Source · Select Committees · Culture, Media and Sport Committee
Second Report - Gambling regulation
Culture, Media and Sport Committee
HC 176
Published 21 December 2023
Recommendations
1
Not Addressed
Para 13
Publish detailed timetable for delivery of Gambling White Paper proposals and legislation.
Recommendation
It is welcome that the Government and Gambling Commission are proceeding with the various consultations on the White Paper at pace, but delivering its main proposals by summer next year will be challenging and at risk from wider political events. …
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Government Response Summary
The government did not provide a detailed timetable for the delivery of the White Paper's proposals or the introduction of primary legislation, instead explaining its chosen implementation approach via existing powers and secondary legislation.
Department for Culture, Media and Sport
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2
Acknowledged
Para 15
Ensure thorough White Paper consultations receive input from an appropriate range of stakeholders.
Recommendation
Though speed is a necessity, the Government and Gambling Commission must ensure that the White Paper consultations are thorough and receive input from an appropriate range of stakeholders.
Government Response Summary
The government agrees on the need for thorough consultations with appropriate stakeholders, noting the importance of speed in implementing new protections, and states that their ongoing consultation process has already provided invaluable evidence.
Department for Culture, Media and Sport
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4
Acknowledged
Para 25
Address unlicensed gambling sites targeting self-excluded users through new legislative powers.
Recommendation
We consider that while it will be important to monitor the size of the black market in response to greater regulation, more pertinent is the fact that, right now, a number of easily-accessible illegal sites are targeting some of those …
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Government Response Summary
The government states it is working to deliver the Gambling Act review proposals by summer 2024 through various vehicles like existing powers, secondary legislation, and industry action, prioritizing quick reforms over a comprehensive Bill. It does not explicitly confirm legislation for new powers against illegal operators in the current parliamentary session or outline a specific plan for self-excluded individuals.
Department for Culture, Media and Sport
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5
Acknowledged
Require the Gambling Commission to set out plans to improve black market monitoring
Recommendation
While the black market is a risk the Government and Gambling Commission must be mindful of, it should not deter appropriate regulation of the licensed sector. The debate about the threat posed by the black market partly stems from a …
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Government Response Summary
The government states it is working at pace to deliver the white paper's 62 policy proposals by summer 2024, implementing reforms quickly. However, it does not specifically outline plans for improving its knowledge of the black market as recommended.
Department for Culture, Media and Sport
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6
Accepted
Para 36
Oversee a pilot of new financial risk checks to determine customer acceptability and thresholds
Recommendation
While we support the principle of financial risk checks, the Government must ensure they are minimally intrusive, and that customers’ financial data are properly protected. The Government and the Gambling Commission must also establish what level of “friction” involved in …
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Government Response Summary
The government accepts the recommendation, committing to a proportionate and frictionless system for financial risk checks with data protection. They confirm the Gambling Commission will undertake a pilot for enhanced risk assessments to refine data-sharing processes and inform final thresholds.
Department for Culture, Media and Sport
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7
Accepted
Para 37
Require Government and Gambling Commission to detail progress on single customer view mechanism
Recommendation
Financial risk checks will only be fully effective in preventing harm when they work across all online operators with whom a customer has an account. In its response to this report, the Government and the Gambling Commission must set out …
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Government Response Summary
The government and Gambling Commission agree on the need for a single customer view and are progressing an industry-led pilot scheme called GamProtect, which has been operational since February 2023 and rolled out to additional operators in April 2024 to share high-risk player data.
Department for Culture, Media and Sport
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8
Accepted
Para 44
Require Government to consider point-of-sale risk information for online gambling products
Recommendation
We support the White Paper’s proposals to make online gambling products safer by design. Improving understanding of what affects products’ risk of harm should be a priority, and Government should keep its position on a safety testing regime under review …
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Government Response Summary
The government accepted the recommendation, stating that the Department of Health and Social Care has initiated a review to develop a robust new approach to informational messaging throughout the user journey, including at the point-of-sale.
