Gambling Restrictions upon Arts. 43 and 49 EC Treaty in UNITED KINGDOM

Justification

• National measure
  • Compatibility with EC law, in particular with the principle of proportionality

Public order, money laundering, crime

• Gambling Act 2005, section 175
  Numerical limitation on the issuance of licenses to operate additional casinos in premises
  • The compatibility of this measure with EC law and the acceptability of the justifications advanced in light of the ECJ’s principles have not been the subject of judicial evaluation.

Consumer protection

• Gambling Act 2005, section 175
  Numerical limitation on the issuance of licenses to operate additional casinos in premises
  • The compatibility of this measure with EC law and the acceptability of the justifications advanced in light of the ECJ’s principles have not been the subject of judicial evaluation.
• Gambling Act 2005, sections 172 and 244
  High turnover machine gambling services may be offered only on casino premises by holders of British casino operating licenses

Social order, moral and cultural standards

• Gambling Act 2005, section 166
  Local government authorities have an option to refuse to issue any licenses for casino premises located in their areas
  • The compatibility of this measure with EC law and the acceptability of the justifications advanced in light of the ECJ’s principles have not been the subject of judicial evaluation.

Other grounds

1. Maximisation of revenues raised for good causes

• National Lottery etc. Act 1993, subsection 1(3)
  National Lottery etc. Act 1993, subsection 5(2)
  Gambling Act 2005, subsection 98(1)
  Gambling Act 2005, sections 258 and 259 and subsection 265(1)
  A legislative monopoly over the operation of large-scale commercial lotteries is accorded to the holder of the sole national lottery license.
  • The compatibility of the cited provisions of the National Lottery Act 1993 with EC law and the acceptability of the justifications advanced in light of the ECJ’s principles have been the subject of judicial evaluation by the ECJ itself in case C-275/92 “Schindler”, but not by British courts.
• Gambling Act 2005, sections 258 and 339, subsections 98(1), 14(2), 14(3) and 14(5) and subsections 11(3) and 14(6) in conjunction with Schedules 1 and 2 respectively
  Certain popular forms of sales promotions constitute lotteries under British law and can be conducted only pursuant to a lottery operating licenses. However, such licenses cannot be issued to the sort of enterprises that wish to conduct sales promotions.

2. Transitional protection of racing industry revenues

• Gambling Act 2005, sections 33 and 94
  Horserace Betting and Olympic Lottery Act 2004, section 8
  The exclusive right of a horseracing industry body to offer pool betting services in respect of horseracing in Great Britain will be transitionally continued during a period of seven years
  • The compatibility of this measure with EC law and the acceptability of the justifications advanced in light of the ECJ’s principles have not been the subject of judicial evaluation.
• Gambling Act 2005, section 180
  The exclusive right of operators of British greyhound racing tracks to offer traditional pool betting services in respect of racing on their tracks will be transitionally continued until the end of 2012

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