Warnings to UK Sports Clubs

Request

Under the Freedom of Information Act 2000, I am requesting the following information regarding the Gambling Commission's oversight and guidance concerning sports organizations and non-UK-regulated gambling operators.

1. Independent Evaluation of Access Controls

In the past 18 months, has the Gambling Commission conducted any independent evaluations of the processes used by non-UK-regulated operators to block UK-based bettors (e.g., use of fake trading accounts, or testing circumvention via VPNs and cryptocurrencies)?

If yes, please provide a list of the brands/operators evaluated.

Please provide details of any brands where the Commission successfully placed bets from the UK, or confirm if all such attempts were unsuccessful.

2. Warnings to UK Sports Clubs

In the past five years, how many times has the Gambling Commission contacted UK sports clubs or franchise owners to warn them of potential breaches by their sponsors/advertisers regarding illegal gambling advertising?

Please provide the names of the clubs or owners contacted.

3. Prosecutions for Illegal Advertising

In the past ten years, how many prosecutions has the Gambling Commission brought for the advertising of illegal gambling?

Please provide the number of cases and the year each action occurred.

Response

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

In your email you have requested the following information regarding the Gambling Commission's oversight and guidance concerning sports organizations and non-UK-regulated gambling operators.

1. Independent Evaluation of Access Controls

In the past 18 months, has the Gambling Commission conducted any independent evaluations of the processes used by non-UK-regulated operators to block UK-based bettors (e.g., use of fake trading accounts, or testing circumvention via VPNs and cryptocurrencies)?

If yes, please provide a list of the brands/operators evaluated.

Please provide details of any brands where the Commission successfully placed bets from the UK or confirm if all such attempts were unsuccessful.

I can confirm that no information falling within the scope of this part of your request is held by the Gambling Commission.

2. Warnings to UK Sports Clubs

In the past five years, how many times has the Gambling Commission contacted UK sports clubs or franchise owners to warn them of potential breaches by their sponsors/advertisers regarding illegal gambling advertising?

Please provide the names of the clubs or owners contacted.

I am able to confirm that the Commission does hold information falling within the scope of your request. Some of this information has been made publicly available on the Gambling Commission website. Section 21 of the FOIA provides that information is exempt where it is reasonably accessible elsewhere. This information can be viewed here:

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However, the Commission is of the view that and further information held, 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,

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.
• Disclosure of the requested information could demonstrate to stakeholders and relevant parties the work that the Commission is undertaking in relation to the information it receives.
• 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:

• There is an expectation of confidence in much of the Commission’s work, particularly regarding the external conversations that take place between the Commission and stakeholders, providing this information would impact on the openness of stakeholders when sharing important information with us or other law enforcement agencies. It is the impact on this work of the Commission which is more likely to be affected by disclosure.
• Sharing specific information which makes specific individuals or events identifiable could alert individuals involved to the fact that the Commission was/is or alternatively wasn’t/isn’t conducting particular regulatory enquiries. This would provide them with an opportunity to alter their behaviours or evade detection. This would result in making it more difficult for the Commission to achieve its regulatory aims.
• Further to this, sharing this information would impact on the openness of stakeholders when sharing important information with us or other law enforcement agencies. The amount of information released is carefully considered in order to protect the integrity of the Commissions regulatory work and individuals or stakeholders from being unfairly associated with unsubstantiated allegations. Disclosure of this information would be likely to lead to reluctance from stakeholders to provide information to the Commission in the future, which would have a substantial adverse effect on the Commission’s ability to carry out its regulatory functions.

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. However, disclosure of the information would be damaging to the Commission as a regulatory body which ultimately serves to protect the wider public interest.

We consider that the public interest is better served by withholding this information.

3. Prosecutions for Illegal Advertising

In the past ten years, how many prosecutions has the Gambling Commission brought for the advertising of illegal gambling?

Please provide the number of cases and the year each action occurred.

I can confirm that no recorded information falling within scope of this part of your request is held by the Gambling Commission.

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