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A
Bill
To
Reform the Gambling Act 2005 to remove obligations to consult the gambling interests when developing regulation, allow for demand to be considered in licensing, and enumerate consideration for vulnerable groups
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Section 1: Removal of Commission Obligations to the Private Sector
(1) The Gambling Act 2005 is amended as follows:
(2) In Section 23 —
(a) Omit subsection 5(e)
(3) In Section 24 —
(a) Omit subsection 10(c) and 10 (e)
(b) Omit subsection 11(c)
(4) In Section 25 —
(a) Omit subsection 4(e)
(5) In Section 59 —
(a) Omit subsection 3(b)
(6) In Section 76 —
(a) Omit subsection 2
Section 2: Consideration of demand
(8) The Gambling Act 2005 is amended as follows:
(9) In Section 72 strike “not” and
(10) insert (c) “the expected impact of proposed facilities on vulnerable groups”
Section 3: Procedures of application
(11) The Gambling Act 2005 is amended as follows:
(12) In Section 73 —
(a) After subsection 2(c) insert (d) “the licensed activities impact on vulnerable groups”
(b) Omit subsection 5
Link to amended legislation: https://www.legislation.gov.uk/ukpga/2005/19/2014-05-28
This bill was written by the Right Honourable Sir KarlYonedaStan KCMG KCT MP, Prime Minister, on behalf of the 29th Government
Opening Speech:
Deputy Speaker,
This is another step in the Governments work to properly regulate gambling and update our gambling legislation to the increasingly corporatised, digitalised, and uneven casino landscape.
Section 1 of this Amending Bill removes a litany of requirements for the Gaming Commission to consult, consider, or defer to private sector operators when crafting regulation. While the Commission certainly may, should it find pertinent, do so, to require it simply opens up opportunities for important regulation to be delayed or altogether be disrupted by the lobbying of vested interests.
Section 1 omits Section 22(b) of the Gambling Act, which states the Commission has a positive obligation to permit gambling so long as it does not violate the license objectives, Section 23 5(e) requiring consultation with ownership prior to new licensing regulations, Section 24 10(c) 10(e) and 11(c) requiring consultation with ownership prior to revisions to the Code of Practice, Section 25 4(e) requiring consultation in guidance towards local authorities, Section 59 3(b) requiring consultation for the Secretary of State to create an offence of inviting, causing, or permitting a child to use Category D gaming machine, and Section 76 2 in procedures for General Conditions (for licensing).
Section 2 allows for the Gambling Commission to consider demand when licensing, which it was prohibited from doing previously, and enumerating consideration for vulnerable group’s impact in relation to demand. The Commission should be able to consider whether gambling is already oversaturated, or where a new gambling business would meet actual demand - the market is not easily deferred to in this case given the fact that gambling demand is inelastic, given its addictiveness.
Finally, Section 3 adds experts on gamblings’ impact on vulnerable groups as a possible avenue for more information gathering when evaluating applications. It also removes the ability for the Commission to disregard irregularities or deficiencies in a regulation.
No amendments were submitted so the bill proceeds directly to a final division.
Vote on the bill in its entirety by 10pm GMT on 9th February 2022.
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