The Commission needs to be satisfied that licensees are suitable to hold a licence and undertake the activities for which they are licensed. In assessing suitability, the Commission will look at the suitability of the applicant and those individuals relevant to the application. Relevant individuals include: officers of the company; senior management; shareholders; associates, and any other individual connected with the applicant or who may influence or benefit from the activities or services provided under the licence.
The Commission will take a number of factors into consideration whilst processing your application and determining suitability including:
- identity and ownership– The identity of the applicant and any individual(s) relevant to the application will be established and verified using appropriate official documentation. The ownership of a corporate applicant will be investigated, and all major shareholders identified. The Commission will check company and director records to.
- integrity– The reputation, honesty and trustworthiness of the applicant and/or individual(s) relevant to the applicant and/or associated companies will be assessed using a variety of means. The Commission will consider whether the information it collects raises any concerns about integrity. This includes an assessment of an applicant’s criminal record, and any past involvement in civil or regulatory investigations or proceedings. We will also consider the manner in which the applicant has conducted their business with specific regard to the provision of gambling services in other jurisdictions. In addition, the Commission will also consider the evidence and findings of any complaints about the applicant and/or investigations by other regulators, and we will investigate any history of business failure.
- finances– The financial condition, stability and strength of the applicant as well as their financial resources and the integrity of any source of funds will be considered to ensure that the licensing objectives will not be put at risk. The past and present financial circumstances of the applicant and any person(s) relevant to the application will be investigated to ensure that sufficient resources are in place to carry out the licensed activities. Additionally, the Commission will ask for accounts from existing businesses and associated companies. Our focus is on assessing the source of funding and the resources likely to be available to enable a licensee to conduct the licensed activities.
- competence– Whether the applicant has the technical capability to provide junket operator services will be taken into consideration. This includes the applicant’s track record of compliance with the legal and regulatory requirements of any jurisdiction where it may hold a junket operator licence/permit or approval. The Commission may also take up references and may review the CVs of relevant persons to assess their work experience and the training they have received which demonstrates their competence to carry out the role required of them.
- criminality– The criminal record of the applicant and/or individual(s) relevant to the application will be considered. Any prior offences committed by the applicant and any individual(s) relevant to the application will be taken into account when assessing an application for a junket operator licence. Any previous offences do not mean that the application will automatically be refused. Each case will be considered on its individual merits, and consideration will be given to the seriousness, relevance and date of the conviction. In evaluating the seriousness and relevance of an offence, the Commission’s assessment will focus on whether the conviction has a potential bearing on suitability to hold a licence and will have regard to safeguarding the licensing objectives and the public interest.
In assessing suitability, the Commission will use both the information and supporting documentation provided by the applicant as part of the application and information available from other sources (for example, open source, government departments, overseas regulators).
The Commission will carry out the investigations and enquiries it considers necessary to enable it to consider the application properly and in particular, the Commission may:
- carry out an investigation of the applicant in relation to the person’s suitability to be a junket operator
- carry out an investigation of any person who may be an associate or who has a business association with the applicant or any other person who is connected with the ownership, administration or management of the operations or the business of the applicant
- require the applicant or any person, referred to in (b), to provide such information and produce such records relevant to the investigation of the application
- require the applicant or any person, referred to in (b) to consent to having his photograph, and with the collaboration of the police, fingerprints and palm prints taken, and
- send a copy of the application and any such photograph, fingerprints and palm prints taken to the police, who will investigate and report to the Commission on such matters as the Commission requests.
For every application, the Commission may:
- grant a licence
- grant a licence subject to conditions required by the Commission
- refuse a licence where there are reasons to do so.