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Money Advice Scotland – 2012. Steven McWhirter Compliance Manager Jim McCartan Investigation Manager. Summary. Who we are and what we do Complying with regulation What customers can do What you can do to assist. Gambling Act 2005. Rules of three. Gambling Act 2005.
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Money Advice Scotland – 2012 Steven McWhirter Compliance Manager Jim McCartan Investigation Manager
Summary • Who we are and what we do • Complying with regulation • What customers can do • What you can do to assist
Gambling Act 2005 Rules of three
Gambling Act 2005 Role of Gambling Commission • Regulator for gambling in Great Britain, except spread betting and national Lottery • Took over from Gaming Board: licensing of bingo, bookmakers, casino operators, pools operators, certain lottery operators and managers, gaming machine manufacturers and suppliers, remote gambling operators • Issue codes of practice and guidance (best practice) • Issue operating and personal licences
Gambling Act 2005 Role of the Local Authority • Responsible for licensing of gambling premises • Grant permission for lower stake gaming machines i.e. permits • Register society lotteries below certain prescribed thresholds • To uphold the licensing objectives • To publish a three-year licensing policy for the local authority’s area • To hear applications for premises licenses from applicants who held relevant operating licences on 1st September 2007. (Part 8) • Regulate members clubs – club gaming and machine permits (Sch.12)
Gambling Act 2005 3 Licensing Objectives The three licensing objectives are • Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime • Ensuring that gambling is conducted in a fair and open way and • Protecting children and other vulnerable persons from being harmed or exploited by gambling
Gambling Act 2005 3 Authorities • DCMS – Make the rules and determine (mostly) the maximum fees • Gambling Commission – The National Regulator which deals with Operators’ and Personal Licences (i.e.. People and corporate bodies), gives guidance and liaises with Government • Local Licensing Authority – Deals with local and premises issues, including alcohol licensed premises.
Gambling Act 2005 3 Activities • Gaming means playing a game of chance for a prize (GA 2005 s.6). It does not matter if anyone else is involved or money is to be lost • Betting means accepting a bet on • the outcome of a race, competition or other event or process • the likelihood of anything occurring or not occurring or • whether anything is or is not true (GA 2005 s.9) • Lottery means a situation where people pay to participate in an arrangement where prizes are allocated to one or more members of a class by process which relies wholly on chance (GA 2005 s.14)
Gambling Act 2005 3 Legal Concepts • Gambling can be lawfully offered under the terms of a licence or permit issued under the Act or • Gambling can be lawfully offered if it is entirely within the terms of an exemption defined in the Act or • Gambling is unlawful The law is set out so that every offer of gambling facilities is an offence unless the Act says it is not
Complying with Regulation • Compliance audits • Licence conditions • Codes of practice • Notification of offence or breach • Personal licence conditions • Social responsibility codes
Social Responsibility Codes • Compliance is mandatory • Non-compliance is an offence • Under-age gambling • Information on how to gamble responsibly • Customer interaction • Customer self-exclusion
Social Responsibility Codes • Provision of credit and use of credit cards • Identification of multiple accounts • Fair and open provisions • Incentives or rewards • Complaints and disputes • Marketing and Advertising
Premises Licences • Betting premises (including tracks) • Bingo premises • Casino premises • Adult gaming centres • Family entertainment centres
What customers can do • Seek help from the operator • Self-exclude • Seek help e.g. Gamcare, Gordon Moody Association • Emphasis is on ‘self’ help • Highlight and identify non-compliance
What you can do • The system relies upon responsible operators • It may not always work perfectly • Share information and intelligence • Encourage customers to seek help / exclude • Contact the Commission with concerns
Who could you contact • The Commission or LA? • Compliance and Investigations Managers based in Scotland • Intelligence hotline 0121 230 6655 • The Scottish Government
Contact Details • Steven McWhirter • s.mcwhirter@gamblingcommission.gov.uk • 0121 230 6729 • Jim McCartan • j.mccartan@gamblingcommission.gov.uk • 0121 230 6603