Permission granted to bring judicial review against the UK Government and the Gambling Commission
This article was produced by Olswang LLP, which joined with CMS on 1 May 2017.
We reported in August that the Gibraltar Betting and Gaming Association (the GBGA) had issued a claim for judicial review against the UK Government and the Gambling Commission. The subject of the claim is the new licensing regime, set out in the Gambling (Licensing and Advertising) Act 2014 and associated Gambling Commission guidance and policies which is due to come into force on 1 October 2014. Under the new regime, remote gambling operators situated anywhere in the world will be expected to be licensed and regulated by the Gambling Commission if they have any British customers.
In judicial review proceedings the first step is to obtain permission for the proceedings to be brought. In a judgment of Mr Justice Hickinbottom dated 12 September 2014, the GBGA was granted permission to bring its challenge to the new licensing regime. The Court recognised that the proceedings were urgent given the new licensing regime is set to come into force on 1 October 2014. A full hearing of the matter is therefore scheduled to take place on 23-24 September 2014.
At this hearing the GBGA will argue that the place of consumption licensing regime is:
- An illegitimate and disproportionate interference with the right to free movement of services under Article 56 of the Treaty on the Functioning of the European Union;
- Discriminatory in breach of European law; and
- Irrational.
A cross-departmental team from Olswang (drawing together its public law, European law and gambling expertise), with Dinah Rose QC and Brian Kennelly of Blackstone Chambers, are instructed by the GBGA.
Head of Public Law, Dan Tench commented:
"Our client is pleased that the Judge has recognised the strength of our claim, and has taken very sensible steps to ensure this is heard expeditiously before the regime is due to come into force. This is absolutely essential not only because we believe that this regime falls foul of European law but also because of the severe risk of detriment of consumers arising from the new law."
