LCCC Development Association Lottery Policy & Procedures
- Non‐remote Operating Licence number 005180-N-100432-008
This document contains the LCCC Development Association’s (LCCCDA) non‐remote gambling policies. These policies are a requirement for maintaining a non-remote non-commercial Society Lottery Operating Licence from the Gambling Commission. LCCCDA is licensed by the Gambling Commission to promote its Lottery.
All employees and any contractors or agents associated with LCCCDA’s Lottery will be made aware of the policies and procedures contained in this document. Any contractors and agents will be contractually obliged to operate in accordance with them.
If anyone at the LCCCDA wishes to operate any sort of gambling activity not covered in these policies, or one that requires a change to these policies, they must first seek the approval of LCCCDA’s license holder Gary Porter, Lottery Manager.
This policy is compulsory. It sets out LCCCDA’s non‐remote lottery policies, which are based on the Gambling Commission’s Licence Conditions and Codes of Practice (LCCP), under the Gambling Act 2005.
LCCCDA will alter this policy to reflect any future changes to the Gambling Commission’s Licence Conditions and Codes of Practice.
Policies are provided in relation to:
- General policy statements
- Protection of the business from being a source of crime or disorder, being associated with crime or disorder, or being used to support crime
- Ensuring that children and other vulnerable persons will be protected from being harmed or exploited by gambling
- The promotion of socially responsible gambling
- Ensuring that gambling is conducted in a fair and open way
- Access to premises
- Information requirements
- Complaints and disputes.
General Policy Statement
LCCCDA recognises its responsibility and obligation to comply with the Licensing Objectives of the Gambling Act 2005 and the Licence Conditions and Codes of Practice.
- LCCCDA will operate its Lottery campaigns in accordance with the Gambling Act 2005.
- LCCCDA will run Lotteries that comply with the general licence conditions and associated codes of practice (Licence Conditions and Codes of Practice) attached to LCCCDA’s lottery operating licence, as issued by the Gambling Commission pursuant to Section 75 of the Gambling Act 2005.
Small‐scale operator status
- LCCCDA will operate as a small‐scale operator, as defined in the Gambling Act 2005 (Definition of Small‐Scale Operator) Regulations 2006.
- Any changes required to the list of employees whose details and responsibilities have previously been provided to the Gambling Commission in relation to the operating licence (as in those qualifying persons actually named on LCCCDA’s operating licence) will be provided in writing by Gary Porter to the Commission, no later than 28 days after the change has occurred.
- Changes to registered address, trading name, equipment type used will be provided in writing to the commission within 28 days.
LCCCDA and any contractors will:
- Ensure that access to any building used for Lottery administration purposes is controlled.
- Further ensure that access to any area within the building that is used either for Lottery administration purposes or for storage of Lottery related records is also controlled.
- All staff will, whenever and wherever possible, ensure that customers personal details, customers debit/credit card details are stored as safely and securely as possible.
- All cash and cash equivalents shall be handled in the company of other members of staff. They shall also be stored out of sight as safely and securely as possible prior to processing and shall be stored overnight in an office safe, once processed. If a safe is not available then this must be kept in a locked cupboard or drawer.
- Members of staff, where appropriate, are trained as part of their induction process in the understanding of, and the strict adherence to LCCCDA Cash Handling policy.
Protection of Customer Funds
All customer funds intended for the use in future gambling and/or lottery subscriptions will be held in a separate bank account or accounts relating to the Lottery and will be completely separate from the charities trading income.
General ‘fair and open’ provisions
LCCCDA will ensure that:
- The terms upon which gambling is offered are not unfair under the Unfair Terms in Consumer Contracts Regulations 1999 and where applicable, meet the reasonableness test under the Unfair Contract Terms Act 1977 .
- The rules for each Lottery are made available to ticket holders and set out in plain and intelligible language see Page 10.
- Ticket holders will be notified of changes to the terms before they come into effect.
Display of licensed status
LCCCDA will ensure that ‘Licensed by the Gambling Commission’ and details of the Gambling Commission’s website (www.gamblingcommission.gov.uk) are printed on all Lottery tickets.
