SunCity Group
Request
I have some further requests regarding these companies:
Was the 138.com brand (run by Fesuge Ltd,under Xela Holdings) part of SunCity Group?
Was TGP Europe part of SunCity Group?
Were REDACTED and REDACTED - two co-founders of the SunCity Group - among the owners of Xela Holdings and TGP Holdings?
Did REDACTED and REDACTED buy shares of Xela Holdings and TGP Holdings in order to invest in Fesuge Ltd/138.com and TGP Europe, respectively?
Was 138.com represented in emerging markets by Codeo Ltd - a company co-founded by REDACTED, an associate of REDACTED and REDACTED?
Were REDACTED and REDACTED also among the owners of Asia Fusion Technology- which ran '138 Global', '138 Asia' and several TGP Europe-enabled 'white label' brands?
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
In your email you have requested:
- Was the 138.com brand (run by Fesuge Ltd,under Xela Holdings) part of SunCity Group?
- Was TGP Europe part of SunCity Group?
- Were REDACTED and REDACTED - two co-founders of the SunCity Group - among the owners of Xela Holdings and TGP Holdings?
- Did REDACTED and REDACTED buy shares of Xela Holdings and TGP Holdings in order to invest in Fesuge Ltd/138.com and TGP Europe, respectively?
- Was 138.com represented in emerging markets by Codeo Ltd - a company co-founded by REDACTED, an associate of REDACTED and REDACTED?
- Were REDACTED and REDACTED also among the owners of Asia Fusion Technology which ran '138 Global', '138 Asia' and several TGP Europe-enabled 'white label' brands?
Gambling operators are required to hold a licence from the Commission in order to offer facilities for gambling to customers located in Great Britain. The Commission goes through a licence application process as part of this and makes an assessment of suitability against criteria set out in the Act. Part 5 of the Gambling Act 2005 details the Commission’s statutory functions in relation to the licensing requirements. The Licence conditions and codes of practice (LCCP) set out the requirements all licensees must meet in order to hold a Gambling Commission licence.
LCCP (gamblingcommission.gov.uk)
When we receive licence applications an assessment is made on whether a business will uphold the licensing objectives and also the suitability of the applicant to carry out the activities that the licence allows. As part of this assessment the Commission will request the following evidence to support the application and the individuals who are relevant to the application, such as:
- the identity of the individuals.
- financial and other circumstances including resources available to carry out licensed activities.
- integrity – honesty and trustworthiness.
- competence – experience, expertise, qualifications and history.
- criminality – criminal record.
Details with regards to how we process a licence application can be found on our website:
Licences and fees (gamblingcommission.gov.uk)
These checks are carried out to ensure that we meet our obligations under the Act and our Statement of Principles.
Statement of Principles (gamblingcommission.gov.uk)
Once licensed, gambling operators are subject to ongoing compliance requirements and are subject to regulatory action should they fail to meet their licence requirements.
Information collated as part of this process is used to assess whether a person or entity is fit to hold a licence.
However, the Gambling Commission do not provide comment on any specific information regarding the licence structure of an operator, unless it is in the public interest to do so. As such, we are unable to confirm or deny whether we hold any information within the scope of your request. Section 31(3) of the FOIA (Law Enforcement) exemption applies.
Section 31(3) of the FOIA (Law Enforcement) exemption applies and therefore we are unable to confirm or deny whether we hold any specific information within the scope of your request.
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 FOIA requires that we consider a public interest test to identify whether there is a wider public interest in fulfilling this request opposed to maintaining the exemption. Gambling operators are required to provide detailed information to the Commission.
Statutory mechanisms exist to compel the provision of information, but this is not always the most effective way to obtain information. We rely on the voluntary supply of information in order to perform our licensing, compliance and policy functions. In operator specific engagement, we rely on open and frank exchanges in order to reach decisions. Disclosing whether we hold operational information without sufficient rationale would undermine this trust and make operators less likely to co-operate with requests in future.
In Favour of Disclosure
We acknowledge that there is a legitimate public interest in promoting the accountability and transparency of the Commission. 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.
In Favour of Maintaining the Exemption
However, to disclose to the public whether we hold this information could impact on the free and frank exchange of information between the Commission and gambling operators which could ultimately result in consumers not being protected from operators who are unfit or incompetent in their activities.
Further to this, confirming or denying information which makes specific individuals or events identifiable is likely to impact on the openness of stakeholders when sharing important information with us or other law enforcement agencies.
Finally, once or if a formal regulatory decision has been made or there is agreement of a regulatory settlement, the Commission will ordinarily publish all such decisions in full. Fulfilling this request may prejudice the outcome of any ongoing or future investigation by the Commission, or another body, to the detriment of the public interest.
Weighing the Balance
Given the points considered, the Commission believes that the interests of the public are better served through maintaining the exemption. The nature of the information requested may prejudice the regulatory work by the Commission Therefore we are not in a position to confirm or deny whether we hold any information in relation to your request.
Further to this, the Data Protection Act 2018 requires personal data to be processed lawfully, fairly and in a transparent manner in relation to the data subject. It is the view of the Commission that confirming whether we do or do not hold the personal information falling within the scope of your request would constitute the disclosure of personal data and would contravene this principle. This information is therefore exempt under section 40(5) of the FOIA.
Section 40(5B) provides that the duty to confirm or deny does not arise in relation to other information if or to the extent that any of the following applies—
a. giving a member of the public the confirmation or denial that would have to be given to comply with section 1(1)(a)—
(i) would (apart from this Act) contravene any of the data protection principles.
It is the view of the Commission that confirming whether we do or do not hold information relating to the individuals named in your request would in itself constitute the disclosure of personal data and would not be fair and lawful.
On balance, there is no legitimate public interest in confirming or denying this information and it would not be fair to do so. This information is therefore exempt under section 40(5) of the FOIA.
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