actions.’

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. ‘A list of domain names of online gambling websites that have been shut down or blocked due to operating illegally in the UK from 25th of January.
2. Any related reports or statistics on illegal gambling site enforcement actions.’

Question One

The Gambling Commission (“the Commission”) was set up by the Gambling Act 2005 (“the Act”) and is the national regulator of all commercial gambling within Great Britain, including the National Lottery, other than spread betting (section 10). As part of its principal functions, the Commission grants licences to operators and individuals under Part 5 of the Act to provide facilities for gambling to customers in Great Britain, including the provision of arcades, gaming machines, betting, lotteries, bingo, remote gambling (online, telephone), casinos and gambling software.

The Commission has, under section 28 of the Act, the power to investigate whether an offence has been committed under the Act and to commence legal proceedings in respect of such an offence.

Law Enforcement – Section 31

I can confirm that the Gambling Commission does hold information falling within the scope of question one of your request. However, section 31(1)(g) of the FOIA 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) the purpose of ascertaining whether any person has failed to comply with the law,
ii. Subsection 31(2)(b) the purpose of ascertaining whether any person is responsible for any conduct which is improper, and iii. Subsection 31(2)(c) the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise.

It is our view that the regulatory functions of the Commission, would be prejudiced by disclosure of this information as it would:

i. prejudice the Commission’s ability to fulfil its statutory functions by alerting potential offenders to our investigations and tactics, revealing who it is carrying out the investigations and how they are carried out, and

ii. prejudice the Commission’s enforcement activity in the area of unlicensed gambling as it could undermine the trust the Commission has gained with law enforcement partners and intelligence sources in terms of disclosing information where it is appropriate.

We can also refer you to our Statement of Principles for licensing and regulation, which states that: 

(4.17) The Commission will not normally publish details of the information found or the conclusions reached while its investigations are ongoing. An exception may be made where there is speculation in the public domain and or where those involved have made public statements which need to be responded to in order to avoid misconceptions arising. 

(4.18) However, the Commission will normally publish details of all formal regulatory action taken under section 117 of the Act, which may include reference to conclusions reached during the course of an investigation in the form of a public statement. Such information will normally be published 14 days after a decision has been taken, whether or not the decision is the subject of an appeal. Publications will also normally accompany a regulatory settlement.

The Commission therefore concludes that the disclosure of this information would prejudice the investigative processes of the Commission.

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 gambling operators. 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 investigative process
• It could seriously impact the Commission’s investigation process, if information relating to what information it uses 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
• Further, disclosure of the requested information would prejudice the outcome of future investigations 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 unlicensed operators. 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 and impact any ongoing investigations.

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.

Question Two

Section 21 of the FOIA provides that information is exempt where it is reasonably accessible elsewhere.

Further information relating to the Gambling Commission’s approach to tackling unlicensed gambling can be viewed on our website: Blog - Unlicensed Gambling – Our approach to tackling unlicensed gambling. Information is published on our website about the activity taken by the Commission in 2024: Activity to tackle unlicensed gambling and outcomes.

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