Solution Risk Factor

Request

The Gambling Commission has kindly responded to my earlier FOI request for copies of its communication, concerning the Solution Risk Factor, with representatives of Allwyn during the fourth National Lottery Licence competition.

Under the Freedom of Information Act 2000, please provide me copies of the same for the remaining three final bidders.

That is, please provide me with copies of:

any communication between representatives of Camelot, Northern & Shell, and Sisal and the Gambling Commission concerning the Solution Risk Factor.

As the Gambling Commission has already released this information on Allwyn, there should be no reason for another lengthy Internal Review process to release the information.

Request Clarification

Thank you for your Freedom of Information request that was received on 14/09/2023. In order for us to progress this request we require further clarification with regards to the information you have requested.

In your email you noted our response to your FOI request for certain information relating to Allwyn and asked for “the same” information “for the remaining three final bidders”. Specifically, you have requested copies of:

communication between representatives of Camelot, Northern & Shell, and Sisal and the Gambling Commission concerning the Solution Risk Factor.

The Freedom of Information Act covers recorded information held by a public authority at the time a request is made and does not require a public authority to create information in order to fulfil a request. Further to this, public authorities should not make assumptions regarding the information being requested when retrieving information potentially in scope of a request. We would therefore be grateful if you could provide the following points of clarification:

• Your initial request relating to Allwyn sought “Any communication either representative of Allwyn and the Gambling Commission concerning the Solution Risk Factor that was used to judge the level of risk in its bid” (our emphasis). Please confirm that you seek the same information for the other bidders.
• Where you have requested communication between representatives of Northern & Shell and the Gambling Commission concerning the Solution Risk Factor, it should be noted that Northern & Shell did not participate in the UKGC’s tender competition. However, its subsidiary ‘the New Lottery Company’ did. Please confirm if it is communications with Northern & Shell that you require us to search as part of your request or the New Lottery Company, as these searches could yield very different results.

Your clarified request will represent a new request for information and the new 20 working day time limit will commence from the day after your clarified request is received.

If we do not receive a response by 14/12/2023 your request will be considered as closed.

Clarified Request

Your initial request relating to Allwyn sought “Any communication either representative of Allwyn and the Gambling Commission concerning the Solution Risk Factor that was used to judge the level of risk in its bid” (our emphasis). Please confirm that you seek the same information for the other bidders.

YES – I SEEK THE SAME INFORMATION FOR OTHER BIDDERS.

Where you have requested communication between representatives of Northern & Shell and the Gambling Commission concerning the Solution Risk Factor, it should be noted that Northern & Shell did not participate in the UKGC’s tender competition. However, its subsidiary ‘the New Lottery Company’ did. Please confirm if it is communications with Northern & Shell that you require us search as part of your request or the New Lottery Company, as these searches could yield very different results.

YES - THE NEW LOTTERY COMPANY.

Response

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

In your email dated 14/09/2023, you requested any communication between representatives of Camelot, Northern & Shell, and Sisal and the Gambling Commission concerning the Solution Risk Factor.

After initial consideration of your request, the Gambling Commission contacted you on 21/09/2023, to request clarification of the requested information. We asked you to consider the following points:

1. Your previous request relating to Allwyn sought “Any communication either representative of Allwyn and the Gambling Commission concerning the Solution Risk Factor that was used to judge the level of risk in its bid” (our emphasis). We asked you to confirm that you seek the same information for the other bidders.
2. Where you requested communication between representatives of Northern & Shell and the Gambling Commission concerning the Solution Risk Factor, it should be noted that Northern & Shell did not participate in the UKGC’s tender competition. However, its subsidiary ‘the New Lottery Company’ did. We asked you to confirm if it is communications with Northern & Shell that you require us to search as part of your request or the New Lottery Company, as these searches could yield very different results.

On 21/092023 you clarified that:

1. The same information is being requested for the remaining bidders as was requested for Allwyn.
2. Your request is referring specifically to the New Lottery Company, not Northern & Shell.

This clarification represented a new request for information.

Please find attached a document containing all of the information held by the Commission falling within the scope of your request.

Please note, while carrying out searches for documents relevant to this FOI request, the Commission has located communications between the Commission and all Applicants and therefore relevant to your initial FOI request relating to communication between Allwyn and the Commission. We apologise for this oversight and have included those excerpts in this document.

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

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