Consultation outcome

Government response to the consultation on the minimum age to play National Lottery games

Updated 8 December 2020

Ministerial Foreword

I was delighted to be appointed Minister for Sport, Tourism and Heritage by the Prime Minister earlier this year, including responsibility for the National Lottery - a true national treasure.

Last autumn, we celebrated the National Lottery’s 25th birthday, with events across the UK highlighting the impact the National Lottery has had. It has raised an extraordinary £42 billion for good causes, and has become part of the very fabric of life in the United Kingdom.

From the outset, the National Lottery was designed to be different to commercial gambling - a low-risk product, played little and often by many people to raise money for good causes. While that vision has stayed the same, we have seen significant changes to the National Lottery - both in the portfolio of games and in technology.

The National Lottery etc. Act 1993 placed a joint responsibility on the Secretary of State and the Gambling Commission to protect the interests of all National Lottery players. With the changes which we have seen over the years, and the bidding process for the fourth National Lottery licence competition in sight, it was the right time to consider whether the minimum age for playing the National Lottery - 16 - remained appropriate.

To that end, a consultation was held between July and October 2019. We had written responses from Lottery operators, retail trade associations, The Lotteries Council, a local authority, the National Lottery Forum (representing distributors) and members of the public.

Respondents to the consultation favoured an increase to the minimum age, a view that has been supported by recommendations from recent inquiries by the Public Accounts Committee, the All-Party Parliamentary Group into Gambling Related Harm, and the Lords Select Committee on the Social and Economic Impact of the Gambling Industry.

The government already has a strong player protection framework for National Lottery products, and data has consistently shown that problem gambling rates for National Lottery draw-based games and scratchcards are lower than all commercial gambling activities surveyed. However, some emerging evidence is showing a possible association between recall of playing National Lottery products at the ages of 16 and 17 and problematic gambling, particularly for instant win games such as scratchcards.

We also heard representations from retail organisations, which were clear that a consistent age limit across all National Lottery games would be easier to administer than introducing different age limits for different games, and would reduce the potential for confusion among customers.

The UK is one of the few jurisdictions across the world which allows lottery play at 16. The vast majority of comparable countries have a minimum age to play lotteries of 18. Only Austria, Estonia and Switzerland also allow play at 16. Of those, Austria and Switzerland limit play at 16 to retail environments and have a minimum age of 18 for online participation. Only the UK and Estonia allow play at 16 for all products and across all sales channels. Across government, the minimum age to participate in activities which bring a risk of harm (such as commercial gambling, drinking alcohol and smoking tobacco) is 18.

The safety of children and young people is paramount. Given the emerging evidence, the international comparisons and public opinion, I have therefore decided to take a precautionary approach and raise the minimum age of sale for all National Lottery products to 18. I am keen to make this change quickly, while being acutely aware of the need to give retailers and the operator the time they need to ensure a smooth transition. The legislative change will therefore come into force on 1 October 2021 - the second Common Commencement Date next year - rather than at the start of the next licence period in 2023, to protect young people while ensuring that the change is implemented successfully and reducing the impact on business. We will work with the Gambling Commission and Camelot to ensure a smooth and speedy implementation, acting sooner where possible. Under current plans, online sales to 16 and 17 year olds will stop in April 2021.

Given this decision, I believe that proper consideration needs to be given to the question of parity of minimum age between the National Lottery and society lotteries, which are also currently available to 16 and 17 year olds. I will consider this during the Gambling Act Review, to ensure that our wider policy on legal gambling by children and young people is coherent.

Many thanks to everybody who responded to this consultation.

Nigel Huddleston MP
Parliamentary Under-Secretary of State for Sport, Tourism and Heritage

1. Executive Summary

1.1. The government has three statutory duties in relation to the National Lottery, which are shared with the Gambling Commission. These are: to ensure the interests of all players are protected; to ensure the National Lottery is run with all due propriety; and, subject to these, to ensure that returns to good causes are maximised.

1.2. The age of 18 is widely recognised as the age at which one becomes an adult. At 18, people gain full citizenship rights and responsibilities, and are trusted to participate in activities which carry risks of harm, such as drinking alcohol, smoking tobacco and commercial gambling.

1.3. Lottery games can be split into two types: draw-based games (such as Lotto and EuroMillions) and instant-win games (such as scratchcards and online instant win games). While the two types have different characteristics and slightly different risk profiles, both have historically been considered low risk types of products. According to the latest combined Health Survey, National Lottery draw-based games have a problem gambling prevalence rate of 1.0%, with scratchcards at 1.8% - both lower than all the commercial gambling products surveyed. ^{[footnote 1]} Both types of game are designed to be played “little and often”, with limited opportunity to play excessively. They also provide billions of pounds in returns to good causes.

