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Includes reports on HM Treasury's proposed new special administration regime for PIs and EMIs, and the latest on the APP Partner Dusseldorf.
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BANK on the privatization of state-owned casinos in Northrhine-Westphalia. Acted for ClubsNSW in relation to its proposed online wagering joint venture with CrownBet.
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Most distressing, however, is the apparent anti-gambling attitude of the regulator, the Gambling Commission, which seems now not to be able to bring itself to say anything positive, or indeed anything not overtly negative, about the industry it regulates.
In the main, this has had two consequences: the first is that any hope of the tentative measures to create a free market in casinos in Great Britain has, in my view for the foreseeable future, dissipated.
We are now in the extraordinary situation that it is impossible in Great Britain to obtain a new land-based casino licence. Even under the Act, anyone found suitable could apply for a licence in one of the permitted areas, which would be granted, provided that sufficient unmet demand could be demonstrated.
Furthermore, the number of betting shops has been drastically reduced by new staking limits on some machine types. The second consequence is ever stricter regulation, as regulators seek to reduce perceived harm caused, or more importantly that may be caused, and to satisfy the increasing clamour from the press and politicians to curb the evils of gambling.
When the Act was passed, one of the prime needs was to create a legitimate industry to keep crime out of gambling and ensure that customers were provided with games that were fair.
These objectives remain a constant in legislation, not only in Great Britain, but in most jurisdictions around the world.
However, there has been a noticeable shift; the emphasis now is on the consumer. Regulation, certainly in Great Britain and increasingly in many other jurisdictions, is not through the lens of the propriety of the operator, but focused on the effects on the consumer.
Again, we see a shift in the perceived issue of the times. In the s it was crime. Now, the focus is on consumer protection.
This is leading to ever stricter provisions to protect players from themselves, placing the burden on operators to identify and interact with customers who may be experiencing or risking problems with their gambling, to question not merely whether they are playing with money legitimately acquired, but to look at the issue of affordability.
Many see this as a step too far, straying as it may do into becoming a paternalistic intervention into private matters, and seeking to restrict, or at least interfere in, the choices adults make.
It opens the question as to whether adults should be free to spend their money as they choose, whether wisely or not.
And, if applied to gambling, why not to other leisure activities, or vices? Will these inquiries into spend spread to the sale of alcohol, tobacco, and fast and sweet foods?