Regulatory changes
Request
Many thanks for your response to my Freedom of Information request received by email on the 27/02/2024.
Unfortunately I am struggling to fully understand the content, specifically as to how there can possibly have been so many regulatory changes in a period of just 14 years between 2007 and July 2021?
How many have there been dozens or hundreds?
To assist you I am specifically requesting information on each and every regulatory change in that 14 year period that directly related to online betting exchanges such as Betfair Limited, in the areas of risk assessment and social responsibility (protecting a customer from harm associated with gambling).
To help you minimise your search I am NOT interested in regulatory changes relating to High Street betting shops, casinos, gaming machines, racecourses,greyhound tracks etc etc.
You did not mention my first request asking for details of all investigations and findings against Betfair Limited which I would expect to be a relatively small number so I hope to receive this information within the prescribed 20 day 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 details of all complaints and subsequent rulings resulting in regulatory actions against Betfair Limited and/or TSE Malta LP in the last 20 years to the present date. Further to this, you have also requested information on each and every regulatory change in 14 years between 2007 and July 2021 that directly relates to online betting exchanges such as Betfair Limited, in the areas of risk assessment and social responsibility (protecting a customer from harm associated with gambling).
Firstly, it should be noted that the Gambling Commission took over from the Gaming Board in 2007.
There were no electronic files transferred from the Gaming Board to the Gambling Commission and therefore we do not hold any electronic information that predates this period of time.
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 whether we hold any information falling within the scope of your request we would need to review a large amount of 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:
The Information Commissioner’s Office (opens in a new tab).
However, in order to be of assistance, the Commission can provide some context in relation to your request. We can confirm that regulatory changes are publicly consulted on, and both the consultation and response for those dating back to 2013 can be found on the Gambling Commission website. The Commission did not licence the majority of the online market prior to 2014 and therefore we are unable to advise on a complete list for your request.
The LCCP for requirements that apply to betting intermediaries can be searched here: Licence Conditions and Codes of Practice (gamblingcommission.gov.uk). The Commission also has an LCCP updates page that highlights some key changes for betting intermediaries here: LCCP previous changes (gamblingcommission.gov.uk). Again, this list in incomplete as for example the most recent change listed (payment methods and services) does not mention intermediaries although the requirement does apply to them.
The majority of our consultations will not mention betting intermediaries in the title as the subject would be broader than that. In this period, the Commission have introduced Annual Assurance Statements, strengthened controls on how licensees incentivise high spending customers, prohibited credit cards for online gambling, and introduced and updated Customer Interaction Guidance, all of which are applicable to betting intermediaries and risk and social responsibility. We also have advice notes for betting intermediaries, such as Betting: advice for remote, non-remote and betting intermediaries (gamblingcommission.gov.uk).
The Gambling Commission website can also be searched for the word ‘intermediary’ and ‘remote’ using the function available or using a search engine which may assist in finding information in relation to your request.
If you are able to refine your request, using the information above, 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.
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