What happened to racing?

More than a decade ago, I sat down to lunch with the eminently amiable Simon Bazelgette. At the time one of the decision makers in the s[port, as leader of Jockey Club Racecourses. My online business was fledgling, years behind 365, I spent my time with reasonable prominence on racetracks with good pitches, and laying bets others would not. My interest lay in attendances at racetracks

He told me of their plans to bolster what was a successful sport, with concerts. The unspoken master plan involved a lake of beer.

 

For a while, the plan seemed to work. Top acts were booked, and given this was all new territory, their rates were affordable. Racetrack sales grew, alcohol seemed a happy marriage as Bazelgette’s argument was tracks needed to ‘evolve’ to become more of a leisure day out, than a sport. Not that he associated alcohol sales in conversation

Over the years, the top acts, other than legacy performers well past their sell by, like Tom Jones and Rod Stewart, raised their rates, and the maths started to bite. A clear example was Epsom (I might refer to this old Dame a few times) which booked concerts by acts most regular attendees of tracks had never heard of, and put on six class 6 races for pocket money. Yes, you heard that right, whilst claiming the practice was to encourage fans into the sport, they often afforded exceptionally poor racing. Being Epsom, some of the field sizes were miserable. But the track was busier than ever, and profitable for a change. All seemed good in the world of racing. The formula was taken up across the sport

There were downsides, but these seemed trivial when a night meeting at HQ could draw in 15,000, and beer sales were impressive. As were the vital corporate boxes. For example what were the views of their older core membership to seeing the racing programme often dumbed down? Did they relish sharing their sport with large groups of young men and women, too drunk to stand by the third race? A category of spenders were sold members enclosure tickets. 

Bazelgette told me ‘racing entrance charges are favourable against football’

But Simon should know, as every racetrack should, racing is 90% downtime – filling empty space rather than a seat, and often features a rather poor betting only product. Football is 100% action. Even cricket beats Racing comfortably in said regard. So if your leisure product is simply beer- it better be a superb environment to keep people entertained for 4 hours!

Worst of all, the brigades of sockless wonders brought aggression to the sport. Fights at venues like Epsom, Ascot and Newmarket were constant. I witnessed many of them personally, as I am sure we all have. The regulator of the sport, the BHA, looked on impassively. It never sanctioned a single racetrack for their failures to deliver a safe, fight free environment for all. One would have imagined social responsibility to be the domain of the regulator, but fat chance when BHA executives are selected by racetracks

Drugs were rife too, with queues for cubicles at toilets on a biblical scale. Children were actively discouraged from attending at tracks like Epsom by pricing policies of full adult rate for a child. It was as cynical, as it was short sighted. A decision without question because the track executive considered the environment as simply too toxic for the young. And i wouldn’t disagree! I watched huge enterprises like Ascot, the Kings racetrack, throw its effluence casually out onto the local community at 6 o clock, without mind of the consequences, nor the effect on the local community

This was the business plan for racetracks, but not the sport. Of course it all came to a grinding halt when the rates for bands became untenable. Although the beer sales remained. At some formerly impressive tracks I’ve seen beer machines spring up. I mean, I ask you what socially responsible business does that? What kind of culture are you trying to create when a pint of beer is sold by a machine, and overpriced champagne is served in a plastic beaker? Aren’t you trying to create a civilised, cultured environment? Who is governing who gets a drink, or when is enough? Perhaps a student attendant at best. Coffee, the highly popular staple diet of high streets across the country, has never been taken up properly by track execs. It can take several minutes to make a coffee, just seconds to pull a pint. It boils down to money over service standards