Department for Culture, Media and Sport
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9
Accepted
Para 49
Set online slots stake limits to match land-based machines and not exceed £5
Recommendation
The high degree of accessibility of online slots negates the additional protection provided by account-based play. Setting a limit for online slots at the same level as Category B gaming machines, at between £2 and £5, takes account of the …
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Government Response Summary
The government has confirmed the introduction of statutory maximum stake limits of £5 per spin for adults over 25 and £2 per spin for young adults aged 18-24, aligning with the committee's recommendation. These limits will take effect in September via new licence conditions.
Department for Culture, Media and Sport
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10
Acknowledged
Compel operators to encourage deposit limits and mandate them for vulnerable customers
Recommendation
We welcome further work on proactive tools. Operators should be compelled to proactively encourage customers to set online deposit limits. Where potential harm of financial vulnerability is indicated, online deposit limits should be mandatory. (Paragraph 51) Children and young adults
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Government Response Summary
The government acknowledges the suggestions to compel operators to encourage deposit limits and make them mandatory for vulnerable customers, responding that the Gambling Commission recently consulted on optimizing account-level tools to improve access and effectiveness of customer-led pre-commitment tools.
Department for Culture, Media and Sport
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11
Not Addressed
Para 62
Review the case for banning children's access to all social casino games
Recommendation
Social casino products are the latest example of the convergence between video games and gambling. Though it has responded to the specific issue of loot boxes, the Government must address this wider trend to ensure harms, particularly to children, are …
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Government Response Summary
The government repeats the recommendation verbatim.
Department for Culture, Media and Sport
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14
Accepted
Para 84
Implement further regulation on gambling advertising beyond current government proposals
Recommendation
While the existing evidence base does not show a causative link between gambling advertising and harm, it seems clear that advertising encourages participation in gambling and that this effect is more pronounced for children and those vulnerable to gambling harm. …
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Government Response Summary
The government acknowledged the need for continued action on advertising, referring to existing White Paper proposals and Betting and Gaming Council commitments, such as 20% safer gambling messaging and 25+ age targeting for digital ads.
Department for Culture, Media and Sport
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15
Accepted
Para 85
Require gambling sponsorship code to reduce adverts and mandate more safer gambling messaging.
Recommendation
The withdrawal of gambling sponsorship from the front of Premier League players’ kit is welcome, but it will not significantly reduce the volume of gambling adverts visible during top-flight matches. The Government must work with the Premier League and the …
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Government Response Summary
The government accepted the recommendation, confirming the finalised cross-sport gambling sponsorship Code of Conduct stipulates that a proportion of in-stadia sponsorship inventory will be used for dedicated safer gambling messaging, with arrangements due ahead of next season.
Department for Culture, Media and Sport
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16
Deferred
Require sporting bodies to publish the gambling sponsorship code without further undue delay.
Recommendation
The publication of the Code has been delayed repeatedly which is highly regrettable. The Government should require the relevant sporting bodies to publish the Code, incorporating the committee’s recommendations, without further undue delay. (Paragraph 86) Land-based gambling
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Government Response Summary
The government's response discusses financial risk checks in gambling and the Gambling Commission's upcoming consultation response on this topic, completely ignoring the recommendation to require sporting bodies to publish 'the Code'.
Department for Culture, Media and Sport
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17
Deferred
Para 97
Ensure customers can continue using cash payments on electronic gaming machines after cashless introduction.
Recommendation
We support the introduction of cashless payments for electronic gaming machines, provided they are subject to an equivalent level of friction to cash payments. We recommend that customers who prefer to pay on electronic gaming machines using cash should continue …
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Government Response Summary
The government welcomed the principle of financial risk checks and committed to a proportionate system, stating the Gambling Commission will publish its consultation response and pilot enhanced risk assessments. It did not directly address the recommendation regarding cashless payments on gaming machines or the continuation of cash options.
