The Alderney Gambling Control Commission is responsible for monitoring the activities of licensees and certificate holders to ensure the integrity of the conduct of authorised eGambling games. Licensees must conduct and manage the games in accordance with the legislation of Alderney, which provides, among other things, that:
- A licensee may only use approved eGambling equipment
- A licensee may only permit persons to play if they are registered
- A licensee may not permit a person under the age of 18 years of age to play
- A licensees shall deal with customer funds only as set out in Regulations 228-234;
- Before a registered customer is permitted to play a gambling game, the licensee shall make available to the customer the rules pertaining to the game
- A licensee must at all times adhere to the limits set by the customer on his/ her gambling activity
Should you believe a licensee has breached one of the above provisions, you are advised before you lodge a formal complaint with the Commission, to bring it to the attention of the licensee with whom you have registered and played.
However, should you not be satisfied with the manner in which the licensee has dealt with your complaint, Regulation 238 provides for a registered customer of an Alderney licensee to lodge a formal complaint to the Commission.
Following the lodging of a formal complaint in writing to the Commission, the following steps will be followed in handling the complaint:
Step 1: An officer of the Commission shall, by establishing contact with the licensee or, as the case may be, an associate of the licensee and the complainant, attempt to resolve by agreement between the customer and the licensee or associate any dispute between them on which the complaint is based.
Step 2: Where the procedure set out in Step 1 is unsuccessful, the Executive Director of the Commission shall cause a full investigation of the complaint to be carried out by an officer of the Commission and, after consideration of a report about the complaint and the investigation thereof, he-
- shall make a preliminary determination of the matter in dispute between the customer and the eGambling licensee; and
- give written notice of that determination and the reasons for it to the customer and the licensee, at the same time asking them whether each accepts his determination.
Step 3: Where both the customer and the eGambling licensee accept the preliminary determination of the Executive Director, his determination shall be treated as final.
Step 4: Where one or both of the recipients of the Executive Director’s preliminary determination do not accept it, the complaint shall be referred to the Commissioners for hearing in accordance with Regulation 239.
Where a complaint by a customer has been referred to the Commissioners for determination in accordance with Regulation 238(6)-
- by giving at least 14 days’ notice, a date, time and place for the hearing shall be notified by the Commission to the customer and the eGambling licensee;
- the complainant may elect to confine himself to making any written representations he wishes or may attend the hearing in person or through any representative; and
- the eGambling licensee may elect to confine itself to making any written representations it wishes or may attend the hearing through any representative.
At a hearing under Regulation 239-
- if the complainant attends, he shall make his representations first;
- a duly authorised officer of the Commission, in person or through any representative, shall present his report about the investigation of the complaint and shall be permitted to ask questions of any attendee;
- if the eGambling licensee attends, he shall make his representations in response to the complaint after the conclusion of the officer’s presentation; and
- questions may be asked at any time by the Commissioners.
Unless the Commissioners otherwise direct, a hearing under this Regulation shall be held in public in Alderney.
DETERMINATION OF COMPLAINT
At the conclusion of a hearing in accordance with Regulation 239, after taking into account everything said and lodged by, or on behalf of, the parties, the Commissioners shall determine-
- whether the customer’s complaint has been established in full or in part;
- what steps, if any, to take in relation to the eGambling licensee in accordance with other provisions of these Regulations; and
- whether to make any order about payment of the costs incurred by the Commission or, as the case may be, the customer making the complaint or the eGambling licensee.
In a case where the customer has attended before the Commissioners and they determine that his complaint was vexatious or frivolous or manifestly ill-founded, they may direct the customer to pay-
- a contribution towards the expenses incurred by the Commission in determining the complaint; and
- if sought by the eGambling licensee, a contribution to its costs incurred in appearing before the Commissioners.
Where the Commissioners determine that the customer’s complaint has been established in full or in part, they may direct-
- as part of the resolution of the dispute between the customer and the eGambling licensee, that the licensee compensates the customer for all or some of the costs he has incurred in making and pursuing his complaint; and
- that the licensee make a contribution towards the expenses incurred by the Commission in determining the complaint.
The Commission shall give the customer making the complaint and the eGambling licensee written notice of its decision under this regulation and of the reasons for it.