Making gambling safe

The Gambling Commission and the Local Authority Co-ordinators of Regulatory Services have agreed a new concordat. Neil McArthur explains why the agreement – and attached toolkit – are so important.

In March of this year, the Gambling Commission and the Local Authority Co-ordinators of Regulatory Services (LACORS) signed a new concordat, which sets out how Licensing Authorities and the Commission will work together under the Gambling Act 2005 (the Act).

The new document sets out how best to manage the considerable areas of overlap that exist between licensing authorities and the Commission in terms of our priorities, interests and statutory powers. It replaces the original concordat that was signed in 2007.

The introduction of the Act made fundamental changes to the regulation of gambling, which came into force in September 2007. The Act created the Commission and gave licensing authorities new powers and responsibilities to regulate gambling. Since September 2007 understanding of the new law and its subordinate legislation has developed; and will continue to do so as a body of case law emerges that will assist with the interpretation of key concepts or definitions.

The industry is fast moving and innovative and continually tests the boundaries of the Act. That’s why, three years into the Act, we thought it right to revisit our original concordat to reflect changes that have happened over that time.

The concordat is an important document, not only for licensing authorities and the Commission but also for the industry we regulate. The industry needs to know that we are conscious of our responsibilities; that we avoid duplication of effort; that we effectively manage any grey areas of responsibility and that any action we take is proportionate to the risk presented. The industry also needs a clear picture of what the regulators require from them and to have confidence that illegal operators will be controlled and sanctioned effectively.

The concordat is a high level document, setting out, in broad terms, the principles that licensing authorities and the Commission share. It recognises the fact that each licensing authority will have different priorities and that this will have a bearing on their approach to the licensing of premises and compliance activities.

It is written with local councillors in mind, giving them a quick reference guide to the overall approach; furthermore it acknowledges the role of democratic processes in decision making. The concordat also reflects that fact that the Commission’s focus is on matters that have a regional or national significance, whereas licensing authorities are concerned with matters within their geographical boundaries.

The concordat will be accompanied by a toolkit – a set of protocols that set out in general terms how certain key issues, such as test purchasing, will be managed. The aim of the protocols is to put flesh on the bones of the concordat. They will serve as a quick reference guide for licensing authority officers, councillors and Commission employees alike. The protocols are intended to be a more flexible set of documents than the Concordat, capable of being added to and amended as circumstances require.

The Commission already enjoys strong working relationships with its partners in local councils up and down the country. This updated concordat will only strengthen our joint working further as we all strive to keep gambling fair and safe for all.

Neil McArthur is Director of Legal at the Gambling Commission (www.gamblingcommission.gov.uk).