Tim Miller, the executive director of the United Kingdom’s Gambling Commission (UKGC), spoke during the recent G2E conference in Las Vegas, saying that his team is close to sealing several Memoranda of Understanding with a number of US regulators.

In line with Miller’s call for unity, the move would improve the relationship between the British regulator and its US counterparts, setting them up for further collaboration.

In his speech, Miller said that operators should work together to prevent unruly operators from causing harm. He explained that operators that abide by the rules in one market, may not be as cooperative in other markets, which is why regulators should share information and work together.

Such joint action would allow regulators to cover a glaring blind spot and create a healthier international gambling market. Miller noted that no regulator is an island and no single regulator can police the industry on its own.

The MOUs May Signify a New Age of Regulation

In his speech, Miller noted that many of Europe and the United Kingdom’s top operators have been increasingly interested in exploring the opportunities offered by the lucrative North American markets. The Memoranda of Understanding with US regulators will help the UKGC establish a very important relationship with the governing bodies of these key jurisdictions.

By working together and committing to collaboration, we can make sure we each achieve the safer, fairer and crime-free gambling that we want for our jurisdictions and for our consumers.

Tim Miller, executive director, UKGC

Miller also explained that the joint work with US regulators would put more pressure on third parties that facilitate black market gambling.

The Memoranda of Understanding with US regulators may very well signify a new age of gambling regulation, in line with the ongoing reforms in the United Kingdom. The UK is still consulting the white paper proposals that seek to revolutionize the gambling sector and modernize its rules.

Miller’s call is also reflected in the efforts of Australia’s ACMA to join forces with the Curaçao government and weed out unlicensed Curaçao-based operators.

However, not all regulators might be equally cooperative. Earlier this year, Malta passed Bill 55, restricting regulators’ ability to impose judgment on Malta-licensed companies. Needless to say, the move was extensively scrutinized by multiple European regulators.

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The Gaming Regulators European Forum (GREF) is comprised of gaming and betting authorities in some of Europe’s most active markets. The forum recently outlined a commonly agreed upon commitment on how they plan to address problem gambling across the continent.

A statement released by GREF detailed some of the ways members would work together through cross-border cooperation that includes coordinating “joint actions” against what it deems to be illegal gambling websites operating in Europe. Each country is free to use its own definition of “illegal gambling”.

Regular Meetings and Other Communications to Keep the Forum Cohesive

Other items outlined include the sharing of expertise, information, and best practices as well as setting up alerts so that all member states can be on the same page at the same time when an issue needs to be addressed. The team also stated that the various national regulatory bodies would hold regular meetings to keep each other apprised and in the loop.

None of the language we have seen addresses grey markets – jurisdictions where gambling operations are not allowed unless they are licensed locally or sometimes even by another EU member state, but players are free to choose where they play. However, some of the participants are indeed from countries most widely seen as grey markets.

With the advent of countries such as Germany, Ireland, the Netherlands, and the UK undertaking regulatory reform, Europen gambling industry participants have been bringing up the subject of the black market and outright illegal operators in some discussions.

The statement from GREF reads: “This joint action will enable us to better identify and minimize illegal gambling activities while acknowledging that each regulator remains free to define what amounts to illegal gambling and to use the enforcement tools provided by its own national regulatory framework.

“We expect that this common action will enable a constructive dialogue with online platforms, including social media platforms. We also expect that this common action will raise consumer awareness regarding the risks associated with illegal gambling.”

The Belgian Gambling Commission (BGC), l’Autorité Nationale des Jeux (ANJ) of France, Germany’s Gemeinsame Geschäftsstelle Glücksspiel (GGL), the Hellenic Gaming Commission (HGC) of Greece, Ireland’s Regulator of the National Lottery, and the Great Britain Gambling Commission (UKGC) are among the most prominent members of the forum.

Ireland’s Department of Justice has recently stated that it will include support for the Gambling Regulatory Authority of Ireland (GRAI) [Údarás Rialála Cearrbhachais na hÉireann]

in its Justice Plan 2023, carrying on the work begun in 2021 to repeal existing gambling law in Ireland and replace it with a modern framework that addresses both land-based and online betting and gambling.

The Irish Department of Justice and Equality is a member of the forum as is the Finnish Ministry of Social Affairs and Health. Both government bodies have been heavily involved in the push for new regulatory frameworks in their countries.

GREF: Unlicensed Operators put Consumers at Risk

As one voice, forum members assert that “illegal gambling” (as defined by each member-state) undercuts the development of a fair gaming market as well as consumer protections.

