December 1, 2017

On 30 November 2017, the UK’s Department for Digital, Culture, Media & Sport announced its intention to close a regulatory loophole that allows British-licensed operators to offer betting on the outcome of EuroMillions draws offered abroad.

Currently, operators are prohibited from offering bets on the outcome of a lottery which forms part of the National Lottery (by virtue of Section 95 of the Gambling Act 2005). This includes UK EuroMillions draws.

However, there is no express restriction on offering bets on the outcome of EuroMillions draws which take place outside the UK, and although each country’s game relates back to a single draw held in Paris, the entry route and the games are technically separate. As a result, British-licensed betting operators are able to offer (and British residents are able to place) bets on the outcome of EuroMillions draws offered in another participating country.

This is set to change. The publication of the UK Government’s consultation response yesterday confirms that the Government intend to introduce a new licence condition to prohibit operators from offering British consumers the ability to bet on EuroMillions draws which take place outside of the UK.

The Government originally launched the consultation in March of this year amid concerns about the increasing overlap in the betting and lottery industries, noting the need to protect returns to good causes and prevent consumer confusion.

There is no set timeframe as to when we might expect to see the change take effect and a number of operators offering these markets may still consider the decision one to challenge. However, given the regulatory focus on betting on lotteries this year (from the ASA adjudication against EU Lotto Ltd t/a Lottoland to the £150,000 regulatory fine from the British Gambling Commission), it seems very unlikely that the status quo will remain.