Clause 90 - Gaming machine technical operating licence
Gambling Bill
9:30 am

Mr Don Foster (Shadow Secretary of State for Culture, Media & Sport, Culture, Media & Sport; Bath, Liberal Democrat)
I beg to move amendment No. 237A, in page 40, line 12, at end insert
'provided that such standards shall be included in the statement set out in section 22(1) and shall be not more onerous than is reasonably required to achieve the licensing objectives and shall distinguish between categories of machines as described in Part 10.'.
The explanatory notes to the clause are particularly helpful. They state:
''Without prejudice to other condition-making powers, the Commission may establish, or authorise others to establish on its behalf, standards in respect of systems and processes used for the manufacture, supply, installation, adaptation, maintenance or repair of a gaming machine. These standards must be consistent with the rules concerning gaming machines contained in part 10.''
They continue:
''The Commission can enforce those standards through licence conditions including the testing of the operator's systems on application and from time to time.''
The amendment is clear in its wording. The Committee will be aware that section 22(1) states:
''The Commission shall prepare a statement setting out the principles to be applied by it in exercising its functions under this Act.''
Clearly, there will be wide testing arrangements and the industry is conscious that it has well tried testing regimes for machines other than those in category A and B2. The existing system has been developed over many years and is believed to operate very effectively. A new regime could seriously damage innovation and the ability of manufacturers to meet consumer demand for new games. Experience from other countries, such as the Netherlands, shows that an onerous and disproportionate regime can prevent markets developments, and clearly the Committee would wish to ensure that that was avoided.
The amendment is designed to seek assurance that the new testing regime will be built on the successful system already championed by the Gaming Board and the industry. Therefore, it will not be too onerous or involve disproportionate cost.
