Lord Mancroft

There were over 1,600 responses to the consultation. We are carefully considering the evidence and hope to respond to the consultation in the first half of this year.

As part of our work on the Digital Charter, the Department for Digital, Culture, Media and Sport published an Internet Safety Strategy on 11 October which focuses on keeping all users safe online. The Strategy covers the responsibilities of companies to their users, the use of technical solutions to prevent online harms and Government's role in supporting users.

The Strategy consults on the introduction of the social media code of practice, as laid out in the Digital Economy Act 2017, which will address conduct that involves bullying or insulting an individual online, or other behaviour likely to intimidate or humiliate the individual.

The consultation will close on 7 December and we will publish a Government response in early 2018.

The Gambling Commission considers a range of criteria when sharing information and is subject to oversight on data protection and use of surveillance powers by the Information Commissioner, the Interception of Communications Commissioner and the Office of Surveillance Commissioners. In view of the complexity of this area I have asked the Gambling Commission’s Chief Executive to write to my noble Friend directly on the matter of information sharing. A copy of her letter will be placed in the Libraries of both Houses.

The Gambling Commission considers a range of criteria when sharing information and is subject to oversight on data protection and use of surveillance powers by the Information Commissioner, the Interception of Communications Commissioner and the Office of Surveillance Commissioners. In view of the complexity of this area I have asked the Gambling Commission’s Chief Executive to write to my noble Friend directly on the matter of information sharing. A copy of her letter will be placed in the Libraries of both Houses.

Intellectual property relating to gambling software is only one of the factors that is relevant to understanding where control of the product sits. There are also other factors that are relevant when considering who needs a gambling software licence for example who is responsible for the design and functionality of the software and what the contract says in terms of responsibilities and liabilities. One relevant activity caught by Section 41 of the Gambling Act 2005 is adaptation, and so the person who actually undertakes that adaptation will need to be licensed.

Intellectual property relating to gambling software is only one of the factors that is relevant to understanding where control of the product sits. There are also other factors that are relevant when considering who needs a gambling software licence for example who is responsible for the design and functionality of the software and what the contract says in terms of responsibilities and liabilities. One relevant activity caught by Section 41 of the Gambling Act 2005 is adaptation, and so the person who actually undertakes that adaptation will need to be licensed.

The Gambling Commission is the expert body on gambling licensing and it is for the Commission to determine the best way to achieve the desired policy outcomes and what advice and guidance it is appropriate to offer the regulated industry.

The Gambling (Licensing and Advertising) Act 2014 does not affect existing position in respect of the Gambling Commission’s ability to share information with overseas regulators.

The type of information that the Gambling Commission may share with overseas regulators in the course of carrying out its licensing and regulatory functions will depend on the circumstances. Of course, all information is shared subject to generally applicable legal requirements such as those arising under data protection law.

The Gambling Commission’s advice note “What is gambling software?” explains that, “Where the third party is only providing part of a game, such as artwork, under the control and design specifications of Company Y, then this indicates Company Y is in control and is the entity to hold a gambling software licence whereas the third party does not” (para 4.13). This equally applies to those that provide other aspects of the overall game for example sound effects and language translation services.

The Remote Gambling and Software Technical Standards clearly differentiate between requirements which are mandatory and those provisions which are guidance. The Government has not received any communication from businesses about the guidance.

The Gambling Commission has no immediate plans to add to the guidance already given, but will add answers to any specific questions or points that may emerge in the Commission’s Frequently Asked Questions blog.

The Commission has held a number of meetings with software suppliers and users to discuss matters such as the length of time for suppliers to obtain the necessary licences. On current plans the requirement for licensed remote gambling operators to source their gambling software from Commission licensed gambling software businesses has been deferred until 30 January 2015. In addition, the Commission has published an advice note titled ‘What is gambling software?’. The Commission has also demonstrated its awareness of the commercial implications of its requirements by its willingness to contemplate ‘umbrella’ licensing arrangements in some circumstances.

