Fourth National Lottery Licence: Regulatory Handbook
12. Condition 9: Ensuring Access to the National Lottery
12.1 This section provides examples of the factors and types of evidence we may have regard to, in relation to compliance with Condition 9. Note that Condition 9 is subject to Condition 8 on Protecting Participants’ Interests, described in section 11 above.
12.2 Whilst Condition 9 concerns ensuring access to the overall National Lottery, similar obligations and outcomes are set out in Section 6 Licences regarding access to specific Games. As such, the material in this section also applies to Section 6 Licence obligations where relevant.
12.3 At a general level, when considering compliance with Condition 9 we may have regard to the Licensee’s organisational approach to managing the network of Sales Outlets, as well as how the approach, and its implementation, is evaluated.
12.4 Where the Licensee’s Application included proposals to launch certain distribution channels 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 9.1. 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.
12.5 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).
12.6 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
- managing the network of Sales Outlets, 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
- encouraging Retailers to contribute to the aim of maximising the National Lottery’s appeal and reach, for example by supplying a wide range of National Lottery products that are easily accessible to Participants.
12.7 We may have regard to evidence that captures the appeal and reach 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 network of Sales Outlets, and any consequent impact on other areas, such as sales volumes and Good Causes Contributions.
12.8 We note that the overriding duty set out in Condition 9.1 refers to entering Games throughout the UK, while Condition 9.4 sets out obligations related to overseas access.
12.9 For the purposes of Condition 9.4 of the Section 5 Licence, a person located outside of the UK will be deemed to have participated in the National Lottery or any Game if:
- a ticket was sold or offered for sale to that person by or on behalf of the Licensee at or from premises located outside the UK
- a ticket was delivered or sent by or on behalf of the Licensee to that person at a place outside the UK
- a Prize is paid to that person17 by or on behalf of the Licensee in any currency other than GBP, or where the person validating the ticket or paying the Prize reasonably believes that payment is being made directly for the credit of an account outside the UK.
12.10 We may have regard to the robustness of the Licensee’s approach to achieving the outcome set out in Condition 9.4.
12.11 We may also have regard to the Licensee’s approach to managing and developing Physical Sales Locations, as well as other types of Sales Outlets. The Licensee has flexibility to determine the type and distribution of Physical Sales Locations and Sales Outlets it uses, subject to the Fourth Licence definition of these terms, to its Licence obligations (including Condition 9.2, which sets a specific requirement for availability of tickets at Physical Sales Locations) and to any other applicable restrictions such as those stated in the National Lottery Regulations 1994. We may also have regard to the Retailer Charter, which the Licensee is required to establish and operate under Condition 10.5.
17 In this context, “person” is interpreted as set out in Schedule 2 of the Licence, as including any individual, company, corporation, firm, partnership, joint venture, association, state, state agency, institution or trust (whether or not having a separate legal personality). For example, the person selling the ticket may be the Licensee or a retailer.
11. Condition 8: Protecting Participants’ Interests Next section
13. Condition 11: Having an appealing but safe portfolio of Games
Last updated: 1 February 2024
Show updates to this content
No changes to show.