Consultation response
2023 Consultation on proposed changes related to financial penalties: Consultation Response
This response sets out our position in relation to the consultation on the proposed changes to the Statement of Principles for Determining Financial Penalties.
Contents
- Executive summary
- Introduction
- Summary of responses and our position
-
- Proposal 1: Principles for determining financial penalties
- Proposal 2: The framework of policies and procedures
- Proposal 3: The legal framework
- Proposal 4: The scope of this document
- Proposal 5: Key considerations
- Proposal 6: The purpose of imposing a financial penalty
- Proposal 7: Criteria for the imposition of a financial penalty
- Proposal 8: Criteria for determining the quantum of a financial penalty
- Proposal 9: Step 1 - Detriment to consumers and/or financial gain to the licensee
- Proposal 10: Step 2 (a) - The seriousness of the breach to determine the starting point of the penal element
- Proposal 11: Step 2 (b) - Determining the starting point of the penal element of the fine
- Proposal 12: Step 3 - Mitigating and aggravating factors
- Proposal 13: Step 4 - Adjustment for deterrence
- Proposal 14: Step 5 - Discount for early resolution
- Proposal 15: Step 6 - Affordability
- Proposal 16: Step 7 - Proportionality
- Proposal 17: Procedural matters, payment plans, time limits and payments in lieu of financial penalties
- Proposal 18: Indicative sanctions guidance
- Proposal 19: Impact of the proposals on protected characteristics stated in the Equality Act 2010
- Annex
Proposal 16: Step 7 - Proportionality
Step 7 was not included in the proposed version of the Statement of Principles for Determining Financial Penalties (SoPfDFP) or provided for in the consultation document.
Respondents’ views
There were numerous instances in the feedback provided by the respondents throughout the responses to the consultation document where the need for proportionality was raised.
Our position
We have considered the comments raised by stakeholders in the consultation responses and have included an additional step, Step 7, in the amended version of the SoPfDFP. This step has been included to allow for the Gambling Commission to consider whether the sum of the financial penalty, arrived at after Step 6, is proportionate in all the circumstances.
Final wording
This requirement will come into force on 10 October 2025.
Paragraph 2.34 of the amended SoPfDFP
Step 7 - Proportionality
2.34. As a final step, the Commission will consider whether the sum which is proposed as a financial penalty as a result of Step 6 is proportionate in all the circumstances.
Proposal 15: Step 6 - Affordability Next section
Proposal 17: Procedural matters, payment plans, time limits and payments in lieu of financial penalties
Last updated: 10 July 2025
Show updates to this content
No changes to show.