Finally, as far as racetracks are concerned, there’s the cynical pricing practices. Charging the maximum for meetings which appeal only to betting. Racegoers finding bars and restaurants closed. How some tracks can charge £120 for a bottle of champagne – served in a plastic cup, on cheap tables, whilst the same bottle in York costs half that amount? Car parking charges are excessive. No track is exempt from criticism here. The food on racetracks – outside the private boxes is notorious. What would tracks do without vans serving chips? There used to be an excellent sweetie van at Ascot, run by people who have provided such a service for years at many racetracks. It’s been replaced by a dismal track equivalence. Why? Because new management have decided it to be more profitable in house. The service angle has been shelved in importance. The same people no longer serve Goodwood. Why? Because they can’t afford the rates. Now noone offers that essential service, with such panache

Tracks have gone cashless, often refusing to countenance any cash sales, from punters who arrive at the track with cash only for bookies, and who, when they win, cannot spend it at the venue. This kind of management is child-like. The current estimate of cash circulating in society is 82 billion. And the tracks have decided they don’t want any of it? It is an astonishing fail. Me? I’d take green shield stamps..

Cash is legal tender, and if you’re not going to take it, make it clear when people buy a ticket that you refuse to accept the paper. 

In the simplest terms possible, racetrack executives have markedly contributed to their own downfall. With cynical pricing practices and quite often severely run down racetracks, lacking appreciable investment

One final point, I think racetracks appear to have missed. They’ve become almost universally unpopular with their patrons. Few letters appear which glorify the experience. Few articles laud racetracks for service, value or customer experience. And noone likes their attitudes to social responsibility. In said regard they rival ‘big corp’ bookmakers for popularity. With few exceptions.

For two decades almost, I have railed against the practice of breeding in the sport. Let me give a topical example, – City Of Troy. A rather in an out character, with sour performances in the Eclipse and the 2000gns. In between which, on going days, he can be endlessly impressive. The general public, and more importantly the racing crowd, have started to associate with this new star. Bolstered by plaudits ‘best i have ever trained’ from the very likeable, and hard working Aiden O Brien. He could sell me windows any day, training is just his day job. They were even afforded a racetrack gallop at Southwell, the performance enhancing element for which was unclear, since its characteristics against Del Mar, California, appeared only to be the running rail. I mean if you want a racetrack gallop – and you live in Ireland- Dundalk is just up the road.

What it was, however, was a giant sales pitch. City ‘raced’ against some of the worst horses in the AOB yard, and duly ran away. A visual display. A clever marketing ploy to up the price of breeding to those interested. Given it was covered by many racing journalists and television, it was an enterprising move, rewarded with coverage far beyond its worth

I think we all know if City Of Troy wins in Del Mar, that we will hear he is to be retired. At best, this performer won’t make it on a racetrack to 5 years. And this is the true cancer in the sport. Horses carted off to stud far too early in their careers. It is indeed a rarity for anything winning France’s Arc to continue on. The call of a lucrative career making other racehorses far too compelling. Tattersalls book 1 registered a staggering 134 million in sales this October. An absurd figure for an auction notorious for delivering on failure for the majority of purchases. Could there be a bigger bubble?

Troy will yield an impressive purse at stud, far more gained in a month than could in a career as an actual race horse, entertaining the general public. And this, my friends, is where the real money in racing is. Not actually racing.

Breeders will argue, and some may agree, that his progeny will entertain racing fans for a decade. That argument, however, falls entirely flat when you look at what draws in fans to other sports. Lionel Messi has been entertaining football fans for more than a decade. Joe Montana did the same in the NFL, and Johnny Sexton wowed rugby fans until his body gave out. Racing farms its best out to barns in a naked exercise in cash creation

This is what brings people to sport. In tangent with an ability to adapt. Cricket is the best example of that, introducing twenty twenty slogs, and 50 over games to afford fans the one day bash they craved. They still keep the 5 day borefest of course, for the aficionados, but attendances are modest. The NFL routinely changes its laws and rules, ensuring every team across the nation has a chance at the Superbowl. Dallas used to dominate, now they’re a mid table performer. The system of capping and drafts arresting billionaires from buying their way to enduring success

And whilst other sports have been improving their offering? The BHA have been watering down its fare. Banning hard pressed jockeys for obvious errors, a clear violation of their human rights. Low sun meriting bumper races. A massive dumbing down of National Hunt fences, the leading example of this would be the sport’s shop window. The Grand National

