Consultation response
January 2025 - Gaming Machine Consultation: Part 1 Response
Our position in relation to the licence condition proposal included in the Gaming Machine Technical Standards, Gaming Machine Testing Strategy and LCCP consultation.
Summary of responses and our position
Proposal
We proposed to introduce a new general licence condition to simplify our compliance and enforcement processes and enable us to ensure that non-compliant machines are removed from the market. If there are reasons that licensees are not aware that a gaming machine does not comply with the Gaming Machine Technical Standards, we would expect them to react appropriately once they are made aware by written notification from the Gambling Commission. Failure to act in accordance with such a notification would amount to a breach of a licence condition which could result in a range of enforcement actions such as a financial penalty being imposed either following a licence review under section 116 of the Gambling Act 2005 (the Act), or without a review having taken place.
We therefore proposed in the consultation to introduce a general licence condition in line with the provision in section 86(2) of the Act (which will be implemented by virtue of section 75 of the Act). The condition would be applicable to all non-remote operating licences that can make gaming machines available for use.
We proposed that the implementation date for the new licence condition would be at least 6 months, noting that this would be in line with other proposals in the consultation.
Consultation questions
To what extent do you agree with the proposal to introduce a general licence condition?
To what extent do you agree with the wording of the general licence condition proposal?
To what extent do you agree with the proposal that the implementation date for the general licence condition will be approximately 6 months?
Respondents’ views
The consultation responses showed that most respondents were supportive of the proposal and the majority agreed that the new licence condition should be introduced. Some respondents requested further clarification on how the licence condition would be enforced and requested that licensees have the option to remove machines that are identified as non-compliant before enforcement action is taken. Of those respondents who were not in favour, this was due to concern about being unable to identify non-compliant machines due to limited knowledge or expertise.
The majority of respondents also agreed with the proposed wording for the new licence condition. We only received a small number of substantive responses to this question, and those who did respond asked for a definition for ‘specified gaming machine’, whether the licence condition could be extended to cover gaming machines and/or games, and clarity on points raised in the previous question on this proposal. There was a similar request for guidance on what would constitute a ‘notification in writing’ and what steps should be expected of the licensee upon receiving a notification.
Although limited in numbers, the majority of respondents did not agree with the proposed implementation timeframe of approximately 6 months. The preferred option for the implementation date for the new licence condition was for it to align with the timeline for the latest implementation date for other proposals taken forward as part of the consultation.
Our position
We have carefully considered all of the responses to these consultation questions and have decided to proceed with the introduction of the proposed licence condition to require removal of non-compliant gaming machines once notified in writing by the Commission.
We would like to re-iterate that licensees who make gaming machines available for use already have responsibilities with regards to ensuring compliance with the relevant requirements laid out by the Act and within Regulations. This includes, for example, ensuring that machine entitlements are adhered to, that gaming machines are supplied, installed, adapted, maintained or repaired in accordance with an operating licence and taking reasonable steps to ensure readily identifiable display of information requirements are met.
In response to the concerns raised by some respondents, it is noted that all licensees will have the ability to comply with the new licence condition by removing a specified gaming machine(s) on receipt of a written notification from the Commission. Where licensees react positively (by removing a specified gaming machine(s)) there would be no breach of this licence condition. However, we wish to remind licensees that the need for enforcement action is determined on a case-by-case basis dependent upon all the facts and evidence available to us. We may consider that a licence review is still appropriate because we suspect a licensee may be unsuitable to carry on the licensed activities if, for example, they had failed to take reasonable steps to ensure that the specified gaming machine(s) were made available for use lawfully and/or the licensee had a history of non-compliance.
Respondents requested clarity on how the Commission defines a ‘specified gaming machine’ and further information on the ‘notification’ process and a notification in writing. A ‘specified gaming machine’ is one which would be identified clearly within the written notification. Information could include, for example, the machine name, machine manufacturer, machine category and premises location. Written notifications would be sent via the primary contact details that licensees are required to maintain, and they would clearly outline why we consider a machine to be non-compliant, the actions required and timelines for completion.
Following consideration of the feedback received with regards to amending the wording of the licence condition to ‘specified gaming machines and/or games’, we don’t consider any amendments are necessary. If there is a game that is non-compliant within a game compendium on a gaming machine we may determine that the game could be removed, rather than the gaming machine. The written notification would make our expectations clear on what action is required.
Although the number of responses was limited, comments on the implementation date were more about the consultation proposals as a whole, rather than to this specific proposal. The new licence condition does not require licensees to implement any technical or process changes and it will simplify our compliance and enforcement processes and enable us to ensure our requirements are met more effectively in the future. This new condition would require licensees to react only if notified by the Commission. We will therefore proceed with implementing the new condition on 29 July 2026.
Final wording
This amendment will come into force on 29 July 2026.
18. Removal of non-compliant gaming machines
18.1. Removal of non-compliant gaming machines
18.1.1. Removal of non-compliant gaming machines
- Licensees must not make a specified gaming machine available for use in reliance on the licence if the Commission has notified the licensee in writing that the manufacture, supply, installation, adaption, maintenance or repair of the machine:
- was not carried out in reliance on a gaming machine technical operating licence, or
- did not comply with the Commission’s gaming machine technical standards.
Applies to: All non-remote casino, bingo, betting, adult gaming centre and family entertainment centre licences.
Introduction - January 2025 - Gaming Machine Consultation: Part 1 Response Next section
Evaluating the impact of relevant changes - January 2025 - Gaming Machine Consultation: Part 1 Response
Last updated: 29 January 2026
Show updates to this content
No changes to show.