UKGC Withholds Operator Age-Check Performance Data
Regulator cites risk to operator relationships in refusal to release underage gambling test results for specific companies.
The UK Gambling Commission has refused a Freedom of Information request for data on age verification test purchasing. The regulator withheld both sector-wide statistics and specific performance data for major operator Merkur, citing potential harm to its regulatory functions and relationships with licensees.
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Regulator Denies Access to Underage Gambling Test Results
The UK Gambling Commission (UKGC) has withheld data detailing the performance of land-based gambling operators in preventing underage access to their venues. The decision came in response to a Freedom of Information (FOI) request dated 20 January 2025, which sought aggregate results of age verification test purchases.
The request asked for the number of tests conducted and the success rates for Licensed Betting Offices, Adult Gaming Centres (AGCs), bingo venues, and casinos for the years 2019, 2022, 2023, and 2024. It also specifically requested the performance data for the Merkur Group, a major operator of AGCs under brands like Merkur and Cashino.
Why This Data Matters
Age verification test purchasing is a key tool used to measure how effective gambling venues are at preventing children and young people from gambling. In these tests, individuals who are old enough to be legally challenged but are under 25 attempt to place a bet or play a machine to see if staff intervene and ask for identification. The success rate, or challenge rate, is a primary indicator of whether an operator's policies to protect minors are working in practice. Access to this data allows consumers and researchers to assess industry-wide standards and the compliance of specific operators.
The Commission's Refusal
The UKGC refused the request on two separate grounds.
For the sector-wide aggregate data, the Commission cited Section 21 of the FOIA, stating the information was 'reasonably accessible elsewhere'. It directed the requester to its published report, 'Underage gambling participation and the effectiveness of land-based licensee age-verification controls'. However, the regulator noted that it did not hold any data for the year 2019.
For the request concerning the Merkur Group's specific performance, the UKGC invoked a more significant exemption under Section 31 of the FOIA (Law Enforcement). It argued that releasing operator-specific compliance data would prejudice its ability to regulate the industry.
In its response, the Commission stated that it relies on operators to make "frank submissions" and that this information is "treated as being provided in confidence." The regulator expressed concern that disclosing such data would:
- Undermine the trust it has built with operators.
- Make operators less likely to cooperate and share information voluntarily in the future.
- Damage relationships and ultimately harm its ability to carry out its regulatory functions.
Balancing Transparency and Regulation
The UKGC acknowledged a public interest in transparency and accountability. However, it concluded that the public interest was better served by withholding the information to protect its regulatory processes. The Commission's position is that maintaining open and cooperative channels with licensees is essential for effective oversight, and that releasing this data would compromise that relationship.
This decision means that while the UKGC collects and analyses performance data from individual operators, it will not make that specific information public. Consumers are therefore unable to see or compare the age-check success rates of specific high-street gambling brands.