Now I do understand that for a decade animal rights campaigners have hung around Aintree, peddling their views. They should be easy to counter, over 90 percent of the animals they ‘save’ are euthanized! Any attempt to ban racing would amount to the biggest cull in the horse ever undertaken, and critically the RSPCA sees no issue with horse care. In the last few years, Aintree has experienced more horse deaths in the National than in the entire decade of the 60’s. It seems to me that speed kills with far more effectiveness than the height or stiffness at fences.  Look at Cheltenham’s 3rd last, now removed. It was rightly accepted that with the downhill nature of the fence, the tiring horse being asked for extra effort, led to fatalities. Nick Rust decided it was all about height, and the latest industry patsy, Julie Harrington, without doubt the most ineffectual leader the sport has ever engaged, it was also about how many actually took part.  

The clear and indisputable result was a race where over 4.5 miles, not a single horse fell. Not one. And in previous years I watched the same farce being played out with the number of finishers determined by those who pulled up.

The shop window has seen a huge decline, despite an attractive time slot, in the number of people watching the race. A nod to animal rights- has become the sports headstone, indeed they’ve created a monster. Hearts in their mouths every year-and with the inevitable spectre of future horse fatalities, will require another response. That’s how appeasement works.

 

Some folk in racing are waking up to the third issue. Trainers. The sport is ruled by a miniscule posse of top trainers. The aforementioned O’Brien, dominates the flat, and has become so powerful he can openly flout the rules of the sport, employing team tactics for example, to ensure his stars have the ideal pace and running line. Horses with best form at 7 furlongs sent out in Irish Derbys to provide the best environment for other horses in the stable. O’Brien may be breaking the rules, but he’s not doing anything wrong. Why? Because it is condoned by the authorities, and therefore he has cleverly made it legal.

The Irish racing regulator, Horse Racing Ireland came up with a novel plan to limit just 60 races in its programme to trainers who had fewer than 50 Irish Hunt winners. There were endless good reasons for such a plan, if you want to reduce the power of Mullins and Elliott, and to a lesser extent the likes of De Bromhead and Cromwell, from winning everything meaningful. It is precisely why other sports employ salary caps. Such dominance in any sport is deeply unhealthy, and pressurises small trainers out of business.  Mullins, for example, can withdraw his horses from a particular meeting and the bottom drops out of all interest. These 4 trainers were rumoured to be considering legal action, to protect their dominance, which merely serves to illustrate how self serving they are

Add that to the endlessly ruinous practices of other horse husbanders, like Nicky Henderson, withdrawing top stars from races at the eleventh hour, with a range of spurious excuses. Without due care for those who have bought a ticket. It is about Seven Barrows, rather than the National Hunt, and I’m afraid that’s as unacceptable as Manchester City deciding not to play its best players, because the opposition might be a bit stiff

Both the BHA, and Horse Racing Ireland have afforded trainers luxuriant opportunities to gain coveted black type. This has several major benefits to owners, breeders, trainers – but not the tracks. Naturally a row of often cheaply gained graded wins raises the profile, price and stud fees, and racetracks see offering graded events as important to attendance. Such has become somewhat of a millstone. Racing channels, pundits, hacks can all laud the performances of horses like Constitution Hill, but they are gained at the expense of competitive racing. I struggle to understand the eye watering fawning over such performances, when those who could make the race of merit to fans and television are boxed up and sent elsewhere. Ultimately, however, the practice has hit the sport hard, with  a marked decline in attendance. Aficionados can glorify group races like the Eclipse, Goodwood Cup or Champion Hurdle – but they remain utterly meaningless in terms of competitive fare, and for the betting public at racetracks? An irrelevance

Racing is not helped by its inward looking approach. Too many decisions involve self interest, the views of John Gosden, the tracks themselves, or the breeding community. Racing’s hierarchy is drawn from the sport almost exclusively and there are precious few new ideas. Attempts at change are derided as unnecessary – or even face legal challenge. Either that culture changes or the next generation could be looking at a severely diminished sport. 

