Gambling Act rules cause concern

Fundraising | Gemma Ware | 1 Sep 2007

Charities that run lotteries have until 1 September to get their house in order before new laws introduced under the Gambling Act 2005 come into force.

Ambiguity within the legislation has led to confusion within the sector, particularly surrounding the issue of Personal Management Licences (PML) and the licensing of external lottery managers.

PMLs are required by any organisation involved in the gambling industry. And within larger organisations individuals in charge also require PMLs, making them personally liable for gambling activity.

"Some of the larger charities may fit into this category," says Clive Mollett, chair of the Lotteries Council. "However, it's difficult to assess as it depends on individual circumstances including size of the lottery, size of the charity and the way in which the charity is constituted".

"It's quite a large imposition for example, if a director of fundraising is given a PML, and someone in a different department did something illegal with the lottery that the director of fundraising knew nothing about they would still be personally responsible and could face criminal sanctions," he warns.

Also causing concern is the requirement to license external lottery managers. These are required by anyone who makes arrangements for lotteries, including suppliers such as printers and telemarketing agencies.

"Even telemarketing agencies that don't actually sell tickets but that simply introduce people to lotteries are impacted by this," says Mollett. "Although they don't actually touch any money, the Gambling Commission views it as acting as an external lottery manager meaning they have to go through a complex and expensive licensing process in order to continue with this type of activity".

Mollett also recommends charities that have received their bill for a lottery licence renewal to check it carefully. An administration error on the behalf of the Commission has meant a 25 per cent discount that is available has in many cases not been applied.

For more information or guidance on matters relating to the Gambling Act 2005, visit www.lotteriescouncil.org.uk

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