Fourth National Lottery Licence: Regulatory Handbook
13. Condition 11: Having an appealing but safe portfolio of Games
13.1 This section provides examples of the factors and types of evidence we may have regard to, in relation to compliance with Condition 11. Note that Condition 11 applies to the portfolio of Games as a whole, but additional requirements related to individual Games will be specified within Section 6 Licences.
13.2 At a general level, when considering compliance with Condition 11 we may have regard to the Licensee’s organisational approach to managing the portfolio of Games, as well as how the Licensee evaluates its approach, and implementation.
13.3 Where the Licensee’s Application included proposals to launch certain Games during the Term of the Fourth Licence, we may take account of any failure by the Licensee to implement those proposals in full in assessing whether the Licensee has fulfilled the requirements of Condition 11.1. At the same time, we recognise that the Licensee’s approach may reasonably change over time in order to meet the outcomes set out in the Fourth Licence.
13.4 Therefore, we may also consider if and how the Licensee's approach has developed over time, including in response to:
- evidence on its effectiveness
- market, legal, regulatory or technological developments relevant to the National Lottery
- relevant changes in circumstances that might affect the Licensee’s approach, including any changes outside the control of the Licensee (for example, broader shifts in relevant consumer behaviour or legislation).
13.5 More specifically, we may have regard to factors such as the Licensee’s approach in the following areas:
- monitoring and understanding relevant trends and opportunities in consumer behaviour, preferences and perceptions, for example through consumer surveys, analysis of data collected as part of operating the National Lottery, and consideration of wider third-party sources of information and analysis
- developing and managing the Games portfolio, including in response to trends and opportunities such as those discussed above, and any relevant wider trends, such as the emergence of new technologies and platforms across consumer sectors, or examples of innovation and best practice from other lotteries and the gambling sector internationally.
13.6 We may have regard to evidence that captures the appeal and accessibility of the National Lottery (such as consumer survey evidence), as well as any evidence of the impact on National Lottery appeal and reach of any material changes made by the Licensee to the portfolio of Games, and any consequent impact on other areas, such as sales volumes and Good Causes Contributions.
13.7 In certain circumstances, the outcomes set out in Condition 11.1 and Condition 1.2(c) may be related, for example where low appeal or accessibility of the Games portfolio may have negatively affected Good Causes Contributions, or may negatively affect them in the future. See section 8 for further information.Previous section
12. Condition 9: Ensuring Access to the National Lottery Next section
14. Condition 13: The National Lottery Brand and reputation
Last updated: 1 February 2024
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