The Upper Tribunal has handed down judgment in the first gambling appeal it has considered: Gambling Commission v Greene King [2016] UKUT 50 (AAC).
The case concerned a decision of the Commission to refuse to issue Greene King an operating licence which would entitle it to offer high-stakes bingo in their pubs, along with the associated gaming machine entitlements. The Commission considered that allowing such an operation would imperil the licensing objectives.
The First-tier Tribunal held that the Commission had no power to refuse the operating licence because it’s concerns were about what would occur in the premises, and the premises was a matter for local licensing authorities.
Judge Levenson’s judgment in the Upper Tribunal allowed the Commission’s appeal and recognises the overarching regulatory jurisdiction it has in respect of gambling. The appeal contains an important discussion of the scope of the Commission’s powers.
Christopher Knight appeared for the Gambling Commission, led by Philip Kolvin KC.
The judgment can be read here.
