Creation of national lottery The Health Lottery ELM Limited

Ivan Pope made this Freedom of Information request to Gambling Commission

The request was partially successful.

From: Ivan Pope

19 October 2011

Dear Gambling Commission,

I am looking for information on your involvement prior to the
setting up of 'The Health Lottery' which seems to be a pseudo
national lottery run by 51 shell CIC companies.
As the Gambling Commission has licensed all 51 'local' companies
who use The Health Lottery ELM Limited to provide lottery
facilities for them, I presume there was discussion before the
setting up of this complex structure and that the operating
structure has been cleared by the Gambling Commission.
I am looking for discussions, emails, phone calls etc about this
process and also any guidance and special controls imposed before
the granting of such licences.

Yours faithfully,
Ivan Pope

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From: Do Not Reply
Gambling Commission

19 October 2011

This is an automated response to thank you for your e-mail to The Gambling
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We will normally respond to:  

 

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If you are contacting us from a Licensing Authority

 

o we will not normally acknowledge your notification of grants
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premises licences by email within five (5) working days.

Please note that initially we may contact you to obtain further
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If you have access to the Internet you may wish to see if your enquiry can
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From: Do Not Reply
Gambling Commission

19 October 2011

This is an automated response to thank you for your e-mail to The Gambling
Commission.

 

We will normally respond to:  

 

o enquiries within three (3) working days 
o complaints within ten (10) working days. 

If you are contacting us from a Licensing Authority

 

o we will not normally acknowledge your notification of grants
o we will acknowledge applications, variations and transfers for
premises licences by email within five (5) working days.

Please note that initially we may contact you to obtain further
information to enable us to respond appropriately and accurately.

 

If you have access to the Internet you may wish to see if your enquiry can
be dealt with online at [1]www.gamblingcommission.gov.uk. The Commissions'
website provides comprehensive information about the Sectors we regulate
along with frequently asked questions.

 

Please do not reply to this automated response

 

If you need to speak to someone urgently then you can telephone 0121 230
6666, Monday to Friday between 9.00am and 5:00pm.

 

Contact Centre team

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From: Elaine King
Gambling Commission

21 October 2011

Dear Mr Pope

Ref: GC_FoI_11/054

Thank you for your request for information about the setting up of the Health Lottery.

Your request was received on 19 October and I am dealing with it under the terms of the Freedom of Information Act 2000.

In some circumstances a fee may be payable. If that is the case, a fees notice will be issued to you, and you will be required to pay before we will proceed to deal with your request.

If you have any queries about this letter, please contact me.

Please remember to quote the reference number above in any future communications.

Yours sincerely

Elaine King

Elaine King
Gambling Commission
Victoria Square House
Birmingham

Telephone: 0121 230 6539
Fax: 0121 233 1096

Email: [email address]

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From: Ivan Pope

17 November 2011

Dear Elaine King,

Ref: GC_FoI_11/054

You should have responded promptly by November 16th to my FoI
request.

Could you please let me know where this request has got to.

Yours sincerely,

Ivan Pope

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From: Andrew Turton
Gambling Commission

17 November 2011

Dear Mr Pope

 

Please accept my apologies for the delay, our response will be with you
this afternoon.

 

Kind regards  

 

Andrew Turton

Information Manager

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From: Andrew Turton
Gambling Commission

17 November 2011


Attachment promoting multiple society lotteries august 2011.pdf
115K Download View as HTML

Attachment Health Lottery decision sheet.pdf
229K Download View as HTML


Dear Mr Pope

 

Ref: GC_FoI_11/054

 

I am writing in response to your request under the Freedom of Information
Act 2000 (“the Act”) for information about the Health Lottery ELM and the
related 51 Community Interest Companies (CICs).

 

You have requested any discussions, emails, phone calls etc that the
Commission holds in relation to the process of approving the operating
structure as well as any guidance and special controls that were imposed
before the licences were granted.

 

I can confirm that we hold the following information in relation to your
request:

 

1.    A record of the hearing at which the application for an operating
licence submitted by the Health lottery ELM was granted

2.    Written communications with the Health Lottery ELM generated through
the application process  

3.    Written communications with the 51 CICs generated through the
application process  

 

 

In reference to your question around special controls, the Commission has
the power to impose licence conditions when an operating licence is
granted.  I can confirm that no conditions were attached to the operating
licences granted to the Health Lottery ELM or to any of the 51 CICs.  

 

1)    A record of the hearing at which the application for an operating
licence submitted by the Health Lottery ELM was granted

 

The record of this hearing is attached.  Personal information and
commercially sensitive information has been redacted.

 

 

2)    Written communications with the Health Lottery ELM generated through
the application process and

3)    Written communications with the 51 CICs generated through the
application process  

 

In relation to the information exchanges between the Commission and the
Health Lottery ELM, and between the Commission and the 51 CICs, the
Commission considers that this information is exempt from disclosure, as
the exemptions in section 31(2)(c) and/or (d), section 41(1) and section
43(2) of the Act apply.  Our reasons for applying these exemptions are
explained below.

