British First-Tier Tribunal Orders UKGC to Grant Greene King Its Bingo Operating License

Acting on the appeal filed by Greene King in November of this year, First-Tier Tribunal Judge NJ Warren rendered judgment last week, by sending back Greene King’s bingo operating licence application back to the UK Gambling Commission (UKGC), along with an order for the latter to grant the British brewery the necessary approval for its petition. .

The Tribunal Judge ruled that the granting of the operating licence is not about granting Greene King an authorisation to offer full commercial bingo, but only to satisfy a prerequisite needed by the brewery-for its premises licence application. As it is, the UKGC must first recognise the competency and suitability of Greene King to offer the proposed form of entertainment within its pubs, before a relevant local authority decides if Greene King is good for the granting of a premises license.

Judge NJ Warren agreed with Green King’s contention that it is unlawful for the UKGC to reject its application mainly as a means to prevent the brewery company from obtaining a premises licence. The Tribunal Court judge stated that the UKGC is not in a position to exercise an “effective right of veto,” granted by section 159(3) of the Act.

KGC’s objectives in approving a bingo operating licence applicant is in making certain that the form of gambling entertainment for which a licence is being petitioned will not be a source of criminal or disorderly activities, or even associated to person or entities associated with crime. In determining whether an applicant is suitable for a gambling licence, the commission must also ensure that gambling activities must be conducted in a fair and transparent manner, as well as protect children and persons susceptible to gambling harms from being exposed to the risks posed by gambling activities.

Judge Warren noted that the UKGC found Greene King suitable and competent to offer the proposed bingo entertainment within its pubs, but the UKGC panel’s rejection of Greene King’s application cited the proposed “premises” as the main concerns. Allowing Greene King to conduct bingo activities in pubs would set a precedent that pose potential risks to the UKGC’s licensing objectives, which could later be difficult to manage and deal with, if such activity becomes part of the premises license.

As remedy, the Commission attached a condition requiring the applicant to carry out the proposed gambling activities at a specified place other than within pub environments. However, the Tribunal judge wrote in his brief that such conditions run against the grain of Section 84(1) of the Act, which delegates the authority of requiring premises conditions to relevant local authorities. The section is in line with Parliament’s previous conclusion that decisions pertaining to issues or concerns about premises must be settled locally in accordance with local and national criteria.

Greene King is quite pleased with the Tribunal’s ruling as they have already received an operating licence that will enable the brewery company to secure a premises licence. The Greene King spokesperson remarked that bingo is a game popular to many of their customers, and giving additional location options in which bingo can be played could firmly place Greene King pubs at the heart of communities.