16 February 2015 Practice Group(s): Betting and Gaming Further Amendments to the British Licence Conditions and Codes of Practice (LCCP) By Warren Phelops, Andrew Danson and Elizabeth Dunn The Gambling Commission has recently published an updated LCCP, incorporating new and updated social responsibility measures introduced as a result of the Commission’s consultation last year (available here). The new version of the LCCP (available here) will, with a few exceptions, come into force on 8 May 2015. All operators licensed by the Gambling Commission will need to ensure that their consumer terms and conditions, policies and procedures comply with the LCCP (as amended). If you have any questions about implementing these changes, please contact Warren Phelops or Andrew Danson. Key Changes for Online Operators The latest changes include: • A new reportable event, which will require licensees to notify the Commission if the licensee becomes aware that a group company which is not a Commission licensee is advertising remote gambling facilities to those residing in a jurisdiction in or to which it has not previously advertised (and licensees should note that ‘advertising’ is very broadly defined). • For remote operators only, an obligation to offer a ‘time out’ facility for customers for 24 hours, one week, one month or such other period as the customer may reasonably request, up to a maximum of 8 weeks (which will come into force on 31 October 2015). • Amendments to the provisions relating to self exclusion, including requiring operators to: o offer self exclusion for a minimum period, which must be no less than 6 months but no more than 12 months, and which must be extendable on request in increments of at least 6 months; o signpost customers to counselling and support services during the administration process for self exclusion; o ensure that self exclusion arrangements are kept in place for at least 7 years after the expiry of a self exclusion period, unless the customer takes positive action to gamble again; and o participate in the national multi-operator self-exclusion scheme (this requirement will come into force one month after the introduction of such scheme by the Commission). • A requirement for all licensees to satisfy themselves that their marketing communications, advertising and invitations to purchase (including free bet offers) do not amount to or involve misleading actions or misleading omissions within the meaning of the Consumer Protection from Unfair Trading Regulations 2008. Further Amendments to the British Licence Conditions and Codes of Practice (LCCP) Licensees must also comply with any relevant provisions of the CAP or BCAP code which relates to ‘free bet’, ‘bonus’ or similar offers. • A requirement for licensees to ensure that no advertising or marketing information, whether relating to specific offers or to gambling generally, appears on any primary web page/screen, or micro site that provides advice or information on responsible gambling. A summary of all the Commission’s changes can be found here. Authors: Warren Phelops Warren.Phelops@klgates.com +44 (0)20 7360 8129 Andrew Danson Andrew.Danson@klgates.com +44 (0)20 7360 8153 Elizabeth Dunn Elizabeth.Dunn@klgates.com +44 (0)20 7360 8256 Anchorage Austin Beijing Berlin Boston Brisbane Brussels Charleston Charlotte Chicago Dallas Doha Dubai Fort Worth Frankfurt Harrisburg Hong Kong Houston London Los Angeles Melbourne Miami Milan Moscow Newark New York Orange County Palo Alto Paris Perth Pittsburgh Portland Raleigh Research Triangle Park San Francisco São Paulo Seattle Seoul Shanghai Singapore Spokane Sydney Taipei Tokyo Warsaw Washington, D.C. Wilmington K&L Gates comprises more than 2,000 lawyers globally who practice in fully integrated offices located on five continents. The firm represents leading multinational corporations, growth and middle-market companies, capital markets participants and entrepreneurs in every major industry group as well as public sector entities, educational institutions, philanthropic organizations and individuals. For more information about K&L Gates or its locations, practices and registrations, visit www.klgates.com. This publication is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer. © 2015 K&L Gates LLP. All Rights Reserved. 2