1 Licensing Conditions and Codes of Practice (LCCP)
|1.2||What Are Licence Conditions?|
|1.3||What Are Codes of Practice?(Part II of LCCP)|
|1.4||What Happens If I do not comply with The Licence Conditions and Codes of Practice?|
The LCCP was first published in 2007 and numerous revisions have been made over the years since its launch. The consolidated version released in April 2020 is the current version of the LCCP and is available on the Gambling Commission’s website and a link within the Resource Area.
The LCCP is a significant part of the framework by which the Commission upholds the licensing objectives. The Regulatory sections of the Bingo Operators Handbook discuss in detail those areas of the LCCP in which operators should be particularly mindful. The licensing objectives are set out in the Gambling Act 2005 and are:
The Commission has no objection to players in bingo being able to select some, or indeed all, of their numbers provided there is a mechanism to ensure that each player nevertheless has a unique set of numbers and the game therefore remains equal chance. The Commission also considers that fixed odds bingo games are acceptable provided they are structured to ensure there is no banker’s interest.
- Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime
- Ensuring that gambling is conducted in a fair and open way
- Protecting children and other vulnerable persons from being harmed or exploited by gambling.
The gambling industry needs to demonstrate that it is genuinely committed to delivering the objectives above.
The LCCP must be seen within the overall architecture of gambling regulation. In particular, the industry is responsible for the active pursuit of the licensing objectives, with the LCCP as part of that infrastructure. The LCCP is not merely a standalone checklist which the industry should follow, nor should it be seen as the maximum standard to be achieved. Equally important as adherence to the LCCP, is the operator’s compliance with the Gambling Act 2005 (and with the secondary legislation connected with that Act) and with the management of the business in a socially responsible manner.
The LCCP provides a framework of conditions and codes within which operators can develop good practice and which, in the case of ordinary codes of practice can be used in regulatory or court actions as evidence of good practice. In many areas, the LCCP leaves room for flexibility in the manner in which it is implemented and allows businesses to decide how best to give life to the licensing objectives. This applies particularly to the ordinary code provisions. The approach was always intended to allow development and improvement in operators’ policies and procedures, without the need for frequent wholesale changes to LCCP. However, the Gambling Commission amend and update the LCCP on a regular basis and all operators should be mindful of these changes and how they might impact their individual operations.
1.2 What Are Licence Conditions? (Part I of LCCP)
There are four types of licence condition that may be attached to operating licences, under the Gambling Act 2005:
|1||General conditions (attached by the Gambling Commission)|
General licence conditions can be applied to an individual operating licence or a class of operating licence (for example, all bingo operating licences)
|2||Individual conditions (attached by the Gambling Commission)|
Individual licence conditions can be applied to an individual operating licence. They are likely to address matters concerning an individual operator and their activities
|3||Conditions imposed by the Secretary of State (made through statutory instruments)|
Conditions imposed by the Secretary of State may be applied to a class of operating licence
|4||Statutory conditions imposed by the Gambling Act 2005 itself|
Statutory conditions may be applied to a class of operating licence.
1.3 What are Codes of Practice? (Part II of LCCP)
The Gambling Commission issue codes of practice under section 24 of the Gambling Act 2005, about the manner in which facilities for gambling are provided to ensure that the three licensing objectives above are met.
Codes of Practice (section 24 and 82 (1) Gambling Act 2005) are either:
- Social responsibility code provisions or
- Ordinary code provisions
The most recent consolidated LCCP for all forms of gambling was issued in April 2020.
1.4 What Happens if I do not comply with the Licence Conditions and Codes of Practice?
The Gambling Commission has powers to take action against licensed operators who fail to comply with the conditions of their licence or codes of practice. The Commission has a range of powers which they may exercise following a review including:
a) issuing a warning to a licence holder
b) attaching an additional condition to a licence
c) removing or amending a condition to a licence
d) suspending a licence at the outset, or following a review
e) revoking a licence
f) imposing a financial penalty following breach of a licence condition