Gambling Commission issues guidance for house competition organisers

Good news for UK house competition organisers! Following the protracted intervention into the Win a Devon Property with Fishing competition, and the confusion that ensued, the UK Gambling Commission just issued further guidance for anyone interested in running a win a house competition.

According to the advice note, "over 50" organisers received a letter, and to my knowledge quite a number more were waiting for clearer signals. All hoped the Gambling Commission might take this opportunity to provide a clearer trading environment.

However most organisers awaiting clarity are likely to be dissapointed by the lack of additional guidance. The main points that might be considered new are that:

1) In principle an individual disposing of a property through a house competition can use a genuine prize competition to do so.

Not quite that new, as most people knew that it could be done legally, just not how. What is noteworthy is that it singles out house competitions per se. So, good news for organisers!

2) It not within Commission's remit to ‘approve’ prize competitions which remain free of statutory control under the Gambling Act 2005.

This was somewhat dissapointing given the evident demand for clear actionable guidance. Sure prize competitions fall outside of the GC's remit. However it is already policing the boundaries of gambling, and the fact that it does provide guidance on activities that fall outside of its remit contradicts its "that's not my job" stance.

I'd be very curious to know why they didn't just clarify the matter further. As it stands, competition organisers will continue to face the dreaded prospect of a regulatory body intervening; telling them that what they're doing is against the law; but at the same time refusing to provide guidance on what makes it illegal!

Of course at times the organisers clearly did it to themselves and hadn't done even basic research. Which leads us to their next point.

3) Organisers should read the Commission’s existing guidance on prize competitions and free draws and take legal advice before proceeding.

As mentioned before, the little guidance that exists could be clearer. Which is also why legal advice is no guarantee. Remember the Wilshaws? Ok their lawyer got them off the hook pro bono, but I wouldn't call it smooth. But yes, fair enough. Others clearly hadn't read what's there.

4) Every case is different and a decision over prosecution in one case will not necessarily set a precedent for others.

More certainty that things are uncertain. A cynic might read this as "we didn't prosecute the Wilshaws because we messed up and people found out about it. But that doesn't mean we won't prosecute you if you use the same model"

All in all not much that's new. Dissapointing given that many organisers had hoped for greater clarity. But for me the bigger question is this: Why does a regulatory body, that we finance as tax payers, and whose activities impact economic life, not use an opportunity such as this to make that life a little easier, particularly amidst tough economic conditions?

One important implication is that most payment providers will likely continue to only hesitantly handle payments, or avoid house raffles and competitions entirely. 

The advice note as well as other guidance is available on the Gambling Commission's website.