Gambling (Jersey) Law 2012 legal requirements (FOI)

Request

Two major Bookmakers in Jersey (William Hill and Ladbrokes) are currently asking a number of customers for Identification, Proof of Earnings and Bank Statements in order to place bets within their shops. They are saying that this is a legal requirement. 

A

I would like to know where it is specified as a legal requirement in the Gambling (Jersey) Law 2012 and when it was passed into Law?

B

Why there has been no publicity about this change of Law from the Jersey Gambling Commission?

C

What issues there are (if any) with the Data Protection (Jersey) Law 2018 with this demand for data, bearing in mind that these Bookmakers are asking for an enormous amount of personal information from their Customers. Which if reluctantly given, I understand to then be sent to the UK?

Response

A

There is no legal requirement in Jersey legislation specifically as it relates to gambling with a bookmaker for a licensee to demand (all) customers for identification, proof of earnings and / or bank statements.  However, bookmakers do have a duty under the Policy Statement for Class 1 Bookmakers to put into effect policies and procedures for customer interaction where they have concerns that a customer’s behaviour may indicate problem gambling. Likewise, the Code of Practice for Responsible Gambling states, inter alia, that bookmakers ensure that their staff understand how to react if a person displays behaviour that might indicate a gambling problem. Staff must have a full understanding of the responsible gaming brochures and help information available. Management must be able to give advice about the self-exclusion programme.

Note that Article 6 of the Gambling Commission (Jersey) Law 2010 provides for the approval and publication of Codes of Practice, please see the link below:

Gambling Commission (Jersey) Law 2010 (jerseylaw.je)

A Code of Practice/Conduct in relation to anti-money laundering by licensed bookmakers is available on the Jersey Gambling Commission website via the following link:

Platform Providers – The Jersey Gambling Commission (jgc.je)

Code of Conduct for AML by Licensed Bookmakers.pdf (jgc.je)

B

There has been no change to legislation or Policies and Codes promoted by the Jersey Gambling Commission.

C

Information is not held by the Government of Jersey. Article 3 of the Freedom of Information (Jersey) Law 2011 applies. You may wish to re-direct this question to the Jersey Office of the Information Commissioner. Please see below contact details:

Jersey Office of the Information Commissioner

2nd Floor

5 Castle Street

St. Helier

Jersey

JE2 3BT

T. (+44) 1534 716530

Emails should be addressed to: enquiries@jerseyoic.org

Article applied

Article 3 - Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a)     it is held by the authority, otherwise than on behalf of another person; or

(b)     it is held by another person on behalf of the authority.