“In light of these considerations, we commit ourselves today to working together against illegal gambling, in order to ensure effective implementation of our national regulations,” the organization stated.

Germany’s nascent regulatory authority, the GGL said upon its taking over responsibilities from regional ‘placeholders’ that it would create and implement tough standards and aggressively pursue unlicensed firms serving games or sports betting opportunities in the country.

Holland’s KSA has recently stepped up enforcement actions against licensed providers that breach the rules as well as foreign gambling websites they deem to be targeting Dutch players without a license.

However, not all regulated stakeholders are in unanimous agreement that stricter rules and enforcement are in players’ best interests.

According to research from PwC as provided to the UK’s Betting and Gaming Council (BGC) in early 2022, British gamblers who used unlicensed punting sites more than doubled in just two years. The count went from 220,000 to 460,000 in that timeframe. PwC estimated that the amount bet at non-UK-licensed online websites was billions of pounds annually.

The report stated: “This analysis suggests that the UK has a more ‘open’ online gambling market and currently has a smaller unlicensed market share than our European benchmarks.

“Whilst it is not possible to isolate the impact of individual regulatory characteristics, the above assessment suggests that jurisdictions with a higher unlicensed market share tend to exhibit one or more restrictive regulatory or licensing characteristics.”

Referring to the long-awaited UK Gambling Review, BGC Chief Executive, Michael Dugher said: “We support the Gambling Review but there is a real danger that it leads to the regulated industry being smaller and the illegal black market growing substantially.

“This research is stark about the dangers of the black market, we have to learn lessons from abroad, and make the right choice at this dangerous crossroads.”

Stringent Regulations May Drive Players to Black Market Sites

The PwC report didn’t stop at the UK’s borders however and it examined several other European countries. It found the following:

After Norway created a state monopoly and restricted all gambling stakes, implemented affordability checks and advertising restrictions, the black market grew to more than a 66% share of all stakes.

The country’s plans for DNS blocking to keep Norwegian players at state-sanctioned websites recently hit a speed bump when it was determined that the landing page searchers would be redirected to, the Norwegian Lottery Authority’s website, which did not conform to national privacy standards.

Norway currently enjoys a 100/100 rating at Freedom House with 40/40 for political rights and 60/60 for civil liberties. It’s unclear if DNS blocking would affect that score.

In France, 57% of all money staked is at unlicensed websites rather than at France’s state-monopoly gambling portals.

Advertising for betting and gambling is strictly prohibited in Italy but the black market accounts for nearly a quarter of all money staked online, according to the report.
The report did not state the percentage of unlicensed betting that occurred prior to the increased regulatory restrictions.

However, it did also note that Spain has seen 20% of all stakes being placed at unregulated websites since a 2020 Royal Decree in Spain severely restricted all gambling advertising. The BGC asserts that those numbers are the result of players not having access to information on safe gambling due to the advertising ban.

In 2020 Denmark also placed restrictions on licensed operators banning deposit incentives such as match bonuses while the Danish Tax Authority warned of the potential of a 9% increase in the black market share.

In Sweden, 38% of self-excluded gamblers who chose to close their accounts at locally licensed operations were still able to bet online with operators not licensed in Sweden.

Source: Cross-Border Regulators Body Gref Outlines Black Market Strategy, SBC News, April 11, 2023

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Malta-based online gambling company, N1, has expressed its disagreement with the decision of the KSA to fine them for violating the Dutch Betting and Gaming Act. 

N1 Objects to KSA’s Fine Calculation and Requests Delay in Publication

In a statement, N1 denied violating the Dutch Betting and Gaming Act and argued that the KSA’s calculation for the fine was incorrect and baseless, leading to a disproportionately high amount. N1 claimed that the fine contradicts the legal basis for levying and calculating a fine under Dutch law.

N1 has objected to the KSA’s decision and requested that the publication of the fine be delayed until the proceedings are concluded. However, the KSA denied the request and went ahead to publish the decision.

N1 strongly believes that the KSA’s actions have put pressure on their current standing in both administrative and judicial proceedings. Nonetheless, N1 is confident that the court will consider their arguments in a fair and transparent manner to reach a decision that is based on the legal standing of the matter.

N1 intends to appeal the fine and present evidence to dispute its legitimacy and proportionality, especially in comparison to other sanctions imposed by the KSA on other operators in the past.

