Scotland - Gambling to transfer to Scottish Parliament? - possible impact on both gambling and alcohol licensed premises
2014
On the 23rd April 2014 a Ministerial Conference and Summit took place in Glasgow in respect of Tackling Payday Lending and Gambling in Scottish Town Centres and Neighbourhoods. Following the summit it was announced that Derek Mackay MSP, Minister for Local Government and Planning, was to publish a cross-government Action Plan to bring together the efforts across portfolios to tackle the clustering of Pay Day Lenders and gambling in Scotland's town centres and neighbourhoods.
The document headed 'Tackling Pay Day Lending' which contains a 12 point Action Plan which builds on the good practice and suggestions discussed and promoted at the Summit has now been published and can be viewed by clicking the link above.
Although the document focuses primarily on pay day lenders it also contains a proposal which could have significant repercussions on the gambling industry in that it argues for responsibility for the regulation of gambling to transfer to the Scottish Parliament.
In relation to Gambling the following points are raised in the report:
Licensing
- Scottish Government will continue to argue for responsibility for the regulation of gambling to transfer to the Scottish Parliament. An independent Scotland will have the powers to introduce additional measures to tackle problem gambling, through more effective regulation of the industry.
- While the power to regulate gaming, betting and lotteries lies with Westminster, Scottish Government will continue to seek to influence the UK Government's gambling policy.
- Scottish Government will explore with the Gambling Commission and Local Authorities ways in which the Scottish Government can support the regulation of betting shops.
The impact would therefore not just apply to betting offices and Fixed Odds Betting Terminals but also all other forms of remote and non-remote gambling including but not limited to casinos, adult gaming centres and bingo premises.
Gambling in pubs and clubs would also be impacted upon due to existing machine permits and there would also be an impact upon games such as poker in licensed premises.
Further, as is the position with alcohol premises in a number of areas, any change could also see an overprovision test introduced which would mean a far more stringent gambling regime being in place compared to England & Wales.
Finally, it would be expected that a new regulatory body, which would have the same role as the Gambling Commission, would be required.
The position will no doubt be made clearer following the Scottish Referendum on 18 September.
If the "Yes" vote is successful though then the position set out in the document "Scotland's Future - Your guide to an Independent Scotland" in which it states: "With independence, Scotland will have the powers to better tackle problem gambling through effective regulation of the industry, in contrast to Westminster's approach of greater deregulation." will no doubt come to fruition.
We shall of course update you following the referendum when the position will be clearer.