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Author Topic: Added prizes abroad a no go?  (Read 1483 times)
dik9
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« on: December 22, 2007, 08:23:30 AM »

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Last week, UK gambling licensees were informed by the UK Gambling Commission that they were not allowed to offer prizes that are located outside of the Commission approved white list areas. This has a big impact on the poker world, for any UK operator holding satellites to non-UK poker events. Offering prizes on foreign soil violates the Gambling Act of 2005 because it advertises non-UK approved events.

In section 331 of the Gambling Act, a person commits an offence if they "advertise foreign gambling other than a lottery". This rule was used to distinguish which operators were allowed to advertise their companies on television but now we see it's not just the direct form of advertising  referenced:

"Unless the overseas tournament is based in the European Economic Area, Gibraltar, or in white-listed jurisdictions, the advert is likely to amount to the advertising of 'foreign gambling,' which constitutes an offence under Section 331 of the Gambling Act 2005" said the Commission in the release.

It is not yet known how this will impact online poker. Although right now you can win seats to the EPT, WSOP and the Aussie Millions online – most of the card rooms are based outside the UK so not directly governed by the UK Gambling Act. We would expect to see statements coming from those that do in the near future.

This will have a great impact on satellite seats offered by bricks and mortar card rooms, who often hold satellites to events like the WSOP. Another operator effected will be the rapidly growing pub poker industry, many of whom have been giving away WSOP seats as part of their 'grand prizes' for winning the league overall.

Anyone found guilty of violating section 331 of the Gambling Act could face up to 51 weeks in jail and a fine.


Where did you find this one dude? Who told you about it and was it directly related to poker?

http://uk.pokernews.com/news/2007/12/gambling-commission-uk-ban.htm

Loads of B&M cardrooms advertise satellite events for foreign comps ...... EPT's WSOP etc 

For those interested Statutory Instruments 331 is here

Quote
The Gambling Act 2005 (Advertising of Foreign Gambling) Regulations 2007
Made
3rd August 2007
Laid before Parliament
9th August 2007
Coming into force
1st September 2007

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 331(4) and 355(1) of the Gambling Act 2005(1).

Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Gambling Act 2005 (Advertising of Foreign Gambling) Regulations 2007 and shall come into force on 1st September 2007.

(2) In these Regulations “the Act” means the Gambling Act 2005.

Exemption from prohibition on the advertising of foreign gambling
2.—(1) This regulation specifies for the purposes of subsection (4) of section 331 of the Act (prohibition on the advertising of gambling taking place or originating from a non-EEA State(2)) a place which is to be treated for the purposes of subsection (2) of that section as if it were an EEA State, but only in so far as that subsection applies to remote gambling(3).

(2) The place referred to in paragraph (1) is the Island of Alderney.

3.—(1) This regulation specifies for the purposes of subsection (4) of section 331 of the Act a place which is to be treated for the purposes of subsection (2) of that section as if it were an EEA State, but only in so far as that subsection applies to—

(a) remote gambling, and
(b) non-remote gambling which takes place in a casino.
(2) The place referred to in paragraph (1) is the Isle of Man.



http://www.opsi.gov.uk/si/si2007/uksi_20072329_en_1

It seems strange that guideline 3 had a section on satellites and trip expenses and the way they needed to be conducted, and then gets replaced by this?
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boldie
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« Reply #1 on: December 22, 2007, 11:00:25 AM »

hmm strange and ill-conceived part of the law I it indeed means UK based pokerrooms can't offer sats to things like the WSOP (EPT is in the EEC and therefore exempt) but, as the article says, most poker rooms are based outside the UK and the gambling commision holds no power over them. If enforced this law would definetly mean no poker rooms would ever establish themselves in the UK.
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kenjude
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« Reply #2 on: December 22, 2007, 12:20:43 PM »

It's bizarre when you consider how the DCMS were falling over themselves to try to persuade Laddies and the like to come home from Gibraltar and turn the UK into the gambling capital of the world. Then of course Idiot Brown hiked up the tax levels on gaming companies to kill any chance of that happening. And now this.

