Gambling Regulation

As part of their consumer regulatory specialism, members of Gough Square practise in gambling law. In particular, Kevin de Haan QC is an internationally acclaimed expert in the field.

Members of chambers advise on operating licence applications and can deal with reviews for alleged regulatory breaches. Such work often relates to lotteries or remote casinos operated out of jurisdiction.

In addition to offering advice, members may be instructed to make representations to the Gambling Commission, local authorities or other tribunals. Members have represented casinos in retaining their licences and acted for an existing casino opposing the grant of a new licence in the same city. Chambers also has experience of defending a criminal prosecution arising from the taking of cheques by a casino, representing a casino in a High Court trial obtaining judgment on the basis of dishonoured cheques drawn on a fictitious bank, and representing a bookmakers’ association in disciplinary proceedings.

Members are able to advise on the various legal issues arising from gambling, which include:

  • Legal issues surrounding online gambling, including e-commerce regulation and the trading schemes legislation;
  • Applications for casino operating licences;
  • Whether arrangements constitute an illegal lottery;
  • Complaints to the Advertising Standards Authority about allegedly misleading advertising;
  • Credit and margin facilities in gaming arrangements, and whether such arrangement constitute the provision of regulated credit;
  • Regulatory issues arising from the stock market flotation of online gambling operators;
  • Aspects of European law affecting gambling operators;
  • Broadcasting regulation, as it applies to television operators that offer gambling;
  • Possible enforcement by the National Trading Standards Scams Team against companies running lotteries and prize draws directed at vulnerable consumers through mass mail;
  • Gambling taxation.

 

  • Purely Creative Ltd & Ors v The Office of Fair Trading [2011] EWCA Civ 920 [2011] EWCA Civ 920; [2012] 1 CMLR 21: Unfair Commercial Practices Directive; interpretation of Annex 1; use of premium rate lines in prize promotions;
  • R (on the Application of TC Projects Limited) v Newcastle Justices [2006] EWHC 1018 (Admin): casino licensing; whether failure to comply with procedural requirement automatically invalidates application for licence.

Kevin de Haan QC is a consulting editor of Smith and Monckom on the ‘Law of Betting, Gaming and Lotteries’