Reviews in relation to non-compliant marketing
Request
Could you please provide the number of times in the last 5 years you’ve carried out a review under section 116(1) or (2) of the Act, in relation to non compliant marketing.
Please also provide the number of times following the aforementioned review you’ve:
- decided to take no further action
- decided to give the licensee advice as to conduct
- decided to exercise its powers set out in section 117 of the Act (Regulatory powers).
Further under Section 117 of the Gambling Act, in relation non compliant marketing, please confirm how many times you’ve:
- given a licensee a warning
- added, removed, or amended a condition to the licence
- suspended a licence
- revoked a licence
- imposed a financial penalty.
The timeframe is the last 5 years for all information.
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
In your email you have requested:
Could you please provide the number of times in the last 5 years you’ve carried out a review under section 116(1) or (2) of the Act, in relation to non compliant marketing.
Please also provide the number of times following the aforementioned review you’ve:
- decided to take no further action
- decided to give the licensee advice as to conduct
- decided to exercise its powers set out in section 117 of the Act (Regulatory powers).
Further under Section 117 of the Gambling Act, in relation non compliant marketing, please confirm how many times you’ve:
- given a licensee a warning
- added, removed, or amended a condition to the licence
- suspended a licence
- revoked a licence
- imposed a financial penalty.
I can confirm that the Gambling Commission does hold information falling within the scope of both parts of your request. However, as this information is not stored in an extractable format, we would be required to review each licensee record to fulfil your request.
The enforcement outcomes relating to non-compliant marketing/advertising is easily accessible information, which we would be able to provide, however, instances where no further action has been taken would involve an individual review of every Enforcement case from the last 5 years.
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.
We estimate that it would take in excess of 18 hours to determine appropriate material and locate, retrieve and extract any relevant information in reference to your request as there is a high volume of records which may contain relevant information and would need to be checked individually.
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:
If you are able to narrow your request, we may be able to provide some data by working up to the time limit.
Until we are able to process the search and retrieval of the information you have requested, that can be provided within the statutory time limit, we are unable to ascertain if other exemptions will apply to the material retrieved, 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