Furthermore, N1 stated that they have fulfilled all their regulatory obligations related to Anti-Money Laundering, GDPR, responsible gaming, and tax. The company remains committed to complying with all regulatory obligations, both under its license from the Maltese Gambling Authority and internationally.

Four More Companies Besides N1 Fined $27.7M by Dutch Gambling Regulator

Last week, KSA revealed that it had imposed €26 million ($27.7 million) worth of fines against five companies, including N1, that had offered games of chance to Dutch players without a license. 

The fines, which had been announced in December, were challenged by the operators in court, but the judge rejected their efforts, resulting in the public announcement of the penalties. The KSA explained that the fines were implemented based on its newly adopted policy, which enforces penalties based on the turnover of operators in the Netherlands.

The five operators that faced penalties were N1 Interactive Limited, Videoslots Limited, Betpoint Group Limited, Probe Investments Limited, and Fairload Limited. The largest fine, worth €12.6 million ($13.4 million), was imposed on N1 Interactive Limited, while Videoslots Limited was fined €9.9 million ($10.5 million). Betpoint Group Limited faced a fine of €1.8 million ($1.9 million), Probe Investments Limited was fined €1.13 million ($1.2 million), and Fairload Limited was fined €900,000 ($957,000).

KSA’s chairman, René Jansen, defended the fines, stating that they were proportionate and aimed at the operators’ wallets. The KSA explained that N1 Interactive Limited faced a larger fine due to repeated violations, while Videoslots Limited was fined for incorrectly displaying the KSA’s wordmark on its website.

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Wind Creek Hospitality has overcome one of its biggest hurdles and has initial clearance to add Miami’s Magic City Casino to its expanding roster of gaming venues. The PCI (Poarch Creek Indian) Gaming subsidiary will operate the license through Gretna Racing, LLC.

Magic City is a local fixture grown from a parimutuel racetrack and owned by the Havenick family since the 1930s. Havenick’s West Flagler Associates (WFA) is the legal entity offering the property up for sale.

In early December, the Florida Gaming Control Commission put approval of the transfer of assets and license on the back burner so more information about the deal could be given to the public before making a decision.

Transfer was not without Opposition

Opposition came from a perennial anti-casino organization in Florida. Legal counsel for a major gaming tribe in Florida had also asked commissioners to move forward with caution. However, Magic City representatives noted that 3rd party interventional would not be lawful.

At the time. Commissioners noted there was nothing objectionable in the highly redacted application but that it may not meet the standards of Florida’s sunshine laws.

Stephanie Bryan, Tribal Chair & CEO of the Poarch Band of Creek Indians said: “We are excited to grow our footprint in another major metropolitan area, this time in Miami, Florida.

“Our expansions in Pennsylvania, Illinois, and now Florida provide us the ability to take care of and grow opportunities for our Tribe. We look forward to becoming a valued partner in the Miami community.”

Bryan’s references to Pennsylvania and Illinois included the former Sands Bethlehem in Pennsylvania which the firm purchased for $1.3b in 2019 before rebranding – and Wind Creek Chicago Southland, an under-construction 70,000 sq ft casino featuring 1,350 slot machines, 56 table games, entertainment, dining, and a 250+ room hotel,

Jay Dorris, CEO and President of Wind Creek added: “Southern Florida is a natural connection from our properties in Aruba & Curacao, our properties in Alabama and the Florida Panhandle.

“With close proximity to Miami International Airport, the location is fantastic for players from all Wind Creek properties, and gives Miami locals an easy way to experience the Wind Creek brand everywhere we operate,” Dorris noted.

A New and Vibrant Market

While stating that the purchase added to its footprint in a “new and vibrant market” they also said that no major changes should be expected at the Miami property in the immediate future, but migration to the operator’s rewards and loyalty programs should be completed before the end of the year.

Wind Creek Hospitality manages the Tribe’s gaming facilities. The list includes Wind Creek Aruba, Wind Creek Atmore, Wind Creek Curacao, Wind Creek Montgomery, Wind Creek Wetumpka, Wa She Shu Casino in Nevada, as well as a racetrack in Alabama, a card room in Pensacola, and a barrel racing track with a card room in Gretna.

The company’s virtual casino is called Casinoverse. Developer Hyper Luminal describes it as “an interactable game world which brings the excitement and joy of Wind Creek casinos right to your pocket.”

Source: PCI GAMING AGREES TO ACQUIRE MAGIC CITY CASINO IN MIAMI, Wind Creek, February 8, 2023

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