Affordability checks in the gambling medium can only negatively impact racing coffers. I understand the reaction of the tracks will be to run to government to renegotiate what they earn from bookmakers. This has always been just so. It is a poor business practice, however, to refuse to accept the sport has declined in interest and competitiveness, and not to care that bookmaker returns in an expensive sport to operate are borderline, and racing’s most important stakeholders – punters, are fast losing interest in betting on the sport. They would rather bet on the slots, according to the latest set of financials from the GC.

Black type should be at a premium. Everything that can be done to increase competitiveness and participation must be addressed. Racetracks need to stop treating the sport as a by product to their publican tendencies. Prices cannot rival football, because racing isn’t as good as football. And the practice of breeding has to be robustly challenged with measures designed to make it a lot more difficult for horses to line up a row of 1s. The sport isn’t about 10 trainers.

Most sports would have woken up to its issues and taken full ownership a long time before now. In simple terms our decision makers view the sport from the corporate box, and show no understanding of why people are voting with their feet elsewhere

When racing was threatened by the prospect of a massive drop in income with the gambling commission’s utterly futile affordability checks on punters, a petition was taken up to get Parliament to debate the matter further. I recall it took nearly two weeks to gain 100,000 signatures. A sport with at least that number of people who depend on it for employment or business struggled to muster support. Why? Because the air of snobbish indifference to those who bet on the product came to the fore. The idea what is good for a bookmaker as good for the sport, not an ideal they care to support. Which highlighted a patent lack of understanding how the sport is financed by many. I have had many conversations with people in the sport who simply do not understand how dependent they are on betting! Punters themselves have felt entirely disenfranchised by association with racing. Overcharged when they attend for a very poor sporting product. Treated poorly by big betting corporations, and ignored by the authorities such as the BHA and gambling commission. The latter who actively punishes them for transgressions by major betting giants. Not difficult to see their indifference.

If racing is to get through this crisis, it simply needs a new authority. Which isn’t hired by the sport. Given free rein to sweep through changes. Punish racetracks for social failures and inadequate facilities. Enough of vanity Group 1s like Saturday’s Dewhurst. 5 ran- 2 owners. Weighed in. And the breeders? Well, they are racing’s true enemy. Forcing lesser owners out of association and robbing the sport callously of its stars as juveniles. Think that’s an extremist view? Well, tell me in November where to find City Of Troy.

The moral collapse of the gambling commission

Great Britain: Regulation – the moral collapse of the Gambling Commission

For those with an inclination to learn, this week’s events offer the Gambling Commission a valuable lesson in authority. The market regulator exercises a coercive authority, mandated by Parliament, over anyone who holds a licence to provide betting or gaming services in Great Britain. Where others are concerned, it must rely on moral authority – but this commodity has been all but exhausted by its own actions.

In an open letter to the Prime Minister published on Monday, a succession of activists, politicians and researchers (categories that have become increasingly indistinct), openly flouted the Commission’s authority while the ink was still dry on its guidance for how results from the Gambling Survey for Great Britain can and cannot be used. In what can only be considered a triumph of hope over experience, the Commission had promised that the issuing of its guidance document would curb the tendency of campaigners to misuse Official Statistics; but the Peers for Gambling Reform (‘PGR’) letter to Sir Keir Starmer (or ‘Sir Kier’ as these Peers appear to have dubbed him) showed this trust to be misplaced. The GSGB is not due out until this morning – but the signatories to the open letter jumped the gun by referring to “a higher picture of gambling harm than existed previously” (a claim that contravenes the guidance regardless of its attribution to the former minister, Stuart Andrew MP). 

