Point of Consumption legal challenge to be heard next week

The Judicial Review into the Point of Consumption licensing regime due to be implemented in the UK on 1 October will have a full hearing next week.

The application for a review has come from the Gibraltar Betting and Gaming Association (GBGA) which has objected to the measures in the Gambling (Licensing and Advertising) Act 2014 and associated Gambling Commission guidance and policies which will see remote gambling operators situated anywhere in the world expected to be licensed and regulated by the Gambling Commission if they have any British customers.

After receiving permission to bring proceedings at the end of last week by Mr Justice Hickinbottom, the court has scheduled a full hearing on the matter to take place on 23-24 September 2014.

At this hearing the GBGA will argue that the place of consumption licensing regime is:

  1. An illegitimate and disproportionate interference with the right to free movement of services under Article 56 of the Treaty on the Functioning of the European Union;
  2. Discriminatory in breach of European law; and
  3. Irrational.

A cross-departmental team from Olswang (drawing together its public law, European law and gambling expertise), with Dinah Rose QC and Brian Kennelly of Blackstone Chambers, are instructed by the GBGA.

Olswang’s Head of Public Law Dan Tench commented: “Our client is pleased that the Judge has recognised the strength of our claim, and has taken very sensible steps to ensure this is heard expeditiously before the regime is due to come into force. This is absolutely essential not only because we believe that this regime falls foul of European law but also because of the severe risk of detriment of consumers arising from the new law.”

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