The Gambling Commission does not publish the reasoning behind all licence decisions, only those where there is a public interest in doing so. There are no plans to change this process.

The Gambling Commission has identified significant differences between its own auto-play requirements and those currently available to British consumers from operators based in other jurisdictions where they can currently offer gambling to the British market. The Commission is currently consulting on improvements to auto-play requirements and wanted to avoid unnecessary investment by operators to change their auto-play functionality whilst this is underway. There has been no concession in relation to the technical standard on clock display.

The consultation on minor updates and amendments to the Commission’s statement of principles for licensing and compliance ending on 30 September 2014, does not affect the timetable for applications for gambling software licences.

The Gambling Commission’s publication ‘What is gambling software?’ (June 2014) provides advice to assist the industry in understanding who needs a gambling software licence. This covers what constitutes the activities of manufacturing, supplying, installing and adapting gambling software, considers circumstances where multiple parties are involved in the development process and who needs a licence. The guide can be found at the following link:

http://www.gamblingcommission.gov.uk/pdf/What is gambling software - June 2014.pdf

The requirement to obtain gambling software from Gambling Commission-licensed providers is an important provision both to ensure the integrity of gambling software and to keep crime out of gambling, and ensures a consistent approach for remote gambling operators based in Britain and overseas. This requirement is set out in the Commission’s Licence Conditions and Codes of Practice and was subject to statutory consultation this year.

The Gambling Commission’s publication ‘What is gambling software?’ (June 2014) provides advice to assist the industry in understanding who needs a gambling software licence. This covers what constitutes the activities of manufacturing, supplying, installing and adapting gambling software, considers circumstances where multiple parties are involved in the development process and who needs a licence. The guide can be found at the following link:

http://www.gamblingcommission.gov.uk/pdf/What is gambling software - June 2014.pdf

The requirement to obtain gambling software from Gambling Commission-licensed providers is an important provision both to ensure the integrity of gambling software and to keep crime out of gambling, and ensures a consistent approach for remote gambling operators based in Britain and overseas. This requirement is set out in the Commission’s Licence Conditions and Codes of Practice and was subject to statutory consultation this year.

The Gambling Commission’s publication ‘What is gambling software?’ (June 2014) provides advice to assist the industry in understanding who needs a gambling software licence. This covers what constitutes the activities of manufacturing, supplying, installing and adapting gambling software, considers circumstances where multiple parties are involved in the development process and who needs a licence. The guide can be found at the following link:

http://www.gamblingcommission.gov.uk/pdf/What is gambling software - June 2014.pdf

The requirement to obtain gambling software from Gambling Commission-licensed providers is an important provision both to ensure the integrity of gambling software and to keep crime out of gambling, and ensures a consistent approach for remote gambling operators based in Britain and overseas. This requirement is set out in the Commission’s Licence Conditions and Codes of Practice and was subject to statutory consultation this year.

The Gambling Commission’s publication ‘What is gambling software?’ (June 2014) provides advice to assist the industry in understanding who needs a gambling software licence. This covers what constitutes the activities of manufacturing, supplying, installing and adapting gambling software, considers circumstances where multiple parties are involved in the development process and who needs a licence. The guide can be found at the following link:

http://www.gamblingcommission.gov.uk/pdf/What is gambling software - June 2014.pdf

The requirement to obtain gambling software from Gambling Commission-licensed providers is an important provision both to ensure the integrity of gambling software and to keep crime out of gambling, and ensures a consistent approach for remote gambling operators based in Britain and overseas. This requirement is set out in the Commission’s Licence Conditions and Codes of Practice and was subject to statutory consultation this year.

