UK LEGAL
types to gamble on. As it has done before, the Commission appears to be following a precautionary principle in deciding to ban something which it considers “could lead to a risk to the objectives to ensure gambling is conducted in a fair and open way and protecting vulnerable persons from being harmed or exploited by gambling”. The new rule does not prevent incentives that mix more than one type of the same product, for example casino table games and slots. In its consultation response, the Commission clarifies that the new rule is also not intended to prevent a promotion where customers can choose which product to spend credits or bonus funds on, for example £10 bonus funds that can be spent on either betting or casino. It would have been helpful for the Commission to include this clarification within the new provision itself, as this will not be clear just from reading the LCCP.
REMOVED REQUIREMENT The Gambling Commission will also remove one of the existing requirements from the licence condition, which currently states: “neither the value nor amount of the benefit is dependent on the customer gambling for a pre-determined length of time or with a pre-determined frequency”. When consulting on this change, the Commission noted that the current wording “rules out practices that are legitimate and appropriate. It is not unreasonable for a gambling licensee to define a qualifying level of activity in order for a customer to earn a particular reward, as long as it does not encourage excessive gambling.” The Commission considered that the marketing code of practice already prevented licensees offering rewards to customers “for gambling harder or faster” and proposed deleting this requirement in the context of also making changes to make it “explicit that licensees must ensure the design and structure of the incentive does not lead to excessive intensity of gambling which may risk customers experiencing harms associated with gambling”. However, this proposal to add explicit wording about excessive gambling has not been taken forward, in light of concerns raised in consultation responses that it would be very difficult to define “excessive intensity”. The types of offers that will be allowed (subject to the general expectation on licensees to be socially responsible), include a bonus awarded if a customer gambles every day for a week, or a bonus awarded if a customer spends at least two hours playing at a gaming table.
IMPLEMENTATION
All of these changes come into effect on 19 December 2025, giving licensees time to build the new requirements into upcoming marketing campaigns as well as make the necessary technical changes.
Melanie is a gambling regulatory lawyer with 13 years’ experience in the sector. Melanie advises on all aspects of gambling law including licence applications, compliance, advertising, licence reviews and changes of control. She has acted for a wide range of gambling operators including major online and land-based bookmakers and casinos, B2B game and software suppliers and start-ups. She also frequently advises operators of raffles, prize competitions, free draws and social gaming products. Melanie has a particular interest in the use of new technology for gambling products and novel product ideas.
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