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Featured article: Regulatory change
All change
A further year of regulatory change ahead Nick Arron of Poppleston Allen LLP explains why change will remain a constant in 2022.
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e have had to get used to change. COVID-19 resulted in unprecedented new laws to govern our bingo industry – when must we close, when can we open? And again close, open…. changing permitted hours, mandatory seating, table service, masks, distancing, signage, alcohol with or without food – at times all dependent on your location. At one stage in late 2020 statutory instruments were being published almost daily. And we learned to live with this change. This theme of change is set to continue in 2022, although hopefully for different reasons. The seeds were sown early last year, with the DCMS Review of the Gambling Act 2005, Terms of Reference and Call for Evidence Consultation. The consultation contained 45 questions, which went to the very core of gambling regulation, seeking opinion on the role of the Gambling Commission, on increasing protection online, limiting stakes, speed and prize limits, and on harm caused by gambling advertising. The DCMS review sought opinions on changes to the regulation of landbased gambling, and the powers attributed to licensing and Local Authorities in their responsibilities in respect of Premises Licences granted under the Gambling Act 2005. These changes could amount to wholesale change of the Gambling / Winter 2022
Act 2005, potentially with a new Gambling Act 2023 or 2024? For bingo clubs land-based regulation could move away from the council licensing authorities “aiming to permit” the use of premises for gambling, to give councils greater control over gambling venues. Should this happen, it would not be based on evidence of issues with the operation of those venues (as there are few), but rather political will based on morals and ethics. A broad brush of regulation The DCMS Call for Evidence and Review had greater focus on online gambling. But we all know that changes to remote licensing and regulation can and do bleed into the regulation of land-based bingo, as we have seen with the development of the concept of Customer Interaction in the Licence Conditions and Codes of Practice (LCCP), primarily aimed at remote operators, but implemented in the LCCP across the entire industry. Inevitable delays due to the pandemic The Government had originally said that they would respond to the Call for Evidence and publish a white paper before the end of 2021, with statutory changes potentially in late 2022. As I write this article it appears that the Government are delaying their response until the spring of 2022. This delay is a result of the roller coaster that is the COVID-19 pandemic (or the
“ The theme of change is set to continue in 2022, although hopefully for different reasons.” Coronacoaster!) and is also probably due to the changes at the helm of gambling regulation during 2021. Back in June of last year, Andrew Rhodes was appointed as the interim Chief Executive of the Gambling Commission. He will be in post for 18 months, whilst the Commission find someone to fill the role permanently. The previous Chief Executive, Neil