VF2011 Limited

Request

• Whether, during the period September-December 2022, VF2011 Limited was authorised to process payments in connection with gambling services operated under Licence 38905.
• Whether VF2011 Limited formed part of the same licensed group structure as Gamesys Operations Limited for regulatory purposes at that time.
• Whether payments processed by VF2011 Limited in relation to Megaways Casino during that period would have fallen within the regulatory responsibility of the holder of Licence 38905.
• I confirm that this request is limited strictly to clarification of regulatory and licensing records and does not seek legal advice or comment on the merits of any dispute.
• Given the relevance of this matter to the court proceedings, I would be grateful if your response could confirm the Commission's recorded position in writing so that it may be relied upon as an accurate statement of the regulatory framework applicable during the relevant period.

Response

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

In your email you have requested:

• Whether, during the period September-December 2022, VF2011 Limited was authorised to process payments in connection with gambling services operated under Licence 38905.
• Whether VF2011 Limited formed part of the same licensed group structure as Gamesys Operations Limited for regulatory purposes at that time.
• Whether payments processed by VF2011 Limited in relation to Megaways Casino during that period would have fallen within the regulatory responsibility of the holder of Licence 38905.
• I confirm that this request is limited strictly to clarification of regulatory and licensing records and does not seek legal advice or comment on the merits of any dispute.
• Given the relevance of this matter to the court proceedings, I would be grateful if your response could confirm the Commission's recorded position in writing so that it may be relied upon as an accurate statement of the regulatory framework applicable during the relevant period.

Firstly, all operators who are licensed, or in the process of being licensed, by the Commission can be found on our Licensee register, which is regularly updated. This can be found on our website: Full register of gambling businesses - Gambling Commission.

The Gambling Commission publishes a live register of gambling premises on its website, which can be found here: Public Register. This information is updated nightly. The live public register is published with the caveat that the Gambling Commission cannot provide any assurances on the completeness and accuracy of this data.

Secondly, the Gambling Commission do not provide comment on any specific information regarding operators, 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 your request. Section 31(3) of the FOIA (Law Enforcement) exemption applies.

Section 31(3) – Law Enforcement

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).

Public Interest Test

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 FOIA requires that we consider a public interest test to identify whether there is a wider public interest in fulfilling this request opposed to maintaining the exemption.

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.

In Favour of Maintaining the Exemption

• Licensed operators have a reasonable expectation that the level of detail in relation to their operational structure will not be published.
• Releasing this information would be likely to provide competitors with a commercial advantage, as they would be able to view the position and structure of competing operators.
• Providing operator specific information regarding the information requested could lead to comparisons being made between operators, leading to unjustified inferences being made without the full context.
• Disclosing this information could discourage licensees from freely providing information to the Commission in future, which would be likely to prejudice the Commission’s ability to monitor and regulate its licensees.
• 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.

Weighing the Balance

Given the points considered, the Commission believes that the interests of the public are better served through maintaining the exemption. The nature of the information requested may prejudice the regulatory work by the Commission Therefore we are not in a position to confirm or deny whether we hold any information in relation to 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