Gibraltar Betting & Gaming Association Ltd v The Secretary of State for Culture, Media & Sport the Gambling Commission & Ors [2014] EWHC 3236 (Admin) (10 October 2014)

Gibraltar Betting & Gaming Association Ltd v The Secretary of State for Culture, Media & Sport the Gambling Commission & Ors [2014] EWHC 3236 (Admin) (10 October 2014)

The new licensing regime is neither disproportionate, discriminatory, nor irrational. It pursues legitimate objectives, including consumer protection and crime prevention, and Parliament's judgment as to its effectiveness is entitled to deference. The regime does not unlawfully duplicate regulatory burdens, and the passporting proposal is not a viable or less restrictive alternative. The claimant has locus standi to bring the claim, but the constitutional relationship between the UK and Gibraltar does not, on the facts, engage Article 56 TFEU in a way that would alter the outcome. The claim fails on all grounds.

Citation
[2014] EWHC 3236 (Admin)
Parties
Claimant: Gibraltar Betting & Gaming Association Ltd; 1st Defendant: Secretary of State for Culture, Media & Sport; 2nd Defendant: The Gambling Commission; 1st Interested Party: The Government of Gibraltar; 2nd Interested Party: The Gibraltar Gambling Commissioner
Jurisdiction
England and Wales
Judgment Date
10 October 2014
Procedural Posture
Judicial Review / Final Judgment After Expedited Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Judicial Review, Proportionality, Discrimination, Freedom to Provide Services (article 56 Tfeu), Gambling Regulation, Locus Standi, Constitutional Status of Gibraltar
Administrative Law European Union Law Constitutional Law Judicial Review Proportionality Discrimination Freedom to Provide Services (article 56 Tfeu) Gambling Regulation +2 more

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Parties

Gibraltar Betting & Gaming Association Ltd

Claimant

Secretary of State for Culture, Media & Sport

1st Defendant

The Gambling Commission

2nd Defendant

The Government of Gibraltar

1st Interested Party

The Gibraltar Gambling Commissioner

2nd Interested Party

Procedural Posture

Judicial Review / Final Judgment After Expedited Substantive Hearing

Legal Issues

  1. 1 Whether the new gambling licensing regime is disproportionate, discriminatory, or irrational under EU and domestic law
  2. 2 Whether the claimant has locus standi to bring the claim under Article 56 TFEU
  3. 3 Whether the constitutional relationship between the UK and Gibraltar affects the application of Article 56 TFEU

Ratio Decidendi

The new licensing regime is neither disproportionate, discriminatory, nor irrational. It pursues legitimate objectives, including consumer protection and crime prevention, and Parliament's judgment as to its effectiveness is entitled to deference. The regime does not unlawfully duplicate regulatory burdens, and the passporting proposal is not a viable or less restrictive alternative. The claimant has locus standi to bring the claim, but the constitutional relationship between the UK and Gibraltar does not, on the facts, engage Article 56 TFEU in a way that would alter the outcome. The claim fails on all grounds.

Court Disposition

Claim dismissed

Orders

  • Claim for judicial review dismissed
  • No declaration of unlawfulness granted