Gambling (Licensing and Advertising) Act 2014

Resumen

The Gambling (Licensing and Advertising) Act 2014 reformed the licensing framework for remote (online and telephone) gambling to close a significant regulatory gap. The Gambling Act 2005 had regulated gambling on a 'point of supply' basis — a licence was required only if the gambling facilities were physically provided from within Great Britain. This meant that overseas-based remote gambling operators (particularly those licensed in Gibraltar, Malta, and the Isle of Man) could legally advertise to and accept bets from British consumers without a Great Britain operating licence. The 2014 Act replaced this with a 'point of consumption' test: any operator who transacts with or provides gambling services to consumers located in Great Britain must hold a Gambling Commission operating licence, wherever the operator is physically based. The Act also amended the advertising rules, prohibiting advertising of remote gambling by operators not holding a Great Britain licence. The Gambling Commission gained enforcement powers against offshore unlicensed operators including the ability to seek injunctions and to work with HMRC, the Advertising Standards Authority, and financial institutions to restrict access to unlicensed operators. The Act came into force on 1 November 2014 and brought approximately 80 additional operators into the UK regulatory regime on commencement.

Puntos clave

• Section 1 (amending s.36 Gambling Act 2005): remote gambling operator must hold a Gambling Commission operating licence if they provide facilities for remote gambling to persons in Great Britain, regardless of where the operator is located — 'point of consumption' replaces 'point of supply'
• Section 2 (amending s.333 Gambling Act 2005): advertising restriction — a person must not advertise remote gambling in Great Britain unless the facilities for gambling are provided by an operator who holds a Gambling Commission operating licence; extends to intermediaries, platforms, and affiliates
• Full Gambling Commission oversight — overseas operators holding Great Britain licences must comply with the Licence Conditions and Codes of Practice (LCCP), including responsible gambling requirements, social responsibility, anti-money-laundering, and technical standards
• Enforcement — the Gambling Commission may use its existing powers under the Gambling Act 2005 (including prosecution, financial penalties, and licence revocation) against newly licensed overseas operators; powers to pursue unlicensed operators who continue to access UK consumers were also strengthened
• Duty of care requirements — as a condition of licensing, all remote operators must maintain responsible gambling programmes, including spending commitments to GambleAware, self-exclusion via GAMSTOP, and compliance with age verification standards

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