The Gambling Commission has form when it comes to burying inconvenient evidence – it can't be given free rein over affordability checks

There were any number of unanswered questions and opportunities for ambiguity when the Gambling Commission finally confirmed it had given the green light to affordability checks last week.

One of the main issues and reasons for concern for racing, bookmakers and punters was the delay in the regulator publishing the full evidence that its board based its decision upon, and the likelihood that even when it does appear it will not be complete.

As BHA chief executive Brant Dunshea put it, the policy has not only been signed off without key stakeholders being able to see evidence, such as NatCen’s independent review of the financial risk assessment (FRA) pilot, but even members of the commission's implementation groups will not see it given the regulator is not publishing its full consultation response on the pilot until the autumn.  

The Gambling Commission did not seem to be unduly concerned when asked why it had not published the evidence in a briefing to journalists.

The regulator's director of major policy projects and evaluation Helen Rhodes said the commission had already released "a great deal of the information from the pilot" and that more would come in the autumn.

However, she warned that some of the information would be summarised due to commercial sensitivities involving the credit reference agencies and operators involved in the pilot.

The problem is that the Gambling Commission has form in this area which makes it difficult not to be suspicious.

In 2021, the commission launched a survey on customer attitudes towards affordability checks, an exercise that prompted an impressive 12,000 responses. Months turned into years without the commission publishing the results of the survey, despite officials being asked why that was the case by MPs.

Andrew Rhodes: Promised publication of consultation results did not happen

The commission turned down a freedom of information (FOI) request for the results in 2023 claiming there was no public interest in releasing them at that point. Even when its then chief executive Andrew Rhodes promised the results would be published the following year, they were not, with only a summary being released.

The summary dealt with responses in broad terms, saying they contained "a wide range of views" but not detailing the weight of opinion behind those views. When a subsequent FOI request was successful, it showed the "wide range of views" was a generous interpretation of the evidence.

The survey had shown widespread opposition to affordability checks with, for example, more than 77 per cent of the 12,000 respondents saying they did not agree with the concept. By then it was too late to influence the government's gambling white paper.

In May, the Betting and Gaming Council floated the possibility that a decision to go ahead with the checks could be open to legal challenge.

That prospect was also raised by Sophie Kemp, partner and head of public law at London law firm Kingsley Napley.

Kemp said that, while the commission might be happy with its pilot, "we have yet to see the full details of its consultation response expected in the autumn and critically its answers to important concerns such as the reliability of credit reference data, customer friction, and the risk of driving customers to unregulated black market operators".

She added: "This is absolutely too significant a policy change to introduce without a thorough assessment of the likely impact on gambling operators and customers alike. 

"Hence we believe there may be strong grounds for bringing a judicial review challenge about the Gambling Commission’s misguided approach and will be looking into this question."

While Chris Elliott, a partner at law firm Wiggin, did not go so far as that in a blog written following the Gambling Commission's announcement, he did raise a number of concerns regarding the commission's approach and commentary around the checks.

He wrote that the commission's announcement did not "meaningfully address" the question of what "precisely" operators are expected to do once they receive the results of an FRA, and that the gap between identifying customers suffering financial difficulties and knowing what action to take "remains frustratingly opaque".

The language used by the commission remained "characteristically vague", Elliott added.

He also called for the commission to commit to a "proper, transparent evaluation" during the phases of the checks' introduction and to publish those results, and that it should demonstrate rather than merely assert that "the policy is achieving its aims without disproportionate collateral damage". 

The commission's previous words and deeds over issues such as affordability checks and the black market make it easy to be suspicious about what is to come.

The Labour government has so far allowed the commission free rein, abdicating its duty as Dunshea said last week.

Hopefully it is not a forlorn wish that new ministers under an Andy Burnham government might get a grip.

Jockey Club planning where to invest money from Compass deal

Jockey Club group chief executive Jim Mullen says British racing's largest commercial organisation is examining where it will invest the funds unlocked from the deal it announced with catering partner Compass in March.

He also said that restructuring plans at the Jockey Club are advancing and acknowledged that some jobs would be affected.

Mullen took over as chief executive in June last year. At a media event last week he said he "didn't walk in with my eyes closed", he added: "It's not until you get right inside it that you understand all of the details."

Jockey Club chief executive Jim Mullen with Jon Davies, CEO of LevyCredit: Jockey Club Racecourses

In March, the Jockey Club and Levy, the sports and entertainment division of Compass, announced a new 20-year exclusive partnership to "revolutionise" customer experience. The new deal would be worth £100 million to the Jockey Club.

Mullen said: "I recognised that we needed to raise some money because we are competing in the leisure market. Not everybody that goes racing is a fanatical thoroughbred fan, they are having a day out, so we have to compete with other options.

"That required investment and within the first year we've raised £100 million and now we are planning how and where we spend it."

Mullen said the "lion's share" of investment would go to Cheltenham, while Aintree and Epsom would also benefit.

He also said that restructuring plans at the Jockey Club are "well progressed", adding: "The whole point of it is to basically put the decision-making and therefore the accountability with the folk who are at the front line of the business, which is the racecourses."

Mullen revealed that some jobs would be impacted but defended the losses by saying: "Unless I do that I can't invest £100 million because it gets lost in the complexity of the organisation, so until I've done that and only when I've done that can I invest the money."

Mullen had words of praise for Haydock clerk of the course Dan Cooper and his team, with racing due to resume there in August after work to repair the track following a hole which appeared in the surface linked to historic mining activity.

"If it wasn't for the expertise of Dan Cooper and his team we wouldn't be racing," he said.

"It's a reminder when it comes down to it who is really important in our club and it's those people who are out every morning making sure we can put our racing on. Haydock really showed that and brought it home to me."

Barber's Bullets

Playtech trading ahead of expectations

Gambling technology company Playtech has revealed that trading over the first six months of the year "delivered results significantly ahead of market expectations" in an update issued last week.

"Excellent performance" in the United States and continued strength in Mexico, Colombia and some European markets were behind the results, Playtech said.

The company said it expected adjusted Ebitda (earnings before interest, taxation, depreciation and amortisation) for the first six months of 2026 to be more than €155 million, although management expects that figure to be lower for the second half of the year.

Harrington takes helm at Middlesex

Former BHA chief executive Julie Harrington has been appointed to the role of interim CEO at Middlesex County Cricket Club.

She takes over the role with Middlesex chief executive Andrew Cornish on a leave of absence in the midst of an investigation by the Cricket Regulator.

Harrington said: "It is a privilege to be joining Middlesex Cricket, a club with a proud history, a distinguished place in the game and a deep connection with its members, supporters and communities."

ROA highlights life after racing

The Racehorse Owners Association (ROA) welcomed its members to Godolphin Lifetime Care in Newmarket last week for an event focused on life after racing for the thoroughbred. 

The event, supported by Retraining of Racehorses, demonstrated how owners play a vital role in helping their horses enjoy fulfilling lives beyond the racecourse. 

ROA chief executive Louise Norman said: "Ownership doesn't always end when a horse leaves training – it is often a lifelong commitment. At the ROA, we are here to support owners at every stage of that journey by providing guidance, access to expertise and opportunities such as this to see outstanding aftercare in action."

Dates for the diary

Thursday The Gambling Commission will release the latest annual report from the Gambling Survey for Great Britain.

Read these next:

British racing is almost completely ignored in key report - and the damage could be catastrophic 

'I'm not convinced we've done the best to communicate' – Dunshea concedes BHA growth strategy lost in translation as 2027 fixture plans take shape 

A rare win for gambling as minister backs industry growth and refuses to bow to advertising pressure 

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