Joint Committee on the Draft Gambling Bill Minutes of Evidence


Examination of Witnesses (Questions 1260 - 1279)

TUESDAY 3 FEBRUARY 2004

MR MICHAEL GRADE, MS DIANNE THOMPSON AND MR PHIL SMITH

  Q1260  Lord Faulkner of Worcester: Why do you bother with scratch cards at all? Why do not leave that to the society lottery market?

  Mr Smith: Our scratch card business is enormously successful and a very large business. We will sell over £630 million worth of scratch cards during the course of this financial year. That number is growing quite solidly and it returns a very respectable amount to the good causes and to the Exchequer, so for us it is an important part of the business.

  Q1261  Chairman: This is part of the mix that was mentioned in respect to Mr Meale's question.

  Mr Smith: Out of the 30 per cent, which is growing, about half of that is our scratch card business. It has really helped us to offset some of the 4-5 per cent decline we have seen in Lotto.

  Q1262  Lord Wade of Chorlton: You run a six out of 49 ratio. What is the significance of that as against other options? I believe your competitor works on a different ratio. I would be interested on what is the significance of the ratios in bringing both profit to you and returns to the good causes?

  Ms Thompson: You are absolutely right that our competitor for the second licence was proposing a six from 53. We launched with six from 49, and our research shows that in fact the vast majority of our players like that six from 49 still, nearly 10 years on. It is our tenth anniversary this year. About 60 per cent of our players play the same numbers they have played from day one and do not want to see a change, but we do research it from time to time. In terms of profit, I think it is important to get Camelot profit into context. For every pound in profit that we make, retailers are making £10 of profit; the Government is getting £26 back to the Exchequer; good causes are getting £56 back; and our players are getting £100. Our profit is absolutely minute. I would argue, however, that the profit motive, and one of the things that Mr Burridge did say which did not come out quite clearly in the NLCs earlier evidence session today, he was not saying they would not bid under the status quo; what he was saying was he believes it should be a not-for-profit lottery. I disagree with that. I would do, would I not, because I run a for-profit lottery; but I believe it is the profit motive, despite the fact we only make ½ per cent profit, which has kept this organisation lean and mean and made us the most efficient lottery in the world for four out of the last five years. If you look at the operating costs in Europe, the average operating costs for European lotteries is 14 per cent, ours is actually 4.8 per cent including profit. If you look at the state-run organisation in Belgium theirs is 23 per cent. The profit motive, I think, has delivered the most efficient lottery in the world.

  Q1263  Lord Wade of Chorlton: Not-for-profit, but that does not mean they do not take all their expenses out of it, does it? Nevertheless, at the end of the day I agree with your point.

  Ms Thompson: It is very difficult to define what "not-for-profit" is. The other point is, which the Chairman of the NLC made this morning, under the new regime that they have, they have the ability to fine us if we do not actually comply with certain areas of the licence; and we have had a couple of very small fines. If you are not-for-profit you never face fines. The only pot of money is the good cause pot.

  Q1264  Chairman: Or the money that goes to the Exchequer? Is this 12 per cent tax too high?

  Ms Thompson: We think so!

  Mr Smith: It is not a question of the level for us; we think it is a question of the method of application. We think that the application of a sales tax is not in the best interest of the National Lottery when it comes to the maximisation of returns for good causes, because the first beneficiary of any extra sale that you make as a result of increasing prize payout is actually the Exchequer, and not necessarily the National Lottery distribution fund. We are in the middle of discussions now where we would like to be in a position where we could move to a gross profit tax regime in line with the rest of the industry, albeit we would be happy to pay at the levels which we currently pay.

  Q1265  Chairman: Given that you say your profits are fairly small, but moving to a gross profit tax would presumably mean a combination of more money for good causes and more money back in returns to the players to deal with some of the concerns you have raised?

  Mr Grade: At least neutral for the Treasury, yes. We believe that the ability to increase the prize payout would increase sales, and there would be a virtuous circle.

