This month the UK Gambling Commission tackles the issues of sports sponsorship and foreign gambling operators. Under the Gambling Act 2005 regulations, Section 331, it is an offence to advertise foreign gambling, and this includes international competitions where visiting teams’ sponsors are not licensed and regulated in either an EEA state (and Gibraltar) or one of the Department for Culture, Media and Sport (DCMS) approved ‘white’ list jurisdictions (currently Antigua & Barbuda, Alderney, the Isle of Man and Tasmania).

According to the Gambling Commission, “A growing number of British sports clubs are obtaining sponsorship deals with gambling providers based outside Great Britain. Sports sponsorship falls within the definition of advertising in Section 327(2)(a) of the Gambling Act 2005 (the Act). Such sponsorship deals raise two principle issues, the first is whether foreign gambling providers may advertise within Great Britain; the second is the need to comply with the gambling industry code for socially responsible advertising.”

Also at issue is the branding of children’s replica kits. “The advertising of adult-only gambling products or product suppliers should never be targeted at children. This applies equally to sponsorship and this code requires that gambling operators will not allow their logos or other promotional material to appear on any commercial merchandising which is designed for use by children. A clear example of this would be the use of logos on children’s sports shirts which in future would not be permitted under the terms of this code. Children’s shirts and other merchandise will be defined as those that do not attract VAT.” (E-09.28.09)

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