Department for Culture, Media and Sport
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18
Accepted
Para 100
Require Government and Commission to publish monitoring plan for land-based gambling reform impacts.
Recommendation
The accessibility of online gambling means that some of the supply-level restrictions on the land-based sector are less relevant than when the Gambling Act 2005 was passed. The Committee therefore considers that the White Paper’s proposed reforms to modernise land-based …
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Government Response Summary
The government commits to monitoring the impact of changes to the land-based sector, particularly Category B machines, by using regular Gambling Commission statistics, continuing to collect in-depth data from industry on player behaviour, and leveraging the Commission's stakeholder engagement and compliance assessments.
Department for Culture, Media and Sport
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19
Accepted in Part
Provide councils with guidance on applying cumulative impact assessments to gambling premises and review effectiveness.
Recommendation
We welcome the proposal to allow local authorities to use cumulative impact assessments (CIAs) in handling gambling premise licence applications. The Government must ensure councils are given guidance on how CIAs can be applied to gambling premises. It must also …
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Government Response Summary
The government agrees that local authorities should receive guidance on applying cumulative impact assessments (CIAs) to gambling premises, stating that primary legislation would prompt the Gambling Commission to amend its guidance.
Department for Culture, Media and Sport
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20
Accepted in Part
Ensure Horserace Betting Levy settlement mitigates White Paper reforms' impact on the racing industry.
Recommendation
The Government must ensure that the new settlement arising from the review of the Horserace Betting Levy mitigates the impact of the White Paper’s reforms on the racing industry and ensuring British racing’s future. We support the proposal for a …
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Government Response Summary
The government has commenced the Horserace Betting Levy review to ensure appropriate funding, exploring legislative options but preferring a voluntary agreement. It notes separate measures will apply to horseracing and greyhound racing for sponsorship and advertising, with the BHA developing bespoke provisions.
Department for Culture, Media and Sport
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21
Accepted
Para 113
Publish timetable for White Paper proposals delivery, including statutory levy and minimising transition disruption.
Recommendation
We reaffirm our recommendation for the Government to set out a timetable for the delivery of each of the White Paper’s main proposals, including implementation of the statutory levy, in response to this report. The Government should set out how …
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Government Response Summary
The government will publish its statutory levy consultation response soon, aiming to introduce the levy via secondary legislation by summer, with funding flowing thereafter. GambleAware has received £32 million in regulatory settlement funds, including a system stabilisation fund, to minimise disruption during the transition.
Department for Culture, Media and Sport
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23
Acknowledged
Para 121
Develop national strategy with measurable targets to reduce gambling harms post-statutory levy.
Recommendation
We support the proposed governance structure for the statutory levy. However, the Government must ensure that levy funds are clearly ringfenced for the purposes of understanding, preventing, and treating gambling harm. It must also use the levy to improve the …
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Government Response Summary
The government welcomes support for the statutory levy's structure and aims for transparent funding for research, prevention, and treatment, prioritising oversight and improved integration of services, with NICE developing clinical guidelines. While welcoming the call for measurable targets, it doesn't explicitly commit to the Levy Board developing a new national strategy with defined targets.
Department for Culture, Media and Sport
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25
Accepted in Part
Para 126
Explore conducting regular Patterns of Play-style gambling research with UKRI collaboration
Recommendation
We recommend that the Government and the Gambling Commission should work with UKRI to explore how a study similar to the Patterns of Play research could be conducted on a regular basis.
Government Response Summary
The government accepted the recommendation in part, stating the Gambling Commission is exploring the acquisition of a regular feed of operator data and will initiate pilot projects to obtain insights similar to the Patterns of Play research.
Department for Culture, Media and Sport
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26
Accepted
Para 127
Publish clear guidance on interpreting official gambling statistics alongside new survey
Recommendation
Alongside its new gambling survey, the Gambling Commission should publish clear guidance about the interpretation of official gambling statistics.
