“We’ve made a lot of money on the back of Murray, and we’re certainly not going to begrudge him finally winning a Grand Slam.”


William Hill’s Joe Crilly brushes off losing £250,000 on Andy Murray’s US Open victory Gambling


unlikely to take President


Tom Grant, of specialist gambling law firm Harris Hagan, postulates on the future of online gambling law after next month’s US election.


U


nderstandings mbling activity


nd analysis Matthew Hill addresses some of the common e over primary gambling activity.


the betting facilities being provided. What matters is whether there is, or is intended to be, sufficient betting to constitute a genuine betting business. In assessing this we take account of the actual use of premises in terms of, for example, gross gambling yield (GGY) or the number of bets taken as one of a wide range of factors in our consideration.


Other relevant factors include the facilities that are actually in place - like the provision of informa- tion that enables the cus- tomer to access details of the events on which bets can be made and to be able to place those bets. Cus- tomers should be able to obtain details of the outcome of the events, cal- culate the outcome of their bets and be paid or credited with any winnings. The range and frequency of events on which bets can be made, the relative space


allocated to each product and the extent to which betting is promoted are also considered.


Although there is plenty of room for development of niche or novel betting busi- nesses, we do expect all business models to be based on a core genuine betting business. Where actual GGY from betting is low, we are likely to wish to look at the facilities in place and the business projec- tions and marketing plans of the operator. Some of the cases we have been dealing with in recent months involve extremely low numbers of bets, and the operators concerned have had difficulty making a con- vincing case that what they are running is a genuine betting business.


It is, of course, also mis- leading to compare the turnover of over-the- counter betting with that from machines which, on average, pay out around 97


per cent of the amount staked but which rely on players repeatedly re- staking their winnings. A successful (and genuine) betting business may well have a machine turnover greatly in excess of its over- the-counter business. What matters is whether there is, or is likely to be, sufficient betting business, and not whether the return from machines is larger. We appreciate that the situation can be complex but the simple message is that only genuine betting businesses are entitled to make B2 gaming machines available for use, so the focus is primarily on the facilities for betting and the use made of them. Over the coming months we will con- tinue to work with stake- holders to help improve understanding and to explain the position, as well as refining our published advice to improve accessi- bility and clarity.


K bookmakers believe that Barack Obama is odds on to win the 57th presidential election on 12 November, whilst some are offering odds of better than 2/1 on Mitt Romney taking the Republican Party back into power. Those who will decide the outcome, the American voters, are not in a position to put their money where their mouth is - at least not legally! At the end of last year, the Obama administration appeared to be clearing the way for legalising internet poker and other forms of online gambling by reap- praising the scope of the Wire Act of 1961. This is election year, however, and, as the presidential campaigns blaze their trail across the United States, the future of online gam- bling very much appears to be on hold.


Online gambling in the United States is still viewed with suspicion and, in some quarters, with out- right disdain. It is, for all intents and purposes, a political hot potato yet it isn’t in the interest of either of the lead candidates to grasp that hot potato with any conviction. Unlike other well publicised issues of morality, internet gaming does not appear to rank high enough on the political agenda to be an election gamechanger. Whilst it is undoubtedly an issue that divides opinion, it is thought not to be suffi- ciently important to feature prominently at manifesto level.


So where do Obama and Romney really stand on online gambling? The general perception is that the Democratic Party adopt a softer line on online gambling and, if they remain in power, there is a greater likeli- hood of reform during their second term. The industry was a little disap- pointed at the lack of reform in Obama’s first term in office and Black Friday was undoubtedly a crushing blow to the much longed-for progress. In


reality, the long and complex history of gam- bling in the United States meant that it was not an issue that was likely to be resolved during the gov- ernment’s first term, par- ticularly given the priorities of the economic climate. Whether reform would happen at a federal or state level during a second term remains to be seen but, either way, the signs are that Obama’s re- election would be sympa- thetic towards those who favour liberalisation. Some commentators believe that the omission of online gambling from Obama’s manifesto is an encouraging sign and indi- cates that the Democratic Party are essentially in favour of the legalisation of online gambling but just don’t want to say it at this time.


On the other hand, the election of a Romney administration might spell bad news for those reform- ers. The Republican Party’s official policy is a continued ban on igaming and possibly even a re-re- evaluation of the Wire Act. As a long-committed


Mormon, it is felt that Romney is fundamentally opposed to gambling and would take no part in implementing any federal law that legalised online gambling.


The appointment of Paul Ryan, as his vice presiden- tial running partner, was less welcome than some of his rivals for that position who were felt to be more flexible. Ryan’s stance on other social issues are in tandem with those of Romney and indicate that he is unlikely to be a mod- erating influence on Romney. It is interesting to note, however, that Sheldon Adelson and Steve Wynn, each of whom control vast leisure and gambling empires, are two of the five largest donors to the Republican Party. One can only speculate as to whether they might be able to influence policy if Romney were to prevail. Whatever the outcome, it will be interesting to see whether those voters will be in a position to bet on the identity of the next President when it comes to the 58th presidential election.


BettingBusinessInteractive • OCTOBER 2012 45


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