# Achieving regulatory compliance in lottery operations

- Link: https://fundraising.co.uk/2016/06/14/achieving-regulatory-compliance-lottery-operations/
- Published: 2016-06-14T10:47:33+01:00
- Author: Howard Lake

**Anyone who has ever ventured near the task of fundraising with a lottery will 
be more than aware of the frightening degree of complexity that the law applies 
to this process.**

 

This has become if anything, more difficult since the Gambling Act of 2005 came 
into force, when lotteries were swept into the realm of “gambling”, like it or not
and to a large extent governed by the same or similar regulations which apply to
casinos and betting shops.

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Larger lotteries (£20,000 ticket sales per draw or £250,000 for a full year) require
a licence from the [Gambling Commission](http://www.gamblingcommission.gov.uk/),
which unlike the old Gaming Board has a very pro-active role in holding licensees
to account in respect of the three principles of the Gambling Act: Protecting the
young & vulnerable; keeping gambling crime-free and ensuring fairness. In practice
this means that licence holders are subject to potential sanctions for infringements
of the licence codes and conditions, including licence suspension, revocation and
fines. Not to mention the adverse reputational impact which any of those penalties
would entail.

 

## Lotteries for non-commercial purposes

 

One of the major considerations which give most cause for concern is the requirement
to achieve a minimum 20% return to the good cause. This stipulation arises from 
the essence that lotteries must be established for non-commercial purposes, that
is to say not for personal or commercial gain.

 

Though many lotteries easily surpass this level (**the average is 42%**) and some
achieve over 70%, for new programmes with few previous lottery supporters, it can
be a serious challenge. The threshold figure also has to be attained purely from
ticket sales value too; incidental donations do not count.

 

## Planning and budgeting

 

Coping with this means dealing yourself a good hand at the start. Any lottery needs
planning in advance (and indeed you need to set out your plans and budget for approval
from the Gambling Commission before anything is committed) and this includes thinking
about costs and objectives.

 

Don’t fall into the common trap of chucking every conceivable expense into your 
lottery: staff who work on fundraising, but not in the lottery project are not a
valid cost for example. Similarly if you are mailing tickets, think about what other
material is in the pack. If it doesn’t directly relate to lottery ticket sales the
cost should be excluded from the return calculation.

 

Going back to those gambling act principles; you need to think carefully about how
you’re going to achieve compliance. That means setting out detailed policies, reviewing
them regularly (at least once a year) and evidencing the same with dates and version
numbers. Remember too that staff need to be trained in the policies which you’ve
created, with evidence of the process. Stay compliant and raise funds!

 

 

 

_Image: [Lottery balls](http://www.shutterstock.com/pic-98905280.html) – 3dfoto 
on Shutterstock.com_

 * **[Society lotteries raise record £208 million raised for good causes in 2015/16](https://fundraising.co.uk/2017/01/03/society-lotteries-raise-record-208m-raised-good-causes-201516/)**(
   3 January 2017)
 * **[New Welsh lottery to donate £5 million to good causes over next five years](https://fundraising.co.uk/2017/04/07/new-welsh-lottery-donate-5m-good-causes-next-five-years/)**(
   7 April 2017)
 * **[Your Hospice Lottery celebrates raising £8 million](https://fundraising.co.uk/2017/08/07/hospice-lottery-celebrates-raising-8-million/)**(
   7 August 2017)

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