On 18 May 2020, the Gambling Commission announced planned changes to its Regulatory Panels.  Claiming to improve how it regulates, and to provide further clarity to applicants and licensees on how the Regulatory Panel will decide on matters of procedure, the Gambling Commission proposes various changes to its procedural rules, as detailed in this blog.

Documentary and other evidence

Bundles will be sent to the Regulatory Panel no later than 21 days (presently seven days) prior to the hearing.  Further evidence after this point will require the “express permission” of the Regulatory Panel and only admitted with “good reason”.  If the bundle is disputed, the applicant/licensee must share their no later than 14 days prior to the hearing.

Arranging a hearing

A choice of three hearing dates over a two-month period will be provided.  Parties are expected to be “flexible” and “proposed dates will not be changed unless it can be demonstrated that there are good reasons why none of the proposed dates are workable.” 

Representations and evidence

An application to admit late evidence, by any of the parties, must be made to the Regulatory Panel.  The application will need to address the nature of the document, the reasons for it being produced at a late stage and whether and how its admission is necessary for the fair disposal of the hearing.  Such an application which will necessitate an adjournment will require “particularly good reasons”.  No details of “good” are provided; however, a reminder has been added that “an application is likely to be refused if reliance is placed on material which should have been provided with the original licence application, or which involves a material change to the application.”

Financial penalties

In determining whether a financial penalty is appropriate the Regulatory Panel will be able to ask the Gambling Commission for “any information it considers appropriate”, noting that this may include further representations from the Gambling Commission in response to any representations made by the licensees.  Licensees will have 30 days, from the date of any notice confirming the financial penalty, to make payment (presently, 14 days).

Dates for decisions

Decisions will be confirmed in writing within 21 days (presently, 14 days).

These proposed changes are set out in the following track changed Gambling Commission documents:

• Regulatory decisions: Procedures and guidance for regulatory hearings
• Licensing decisions: Procedures and guidance for licensing hearings

The consultation closes on 26 June 2020.