As the Gambling Act’s current suitability is called into question and media queries responsible gambling responsibilities, Eiizabeth Varley of licensing law firm Poppleston Allen asks the important questions

On 17 June 2025, the BBC released their File on 4 Investigation into Adult Gaming Centres (AGCs). The 37-minute podcast examined the ability of High Street AGC operators to protect vulnerable individuals from gambling harms.

The podcast sees ex-BBC producer Greg Clark visit 14 AGCs in Portsmouth. Having self-excluded from AGCs within a 40km radius, Greg proceeds to visit 14 AGC venues across the city. Of the 14 premises, 1 prevents Gregg from entering after successfully navigating the self-exclusion database.

For those keeping an ear to the ground, it is clear that land-based operators are currently under close scrutiny at a national level by the Gambling Commission, and more locally by Local Authorities.

Evidence of this can be seen from the Gambling Commission’s recent suspension of AGC operator Wyke Gaming’s Operating licence for failing to participate in the multi-operator self-exclusion scheme, and for failing to have a complaints and dispute process in place at its venue. Localised issues were epitomised in the recent Magistrates Court decision to dismiss an appeal brought by Royal Amusements who sought to challenge Sheffield City Council’s decision to refuse its application for a new AGC Premises Licence.

These recent events fall against the backdrop of political unrest surrounding the suitability of the Gambling Act to address modern-day gambling harms. On 2 April 2025, Brent leader Muhammed Butt addressed a letter to the Department of Culture, Media and Sport (‘DCMS’) on behalf of 48 Councils calling for urgent reform to address community harms posed by what he penned as a ‘proliferation of gambling venues’.

The letter, amongst other things, demands that the Government reform the aim to permit principle which is enshrined in the Gambling Act. The signatories to the letter claim that Local Authorities should be granted the power to reject premises licence applications that threaten the community’s welfare and safety. Data produced by the Gambling Commission shows that of the 48 signatories, 44% did not undertake any premises inspections in 2023/24, calling into question why additional powers are being requested when the existing toolset is not being utilised.

The Gambling Act expressly removed the demand criterion seen in its predecessor, meaning Authorities were no longer allowed to give regard to the expected demand for gambling facilities. Despite what current media may suggest, what the Gambling Act did not do was create an irrebuttable presumption in favour of grant of new premises licences. 

What Authorities are required to do is to aim to grant premises licences in so far as the Authority thinks appropriate in accordance with codes of practice, guidance, the licensing objectives and their own statement of gambling policy.

The Gambling Commission’s own guidance to Licensing Authorities states that the effect of the above duty is that, “both the Commission and Licensing Authorities must approach their functions in a way that seeks to regulate gambling by using their powers […] to moderate its impact on the licensing objectives rather than by starting out to prevent it altogether.”

 The gambling sector is one of the most heavily regulated in Great Britain. For the land-based sector, that regulation is two-fold in the form of the Gambling Commission and the Local Licensing Authority, both of whom have enforcement powers at their disposal.

In 2024 the Gambling Commission published their Gambling Survey for Great Britain (GSGB). The GSBG is often quoted by those seeking to question the industry’s ability to safeguard its users from gambling harms. The industry has however rightfully called into question the accuracy of the GSGB data which reports the prevalence of gambling harm at a rate ten times higher than the NHS Health Survey for England. The Commission themselves have warned that until further work is completed, the GSGB should not be used to calculate the rate of gambling-related harm in Great Britain.

It is also worthy of note that the Gambling Commission’s 2024 Industry data shows that in 2011 there was a total of 12,307 AGC, Betting, Bingo Casino and FECs premises licences in force.  By 2024 that number had dropped across all sectors to a total of 8,329, with the largest declines seen in Betting and AGCs.

It seems fair to conclude that the picture is not as clear as some may suggest. The industry appears to be on the cusp of change, albeit it is not clear what that change may look like.