  Q1266  Chairman: Like many members of this Committee, Mr Grade, you enjoy a visit to a racecourse from time to time. You will have observed that the abolition of the off-course tax resulted in a substantial increase in betting shop turnover. Do you have a similar feeling if this were addressed that there would be an increase in ticket purchases?

  Mr Grade: We are in no doubt about that.

  Mr Smith: We believe certainly with some games and with some styles of play, for example on the internet, there would be substantial increases in sales as a result of the application of a gross profit tax, which would result in increased returns to good causes as well as an increase in returns to the Exchequer. We have had an independent study commissioned by us from the Henley Centre, which suggested that as much as £500 million could be the additional pot to be shared between the relevant parties during the course of this licence.

  Mr Grade: I think historically, as I understand it, the Lottery duty was designed to compensate the Treasury for a lowering of receipts it would get from the Pools as a result of the introduction of the Lottery. I think it is fair to say everyone I have spoken to at the Treasury suggests that the receipts were far in excess of anything they expected.

  Q1267  Baroness Golding: How effective do you think changes to the licensing process will be in ensuring effective competition for future licences?

  Mr Grade: Quite the contrary, we believe that the evidence that is beginning to emerge in the responses from other interested parties (not just Camelot) to the multi-operator approach suggest that the only support for this idea lies within the NLC, and we think it is an idea that has not been thought through. We think it leaves a much greater degree of discretion to the regulator than Parliament has ever offered before. It is an idea that simply will not work. It will fall apart in the execution. It is a very, very high risk strategy for Parliament, in my view, to effect something that everyone is convinced will not work to the discretion of the regulator, and ultimately have the effect of making the regulator the de facto operator of the Lottery because of the conflicts it will set up between the operators. It is an absolutely disastrous idea.

  Q1268  Jeff Ennis: How do you think it should be regulated?

  Mr Grade: The single model has operated efficiently and effectively. It has always produced competition in the past. As Dianne has explained, the incumbency advantages have been removed in the second licence to smooth the transition from the second licence to the third licence. By far the most attractive proposition for people getting interested in bidding for the National Lottery is the single operator option.

  Q1269  Jeff Ennis: Do you think that the National Lottery is the most appropriate?

  Mr Grade: I think it will depend entirely on what the shape of the third licence is likely to be through the process of this Committee and so on, and when we see the clauses and when we see the ultimate Bill. If we are going to be stuck with this multi-operator approach I have to say I do not think either the Gaming Commission or the NLC is the appropriate body to regulate and be the de facto operators of the Lottery. I think it is going to take a very, very serious re-examination if you are going to go the multi-operator approach. If you stick with the single operator approach by and large, after many, many debates internally at Camelot, we see no reason not to have the NLC; but at the end of the day we will live with whatever Parliament decides is the most efficient and effective way to maintain returns to good causes in the future.

  Q1270  Jeff Ennis: Could I ask a supplementary to an earlier question from Lord Wade that betting companies are not allowed to take bets on the National Lottery, but they do take bets on the Irish Lottery I was just wondering what amount of seepage we had from the good causes because of the fact that bookmakers can take bets on the Irish Lottery?

  Ms Thompson: I am not sure we can answer what the total impact on the UK Lottery is. What I can tell you is that side-bets being taken on the Irish Lottery caused the Irish Lottery sales to fall by 20 per cent; which is one of the reasons why we fought so hard to try to prevent side-betting with the UK National Lottery. It is difficult to tell how much the Irish side-betting has actually impacted; I am sure it is impacting some. To be frank, if you look at our player base—and no doubt we will get on to the areas of excess play and all those sorts of things in a moment—70 per cent of our players actually do not bet on anything else, not even a flutter on the Grand National, and they would be mortified to think of themselves as gamblers; they see it as a harmless flutter and the standard quote is that "It is a pound to dream". It is the remaining 30 per cent of our market where the competitive environment we are in is actually impacting the National Lottery and is very difficult to quantify.

