Review of Biztech Software
Request
- Confirmation whether a formal regulatory review of Biztech Software (NI) Limited’s licence (Account 54578) is being initiated as a result of evidence.
- Full disclosure of all evidence gathered and your formal decision regarding this bookmaker's breach.
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
In your email you have requested confirmation whether a formal regulatory review of Biztech Software (NI) Limited’s licence (Account 54578) is being initiated as a result of evidence. Further to this, full disclosure of all evidence gathered and your formal decision regarding this bookmaker's breach.
The Gambling Commission do not provide comment on any information held regarding specific operators unless it is in the public interest to do so. As such, we are unable to confirm or deny whether we hold any within the scope of your request. Section 31(3) of the FOIA (Law Enforcement) exemption applies.
Section 31 (3)
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 of the FOIA requires that we consider a public interest test to identify whether there is a wider public interest in fulfilling this request as opposed to maintaining the exemption.
We acknowledge that there is a legitimate public interest in promoting the accountability and transparency of the Commission. Further to this, it is important that there is sufficient information in the public domain, so consumers have an understanding of the regulatory activity that the Commission is taking with specific operators to enable them to make informed decisions regarding their choice of operator.
However, confirming or denying 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 engaging in specific conversations with operators and 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 aims.
Finally, if a formal decision is made the Commission will ordinarily publish all such information in full. Fulfilling this request may prejudice the outcome of future regulatory work of the Commission, or another body, to the detriment of the public interest.
Given the points considered, disclosure of the information would be damaging to the Commission as a regulatory body which serves to protect the wider public interest. Ultimately, the Commission believes that the interests of the public are better served through maintaining the exemption. 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