Typical non-joined up thinking from a clueless bunch of pillocks poking their noses into things they don't need to be involved in.
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« Reply #3 on: December 22, 2007, 01:07:55 PM »


The SI posted is just reg that announced the whitelist.  It is section 327 and following sections of the act itself that actually deal with advertising.  http://www.opsi.gov.uk/acts/acts2005/ukpga_20050019_en_22#pt16-l1g331

Literally interpreting the legislation, travel agents won't be able to mention vegas casinos in brochures.  Wearing logos for e.g. Full Tilt is also now a criminal offence.  Presumably there might also be problems with the poker magazines. 

Like all bad legislation it isn't actually clear who commits the crime.  Is it the tv channel or the person who pays for the advert or both?  Anyway Party, Ladbrokes etc certainly can't legally run tv adverts for wsop qualifiers.  Not sure what the effect will be on their websites, Party prob ok, but Ladbrokes and Betfair have parts of their business regulated in the uk. 

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boldie
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« Reply #4 on: December 22, 2007, 01:12:04 PM »


The SI posted is just reg that announced the whitelist.  It is section 327 and following sections of the act itself that actually deal with advertising.  http://www.opsi.gov.uk/acts/acts2005/ukpga_20050019_en_22#pt16-l1g331

Literally interpreting the legislation, travel agents won't be able to mention vegas casinos in brochures.  Wearing logos for e.g. Full Tilt is also now a criminal offence.  Presumably there might also be problems with the poker magazines. 

Like all bad legislation it isn't actually clear who commits the crime.  Is it the tv channel or the person who pays for the advert or both?  Anyway Party, Ladbrokes etc certainly can't legally run tv adverts for wsop qualifiers.  Not sure what the effect will be on their websites, Party prob ok, but Ladbrokes and Betfair have parts of their business regulated in the uk. 



it is intensely illconcieved..surely this could mean the end of sponsorship of the big sites for big UK fessies?..Would this include WSOPE?
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« Reply #5 on: December 22, 2007, 01:57:46 PM »


The SI posted is just reg that announced the whitelist.  It is section 327 and following sections of the act itself that actually deal with advertising.  http://www.opsi.gov.uk/acts/acts2005/ukpga_20050019_en_22#pt16-l1g331

Literally interpreting the legislation, travel agents won't be able to mention vegas casinos in brochures.  Wearing logos for e.g. Full Tilt is also now a criminal offence.  Presumably there might also be problems with the poker magazines. 

Like all bad legislation it isn't actually clear who commits the crime.  Is it the tv channel or the person who pays for the advert or both?  Anyway Party, Ladbrokes etc certainly can't legally run tv adverts for wsop qualifiers.  Not sure what the effect will be on their websites, Party prob ok, but Ladbrokes and Betfair have parts of their business regulated in the uk. 



it is intensely illconcieved..surely this could mean the end of sponsorship of the big sites for big UK fessies?..Would this include WSOPE?

Everything in the uk/eu/whitelist is ok.  It is odd though that unregulated matchroom tv crapshoots are presumably ok but the wsop isn't.
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boldie
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« Reply #6 on: December 22, 2007, 01:59:39 PM »


The SI posted is just reg that announced the whitelist.  It is section 327 and following sections of the act itself that actually deal with advertising.  http://www.opsi.gov.uk/acts/acts2005/ukpga_20050019_en_22#pt16-l1g331

Literally interpreting the legislation, travel agents won't be able to mention vegas casinos in brochures.  Wearing logos for e.g. Full Tilt is also now a criminal offence.  Presumably there might also be problems with the poker magazines. 

Like all bad legislation it isn't actually clear who commits the crime.  Is it the tv channel or the person who pays for the advert or both?  Anyway Party, Ladbrokes etc certainly can't legally run tv adverts for wsop qualifiers.  Not sure what the effect will be on their websites, Party prob ok, but Ladbrokes and Betfair have parts of their business regulated in the uk. 



it is intensely illconcieved..surely this could mean the end of sponsorship of the big sites for big UK fessies?..Would this include WSOPE?

Everything in the uk/eu/whitelist is ok.  It is odd though that unregulated matchroom tv crapshoots are presumably ok but the wsop isn't.


yes but surely you can no longer promote Full tilt and Stars anymore? So why would they send their pros to WSOPE?
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« Reply #7 on: December 29, 2007, 11:01:54 PM »


Hmmmm noticed that Party are still advertising their cruise on tv, so obv the way round the legislation is just to name your prize a holiday to wherever......
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