Compliance Updates
Swedish Trade Association for Online Gambling – BOS welcomes possible prejudicial decision on penalty fees
The Supreme Administrative Court of Sweden last Tuesday made a remarkable statement linked to a decision on a penalty fee against the gambling operator Genesis Global Ltd. The Supreme Administrative Court states, similar to what BOS has claimed for a long time, that penalty fees decided by the Swedish Gambling Authority should be based on Gross Gaming Revenue (GGR), and thus not gross turnover as the SGA has applied so far.
A gambling company’s GGR is usually less than ten percent of its gross turnover.
The decision from The Supreme Administrative Court may have a prejudicial effect, not only for future decisions on penalty fees, but for all penalty fees that have already been imposed since the Swedish re-regulation in 2019. The issue is far from settled, but this may mean significant cost reductions for future but also already decided sanction decisions. The possible prejudicial effect is now under investigation at the SGA.
“This decision is very welcome, albeit belated. That penalty fees should be based on GGR and not gross turnover should have been obvious from the start, since it is only GGR that the gambling company has at its disposal and can therefore use to pay any penalty fees. The rest of the money belongs to the gamblers and not the gambling company”, says Gustaf Hoffstedt.
“We look forward to the SGA’s review of sanction decisions made since the Swedish reregulation. We appeal to the inspectorate not to increase the penalty fee based on GGR tenfold, just to get to the same level as the previous fee based on gross turnover. The Swedish penalty fees have been grotesquely high and now the Supreme Administrative Court is giving Sweden a second chance to settle on a more reasonable level for penalty fees”, concludes Gustaf Hoffstedt.
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The Alcohol and Gaming Commission of Ontario (AGCO) is continuing its efforts to combat unregulated gambling and protect the public. As part of these efforts, the AGCO took steps this week to revoke the lottery seller registrations of a number of retailers in the GTA that were found to be offering unapproved electronic gambling machines under the Prime Slot brand.
The AGCO regulates all gambling in the province of Ontario to ensure gambling products and gaming sites are held to high standards of game integrity, player safety, and the protection of minors and vulnerable individuals.
Over the past decade, unregulated gaming machines have increasingly proliferated across North America. While they largely rely on chance like traditional slot machines, manufacturers have claimed they are games of skill and have installed terminals in convenience stores and other locations where gaming machines would otherwise be prohibited.
The AGCO will continue to take every action within its authority to protect the public against the risks that these unregulated machines pose – particularly in locations easily accessible to children and youth.
A registered lottery seller served with a Notice of Proposed Order to revoke their registration has the right to appeal the AGCO’s action within 15 days to the Licence Appeal Tribunal (LAT), an adjudicative tribunal that is part of Tribunals Ontario and independent of the AGCO.
“Unapproved gambling machines have no business being in convenience stores or other locations, particularly those that are available to children and youth. ” – Dr. Karin Schnarr, Chief Executive Officer and Registrar, AGCO
Background:
Under Section 10(b) of the Gaming Control Act, the Registrar shall refuse to register an applicant as a supplier or to renew the registration of an applicant as a supplier if there are reasonable grounds to believe that the applicant will not act as a supplier in accordance with law, or with integrity, honesty, or in the public interest.
Under Section 12 of the Gaming Control Act, the Registrar may propose to suspend or to revoke a registration for any reason that would disentitle the registrant to registration or renewal of registration under section 10 if the registrant were an applicant.
The post AGCO takes action to remove unapproved gambling machines from Ontario convenience stores appeared first on Gaming and Gambling Industry in the Americas.
Asia
Think Tank Advocata Questions Independence and Integrity of Proposed Gaming Regulator in Sri Lanka
Sri Lankan policy think tank has questioned the independence and integrity of the country’s proposed new regulatory body as the government rushes to put the agency in place ahead of next month’s launch of Melco Resorts & Entertainment’s City of Dreams Sri Lanka.
Sudaraka Ariyaratne, Research Consultant at Advocata Institute, said to media that while establishing a regulator was vital to the industry’s long-term future, the planned Gambling Regulatory Authority appears to lack the independence needed to provide proper oversight.
Ariyaratne said: “If you look at the theory of regulation, it is very clear that the regulator has to be an independent body which gives credibility. That is not the case with this Gambling Authority Bill.
“I think the government is trying to push this bill through in a rush because Melco is coming next month. We think Melco would’ve wanted a regulator in place. When it comes to these big names in the gaming industry, the integrity of the market is a big consideration, given the image of the industry, as a whole. They need to sustain a good reputation so that they can attract good customers to whom integrity is important.”
Ariyaratne, who stressed that his think tank supports the idea of a legal, regulated gambling industry, added that the Gambling Regulatory Authority in its current form risks being a proxy for the nation’s Finance Minister.
“Even if it’s not a proper regulator, as long as it gives the perception of integrity, that’s what [operators] are looking for, to engender market confidence,” he said.
“The danger with this bill is that it won’t even give a perception of integrity, if the Minister of Finance can basically do whatever he or she wants.”
Ariyaratne added that Sri Lanka would be better served to withdraw its current bill and resubmit a more comprehensive version.
The post Think Tank Advocata Questions Independence and Integrity of Proposed Gaming Regulator in Sri Lanka appeared first on European Gaming Industry News.
The Dutch Gaming Authority (KSA) has contacted ZEbetting and Betca regarding prohibited betting offers. Both providers offered bets on winning or losing a set during tennis matches. This is not permitted. The KSA has ordered both parties to end the violation and keep it stopped.
Both ZEbetting and Betca have indicated that they have resolved the violation and taken measures to prevent recurrence. The KSA emphasized the importance of monitoring the offering. If providers have nevertheless offered prohibited betting options due to an error, they must also proactively report this to the KSA.
To prevent sports betting manipulation (match-fixing) and protect the integrity of the sport, Dutch gambling legislation prohibits betting on certain matches and events. These include events that are negative or easily manipulated. These events also include winning and losing specific sets in tennis matches. Therefore, bets on these events are prohibited.
The post KSA: ZEbetting and Betca Warned About Prohibited Betting Offer appeared first on European Gaming Industry News.
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