London betting and gaming lawyers for gambling operating licences – Ince licensing solicitors

1. Licence to offer remote gambling This information is provided. It is expected the Act on remote gambling will come into force on 1 March 2021.
2. If your business involves entering into bets with persons in Ireland by remote means, you must hold a Remote Bookmaker’s Licence. You are also liable to pay Betting Duty. 'Remote means' refers to communication by any electronic means, including the internet, telephone and any form of telegraphy, whether wireless or not.

Remote Gambling

London betting and gaming lawyers for gambling operating licences – Ince licensing solicitors Remote Gambling. Whether operators are providing gambling facilities to British consumers (B2C) or if gambling facilities are provided in a situation where there is no direct relationship with the end-user(B2B), a Remote Operating Licence must be obtained from the Gambling Commission.

Whether operators are providing gambling facilities to British consumers (B2C) or if gambling facilities are provided in a situation where there is no direct relationship with the end-user(B2B), a Remote Operating Licence must be obtained from the Gambling Commission. The Commission licence by sector:

• Casino (including slots and poker)
• Bingo
• Betting
• Lotteries

Applications can be made for more than one sector and a combined licence issued. It is a condition of B2C Remote Operating Licences, that gambling software is sourced from a Gambling Commission licensed software provider.An operating licence applicant must therefore ensure its supplier is duly licensed.

Additionally, where it is intended to locate remote gambling equipment in the UK, it is necessary to obtain a remote operating licence from the Gambling Commission.

An operating licence application must also be made where remote gambling equipment will be located in the UK, even if it is intended to support operations outside Great Britain.

Under the Gambling Act 2005, the Gambling Commission is required to have regard to the licensing objectives when considering applications for all gambling operating licences, in order to decide the suitability of the applicant to carry out the activities.

The Licensing Objectives are:

(a) preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime,

(b) ensuring that gambling is conducted in a fair and open way, and

(c) protecting children and other vulnerable persons from being harmed or exploited by gambling.

The assessment is broken down into distinct areas:

(a) The integrity of the applicant or of a person relevant to the application

(b) The Competence of the applicant or of a person relevant to the application to carry on the licensed activities in a manner consistent with pursuit of the licensing objectives;

(c) The financial and other circumstances of the applicant or of a person relevant to the application (and, in particular, the resources likely to be available for the purpose of carrying on the licensed activities).

Applications must be made online and require full details of the following:

• Ownership structure of the applicant company.
• Group structure of all companies under common ownership.
• The management structure of the applicant company.
• A financial declaration from anyone who holds 10% or more equity in the applicant company.
• Details of anyone who holds 3% or more equity in the applicant company.
• A detailed business plan including financial projections (in the case of a new company) or audited accounts for an existing operation.
• Copies of all licences held by the applicant and group companies.
• Policy documentation demonstrating how the applicant and management team will comply with the licence conditions and codes of practice (known as LCCP), the 2005 Gambling Act and related consumer protection legislation.

In addition, an Anti Money Laundering ('AML') risk assessment must be undertaken and produced. The risk assessment is then used to produce policies and controls to mitigate those risks. The risk assessment and a review of the AML policy must be updated annually. All other policy documents must be kept under constant review to reflect the regular updates to LCCP.

If a licence is granted but the operation is not launched within 18 months, the Commission will call for evidence that the licence is still required. If it is not satisfied that the licence is needed then it will either request that the operator surrenders it or begin a Section 116 review, in order to revoke the licence.

Non-Remote Gambling

Remote Gambling Licence Meaning

Like with remote gambling, the Gambling Act authorises the Gambling Commission to grant operating licences to non-remote gambling operators, by sector. However, when applying for a licence, the applicant must identify one or more premises where gambling activity will take place. Similar supporting documentation to that required by remote operators, including an AML risk assessment, is submitted with the application.

Once an Operating Licence has been applied for application can be made for the requisite gambling premises licence to the Licensing Authority in whose area the premises are situated. For more information on land based gambling

Woods Whur have been instrumental in advising clients on cross border jurisdictional issues to applying for licences in the UK and foreign jurisdictions. The firm’s ethos is to provide trusted, cost-effective advice using our significant expertise in this highly regulated sphere. We will advise which jurisdiction is appropriate and then guide through the application process in the chosen jurisdiction(s).

