Footnotes
1Subject to the presence in Great Britain of at least one piece of remote gambling equipment used in the provision of the relevant facilities: section 36(3)(a), or circumstances where gambling facilities are used by consumers in Britain: section 36(3)(b).
2This may be a remote betting intermediary (trading room only) operating licence depending on the range of facilities provided.
3This requirement is set out in licence condition 16.
4Section 353(2)(a).
5 Note that section 40 creates an exemption from committing an offence under section 37 (use of premises for gambling) for anything done in relation to football pools in accordance with an authorisation under section 93 (3), as to which see under “conditions”.
6With the exception of the restricted circumstances, which are covered by low or no cost ancillary remote licences, a full price remote licence will be required. Further details of this are provided in The Gambling (Fees) Regulations 2006. As indicated above, the Commission recognised when the Act’s licensing regime first came into force that requiring bookmakers to incur the full cost of a remote operating licence simply in relation to the occasional telephone betting services which they already offered, would represent an unnecessary regulatory burden. Consequently, in addition to full remote operating licences, it is possible to obtain permissions for remote gambling which are ancillary to a non-remote operating licence; namely an ‘ancillary remote operating licence’ to cover a bookmaker receiving bets by telephone, SMS messaging or email provided bets are manually processed by the licensed bookmaker.
7 See also sections 353(2)(a) and 296(3).
8 Subsection (2) relates to acceptance of bets on a track in reliance on an occasional use notice and is omitted as not relevant for the purposes of this note.
9 At present the only licence to which the section applies is the pool betting licence held by Tote (Successor Company) Limited alongside its exclusive licence under the Horserace Betting and Olympic Lottery Act 2004.
10 The Commission will keep this condition under review in the light, among other things, of experience of developments in the betting industry following publication of this advice note.
11The use of EPOS terminals by an operator’s staff members to transmit information from one part of the licensed entity to another are not caught by this requirement.
12 Section 68(5)(c).
13 This may be a remote betting intermediary (trading room only) operating licence depending on the range of facilities provided.
14 This list is not intended to be exhaustive.
15 Section 235(2)(c).
16 Sections 68(5) & 172(8).
17 For the purposes of this Note it is assumed that the betting offered in Models 2,3 and 4 is not pool betting.
18 A third party betting provider that is either a betting intermediary/exchange, holds a remote general betting (standard) operating licence.
19 This model is commonly referred to as a trading room.
20 Section 68(5)&(6).
21 Sometimes called arbitraging by exploiting price differences between different betting markets for financial gain or to mitigate losses.
22 5 Section 235(2) (c).
23 This may be a remote betting intermediary (trading room only) operating licence depending on the range of facilities provided.
24 Section 235(2) (c).
Previous pageApplying the previous principles to some examples of the types of arrangements the Commission has encountered
Last updated: 4 May 2021
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