Although this may be coincidental, the note comes at a time when observers are wondering what the Commission's position is on such competitions, given that the Wilshaws appear to have been given the green light after months of uncertainty. Given the relatively simple structure of that competition, which required players to answer a single question before purchasing a ticket, doubts remain as to the reasons that drove the Commission to approve the competition.

In the paper, the Commission makes the point of clarifying that it is not its role to approve house competitions: "In some cases, we have become aware that the organisers of some house competitions claim to have received 'approval from the Gambling Commission'. This is not correct. The Commission does not, in any circumstances, approve house competitions." Competition organisers are also recommended to contact HMRC for advice on potential tax liabilities in the UK.

It goes on to clarify that the Commission contacted a large number of competition organiers in recent months: "In practice, the Commission has written to over 50 organisers of house competitions and the majority appear to have had significant difficulty in satisfying themselves that their house competition is legal."

While the note doesn't refer to any competitions in particular, the Commission does say that it has investigated one house competition as an illegal lottery: "Where the Commission considers that a scheme is an illegal lottery, a criminal investigation is likely to be commenced. This has already happened in one case."

However, the note suggests that a number of factors are taken into account when deciding how to proceed with such matters in court: "At the conclusion of an investigation the Commission will decide whether to proceed with a prosecution and, in doing so, will have regard to the public interest and the Code for Crown Prosecutions. This means that a prosecution will not be pursued unless there is a realistic prospect of conviction and if it is considered to be in the public interest." Some observers suggest this could confirm rumours that misleading advice was given to the Wilshaws by the Commission when they organised their competition, making it difficult to prosecute.

Importantly, the note ends by warning competition organisers that each case is considered seperately: "The circumstances in every case are different and a decision over prosecution in one case will not necessarily set a precedent for others." Whether or not this is designed to warn competition organisers against assuming that they can now go ahead with a similar model as the Oldborough Retreat competition remains to be seen.

Click here to read the full note published on the Gambling Commission website. Does this paper help clarify better the Commission's position in your view, particularly vis-à-vis the Oldborough Retreat competition? Let us know what you think!

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Puzzled

I don't think this helps very much... Still unclear what exactly is or isn't a legal house competition in the GC's eyes. But I guess what they're saying is they'll not tell us and it's up to us to get it right? Seems pretty obvious to me that they couldn't prosecute the Wilshaws because of this bad advice even though they probably wanted to... I'm glad it all turned out ok for the Wilshaws good on them

Janet , 20 May 2009

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I think it is time the Commission got off the fence and issued licences for these competitions, Then the public would have more confidence in taking part and house owners would not have to mess about with unnecessary hurdles for entrants, even Revenue would be guaranteed a lift on the outcome, PEOPLE RAFFLING HOUSES ARE NOT CRIMINALS

Punter , 21 May 2009

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