Pursuant to a DCMS “Consultation Response: Prohibiting Third Party Betting on Non-UK EuroMillions Draws” document in December 2017 (on which we reported previously), the Gambling Act 2005 (Operating Licence Conditions) (Amendment) Regulations 2018 have come into force today (6 April 2018).
The consequence of this is that a new statutory licence condition is imposed on all existing (a) general betting, (b) pool betting and (c) betting intermediary operating licences (and will be imposed on all future such licences), the effect of which is to prohibit holders of those licences from offering to consumers in Great Britain any opportunity to place bets on a EuroMillions draw (which means a draw in relation to a EuroMillions lottery) or on the outcome of a EuroMillions lottery, regardless of the name given to that lottery or how that lottery is described in any jurisdiction.
The reason for this change was explained in the DCMS December 2017 announcement as follows: “In order to preserve the clear boundary between The National Lottery and gambling that s.95 of the Gambling Act seeks to achieve, and prevent a potential negative impact on National Lottery good cause returns, we propose introducing a licence condition to prohibit operators from offering bets on EuroMillions draws outside the UK.”
Operators licensed by the Gambling Commission must bear in mind that, under section 33 of the Gambling Act 2005, they will commit a criminal offence if they fail to conduct their business in accordance with the terms and conditions of their operating licence (including this new licence condition). However, as we have previously reported, this change will not prevent betting operators from offering bets on international lotteries that do not raise funds for UK good causes.