The role of gambling market regulator is a difficult one – but the Gambling Commission has made its task needlessly troublesome by playing politics. As articles in the Racing Post and elsewhere have revealed, the Commission has in recent years suppressed evidence, manipulated surveys and facilitated the funding of anti-gambling activism through the disbursement of regulatory settlements. As the journalist Christopher Snowdon has observed, the Commission’s decision to publish misleading prevalence statistics while at the same time telling people to ignore them for the purposes of estimating prevalence is irresponsible: “They’re your statistics. Take some responsibility”, he wrote last week.

It is rumoured that at least one media outlet has refused a Gambling Commission request to amend its reporting of the GSGB. In any case, belated corrections on an obscure clarifications webpage provide scant redress for the impact of misleading headlines.

The PGR letter was revealing in other ways. In demanding the imposition of a safer gambling levy, the signatories claimed that “it is widely understood that the statutory levy would give oversight of treatment funding to the NHS, research funding to UKRI and prevention funding to OHID.” The DCMS has stated its intention to allocate commissioning responsibilities to the NHS and the UKRI but has made no such announcement with regard to the OHID, so it is unclear where the PGR is getting its information from. The appointment of OHID to the role would probably spell the beginning of the end for the licensed betting and gaming market in Great Britain. Officials at the department have indicated a desire to impose tobacco-style controls on operators and consumers; and have proposed annual increases in duties (effective prohibition), total bans on advertising and even – as bizarre as it may seem – ‘plain packaging for all gambling products (“no colours, logos or images”). They have shown a willingness to manufacture statistics and mislead policy-makers in support of this ambition.

It has been suggested on social media that the Good Law Project complaint about GambleAware (whose moral distaste for gambling pales by comparison with the OHID’s illiberalism) was designed to knock the charity out of the running to be the prevention commissioner. The Charity Commission’s rejection of the complaint (announced this week) should prompt an investigation into potential wrong-doing by those who involved (including whether the OHID had anything to do with it). Scrutiny of charities is important but requires care. Spurious accusations designed to disrupt the activities of the Third Sector is unacceptable. The Gambling Commission may not be the only ones to discover how quickly moral authority can erode.

Text book misconduct in public office

Primed Numbers: exercises in policy-based evidence-making?

Last month, the Racing Post revealed that the Gambling Commission had withheld for more than three years, evidence of widespread consumer opposition to affordability checks. The story raised a number of questions – from legal experts and others – about how evidence is used to inform regulation. In particular, it prompted speculation about why the market regulator was able to claim a consumer mandate for the imposition of checks when the weight of evidence tilted so clearly in a different direction. In this article, we examine the Gambling Commission’s use of consumer research on affordability checks, how survey responses can be stimulated to achieve the desired effects and why we should be wary of policy-based evidence-making.

The evidence trail starts in 2019 when the Gambling Commission asked the research firm 2CV to investigate consumer attitudes towards the prevention of ‘binge gambling’ episodes. The results of this survey indicated considerable antipathy towards hard interventions with more than 70% of respondents rejecting operator-imposed controls (with one-quarter selecting no action whatsoever).

The Gambling Commission omitted these findings when it published the results of the 2CV study and they were also excluded from the 2020 call for evidence on affordability checks, despite clear relevance. The results of the Gambling Commission’s ‘mini-survey’ in 2021 were even more stark. While three-quarters of respondents (most of whom were online bettors) agreed that operators should be required to take action to support vulnerable customers, 78% rejected proposals for affordability checks, citing consumer privacy, consumer freedom and their likely ineffectiveness in preventing harm. Just 14% of respondents stated that they would comply with checks while two-thirds said that they would feel uncomfortable being subjected to assessments by Credit Reference Agencies (‘CRAs’).

As the Racing Post has reported, these results were kept under wraps for almost three-and-a-half years and were deliberately excluded from the 2023 consultation on Financial Risk Assessments (‘FRAs’). In October last year, the Commission refused a request under the Freedom of Information Act (‘FOIA’) for the survey findings to be released, claiming that it would be too time-consuming to do so and that it saw “no outstanding public interest” in making them while the consultation was open. In February this year, the chief executive of the Commission, Andrew Rhodes, gave a personal pledge that the results would be published. The Commission however, failed to publish the survey results when plans for FRAs were announced in May; and it took a further FOIA request to finally force its hand.

