Bonne Terre Limited
Following an investigation outside of a Licence review, the Commission found that Bonne Terre Limited t/a Sky Betting and Gaming (the Licensee) had failed to comply with:
- Social responsibility code of practice (SRCP 3.5.3(2)) “Licensees must, as soon as practicable, take all reasonable steps to prevent any marketing material being sent to a self-excluded customer.”
- SRCP 5.1.11 “Unless expressly permitted by law consumers must not be contacted with direct electronic marketing without their informed and specific consent. Whenever a consumer is contacted the consumer must be provided with an opportunity to withdraw consent. If consent is withdrawn the licensee must, as soon as practicable, ensure the consumer is not contacted with electronic marketing thereafter unless the consumer consents again. Licensees must be able to provide evidence which establishes that consent.”
The failure to comply with an SRCP is a breach of a licence condition of by virtue of section 82(1) of the Gambling Act 2005 (“the Act”).
In line with the Commission’s Licensing, compliance and enforcement policy statement, the Indicative sanctions guidance and the Statement of principles for determining financial penalties, the Commission has decided to impose a financial penalty of £1,170,000 under section 121(1) of the Act.
Commission Officials note the immediate remedial action that was taken by the Licensee and acknowledge that the Licensee has co-operated with the Commission throughout the investigation.