Gaming and Gambling Lawyer
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Latest Gambling Commission Consultation on proposed changes to its Licensing, Compliance, and Enforcement Policy
At a time when most of us are winding down—or those in retail or leisure, winding up—for the holiday season, comes a new (and important) consultation from the Gambling Commission (GC) on proposed changes to its Licensing, Compliance, and Enforcement Policy. For gambling lawyers, this consultation includes 15 substantive questions that potentially impact the application process, the management and monitoring of gambling businesses, and the review process. The breadth of the proposals means that it is most important that responses are submitted by all those with a stake in the industry, whether they be operators, gambling lawyers, advisors (who will be particularly affected by the proposed procedural changes), affiliates, NGOs—or simply interested members of the public with views to express.
Recently Jeremy was honoured and delighted to be asked by IMGL to chair an influential panel of experts considering HMG's forthcoming review of the UK's Gambling Act. The panel consisted of: Lord Philip Smith of Hindhead, who sat on the Parliamentary Committee in the House of Lords; Lawrence Robertson, Member of Parliament for Tewkesbury and a member of the Conservative government in the Commons (and a keen fan of horseracing to boot); Brigid Simmonds OBE, Chair of the Betting and Gaming Council, the Industry trade body; Andrew Tait, a highly-regarded gambling lawyer with INCE Gibraltar, and Adam Rivers, Regulatory Economist and Director of Gambling with global accountancy firm, KPMG.
This article from the first edition of IMGL's new trade magazine for the UK, summarises our extremely interesting discussion.
Jeremy is a General Editor of Smith & Monkcom – The Law of Gambling, now in its fourth edition and the acknowledged leading text on the law in this field in the UK. In 2020 he was made an International Master of Gaming Law by the IMGL, an invitation-only, non-profit corporation dedicated to education and the advancement of the gaming law profession. The Las Vegas based association boasts a worldwide network of specialist gambling lawyers, each of whom is recognised in a leading third party publication as preeminent in the area of gaming law; or has demonstrated such a status by written narrative.
Jeremy has advised in multiple significant cases addressing claimed breaches of Gambling Commission's LCCP provisions, as well as Know Your Customer (KYC), Anti Money Laundering (AML), Responsible/Safer Gaming (RG/SG) and Social Responsibility (SR) requirements and penalties.
He has successfully defended civil proceedings to recover monies staked and winnings accruing where claimants failed to satisfy the operators' contractual requirements. Engaging fully all contemporaneous GC Codes and Conditions and successfully developing novel arguments concerning Part 2 Consumer Rights Act 2015.
In more recent years Jeremy has been typically engaged in advising one of the leading international gambling operators in relation to a range of high-value AML, KYC, SR and RG online gambling issues.
He frequently acts in challenges to the Gambling Commission reviews and suspensions to existing Operating Licences and has represented operators and PML holders in several appeals to the First-Tier Tribunal (General Regulatory Chamber) Gambling raising a range of novel legal issues.
Chairing licensing conferences for many years Jeremy recently devised and moderated an gambling webinar for the IMGL and viewed in many countries across the world. Introduced by Marc Ellinger (President, IMGL), the Panel included Neil McArthur (Chief Executive, Gambling Commission), Brigid Simmonds OBE (Chair, Betting & Gaming Council) and Andrew Tait (Partner, InceGD, Gibraltar).
He has also recently conducted a comprehensive regulatory and AML audit of a leading global casino for a quoted Hong Kong investor in relation to a planned 9-figure acquisition.
Decisions
- Chohan v Gambling Commission – duties of a holder of a personal management licence (PML). First appeal to be determined by First Tier Tribunal (Gen – Gambling). Clarified the extent of the duties of a PML holder.
- Genesis Global v Gambling Commission – interim challenge withdrawn after the Commission , prior to an appeal hearing, removed its suspension of the company's operating licence. Case raised a number of interesting technical issues concerning the Commission's decision-making procedures.
- Greene King Brewing and Retailing Ltd & Anor v The Gambling Commission – advised on a number of specialist legal and technical issues in relation to the pubco's appeal.
Legal guides
'Especially valued for his encyclopaedic knowledge of licensing law, he is described by sources as being an experienced and persuasive advocate. He advises large-scale corporations and local authorities on various taxi, SEV and gambling issues.'
Chambers and Partners
"His intimate knowledge of the minutiae of licensing law is remarkable."
Chambers and Partners
"His courteous but knowledgeable manner instils confidence in clients, and he exudes gravitas before tribunals."
"He's a great man to have on your side when the questions are awkward."
Case Studies & Testimonials
Comprehensive regulatory analysis of an international casino for Hong Kong Stock Exchange
Jeremy was instructed by a Hong Kong listed company to provide a substantial opinion for the purchaser, advising on the licensing and regulatory laws applicable to a leading global London-based casino. Assessing the controls, implementation and compliance with all relevant laws for an Advice, to be submitted to the Hong Kong Stock Exchange. Further considering the technical requirements of the HKEX. He considered all aspects of the casino's regulatory controls, including compliance with the Gambling Commission requirements, KYC, AML and SR controls, adequacy of monitoring and reporting arrangements and potential material risks. Further, advising whether the Target Company's gambling, AML history or other relevant arrangements were unlawful to the extent that they were presently more likely than not to form the basis of enforcement action by the Commission or any other relevant regulator. Their work on this project revealed that the casino had some best in class policies and practices, together with a well-informed management team delivering a high quality well run business. Jeremy Phillips KC was supported by barrister, Michael Fry, as well as the UK and Hong Kong teams of Eversheds Sutherland LLP:
"We were very pleased to work with Jeremy Phillips KC on a particularly complex outbound transaction involving the proposed acquisition of a prominent London-based casino by our client, which is a Hong Kong listed company. The proposed acquisition was noteworthy in that it was the first proposed reverse takeover of a gambling company by a Hong Kong listed company, and there were strict and stringent requirements by the HKEX on the acquisition of gambling companies given the local regulatory and policy considerations.
As gambling regulation is a highly specialised area, Jeremy's pragmatic and timely advice was critical in helping the client to comprehensively address the requirements of the regulators in Hong Kong. Jeremy's professionalism and wealth of experience was instrumental in helping the client to distil the complexity of some of the issues in a manner that was easily understood by the client. We had to work under a tight timeframe together with Jeremy and despite the time challenges; Jeremy was committed to helping us to address the request. We and the client thoroughly enjoyed working with Jeremy on this project and we appreciate and value his collaborative efforts in preparing the relevant report for the proposed acquisition. We look forward to working with Jeremy again in the near future."
Dickson Ng, Eversheds Sutherland (Hong Kong)
Analysis & recommendations concerning law and practice in multiple Gambling Commission challenges over an extended period
Acting for a leading global provider of online betting services in relation to multiple interactions with the UK Gambling Commission concerning responsible gambling and AML issues with its customers. Also advising on B2B issues and interfaces with a range of overseas regulators.