  Mr Smith: As part of the submission in response to the Budd Report we commissioned reports from PricewaterhouseCoopers and from the Henley Centre. On the issue of side- betting both of them independently estimate that the loss to good causes would be of the order of magnitude of some £400 million during the course of the licence.

  Q1271  Jeff Ennis: Do you think there is a case to be made to abandon all side-betting on all lotteries in this country?

  Mr Grade: I do not think we want to interfere with something that is popular with a certain part of the public. It is an established form of betting for people who like a particular niche gamble. I do not think we should be in the business of arguing against something that is not materially affecting returns to good causes.

  Q1272  Lord Brooke of Sutton Mandeville: Is my recollection correct that the last National Lottery in this country, before the present one, came to an end in 1826 because of corruption in the secondary market rather than the primary market?

  Mr Grade: I think that is correct!

  Q1273  Lord Donoughue of Ashton: You said that if Parliament and the Government decide that the Lottery Commission continues as the Regulator you can live with that, could you equally live with it if it decided that the new Gambling Commission should be the Regulator?

  Mr Grade: Yes, we would have to.

  Q1274  Lord Donoughue of Ashton: I know you have to but do you have any preference between those two?

  Mr Grade: If we are talking about a single operator I think we would prefer to leave things as they are. However, what we would like to see is perhaps the Chairman of the NLC sitting ex officio on the new Gaming Commission just to be present and to argue the case where there is conflict between non-Lottery and the other gaming products. It is very, very important that if we do have separate regulators that the interests of the good causes are properly represented in a way that is defined by statute in the Gaming Commission.

  Lord Donoughue of Ashton: Thank you.

  Q1275  Chairman: How would you feel if the Gambling Commission assumed responsibility for the social responsibility issues and the National Lottery Commission carried on doing everything else?

  Mr Grade: We would have to work with it.

  Q1276  Chairman: It would get round this conflict, would it not?

  Mr Grade: I am not sure that it would, Chairman, I am not entirely certain that it would. I am not sure that as a principle any single organisation facing two regulators, where inevitably there is some blurring of the boundary between responsibility, would. It is difficult enough having to deal with a single regulator who only has one client in Camelot—correctly so for the right reasons—to ensure that when the Lottery was established it was terribly important that Parliament recognised that the probity and the integrity of the Lottery was paramount and the single regulatory structure of the NLC has carried that duty out with tremendous success and are to be applauded for that. Anything that blurs the lines between competing regulators regulating one business could be a recipe for conflict.

  Q1277  Mr Meale: Going back to the answer you gave to my colleague Jeff Ennis that you were not really concerned with interference with Eire, the Irish Republic, and their Lottery, surely it is not the same case with other lotteries that land on people's doorsteps or are advertised elsewhere in this country where there are a lot of people being misled on things like false lotteries from Canada and lotteries from South Africa and Spain, and so on. Are you maintaining your strict opposition of such measures?

  Mr Grade: Absolutely. There is a tremendous amount of marketing and expertise which goes behind the public's general trust in the National Lottery, and that has to be preserved, and we would want to distance ourselves by any means possible from those who wish to exploit the vulnerable with shady products.

  Q1278  Mr Meale: In terms of your approach towards the Irish Lottery is that not the same, is that not the start of a process which may then worsen?

  Mr Grade: If it is going to be a growing problem and is going to materially dilute the returns to good causes then obviously we would make representations through our Regulator to Parliament to say this is what is happening, are you prepared to live with the consequences of this or do you wish to stop it? At the moment we would not want to be in a position of standing in the way of competition where it does not materially affect the return to good causes.

  Q1279  Baroness Golding: On that subject, I have asked a number of times for evidence on the effects of side betting on the National Lottery, at least three times, and I have been promised it three times and I have never had it. I wonder if at some point it could be sent to us?

  Ms Thompson: I do apologise. We will make sure that you get that.

  Mr Grade: Whatever we have you will have.


 
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