By this point however, the Gambling Commission had released the results from a third survey (a self-selected online panel managed by the polling firm, Yonder); and this time the results were rather different. A large majority (78%) of respondents agreed that checks were “necessary to protect people from gambling harm” and just 6% disagreed. It is true that the 2023 survey related to a modified form of the affordability checks proposed in 2021 – but this seems an unlikely explanation for such a change in views on checks and the use of CRAs in particular (see chart). Is it plausible that consumer attitudes should have altered so dramatically in just two years?

SurveySample size
Gambling Commission 202112,124
Yonder 20231,000

There are two strong contenders for explaining why the Yonder panel yielded such different views from the 2019 2CV survey and the Commission’s own ‘mini survey’ in 2021. The first relates to sample composition. The 2021 survey was responded to by people interested in the issue of affordability checks – people who had sufficient skin in the game to take the trouble to respond. The Yonder panel by contrast, consisted of people who get their kicks (as well as some small financial compensation) from taking part in surveys – but who otherwise might have little interest in the policy (only 14% had personal experience of affordability checks). It is easy to be supportive of controls imposed on others.

The bigger issue however, is likely to be one of response priming. Prior to completing the 2023 survey questionnaire, panellists were exposed to ‘stimulus packs’, including ‘video stimuli’ to “maximise engagement and efficiency”. They were informed that the checks being consulted on were already Government policy and that they would “protect the most vulnerable while allowing everyone else to enjoy gambling without harm”. They were then shown a selection of newspaper headlines, with the explicit intention that these should affect (or stimulate) responses. Some of these headlines reflected concerns about checks while others warned about delays to implementation; but the overall impression was far from balanced.

One of the headlines told respondents that “Gambling addicts will die because of delay to reforms, government warned”; another that “‘There will be more people dying’: mother whose daughter took own life criticises gambling white paper”. In other words, survey participants were encouraged to believe that people would take their own lives if the checks were opposed. They were also exposed to headlines expressing opposition to checks (e.g. “MP urges racing to make its case against ‘crippling’ Gambling Commission proposals”) but such concerns will pale when juxtaposed against self-harm. Viewed in this light, the Yonder panel’s strong support for FRAs appears distinctly unsurprising. The second of the two ‘suicide headlines’ in the stimulus pack did not even relate to affordability checks but instead to advertising; and in fact rejected the idea that “even stricter versions” of checks would prevent loss of life (suggesting that survey respondents were not simply led – but actively misled). A third headline related to a comment piece in The Times written by a director at the activist group, Gambling With Lives; while the author of the fourth is understood to have connections with the same organisation.

Reviewing the stimuli to which the Yonder panellists were subjected, it is difficult not to be cynical about the Gambling Commission’s intent. Having failed on two occasions to obtain the desired response, the Commission left nothing to chance with the Yonder survey. Even if we ignore these issues and take the 2023 Yonder survey at face value, it does not explain why the Commission repeatedly refused to publish the results of the 2021 ‘mini survey’ (or the 2019 2CV study). The Commission’s selective use of evidence is difficult to justify – and so far it has made absolutely no attempt to do so. Its silence in the face of serious concerns about consultative process appears evasive rather than dignified. If it has reservations about the 2019 and 2021 surveys, it should explain what these are and allow people to make up their own minds about their value. Suppressing inconvenient evidence serves only to undermine confidence in the regulatory process.  

In around six weeks from now, a pilot scheme to assess the viability of Financial Risk Assessments will commence; yet the Gambling Commission has still not published details of how this will be evaluated. The criteria for success have not been released and it is unclear how the integrity of the tests will be assured. Having spent the last three-and-a-half years agitating for checks, the Commission cannot be considered a neutral actor; and its reputation for impartiality has taken a battering of late. In the absence of a proper explanation for the withholding of evidence and a commitment to transparent evaluation of the pilot, the market regulator faces the threat of fresh controversy – and possibly legal challenge. It is unlikely that the incoming Culture Secretary, Lisa Nandy, will thank the Gambling Commission for such an avoidable headache.

