Fanteam incurs £56,700 financial penalty for marketing-related breaches of the LCCP

Seemingly without any additional publicity, the Gambling Commission has published on its ‘Regulatory Action’ webpage details of a £56,700 financial penalty recently imposed on Scout Limited trading as ‘Fanteam’ for breaching LCCP Social Responsibility Code provisions:

  • 3.5.3(2) relating to marketing to self-excluded customers and
  • 5.1.11 relating to direct electronic marketing consent.

The Commission states as follows:

Following an investigation outside of a Licence review, the Gambling Commission (“the Commission”) found that Scout Limited t/a Fanteam (“the Licensee”) failed to comply with:

  • Social responsibility code provision (“SRCP”) 3.5.3(2), which states: “Licensees must, as soon as practicable, take all reasonable steps to prevent any marketing material being sent to a self-excluded customer.”
  • SRCP 5.1.11, which states: “Unless expressly permitted by law consumers must not be contacted with direct electronic marketing without their informed and specific consent. Whenever a consumer is contacted the consumer must be provided with an opportunity to withdraw consent. If consent is withdrawn the licensee must, as soon as practicable, ensure the consumer is not contacted with electronic marketing thereafter unless the consumer consents again. Licensees must be able to provide evidence which establishes that consent.”

The failure to comply with a SRCP is a breach of a licence condition by virtue of section 82(1) of the Gambling Act 2005 (“the Act”).

In line with the Commission’s Licensing, compliance and enforcement policy statement, the Indicative sanction guidance and the Statement of principles for determining financial penalties, the Commission has decided to impose a financial penalty of £56,700.00 under section 121(1) of the Act.

Commission Officials note the immediate remedial action taken by the Licensee and acknowledge that the Licensee has co-operated with the Commission throughout the investigation.