In his judgment following judicial review proceedings brought by the Gibraltar Betting and Gaming Association, Mr Justice Green stated that the point-of-consumption licensing regime under the Gambling (Licensing and Advertising) Act 2014 is: “...neither disproportionate, nor discriminatory, nor is it irrational.”
In what he called “a clear cut case”, Green rejected the GBGA’s claim that the act infringed EU or domestic law.
“…The new regime serves a series of legitimate objectives,” he said in the 96-page judgment. “There is no reason to doubt parliament’s judgement that it will achieve a reasonable degree of effectiveness and there is no proper basis for concluding that it is or will be discriminatory in its effects.
“Further, I reject the submission that the new regime will create perverse incentives and lead to the creation of an illicit market of unscrupulous service providers.”
No immediate application was made for leave to appeal and the new regime is now expected to come into effect on November 1, 2014.
