Clause 114 - Financial penalty
Gambling Bill
10:45 am
Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)
I think that everybody acknowledges—indeed, the hon. Gentleman did so—that the financial penalties are a significant sanction available to the commission. The commission must have the option of imposing a financial penalty on operating licence holders who commit a serious breach of the licence conditions. The hon. Gentleman asked at what level that penalty would be set. That would be up to the commission, but a big company may merit a totally different fine to a smaller business, a point that relates to earlier amendments.
It is right that, in the case of such severe penalties, the commission should be required to prepare a statement setting out the principles that it will apply. Under subsection (8), the commission is required to consult the Secretary of State and the Lord Chancellor because of their respective roles. The commission also has the opportunity to consult such people that it considers appropriate, and we expect that it will take that opportunity given the relationship that it will have with the industry—we hope that there will be a proper working relationship between the commission and the industry. However, to prescribe the persons that the commission must consult is not the right way forward. The commission is bound to act sensibly and reasonably in preparing its statement on financial penalties.