We have developed a good client base in Asia in recent years and have assisted operators based in Hong Kong and the Philippines in particular with making applications for operating licences in Europe either in the UK, the Isle of Man or elsewhere. Andy Woods makes regular trips out to Asia to advise clients and explore possible options for licences in a wide range of jurisdictions.

Andy has undertaken a major piece of work for an Asian operator exploring a whole range of European jurisdictions and assessing the pros and cons of each jurisdiction to suit the operator in question. Paddy Whur undertook a similar piece of work for the Gibraltar arm of William Hill on line and has recently advised a Bahamas based owner on an operating licence application in the UK.

We have also advised non UK operators with remote operating licences in the UK on Gambling Commission enforcement action and attended meetings with the Gambling Commission on behalf of those operators.

Paddy is also advising on the possible introduction of Mauritius into the on-line gambling licensing framework. It is hoped that this will be an additional jurisdiction in which to be licensed.

Remote Gambling Licence Jobs

Since November 2014, any remote gambling operator wishing to transact with, or advertise to, customers in Great Britain have been obliged to hold a remote operating licence issued by the Gambling Commission. As a team we have made a significant number of applications for new licences for a variety of operators, whether licensed in the previously “white-listed” countries such as Gibraltar, Malta and Alderney, licensed elsewhere in the world, or not licensed at all.

We have a particular expertise in – and enjoy – acting for start-ups and have assisted a large number of companies and individuals in bringing exciting, new and innovative products to market. This involves advising in the first instance, on how the proposal falls properly to be classified under British gambling law, and then making the application for the appropriate operating licence. Our involvement does not end there – we have an excellent track record in continuing to assist these businesses with their regulatory needs as they develop. Praesepe plc is an example of the clients we have helped in this way.

It’s worth noting, too, that our work on remote gambling does not focus solely on remote operators: we also have extensive experience in helping “Bricks and Mortar” operators expand, develop and obtain approval for their online offer.

Our approach to applications on the client’s behalf for a new operating licence starts with a tailored, clear and precise checklist of the information required to guide them through the process. We provide an action plan designed to steer the application through and can, if required, draft all the bespoke polices on matters such as social responsibility and prevention of money laundering, complaints and disputes, privacy and terms and conditions, required to support the individual business through the licensing process.

We offer a full service, catering for all the gambling licensing requirements of clients. These include making applications for licence variations to adding new gambling activities or to reflect changes in revenue, help with regulatory returns, applications for personal management and personal functional licences, approaches for corporate control approval by the commission in the event that the business changes hands or shareholdings change, and assistance with inspections and enforcement action, if things go wrong.

We have experience of dealing with operating licence reviews and appearing before the Commission’s Regulatory Panel. We also regularly help clients protect themselves against enforcement action through reviews of their policies and procedures, to ensure that they meet the Commission’s standards.

The law on the licensing of gambling software presents particular challenges in terms of advising on what, exactly, it is and on precisely which entities – in what can sometimes be a complex supply chain – fall to be licensed. We have the technical expertise and industry knowledge to deal with these questions, which have been particularly thrown into the spotlight by the requirements that, from 31 March 2015, any remote gambling operator with GB customers only source its gambling software from Commission-licensed software businesses. We have an excellent track record in establishing a meaningful and constructive dialogue with the Commission in relation to these issues.

We also provide a full range of commercial services to our remote gambling clients, including tax advice, software supply agreements, external lottery manager contracts, specialist terms and conditions and privacy policies, via our cross-referral arrangements with leading corporate commercial law firms.

Clients include TGP Europe, Maxgate Software, The Boldwood group , Kootac.N.V, Jennings, Bet Click, Ash Gaming, Play Steak, Pinnacle Sports, Dazzletag Entertainment Limited as well as Aristocrat, Eyecon, Squawka and Globalbet

Please contact Andrew Woods on 07738 170138 or andrew@woodswhur.co.uk if you would like further information.

Remote Operating Licence Gambling Commission

Please contact Paddy Whur on 07738 170137 or paddy@woodswhur.co.uk if you would like further information.