Gambling (Licensing and Advertising) Act 2014
Last amended by Gambling Act 2005 review White Paper in 2023. In April 2023 the Government published 'High Stakes: Gambling Reform for the Digital Age', a White Paper setting out wide-ranging reforms to online gambling regulation including stake limits for online slots, improved consumer protection, and a statutory levy on gambling operators. Implementation through subordinate legislation and Gambling Commission licence condition changes was ongoing.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
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.
Key Points
- 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
Parts & Sections
Amendments History
2023 — Gambling Act 2005 review White Paper
In April 2023 the Government published 'High Stakes: Gambling Reform for the Digital Age', a White Paper setting out wide-ranging reforms to online gambling regulation including stake limits for online slots, improved consumer protection, and a statutory levy on gambling operators. Implementation through subordinate legislation and Gambling Commission licence condition changes was ongoing.
2019 — Gambling Commission enforcement
From 2019 onwards the Gambling Commission significantly increased enforcement activity against licensed operators, imposing record financial penalties for anti-money-laundering and social responsibility failings; several large operators returned licences or paid penalties exceeding £20 million.
Frequently asked questions
- Why did the 2014 Act change the licensing rules for online gambling?
- The Gambling (Licensing and Advertising) Act 2014 replaced the old 'point of supply' rule with a 'point of consumption' test. This means that any gambling operator providing services to people in Great Britain must hold a Gambling Commission operating licence, regardless of where the company is physically based or incorporated. This change closed a regulatory gap that previously allowed overseas operators to serve UK customers without a local licence.
- Can overseas gambling companies advertise to people in the UK?
- No, the Act prohibits advertising remote gambling in Great Britain unless the operator holds a valid Gambling Commission operating licence. This restriction applies not only to the operators themselves but also to intermediaries, including affiliates, platform operators, and broadcasters. If an operator does not hold the required licence, they cannot legally advertise their services to UK consumers.
- What powers does the Gambling Commission have against unlicensed operators?
- The Gambling Commission gained strengthened enforcement powers against unlicensed offshore operators. They can seek injunctions and work with other bodies, such as HMRC, the Advertising Standards Authority, and financial institutions, to restrict access to these operators. For licensed overseas operators, the Commission can use existing powers, including prosecution, financial penalties, and licence revocation, to ensure compliance with regulations.
- Do online gambling operators have to follow responsible gambling rules?
- Yes, all remote gambling operators holding a Great Britain licence must comply with the Licence Conditions and Codes of Practice. This includes maintaining responsible gambling programmes, making spending commitments to GambleAware, providing self-exclusion via GAMSTOP, and meeting age verification standards. They must also adhere to anti-money-laundering rules and technical standards.
- When did the new licensing rules for remote gambling start?
- The Gambling (Licensing and Advertising) Act 2014 came into force on 1 November 2014. Upon commencement, it brought approximately 80 additional operators into the UK regulatory regime. This significant increase in licensed operators marked a major shift in how remote gambling was regulated in Great Britain.