Thursday, 8 March 2018
Department of Public Expenditure and Reform
National Lottery Funding Data
91. To ask the Minister for Public Expenditure and Reform if the regulator of the national lottery has issued a code of practice and or guidelines to lottery agents in respect of the way in which they market and display the lottery in and outside their premises; if the regulator has issued sanctions or penalties to agents in breach of guidelines; the number of agents found to have sold lotto tickets to persons under legal gambling age; if the authority of the regulator extends to online lottery advertising and marketing; and if he will make a statement on the matter. [11204/18]
92. To ask the Minister for Public Expenditure and Reform the way in which the national lottery manages its unclaimed prizes fund; if marketing campaigns are paid for or part paid for from that fund; and if he will make a statement on the matter. [11207/18]
93. To ask the Minister for Public Expenditure and Reform the number of agents that were granted permission to sell national lottery tickets from 2014 to date in 2018; if a cap exists on the number of agents that can sell lotto tickets; and if he will make a statement on the matter. [11210/18]
I propose to take Questions Nos. 91 to 93, inclusive, together.
I am advised by the Office of the National Lottery Regulator as follows:
The Regulator of the National Lottery does not directly regulate the activities of lottery agents; lottery agents are selected, appointed and sanctioned by the Operator.
The licence to operate the National Lottery requires that the Operator must prepare codes of practice and submit them to the Regulator for approval. The codes of practice which are relevant to the marketing and display of the National Lottery in and outside National Lottery agents’ premises are the Sales Code of Practice and the Advertising and Promotion Code of Practice. A copy of the codes can be found on the Regulator’s website.
Under the terms of their appointment, lottery agents are required to comply with the provisions of the above codes as they relate to their activities and the Operator provides lottery agents with guidelines regarding best practice relating to the point of sale placement and display of materials. Under the Sales Code, the Operator is responsible for monitoring lottery agents’ compliance with their obligations and the Operator, not the Regulator, is responsible for issuing any sanctions or penalties to lottery agents.
No lottery agents have been found to have sold National Lottery tickets to persons under 18. The sale, or offer for sale, of a ticket to a minor is a criminal offence under section 42(9) of the National Lottery Act 2013.
The Regulator does regulate the advertising and marketing of the National Lottery by the Operator, including advertising and marketing online. The Advertising and Promotion Code of Practice contains numerous standards designed to maintain the integrity and sustainability of the National Lottery whilst protecting players’ interests.
In regard to unclaimed prizes, Clause 6.9.2 of the Licence provides that any expired Unclaimed Prizes shall be forfeited in favour of the Licensee, provided that such Expired Unclaimed Prizes shall be used: solely for the promotion of the National Lottery and/or the Lottery Games (excluding Base Marketing), in a manner determined by the Licensee, which shall include the funding of special draws and additional or top-up prizes; and which may include Incremental Marketing and advertising of the National Lottery and/or Lottery Games; or such other activities to promote the National Lottery and/or Lottery Games as specifically agreed in writing with the Regulator from time to time; and no later than within three hundred and sixty five (365) days from the day on which they were forfeited in favour of the Licensee.
The Licence is available to read on the website of the Regulator of the National Lottery:
As of Tuesday 6th March, the number of authorised retail outlets is 5,790. This represents an increase of 2,090 outlets since the start of the Licence in 2014 and the 3,700 minimum number of agents that the Licence requires the Operator to have.
Section 42(1)(b) of the National Lottery Act 2013 provides that the Licence must set out a minimum number of agents. Neither the Act nor the Licence impose a maximum number.