LCCCDA will ensure that all of its Lottery campaigns will be operated specifically in accordance with the Gambling Commission’s Licence Conditions and Codes of Practice.
Protection of the business from being a source of crime or disorder, being associated with crime or disorder, or being used to support crime
Proceeds of Crime Act 2002 - Under the 2002 Proceeds of Crime Act (POCA), we need to report the gambling activities of individuals if we know or suspect that their lifestyle is supported by the proceeds of criminal activity. In other words, those people we know or suspect are using the proceeds of crime money to take part in our lottery activities.
Further information on POCA can be accessed via this link: Proceeds of Crime Act 2002
Money Laundering Definition
Money laundering is a process by which the proceeds of crime are converted into assets which appear to have a legitimate origin, so that they can be retained permanently or recycled into further criminal enterprises or spent as a lifestyle. This definition of money laundering means that potentially anyone could contravene the Regulations if they were to become aware of or suspect the existence of criminal property and continue to be involved in a matter which relates to that property without reporting their concerns.
Policy (also see our Anti Money Laundering Risk Assessment)
LCCCDA is committed to ensuring that all necessary safeguards are in place with regard to the receipt of money in order to avoid it being used to launder money that may originate from the proceeds of crime.
The Lottery Manager is Designated Anti Money Laundering Officer (AMLO)
All relevant staff are trained on the requirements of the Regulations and told of the need to report any suspicious cash transactions to the AMLO for the purpose of informing the relevant authorities.
Although the likelihood of any suspicious activity related to money laundering is considered to be an extremely low risk LCCCDA is aware of the appropriate course of action to follow should such a suspicious activity be identified – the course of action is described below.
Where it is suspected by a member of staff that money laundering activity is taking/has taken place, a disclosure must be made to the AMLO as soon as possible. Because of the importance attached to the process, notification should normally take place immediately by telephone or, where that is not possible, by any other expedient means. No discussion will take place with colleagues as confidentiality is paramount.
The AMLO will determine whether or not to submit - online or otherwise - a suspicious activity report (SAR) to the National Crime Agency (NCA) and will maintain records of all suspicious activity notifications received and the decision making process to address them. The AMLO may consider seeking advice from an appropriate authority (example: Gambling Commission) before deciding if SAR should be submitted.
- LCCCDA will refuse to be associated with any proposed Lottery or other gambling activity that may breach the law.
- LCCCDA will refuse to contract with any contractors or agents who LCCCDA suspects may be associated with any potential or actual criminal activities.
LCCCDA employees/self‐employed agents
- LCCCDA will maintain ongoing monitoring of all staff, particularly with a view to their direct or indirect association with potential criminal activities.
- LCCCDA will ensure that it reports any actual or suspected criminal activities to the police.
- LCCCDA staff involved in promoting Lotteries will be trained to a satisfactory standard to ensure compliance with LCCCDA’s gambling policy and procedure.
Ensuring that children and other vulnerable people will be protected from being harmed or exploited by gambling
- LCCCDA will ensure that the Lottery rules and any Lottery marketing and promotional literature, including any Lottery tickets, adequately and effectively advertise the minimum legal age limit.
- LCCCDA will not accept Lottery entries from children who LCCCDA knows to be under 16 years old or suspect of being under 16 and cannot prove otherwise by producing acceptable identification documents such as a valid driving licence, passport or identity card. LCCCDA will explain that the operation of the Lottery is covered by the Gambling Act 2005, which prevents any person under that age from taking part in any gambling activities. LCCCDA will refund in full any Lottery money that may have been received.
- If a child under 16 years old is found to have participated in a Lottery after the Lottery draw has taken place, then a full refund will be made to that person and any prizes that might otherwise have been due to them will not be paid out. If prizes have already been paid out, all reasonable attempts will be made to recover them.