 

Section 31

  

Section 31 of the Act (‘law enforcement’) provides that information held
by a public authority is exempt if its disclosure would or would be likely
to prejudice the exercise of a public authority of its functions, which
includes its regulatory and licensing functions (s.31(2)(c) and (d)). 
Section 31 is a qualified exemption so we are required to consider whether
maintaining the exemption is in the public interest. 

 

Factors in favour of disclosure

 

·         We recognise that there is a legitimate public interest in
promoting the accountability and transparency of the Commission so that
people can understand the decisions made by the Commission. 

·         We also recognise that providing information may also assist
individuals challenge the Commission’s decisions.

·         We are aware that there is considerable media interest in the
Health Lottery, which suggests that the general public is interested in
how the lottery is run. 

  

Factors in favour of maintaining the exemption

 

·         We are concerned that disclosing information, which has been
provided to the Commission in confidence in relation to the exercise of
the Commission’s licensing functions, could discourage applicants and
licensees from freely providing information to the Commission.  That would
prejudice the Commission’s ability to licence, monitor and regulate
licensees, which in turn would have a detrimental effect on the
Commission’s regulatory functions.

·         The Commission has made its position on promoting multiple
society lotteries clear through a guidance note published in August
2011(attached) and in a previous response to a request under the Act
 [1]http://www.gamblingcommission.gov.uk/gh-...

 

Weighing the balance

 

Having considered the balance of the public interest in light of the
points above, the Commission is concerned that by disclosing any of the
information requested we would compromise the transparent communication
between the regulator and the regulated community upon which effective
regulation is founded.  This applies to these particular licensees and the
impact that disclosure would have on a wider basis with other licensees. 
It is in the public interest that applicants and existing licensees should
be open and honest with the Commission in the knowledge that the
information disclosed will be used for legitimate regulatory purposes.  If
applicants or licensees believed it was likely that such information would
reach the public domain it could have an impact on the accuracy, honesty
and level of detail of information supplied to the Commission, which would
have a direct impact on the Commission’s ability to investigate instances
of non-compliance and perform our statutory duties effectively.

 

Section 41

 

Section 41(1) of the Act (‘information provided in confidence’) provides
that information is exempt information if: it was obtained by the public
authority from any other person (including another public authority); and,
disclosure of the information to the public by the public authority
holding it would constitute a breach of confidence actionable by that or
any other person.  The Commission considers that both requirements are
met.  The information was provided in confidence, which is a point which
is clearly stated on our application forms.  We also consider that it
would be detrimental to the provider of the information if the information
were disclosed and that disclosure would constitute an actionable breach. 
Bearing in mind that detriment, and the factors to which we have referred
in weighing the balance under the section 31 exemption, we do not consider
there to be a public interest which would lead the court to refuse to
uphold the duty of confidentiality. 

 

Section 43

 

Section 43(2) of the Act (‘commercial interests’) provides that
information is exempt information if: its disclosure under the Act would,
or would be likely to, prejudice the commercial interests of any person
(including the public authority holding it).  Section 43 is a qualified
exemption so we are required to consider whether maintaining the exemption
is in the public interest. 

 

Factors in favour of disclosure

 

·         As before, we recognise that there is a legitimate public
interest in promoting the accountability and transparency of the
Commission, so that people can understand the decisions made by the
Commission. 

·         We recognise that providing information may also assist
individuals challenge the Commission’s decisions.

·         We are aware that there is considerable media interest in the
Health Lottery, which suggests that the general public is interested in
how the lotteries promoted under that brand are run. 

 

Factors in favour of maintaining the exemption

 

·         We are concerned that disclosing information, which has been
provided to the Commission in confidence in relation to the exercise of
the Commission’s licensing functions, could discourage applicants and
licensees from freely providing information to the Commission.  That would
prejudice the Commission’s ability to licence, monitor and regulate
licensees, which in turn would have a detrimental effect on the
Commission’s regulatory functions.

·         Disclosing commercially sensitive information about the way in
which the ELM runs its business would be potentially damaging to the ELM
as it would reveal the internal structure of their business as well as
details of suppliers, systems and details of business plans and
projections.

 

Weighing the balance

 

Having weighed these issues, the Commission is of the view that the public
interest is best served through maintaining this exemption.  Disclosing
such information would be likely to prejudice the interest of the
Commission.  If applicants or licensees believed it was likely that such
information would reach the public domain it could have an impact on the
accuracy, honesty and level of detail of information supplied to the
Commission, which would have a direct impact on the Commission’s ability
to investigate instances of non-compliance and perform our statutory
duties effectively.   

  

Review of the decision

 

If you are unhappy with the service you have received in relation to your
request and wish to request an internal review of our decision, you should
write to the Chief Executive of the Gambling Commission at our Victoria
Square address, printed below.

 

If you are not content with the outcome of the review, you may apply
directly to the Information Commissioner for a decision.  Generally, the
Information Commissioner will not make a decision unless you have
exhausted the review procedure provided by the Commission.  The
Information Commissioner can be contacted at [2]www.ico.gov.uk or the
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.

 

If you have any queries about this email, please contact me.  Please
remember to quote the reference number above in any future communications.

 

Yours sincerely

 

Andrew Turton

Information Manager

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