Regulatory decisions: Procedures and guidance for regulatory hearings
The purpose of this guidance
The purpose of this guidance is to assist Directors or the Regulatory Panel (the Panel) to carry out their regulatory functions in accordance with the Gambling Commission’s (the Commission) policies and procedures and to comply with the law1.
A key aim of this guidance is to ensure that there are no grounds for suggesting that a decision maker has been biased, partial or that the decision is not well founded in any way. This guidance also seeks to ensure that the Commission meets the requirements of the Human Rights Act 1998 (opens in new tab) and the principles of natural justice.
This guidance needs to be read in conjunction with:
- the Statement of principles for licensing and regulation, issued pursuant to section 23 of the Gambling Act 2005 (‘the Act’) (opens in a new tab)
- the Licensing, Compliance and Enforcement policy statement
- the Statement of principles for determining financial penalties (issued pursuant to section 121 of the Act)
- the Indicative sanctions guide (PDF).
The licensing objectives
In carrying out its functions under the Act, the Commission is under a duty to pursue and wherever appropriate have regard to the licensing objectives, which are:
- preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime
- ensuring that gambling is conducted in a fair and open way
- protecting children and other vulnerable people from being harmed or exploited by gambling.
The Commission must also aim to permit gambling, in so far as the Commission thinks it reasonably consistent with pursuit of the licensing objectives.
1 There is a separate policy that provides guidance on licensing decisions entitled Licensing Decisions: Procedures and Guidance for licensing hearings September 2017.
Scheme of delegations
Last updated: 16 May 2022
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