Suspected problem gamblers - Customer Interaction - Policy and Procedures
LCCCDA makes use of all relevant sources of information to ensure effective customer interaction and decision making in relation to identifying possible gambling disorders; equally to identify at-risk customers who may not be displaying obvious signs of problem gambling.
If members of staff have concerns that a customer’s behaviour may be related to having problems with gambling, the Lottery Manager (Deputy) is to be informed at the earliest available opportunity. Indicative behaviour may include signs of distress, agitation, aggression, intense mood swings, hysteria, remorse and perhaps even damage to property and violence or the threat of violence to staff. Members of staff should bear in mind their own personal safety and follow the policy and not engage with a customer displaying problem gambling signs but report to the Lottery Manager (Deputy).
The Lottery Manager (Deputy) will assess and analyse the circumstances on receiving a report of a customer displaying signs of problem gambling and make a judgement as to whether it is appropriate to suggest to the customer that they might want to be provided with information regarding where they can seek professional advice about the nature of their gambling activity or have the process of self-exclusion explained for consideration. If the customer refuses such information the Lottery Manager (Deputy) may give consideration to refusing service.
Customer Interaction as described above should be conducted between the Lottery Manager (Deputy) and the customer in a confidential and meaningful manner. The Lottery Manager (Deputy) will log all such customer interactions and also reports may result in future customer interaction or where it has been ruled out where otherwise it would have taken place.
Members of staff are aware that the Lottery Manager (Deputy) who is specifically designated to deal with requests for self-exclusion, and are aware of where customers can be directed for confidential advice should they be directly approached for assistance.
This policy and procedure is consistent with, and implemented with due regard to LCCCDA’s duty in respect of the health and safety of their members of staff.
- In the event that an application to participate in a Lottery is received from a suspected problem gambler:
- The customer must be tactfully referred to GamCare by the Lottery Manager.
- The customer’s details must be logged for the purposes of possible exclusion from future participation in future lotteries, should any similar incidents re‐occur.
- All written and verbal communication between staff and suspected problem gamblers must be monitored and approved by the Lottery Manager.
In the event that an existing customer is suspected of becoming a problem gambler:
- Any requests for any additional lottery entries/tickets in excess of the recommended maximums must be tactfully refused.
- The customer must be tactfully referred to GamCare, by the Lottery Manager.
- The customer’s details must be logged for the purposes of possible exclusion from future participation in future lotteries, should any similar incidents re‐occur.
- All written and verbal communications between staff and the suspected problem gambler should be monitored and approved by the by the Lottery Manager.
The LCCCDA has procedures in place allowing an individual to self-exclude for a length of time – usually between a minimum of six months and five years and will take all reasonable steps to prevent an individual who has entered a self-exclusion agreement from participating in gambling. A request for self-exclusion will be available with immediate effect and with no cooling off period.
Customers will be given the opportunity to self‐exclude either by telephone or in writing to:
LCCCDA is aware that a customer who has self-excluded and who wishes to recommence lottery (gambling) with LCCCDA after the self-exclusion period has expired, the customer will not be allowed to gamble until after 24 hours (cooling off period) have passed from the time the customer initially makes the request to recommence gambling.
Lottery Manager, Lancashire County Cricket Club Foundation, Emirates Old Trafford, Manchester, M16 0PX Tel: 0161 868 6848 | Email: email@example.com
Other vulnerable people
- LCCCDA is committed to ensuring that Lottery tickets are not knowingly sent to other vulnerable people.
- Staff are trained to detect vulnerability in customers/potential customers and politely decline offers of support from such individuals.
- People particularly at risk include the elderly, mentally disabled and those under the influence of drugs or alcohol.
- LCCCDA will politely refuse to accept any new or subsequent Lottery entries from people who have been discovered to be vulnerable or are suspected of being vulnerable, typically by recommending that the customer speaks with a carer or family member, before proceeding with the gambling transaction.
- LCCCDA’s own staff/Agents involved in the provision of facilities for gambling are made aware of advice on socially responsible gambling and of where to get confidential advice should their own gambling become hard to control. Staff can approach the Lottery Manager for any confidential help.
