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Provision 3 of the LCCP's Code of Practice Provisions

Request date
2 July 2025

Outcome
Information withheld

Document actions
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Request

  1. Since 1 June 2022, the number of times you have used your powers under section 116 of the Gambling Act 2005 or section 120 of the Gambling Act 2005 to carry out compliance assessments (either full, targeted or thematic) of operators' compliance with the following provisions:
  2. 3.1.1 (Combating problem gambling)
  3. 3.4.3 (Remote customer interaction)
  4. Of the assessments recorded in answer to Question 1, how many of these involved assessments of operators' compliance with Requirement 4 of Provision 3.4.3 and associated Customer interaction guidance - for remote gambling licensees (Formal guidance under SR Code 3.4.3) - Section B - Identify - Requirement 4? How many breaches of this requirement and guidance were found?
  5. Of the assessments recorded in answer to Question 1, how many of these involved assessments of operators' compliance with Requirement 11 of Provision 3.4.3 and associated Customer interaction guidance - for remote gambling licensees (Formal guidance under SR Code 3.4.3) - Section C - Act - Requirement 11? How many breaches of this requirement and guidance were found?
  6. Of the assessments recorded in answers to Questions 1, 2 and 3 respectively, how many of these involved investigations into the personal data processing and algorithms used in operators' electronic systems?
  7. Of the assessments recorded in answer to Question 1, how many times have you found a breach of the relevant provisions (for breaches of 3.4.3, please provide this information broken down between breaches of each sub-requirement, e.g. how many times have you found a breach of Requirement 3.4.3 (1), Requirement 3.4.2 (2), etc)?

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 in relation to compliance assessments of gambling operators' compliance with the Provision 3 of the LCCP's Code of Practice Provisions (Protection of children and other vulnerable persons). Specifically:

  1. Since 1 June 2022, the number of times you have used your powers under section 116 of the Gambling Act 2005 or section 120 of the Gambling Act 2005 to carry out compliance assessments (either full, targeted or thematic) of operators' compliance with the following provisions:
  2. 3.1.1 (Combating problem gambling)
  3. 3.4.3 (Remote customer interaction)
  4. Of the assessments recorded in answer to Question 1, how many of these involved assessments of operators' compliance with Requirement 4 of Provision 3.4.3 and associated Customer interaction guidance - for remote gambling licensees (Formal guidance under SR Code 3.4.3) - Section B - Identify - Requirement 4? How many breaches of this requirement and guidance were found?
  5. Of the assessments recorded in answer to Question 1, how many of these involved assessments of operators' compliance with Requirement 11 of Provision 3.4.3 and associated Customer interaction guidance - for remote gambling licensees (Formal guidance under SR Code 3.4.3) - Section C - Act - Requirement 11? How many breaches of this requirement and guidance were found?
  6. Of the assessments recorded in answers to Questions 1, 2 and 3 respectively, how many of these involved investigations into the personal data processing and algorithms used in operators' electronic systems?
  7. Of the assessments recorded in answer to Question 1, how many times have you found a breach of the relevant provisions (for breaches of 3.4.3, please provide this information broken down between breaches of each sub-requirement, e.g. how many times have you found a breach of Requirement 3.4.3 (1), Requirement 3.4.2 (2), etc)?

The Gambling Commission can confirm that information is held falling with the scope of parts one, two, three and five of your request. We can confirm that we do not record the information falling within the scope of part four of your request.

However, section 12 of the Freedom of Information Act 2000 (FOIA) makes provision for public authorities to refuse requests for information where the cost of dealing with them would exceed the appropriate limit, which for public authorities, such as the Commission, is set at £450. This represents the estimated cost of one person spending 18 hours in determining whether the department holds the information, locating, retrieving and extracting the information.

In order to identify, locate and retrieve the information requested, we conducted a search which retrieved a large number of records. In order to identify whether we hold any information falling within the scope of your request we would need to review all of these documents to assess if they were relevant to your request, and therefore we estimate that it would take in excess of 18 hours to determine appropriate material and retrieve and extract any relevant information in reference to your request.

When a public authority applies the Section 12 exemption to a request, the FOIA guidance specifically states that a public authority should avoid providing any information found as a result of a search as it denies the requestor the right to express a preference as to which parts of the request they may wish to receive within the appropriate time limit. Guidance on the application of section 12 can be viewed here: 

Requests where the cost of compliance exceeds the appropriate limit (section 12) | ICO (opens in new tab)

If you are able to refine your request, we may be able to narrow the number of records that we need to search.

Until we are able to process the search of the information you have requested, we are unable to ascertain if other exemptions will apply to any material identified which would also prevent disclosure.

Please note, any refined request would be processed as a new request and the 20 working day statutory time limit would apply. 

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 new tab), Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Information Management Team
Gambling Commission

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