How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Senior Partner Your Own Question
Senior Partner
Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13323
Experience:  30 years experience in business law and related topics such as employment law
18726264
Type Your UK Law Question Here...
Senior Partner is online now
A new question is answered every 9 seconds

We are a U.K. Company. This U.K. company has been currently

This answer was rated:

We are a U.K. Company. This U.K. company has been currently granted a gambling license by a foreign government. According to UK Gambling Act 2005, do we still need to apply for a UK gambling operating license if we have no remote gambling equipment being located in the UK provided that we are accepting UK customers and having registered office at London.
Thank you for your question. Can you tell me where the company is licensed and where it principle place of business is?
Customer: replied 3 years ago.

Thank you for your reply.

We are licensed in Belize and the license allowing us to provide online gambling services. All of our servers are located in Belize. We take bets from customer all over the world, provided that the customer's jurisdiction allow online gambling.

My question is, since we are operating through a UK company and accepting bets from UK customers as well. I want to double check if this would be an offences mention in Gambling Act 2005, Section 33.

To be specific, I would like you to help me to interpret Gambling Act 2005 section 36, Territorial application (http://www.legislation.gov.uk/ukpga/2005/19/section/36)

our situation satisfy the requirements there, i.e. we don't have a single equipment located in UK. However, the Act is not clear in indicating whether it is legal for a UK company like us to provide online gambling services in UK, but who has all the equipments located overseas.

 

 

It seems pretty clear from the act that if you have no equipment whatsoever in the uk then you will not be providing facilities for remote gambling at least in relation to the prohibition is s33. The intent of this clause is to exclude uk jurisdiction for overseas businesses who simply provide services to uk based customers.

However there are other thing s comprised within the definition under s5 apart from the equipment - so advertising for example would be an offence. Essentially you cannot really safely carry on any activity in the uk in relation to the gambling business. Even administration could fall within the s5.

I am not sure why you need to have a UK company - it would seem to me to be sensible to have an offshore operating company and if you want to keep ultimate ownership in the UK you can do that without having any of the operations here.
Customer: replied 3 years ago.

If we don't advertise at all and have all operation to overseas, will it be okay if we still use a UK company?

Advertising was only an example. As I said strictly speaking any activity in connection with the gambling business could fall within the definition under s 5 so to be safe you should not run the business out of the UK at all.
Senior Partner and other UK Law Specialists are ready to help you

Related UK Law Questions