Will the white paper proposals run out of time?

Given how long it took for the white paper into the Gambling Act 2005 review to materialise, it was inevitable that once it was finally published some would question whether the proposed changes could be put in place before the next general election. And, with the Tories’ current weak standing in the polls, it is possible we’ll see a change of government, and Labour could simply rip up the proposals and start again.

In the meantime, it’s clear the industry is not a top priority for this government. Take October’s Tory Party conference; HS2 had top billing, with issues such as education and benefits also high on the agenda. Gambling, on the other hand, didn’t feature at all. But then gambling reform is politically sensitive, and the government will not want to open itself up to criticism by bringing in any changes that will be seen to benefit the industry.

It’s my view that the reforms most likely to be pushed through before an election are those that could be considered ‘protective’, in other words, measures that protect the general public.

The statutory levy and the gambling ombudsman are among the top contenders, as these are more likely to win votes than lose them. The plan to increase local authority licence fees could also be fast-tracked given its stated rationale is to allow for more enforcement of adult gaming centres, although one stumbling block to this is that an element of primary legislation is required.

Given the need to go through parliament, primary legislation can take a long time to come into effect, and this is particularly true when an election is looming. Other changes where primary legislation is required include the more permissive structure for the 1968 Gaming Act on casinos and the changes that close any remaining gaps allowing under-18s to gamble. As the latter could be considered a protective measure, if any primary legislation is going to make its way through before an election, it’s likely to be this.

The majority of the other proposals require only secondary legislation or fall under the Gambling Commission’s (GC) powers, thus are more likely to move forward. These include significant changes for the remote sector, such as affordability checks and stake limits for online slots.

Time is of the essence

The big caveat here is that much depends on how long the GC and the Department for Culture, Media and Sport (DCMS) take to collate consultation responses and make decisions once complete. With the DCMS having to extend the consultation into online stake limits after discovering a data error in its consultation document, it is fair to say it doesn’t bode well for a speedy turnaround.

The fact the GC had to push back by five months the introduction of some elements of new customer interaction requirements introduced last year due to the technical difficulties remote operators faced implementing them is also not encouraging.

It then launched a consultation on guidance for those requirements on 22 November last year, which closed on 23 January this year. However, it didn’t publish its response until 23 August, with operators expected to take the guidance into effect from the end of October. That’s an 11-month timeframe for something relatively minor.

The white paper consultations will have attracted many responses because of the political climate and severity of some of the changes, so perhaps it is reasonable to expect long turnaround times. If the Tories hold out until the last possible date for the next election, there is time for some, if not all, of the proposals to come into place. Whether there is also the political impetus remains to be seen.

Imogen Moss is an associate solicitor at Poppleston Allen, specialising in both licensing and gambling law. Moss joined Poppleston Allen as a paralegal in 2004 and qualified as a solicitor in 2019. She has advised a variety of clients over the years including both national and independent operators.