News Tribunal Decision in Gambling Commission v Greene King Appeal

Gambling Commission successful in their appeal against the decision of the First Tier Tribunal

  • Date: 09 February 2016

Commenting, Nick Arron, Partner at Poppleston Allen said: “The Gambling Commission have succeeded in their appeal to the Upper Tier Tribunal, against the decision of the First Tier Tribunal, which had said that Greene King should be granted an Operating Licence.

You may remember back in December 2014, Judge NJ Warren in the First Tier Tribunal allowed Greene King’s appeal and remitted their Bingo Operating Licence applications back to the Gambling Commission with a direction that the applications be granted.

The Gambling Commission appealed that decision to the Upper Tier Tribunal, and Judge H Levenson heard the appeal on 8th October 2015. He has now handed down his judgement , finding in favour of the Gambling Commission, and their appeal succeeds. Judge H Levenson agreed with the original decision of the Gambling Commission to refuse the Non-Remote Bingo Operating Licence to Greene King. He has remitted the case back to the First Tier Tribunal for reconsideration.

Greene King has a right of appeal to the Court of Appeal from the Upper Tier Tribunal. They must first ask permission from the Upper Tribunal Judge, and they must do so within one month of the appeal decision.

The Upper Tier Tribunal decision could have a significant influence over the Gambling Commission’s approach to licensing and compliance. The Judge found that the Commission has the power to take a precautionary approach to licensing and regulation, and can refuse an application for an Operating Licence if it considers permitting the gambling would not be reasonably consistent with the licensing objectives. He found that the Commission’s decision had not trespassed on the powers of licensing authorities.

 

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For more information please contact Nick Arron

Source: Poppleston Allen