UK LEGAL
Commission or captured as part of a ‘White Label Partnership’.”
place lawfully but does not hold one. There are only two reasons why online gambling requires a GC licence under the Gambling Act: (a) the gambling operator has remote gambling equipment located in Great Britain, or (b) the gambling facilities are ‘used’ in Great Britain. The second of these reasons represents the implementation of the ‘point of consumption’ regime.
The result of the way the point of consumption regime was implemented is that, provided gambling facilities offered under a particular brand name are not ‘used’ by customers in Great Britain, the offence of advertising unlawful gambling cannot be committed. Of course, where a brand is being advertised on the front of football shirts in Great Britain, it is highly likely that some British supporters will type that brand into Google with a view to using it to place their next bet. Where an offshore licensed .com version of the site still exists, the brand will need to rely on measures such as IP blocking to prevent access by consumers in Great Britain and avoid committing an offence.
British customers intent on gambling with the brand may of course turn to a VPN service and manage to gain access. This is where the situation may enter something of a grey area. Although the brand’s gambling facilities may be being used in Great Britain, the Gambling Act (as amended in 2014) contains an exception whereby the offence is committed only if the operator “knows or should know that the facilities are being used, or are likely to be used, in Great Britain”. Whether a brand has, or should have, that knowledge in these circumstances has not yet been tested and may depend on what other blocking measures it has in place. A further factor to consider is the new Gambling Sponsorship Code for Football. This Code was adopted by the EFL, Premier League, the FA and Women’s Super League in July 2024 and was created to “completing existing statutory requirements”. It should be noted that the Code is not law, but it states that:
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“Where a Gambling Related Agreement provides consumers in the UK with facilities for gambling, Competitions and Clubs should only enter into agreements where the Gambling Company is licensed by the Gambling
In the case of a brand which was (at the time of entering the sponsorship agreement) subject to a white label agreement, the Club may reasonably argue that the Code has been complied with, particularly where to the best of its knowledge consumers in the UK are not being provided with facilities for gambling by the brand. In a speech at the GambleAware conference in December 2024, gambling minister Baroness Twycross made reference to “the increasing prevalence of ‘white label’ operators using football in this country to advertise to consumers outside of Great Britain”. She indicated that she is engaging with the GC and industry on this topic and will take action if needed. Such action is unlikely to involve banning white label arrangements altogether, but it does seem possible that restrictions may be placed on the ability of unlicensed operators to advertise within Great Britain, even if they take steps to prevent British consumers from accessing their gambling products.
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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