“A lot of the work that I do is historic-the maximum sentences change at different points of time. It's really complicated and people get it wrong all the time. That's when having a timeline is really useful.”
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This Checklist This Checklist sets out the main considerations before launching a prize promotion, prize competition, or a prize draw in Great Britain. See also the Practice Note: How to run a prize promotion. At the outset, ensure any advice confirms the activity is not an unlawful lottery under the Gambling Act 2005 (GA 2005) and that it meets the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). These matters are explored in detail in Practice Note: Prize promotions. This Checklist also contains an optional section for operators that have signed, or are thinking of signing, the Voluntary Code of Good Practice for Prize Draw Operators (Voluntary Code), issued by the Department for Culture, Media and Sport (DCMS) on 21 November 2025 (see: LNB News 20/11/2025 30). Founding signatories must bring the Voluntary Code requirements into effect by 20 May 2026 at the latest. Any operators joining after that implementation date must be fully compliant from the date of signature...
In this issue: Advertising, marketing and sponsorship Contracts E-commerce Supply chain LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship CAP and BCAP update guidance on under-18s protection in gambling advertising The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) have refreshed their guidance on safeguarding under-18s in gambling and lottery advertising. The revision draws on three years of applying the ‘strong appeal’ test, introduced in 2022 to replace the earlier ‘particular appeal’ benchmark for material likely to draw undue attention from under-18s. Notable changes clarify social media audience thresholds, confirming that a combined total of at least 100,000 follower accounts registered to under-18s across platforms is indicative of strong appeal to minors. A new Context section sets out how appeal can vary with placement and execution, there is added clarity on differentiating ‘adult-centric’ and ‘non-adult-centric’...
Editor’s note Welcome to the third issue of the Public Law case law quarterly for 2025, spanning the third quarter of the year. Marking 25 years to the day since the Human Rights Act 1998 came into effect, we open with close scrutiny of recent human rights case law and closely connected considerations, starting with the Supreme Court’s judgment in Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs. In that appeal, the Court ultimately rejected claims brought by individuals and companies challenging the UK’s post‑Brexit sanctions framework as a disproportionate interference with their rights. The ruling carries significant consequences for future judicial review of executive measures adopted for foreign policy and security purposes, and is essential reading for practitioners across sanctions, constitutional and human rights law. This edition also covers the Supreme Court’s judgment in Department for Business and Trade v Information Commissioner, which clarifies how public bodies should approach information when falling within multiple qualified exemptions under the Freedom of Information Act 2000 (FIA 2000)....
In this issue: Brexit highlights Constitutional and administrative law Judicial review Public procurement Information law Other public law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights Pre-settled status and equal treatment under Withdrawal Agreement (Fertré v VWHDC) The Court of Appeal has made clear that EU nationals with Pre-Settled Status are not, by that status alone, entitled to housing assistance. Article 23(1) of the Withdrawal Agreement affords equal treatment to Union and British citizens who are resident in the host state on the basis of that Agreement. The court determined that this safeguard applies only to those with directly enforceable rights under the Agreement—i.e. individuals who satisfy its specified conditions—and not to everyone holding Pre-Settled Status, which is a broader domestic category (though some will meet both). The appellant was found not to be residing under the Agreement because she did...
This overview of gambling law sets out the legal issues most relevant to the gambling industry, aimed at general commercial lawyers wanting to familiarise themselves with betting and gaming law overall and the current hot topics influencing the sector. It considers the legal treatment of betting, gaming and lottery activities, the Gambling Act 2005 (GA 2005), non-gambling activities and international gambling. Gambling activities In the UK, some forms of entertainment are regarded as needing legal oversight as gambling. Three core categories are identified: betting, gaming and lotteries. ‘Gambling’ is an umbrella term for all three. The principal statutory framework is GA 2005. This sweeping reform replaced a dense, historic regime that had developed piecemeal over more than two centuries, mirroring evolving attitudes to gambling. GA 2005 regulates all gambling save for the National Lottery and types of betting treated as financial products. Since its enactment, over 70 items of subordinate legislation have been made. Key terms Betting, gaming and lotteries are each defined in GA 2005....
Many charities, from the smallest to the largest, turn to lotteries to generate funds, and they become especially crucial in times of recession when donations are scarce. Yet lotteries are, by their very nature, a form of gambling and, for that reason, they are subject to safeguards and other rules. For an overview of gambling law and lotteries, see the Practice Note Gambling law—at-a-glance guide. Trustees of charities that run, or are considering running, lotteries should understand these requirements before launching any lottery initiative. This calls for a working grasp of the Gambling Act 2005 (GA 2005) and awareness of the Gambling Commission’s role in such activities. In short, lotteries are unlawful unless licensed by the Gambling Commission and registered with the local authority, or are exempt. Charity trustees should also consult the Fundraising Regulator’s Code of Fundraising Practice, which provides guidance for charities and other non-profit organisations on conducting a lottery, prize competition or free draw. What is a lottery? ...
This Practice Note outlines the UK gambling licensing framework. It reviews operating, personal and premises licences and sets out the application route, including factors the Gambling Commission (the Commission) or a local authority will weigh before deciding an application. Guidance on the application journey spans submission, scrutiny and decision, highlighting what the Commission and local authorities consider at each stage of the process. It also addresses licence conditions, alteration and termination for each licence, along with reforms brought in by the Commission. The three categories of licence available in Great Britain are: operating licences personal licences premises licences Operating licences Operating licences authorise an operator to supply a particular gambling product. Accordingly, anyone wishing to offer commercial facilities for gambling in Great Britain must hold an operating licence. Apart from small society lottery permits, only the Commission may award operating licences. Providing gambling facilities without the correct operating licence (or reliance on a statutory exemption) amounts to unlicensed gambling under the...
For the purposes of the Gambling Act 2005 (GA 2005) Under GA 2005, s 3, gambling encompasses ‘gaming’, ‘betting’ and taking part in a ‘lottery’. ‘Gaming’ is defined in GA 2005, s 6 as playing a game of chance for a prize under that provision. A game of chance covers the following: a game that contains both an element of chance and an element of skill, a game where the element of chance can be eliminated by superlative skill, and a game presented as involving an element of chance, but it does not include a sport. There must be some element of chance and the prospect of winning a ‘prize’ for the activity to qualify. The Q&A does not indicate the setting in which the mystery box of prizes is being offered to participants. If the prize is to be obtained by taking part in a game of chance as described in GA 2005, s 6, it will fall within the...
For this Q&A, our review is confined to how lotteries, competitions and prize draws differ. Our analysis has focused specifically on distinguishing among these three mechanisms. Definitions The meaning of 'prize competition' Under the Gambling Act 2005 (GA 2005), a ‘prize competition’ means any contest or arrangement in which a participant may secure a prize, so long as it does not fall within the statutory concept of gambling. The meaning of 'gambling' English law recognises three principal forms of gambling: betting, gaming and lotteries. While the statutory tests are intricate, they can be outlined in broad terms as follows: Betting involves making or accepting a wager on the result of a race, competition or other event or process, on the likelihood of something occurring or not occurring, or on whether a proposition is true or false (even where one party knows the facts). Although ‘bet’ is not expressly defined in legislation, case law commonly characterises it as risking something of value on...