Social responsibility gambling
Information on how to gamble responsibly and help for problem gamblers
- LCCCDA is committed to ensuring that information about responsible gambling and accessing information and help in respect of problem gambling is readily available to all. The Lottery rules and any Lottery marketing and promotional literature, will as far as is reasonably possible, advertise the GamCare logo, and the GamCare National Helpline number (0845 6000 133), with the following supporting text:
“The LCCC Development Association supports responsible gambling – if you need advice or support ring 0845 6000 133 or visit www.gamcare.org.uk “
GamCare is a registered charity and has become the leading authority on the provision of counselling, advice and practical help in addressing the social impact of gambling in the UK. GamCare takes a non‐judgemental approach to gambling. They do not wish to restrict the choices or opportunities for anyone to operate or engage in gambling that are available legally and operated responsibly, but do strive to develop strategies that will:
- improve understanding of the social impact of gambling.
- promote a responsible approach to gambling.
- address the needs of those adversely affected by a gambling dependency.
GamCare operates a national telephone helpline for anyone affected by a gambling problem and operates a network of both face‐to‐face and online counselling and support services. Additionally, GamCare works to support the development and implementation of responsible practice by the gambling industry.
LCCCDA will ensure that all staff associated with the LCCCDA gambling business are made aware that advice is available to customers from GamCare regarding socially responsible gambling and gambling dependency.
Ensuring that gambling is conducted in a fair and open way
- All of LCCCDA’s Lottery campaigns will be conducted in accordance with LCCCDA’s Lottery rules. These rules will be permanently available to all prospective and actual Lottery customers via LCCCDA website www.lcccfoundation.co.uk and will be provided in writing, upon request.
- LCCCDA will notify its customers of changes to the terms and conditions – that is, the lottery rules associated with any Lottery before they come into effect.
- LCCCDA will ensure that any manual draws are witnessed by at least one nominated representative, other than that person manually selecting the winning tickets.
- The winners will be notified in writing within 7 working days of the draw date. Prize money will be sent by cheque within 7 working days.
Access to premises
LCCCDA will ensure that all employees and any contractors or agents associated with LCCCDA lottery business are made aware that:
- They must co‐operate with the Gambling Commission’s enforcement officers in the proper performance of their compliance functions.
- The Gambling Commission’s enforcement officers have rights of entry to premises, as contained in Part 15 of the Gambling Act 2005.
LCCCDA will make all reasonable efforts to ensure that the Gambling Commission is provided with any information that they know relates to or suspect may relate to an offence under the Gambling Act 2005, including an offence resulting from a breach of a licence condition or a code provision having the effect of a licence condition.
LCCCDA will make all reasonable efforts to ensure that all key events as defined in the Gambling Commission’s Licence Conditions and Codes of Practice are reported to the Gambling Commission within five working days of the licensee becoming aware of the events occurrence.
LCCCDA will make available to the Gambling Commission such information as the commission may require about the use made of facilities provided in accordance with LCCCDA operating licences, the manner in which gambling authorised by the licence is provided and the manner in which the licensee’s business in relation to that gambling is carried out, including in particular information about:
- The numbers of people making use of the facilities and the frequency of such use, inclusive of changes in the number of staff associated with any lottery scheme where those changes have a material impact on LCCCDA gambling business.
- The range of gambling activities provided by LCCCDA and the numbers of staff employed in connection with them.
- The licensee’s policies in relation to and experiences of, problem gambling.
LCCCDA will complete and submit the following returns to the Gambling Commission, within the following time periods:
- Lottery submissions, within three months of the date of each lottery draw.
- Regulatory returns, within 42 days of the end of each of LCCCDA’s annual period which is currently within 42 days of the end of March, each year.
LCCCDA will comply with the advertising codes of practice that apply to the form and media in which it advertises its gambling facilities or services and will apply the principles included within these codes of practice for media not explicitly covered.
LCCCDA will implement a Complaints Procedure which will be made available to all potential or actual customers upon request.
For further details read our Lottery Complaints Procedure PDF.