Primary Gambling Activity in Betting Offices...a victory for certain operators

Primary gambling activity particularly in Betting Offices has long been an area of dispute between certain operators and the Gambling Commission. A recent decision by a High Court Judge sitting in the General Regulatory Chamber of the first tier tribunal has provided a victory for one operator.

Trafalgar Leisure offered four B2 machines and five remote betting terminals in one of its licensed premises but offered no “over the counter” betting facilities.

The Gambling Commission revoked their non-remote general betting operating licence in the context of a review of their combined remote and non-remote licence based on the view that the offering in question did not satisfy condition 16 of the codes of practice on “facilities for betting”.

Trafalgar appealed and in a decision delivered by a High Court Judge, the Commission lost as the Judge found that the natural meaning of “facilities for betting” included remote facilities such as the terminals at the site in question. As such, provision of the four terminals did not breach condition 16 (the relevant condition).