Shaftesbury Casino Limited
Following a review of the operating licence undertaken against Shaftesbury Casino Limited (the Licensee), the Commission found the Licensee:
- Failed to comply with ordinary code provision (OCP) 1.1.1 (Cooperation)
- Failed to comply with ordinary code provision (OCP) 8.1.1 (Information requirements).
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:
- issue a warning under section 117 (a) of the Gambling Act 2005 (the Act).”
The Licensee did not disclose at an early stage, information which the Commission would reasonably need to have been aware of in exercising its regulatory functions.?This includes, in particular, anything that is likely to have a material impact on the Licensee’s business. The Licensee chose to cease paying regulatory settlement instalments without advance contact with, or approval by, Commission officials. This was particularly concerning for the Commission given regulatory settlements are entered into with a degree of trust that Licensees will work openly and in a timely manner to ensure the terms of such settlements are fully met.
The Commission expects Licensees to work with it in an open and cooperative way and to inform it of any matters it would reasonably need to be aware of in exercising its regulatory functions. These include in particular matters that will have a material impact on the Licensee’s business. The Licensee chose to suspend agreed monthly payments to a nominated charity due to financial constraints. However, this decision was made without regard to the impact this would have on the charity meeting its obligations and planned deliverables. Commission officials were concerned the Licensee decided to cease meeting the requirements of a regulatory settlement in favour of ensuring personal tax liabilities were met, entirely of its own volition, without discussion with the Commission.