Annexe
Extract from the Racecourse Association's
Position Paper—September 1997
BOOKMAKER SENIORITY
AND ATTENDANCE
The present system of seniority is long established
and broadly speaking is satisfactory to the bookmakers themselves—at
least to those bookmakers whose seniority under the system is
such as to provide them with the opportunities they want. To those
of low seniority it can prove frustrating, with opportunities
to bet severely restricted.
Despite the criticisms of the present system
levelled by racecourses and waiting list bookmakers, it must be
acknowledged that when introduced more than 60 years ago it brought
order out of chaos and has maintained that order ever since. Changes
to the system are certain to meet with opposition and to minimise
this it is proposed to maintain as many of the existing principles
as possible.
The seniority of pitch bookmakers (authorised
bookmakers) is defined in the rules as dating from the day on
which they were first allotted a permanent pitch in the ring in
which they operate (or on the Rails). Waiting list bookmakers
earn their seniority from the date on which their name was added
to the list.
In effect there is one list of bookmakers in
the order of seniority, albeit that the list is presently divided
into:
(b) The Supplementary List;
(c) The Extended Supplementary List;
The combination into one list would not affect
the seniority of any person on it, but would remove the necessary
categorisations. Any combination beyond merging (b) and (c) would
destroy the concept of designated numbers and/or the necessary
protection for the public. Merging (a) with any of the others
would remove the right of pitch holders to bet in excess of the
designated number. Merging (d) with (c) would mean that any bookmaker
was eligible to bet as soon as he had joined the waiting list,
before he had been approved or lodged a bond, which many waiting
list bookmakers do not wish to do until they are in a position
to bet regularly. There is scope for simplyfing the waiting lists
by phasing out the advantage given to supplementary list bookmakers
(ie merging (b) and (c)), as originally agreed in 1992 at the
inception of the ESL.
Pitches are allotted strictly in accordance
with seniority. However it has now been agreed that "seniority"
can be bought and sold by offering the rights attendant on that
precedence to those in descending order of seniority below that
of the seller. This in itself is liable to result in the retirement
of a number of long-serving bookmakers and effect a major revision
of the ring. Once that has been achieved little further significant
movement is anticipated.
While the NAB has still to finalise details
of the Transfer of Seniroity Scheme, it is not expected to differ
greatly from the Draft paper.
TRANSFER OF
SENIORITY SCHEME
Beaing in mind the legal advice received by
both the RCA and NAB it has been agreed that the facility to buy
and sell pitches as such (ie a specific plot of land on a racecourse)
is deemed to be unacceptable to the RCA as such a transaction
would confer proprietary rights to the purchaser who would have,
in effect, property rights conferred to him by the racecourse
concerned.
As a result of this the NAB developed the Transfer
of Seniority Scheme, which does not confer any property rights.
The NAB have yet to finalise the details appertaining
to this Scheme, however, the outline provisions of the Scheme
are, as under, subject to adjustment and modifications yet to
be decided.
1. That is shall be permissible for a pitch
holder to sell his personal seniority to a "willing buyer"
who shall retain rights and responsibilities identifical to those
of the seller.
2. That a "willing buyer" must
be either:
(i) A pitch holder of the same type in the
same ring on the same racecourse.
(ii) A pitch holder in any ring on the same
racecourse including "Away", "Unorthodox"
and "Rails".
(iii) A waiting list bookmaker for the same
ring on the same racecourse.
(iv) A waiting list bookmaker for any ring
on the same racecourse.
3. Persons other than pitch holders and
waiting list bookmakers on the racecourse concerned will not be
permitted to buy seniority.
4. A "Willing buyer" as at (2)(i)
to (iv) above will have the right, in order of personal seniority,
to be offered the "opportunity" to buy, strictly in
accordance with the order given in (2) above.
5. In order to determine the priority right
of the "willing buyer" to buy, personal seniority only
will be taken into account, that is to say "inherited seniority"
will not confer any advantage in the right to have first refusal.
First refusal, therefore, will be given to the most senior and
thereafter to the next senior and so on in descending order in
each category in the order given at (2) above.
6. The valuations of seniority in any ring
will be recommended by the relevant Association for acceptance
by the NAB.
7. "Valuations" will be reviewed
when considered necessary by local Associations or by NAB.
8. No pitch holder will be under any obligation
to buy seniority, but others with less seniority may overtake
him on the seniority scale should he refuse to do so.
9. Any waiting list bookmaker offered the
opportunity to buy seniority at a particular course shall be obliged
to do so, subject to the following:
(i) he will be allowed one refusal without
penalty;
(ii) on a second refusal he will be moved
10 places down the waiting list; and
(iii) on a third refusal he will be removed
from the waiting list.
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