The Gambling Commission’s publication ‘What is gambling software?’ (June 2014) provides advice to assist the industry in understanding who needs a gambling software licence. This covers what constitutes the activities of manufacturing, supplying, installing and adapting gambling software, considers circumstances where multiple parties are involved in the development process and who needs a licence. The guide can be found at the following link:

http://www.gamblingcommission.gov.uk/pdf/What is gambling software - June 2014.pdf

The requirement to obtain gambling software from Gambling Commission-licensed providers is an important provision both to ensure the integrity of gambling software and to keep crime out of gambling, and ensures a consistent approach for remote gambling operators based in Britain and overseas. This requirement is set out in the Commission’s Licence Conditions and Codes of Practice and was subject to statutory consultation this year.

Yes, subject to meeting the criteria set out in Statutory Instrument (2014 Nos. 1675 and 1641), live dealer studios in the European Economic Area and White-list states currently permitted to operate in Britain are eligible.

Gambling operators can make one application to the Gambling Commission for multiple activities.

The Gambling Commission is responsible for ensuring that the costs of applying for a Commission licence, and the regulatory burden of complying with it, are the minimum necessary to ensure compatibility with the licensing objectives.

The Commission keeps its licensing arrangements and licence conditions and codes (LCCP) under review. Recently it consulted on improved licensing processes for moving to an online licence application process, and introducing a multi-jurisdictional form to reduce the costs for applicants applying for licences in more than one jurisdiction.

In advance of the Gambling (Licensing and Advertising) Act 2014 coming into force on 1^st October, the Commission has been working with operators and overseas regulators to avoid duplication and undue regulatory burden wherever possible – for example, minimising the need for operators to duplicate material or assurances that can be obtained from an operator's host nation regulator. These consultations have enabled the Commission to take into account the impact on the relative attractiveness of operating legally in a regulated market compared to the risks of operating illegally.

The Gambling Commission is responsible for ensuring that the costs of applying for a Commission licence, and the regulatory burden of complying with it, are the minimum necessary to ensure compatibility with the licensing objectives.

The Commission keeps its licensing arrangements and licence conditions and codes (LCCP) under review. Recently it consulted on improved licensing processes for moving to an online licence application process, and introducing a multi-jurisdictional form to reduce the costs for applicants applying for licences in more than one jurisdiction.

In advance of the Gambling (Licensing and Advertising) Act 2014 coming into force on 1^st October, the Commission has been working with operators and overseas regulators to avoid duplication and undue regulatory burden wherever possible – for example, minimising the need for operators to duplicate material or assurances that can be obtained from an operator's host nation regulator. These consultations have enabled the Commission to take into account the impact on the relative attractiveness of operating legally in a regulated market compared to the risks of operating illegally.

The Gambling Commission is responsible for ensuring that the costs of applying for a Commission licence, and the regulatory burden of complying with it, are the minimum necessary to ensure compatibility with the licensing objectives.

The Commission keeps its licensing arrangements and licence conditions and codes (LCCP) under review. Recently it consulted on improved licensing processes for moving to an online licence application process, and introducing a multi-jurisdictional form to reduce the costs for applicants applying for licences in more than one jurisdiction.

In advance of the Gambling (Licensing and Advertising) Act 2014 coming into force on 1^st October, the Commission has been working with operators and overseas regulators to avoid duplication and undue regulatory burden wherever possible – for example, minimising the need for operators to duplicate material or assurances that can be obtained from an operator's host nation regulator. These consultations have enabled the Commission to take into account the impact on the relative attractiveness of operating legally in a regulated market compared to the risks of operating illegally.

The report ‘The UK betting and gaming market: estimating price elasticities of demand and understanding the use of promotions” was published in June 2014, after the Gambling (Licensing and Advertising) Act 2014 had been introduced.

The assessment of the impact of the reforms to remote gambling taxation is available in the relevant Tax Information and Impact Note published at Autumn Statement 2013, available on the Government's website.

The Gambling Commission has a statutory duty to promote three licensing objectives, the first of which is: preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime. The Government is confident that the Gambling Commission has the tools it needs to fulfil this duty.