Government Response Summary
The Gambling Commission has published initial GSGB data and will publish several technical documents alongside it, including a report on strengths/limitations, a statement on official statistics confidence, and guidance on how these statistics should be used.
Department for Culture, Media and Sport
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27
Accepted
Provide clear action plan to develop understanding of gambling's relationship with suicide risk
Recommendation
We welcome that the Government’s suicide prevention strategy for England recognises the role harmful gambling can play in suicide risk. In its response to this report, the Government should provide us with a clear action plan on what it and …
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Government Response Summary
The government acknowledges the link between harmful gambling and suicide risk, outlining a range of activities including strengthening informational messaging, increasing investment in independent research through the statutory levy, and requiring gambling operators to notify the Gambling Commission of customer suicides to inform policy.
Department for Culture, Media and Sport
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28
Accepted in Part
Expand gambling ombudsman's scope to cover all operator-customer disputes, replacing ADR providers
Recommendation
The intention to establish a gambling ombudsman is welcome. However, the Government will not be in a position to judge the effectiveness of the new ombudsman until summer 2024 at the earliest, assuming the process of establishing it remains on …
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Government Response Summary
The government welcomes support for a gambling ombudsman and is working with stakeholders to ensure an independent, credible body. They plan to explore ways to require all licensees to provide access to the ombudsman for all disputes, and will legislate if the industry-led approach proves ineffective.
Department for Culture, Media and Sport
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Conclusions (5)
3
Conclusion
Acknowledged
Para 19
We welcome the forthcoming review of the Gambling Commission’s fees and the proposal to give the Commission the power to adjust its own fees annually. These will be vital to ensure the regulator is properly resourced to implement the White Paper’s reforms and respond to future developments in a rapidly …
Government Response Summary
The government welcomes the committee’s endorsement of the proposal to give the Gambling Commission authority to set licence fees and will continue to work on reforms to the funding framework to ensure adequate resourcing.
12
Conclusion
Deferred
We support the proposed introduction of enhanced online gambling protections for young adults aged 18–24. The Government, Gambling Commission, and gambling operators must ensure these measures do not unintentionally lead to more adults in this age group giving a higher age at account-creation. (Paragraph 65) Gambling advertising
Government Response Summary
The government's response details new powers for the Gambling Commission to tackle illegal online gambling sites targeting self-excluded individuals, via the Criminal Justice Bill and collaboration with Google, but fails to address the recommendation regarding enhanced online gambling protections for young adults.
13
Conclusion
Deferred
Para 78
There is an urgent need to better understand the effects of gambling advertising on the risk of harm. The evidence for a link between advertising and gambling harm currently appears much stronger than evidence indicating there is a risk of displacement to the black market if gambling advertising were restricted. …
Government Response Summary
The government deflected the recommendation, focusing its response on measures to tackle the illegal online gambling market, including new powers for the Gambling Commission and delisting illegal sites from Google, rather than commissioning research on gambling advertising and harm.
22
Conclusion
Acknowledged
Para 116
We support the proposed structure of the statutory levy. This gives due consideration to the higher overhead costs of land-based operators and the lower rates of problem gambling associated with the sector as a whole, while also ensuring a substantial uplift in funding available for gambling research, prevention and treatment.
Government Response Summary
The government welcomes the Committee's support for the statutory levy's structure and reiterates its belief that the levy will provide independent, sustainable funding for research, prevention, and treatment without disproportionately impacting gambling businesses.
24
Conclusion
Acknowledged
Para 125
We recognise that much of the data relating to gambling is contested, misapplied, or entirely absent, and welcome that actions from the Government’s White Paper and changes to the Gambling Commission will mean that more research evidence can be commissioned. It is vital that any such research is accurate, representative, …
Government Response Summary
The government welcomes the committee's support for increased investment in gambling research through the levy and reiterates its plans for the Gambling Commission and UKRI to commission timely, high-quality research to inform policy.