If the Government does not want consumers to be asked to produce bank statements and tax returns in order to spend their own money, why is this happening?

‘If the Government does not want consumers to be asked to produce bank statements and tax returns in order to spend their own money, why is this happening? ‘

Great Britain: Regulation – Will Commission‘s slight return strike a blue tone with bettors?

You don’t have to have the solution,

You’ve got to understand the problem,

And don’t go hoping for a miracle,

All this will fade away.”

‘Slight Return’, the Bluetones (1995)

The long-awaited publication of regulatory policy on affordability checks for gambling consumers in Great Britain may have provided clarity of a sort – but last week’s announcement was also notable for what it did not contain. 

The Gambling Commission’s intention to run a six-month pilot of financial risk checks had been well-trailed. It was surprising therefore that its announcement contained so little information about how the tests would be conducted; by whom; and what criteria would be used to determine success. In 2017, the Gambling Commission’s Responsible Gambling Strategy Board published an Evaluation Protocol, based on the principles of ‘robustness and credibility’, ‘proportionality’, ‘independence’ and ‘transparency’. As things stand, it is unclear to what extent – if at all – the Commission intends to comply with its own protocol (or indeed the Government’s Magenta Book).

The Protocol states, for example, that good evaluation “should include a clear articulation of what an intervention is intended to do, the outcomes it is intended to achieve, and how it is envisaged these outcomes will come about”; and also that it “has data collection which is planned before the intervention is implemented – so that, if necessary, baseline data can be collected before the policy starts.”  

The Gambling Commission has stated that the purpose of the new regulation is to create greater consistency for consumers; to regularise the patchwork quilt of trigger points and thresholds for checks that currently exists. At the same time, it has been remarkably incurious as to why this system of checks came into being in the first place and what effects it has had. If the Government does not want consumers to be asked to produce bank statements and tax returns in order to spend their own money, why is this happening? How has the existing system affected consumers, the functioning of the licensed and unlicensed markets and the finances of British horseracing? Without understanding this, how will we know that the Commission’s new system is better? Without robust analysis of the problem the policy is intended to solve, how will the success or otherwise of the pilot and any succeeding regulation be assessed?

The results of the 2021 ‘short survey’ into consumer attitudes towards affordability checks is another significant omission. Last year, the Gambling Commission committed to publish “the results from the survey”, which was completed by 12,125 individuals, thought mainly to be bettors (horserace bettors in particular were encouraged to submit their views). Instead of this, the Commission has published what might best be described as a narrative description of responses to the overall call for evidence – which is not at all the same thing. The market regulator’s reluctance to publish the actual results will prompt speculation that it perceives the views of consumers to be inconvenient or of marginal relevance to its mission. The Commission may find that a failure to do what it said it would, hinders rather than helps its goals of increasing transparency and building trust.

Last year, the Gambling Commission denied a request, made under the Freedom of Information Act, to release the survey results. It claimed that the “necessary preparation and administration involved in publishing the information” outweighed the “legitimate public interest in promoting the accountability and transparency of public authorities”. What had seemed a doubtful excuse at the time now seems highly implausible. It is difficult to believe that the composition of a single webpage on responses to the 2020/2021 call for evidence involved very much “preparation and administration”. Having been forced to wait for more than three years for publication, this single page may strike the thousands of people and hundreds of organizations who took the trouble to respond as a rather slight return. Those who believe that the Commission has no interest in the views of recreational consumers are likely to feel vindicated. In a paper published in 1999, Bill Eadington, the father of modern gambling studies, described the way that gamblers are often treated as “customers whose demands are not fully respected in the public policy formulation process.” He had a point.

Dan Waugh

E:  dan.waugh@reguluspartners.com

W:  www.reguluspartners.com