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Gambling Commission’s Affordability Checks Face Potential High Court Challenge

The UK Gambling Commission’s implementation of affordability checks has prompted calls for a High Court challenge for judicial review, despite opposition from the racing industry. Industry figures, including trainer John Gosden, have criticized the checks, citing potential financial harm to racing and a risk of pushing bettors to the black market.

What Happened

The Gambling Commission has proceeded with the implementation of affordability checks, reportedly deviating from its promise of “frictionless” checks, according to The Sun. This decision has met with resistance from the British racing industry and bookmakers (Racing Post). The Sun characterizes the Gambling Commission as an “out-of-control quango” that is causing disruption within the British industry and potentially directing punters toward unregulated black markets.

Champion trainer John Gosden critically assessed the government and the Gambling Commission for advancing these affordability checks, which he believes could significantly impact bookmakers and result in a projected £250 million revenue deficit for British racing (The Sun). Gosden reportedly stated that the government has disregarded the industry, allowing the Gambling Commission to impose rules without parliamentary debate. He also expressed concern that this policy would lead punters to the black market, labeling it “the most ridiculous policy” (The Sun).

Key Details

  • The Gambling Commission’s affordability checks are proceeding despite objections from the racing industry and bookmakers, according to the Racing Post.
  • John Gosden, a six-time champion trainer, stated that affordability checks could lead to a £250 million loss in revenue for British racing (The Sun).
  • The Gambling Commission is an independent, executive non-departmental public body, sponsored by the Department for Culture, Media & Sport, with its regulatory actions subject to review by the Administrative Court (The Sun).
  • Affected parties within the sport, such as racecourse groups including the Jockey Club and Arena Racing Company, and possibly Ascot, York, and Goodwood, along with owners, could potentially initiate legal action (The Sun).
  • The Levy Board reportedly might also become involved in any legal challenge (The Sun).

Why It Matters

The implementation of these affordability checks by the Gambling Commission is presented as having significant financial implications for the British racing industry. The potential for a £250 million reduction in revenue, as cited by John Gosden, highlights the economic concerns within the sector (The Sun). Furthermore, industry figures argue that these checks risk diverting bettors towards unregulated markets, which could undermine efforts to protect vulnerable individuals (The Sun).

The call for a judicial review in the High Court underscores the industry’s intent to compel the Gambling Commission to justify its policy decisions and regulatory actions. This legal challenge would test the lawfulness, fairness, and rationality of the Commission’s decisions, as its independent status means its actions are subject to such scrutiny (The Sun).

What’s Next

Calls have been made for the racing industry to unite and pursue a judicial review against the Gambling Commission in the High Court (The Sun). While the British Horseracing Authority’s ability to initiate such action is reportedly uncertain, experts in law would determine this (The Sun). Entities directly impacted by the Commission’s actions, including major racecourse groups and owners, are being encouraged to coordinate a legal challenge. The Levy Board is also a potential participant, according to The Sun.

Originally reported by The SunPublished

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