1.4. Currently, the default minimum age to play both types of lottery games is 16. This exception recognises the different characteristics of lottery products and associated low risk of harm.

1.5. Similar exceptions are made for other lower risk gambling products, such as crane grab machines (which can be played at any age).

1.6. The minimum age for playing both types of National Lottery game has remained unchanged since it was launched in 1994. However, we have seen significant changes to the games portfolio since then - and, 25 years on, the government felt it was the right time to consider whether the minimum age remained appropriate. On that basis, the government committed to reviewing the minimum age to play the National Lottery in its response to the 2018 Gambling Review. ^{[footnote 2]}

1.7. A public consultation took place to that end in 2019. The consultation had three options:

1. Retain the minimum age to play National Lottery games at 16.

2. Increase the minimum age to 18 for instant win games only (because they have a slightly higher risk profile than draw-based games).

3. Raise the minimum age to 18 for all National Lottery products.

1.8. The government did not have a preferred option but suggested that - based on the evidence available at the time - Option 2 might be the best fit.

1.9. Retailer bodies and lottery operators were clear in their written consultation responses that having different minimum ages for draw-based games and instant-win games would be difficult to implement and administer, and could potentially cause confusion among customers. For those reasons, we discounted the option of a split approach.

1.10. Two options therefore remained: to retain the minimum age at 16, or increase it to 18.

1.11. As we set out in the consultation document, lottery products have consistently had the lowest prevalence rates of problem gambling in the Gambling Commission’s combined Health Survey, and the number of 16 and 17 year olds playing the National Lottery is low. According to data provided by the Gambling Commission, in the 2019/20 financial year 16 and 17 year olds made up 0.4% of draw-based game ‘regular players’^{[footnote 3]} and 1.1% of scratchcard ‘regular players’ (16-17 year olds made up c. 2.6% of people aged 16 or over in mid-2019).^{[footnote 4]}

1.12. While retailers surveyed by the Association of Convenience Stores showed a slight preference for maintaining the age limit at 16, most other consultation respondents favoured an increase to the minimum age. This aligns with a 2018 Gambling Commission survey which showed that the majority of respondents favoured a minimum age of 18.

1.13. In addition, while we do not have compelling evidence of a causal link between National Lottery play and gambling-related harm, some evidence has shown a correlation. Qualitative research undertaken by the Gambling Commission found evidence of 16 and 17 year olds playing scratchcards problematically. A recent study by the University of East London, Warwick University and CQUniversity in Australia^{[footnote 5]} suggested an association between recall of legally playing National Lottery games (particularly instant win games) at 16 and 17 and the likelihood of problem gambling as an adult.

1.14. The safety of children and young people is of paramount importance to this government. Given the emerging evidence, the international picture, the views of the public and the importance of protecting children from gambling-related harm, we intend to increase the minimum age of sale for National Lottery products to 18. As is the case for other age-limited products, we will increase the minimum age to sell National Lottery products accordingly. This will bring the National Lottery in line with the minimum age for participating in the majority of other gambling products, as well as the current age limit for lotteries in the vast majority of similar jurisdictions around the world.

1.15. Protecting young people from harm is of paramount importance. Retailers and the operator also need sufficient time to ensure a smooth and orderly transition. The legislative change will therefore come into force on 1 October 2021 - the second Common Commencement Date next year - to ensure that the change is implemented quickly and successfully while reducing the impact on businesses. We will work with the Gambling Commission and Camelot to ensure a smooth and speedy implementation, acting sooner where possible. Under current plans, online sales to 16 and 17 year olds will stop in April 2021.

1.16. As noted in the consultation, the government takes the view that proper consideration needs to be given to the question of parity of the minimum age between the National Lottery and society lotteries. During the Gambling Act Review we will therefore also consider - in consultation with industry - the minimum age to play society lotteries, which are currently available to under 18s, to ensure that our wider policy on legal gambling by children and young people is coherent.

2. Introduction

2.1. The National Lottery was established under the National Lottery etc. Act 1993 to raise funds for good causes (including heritage, arts, sport and communities), and fund projects that would not normally attract government funding. The vision and continued model of the National Lottery has always been to encourage lots of people to participate but to individually spend relatively small amounts. Since the launch of the National Lottery in November 1994, it has raised over £42 billion for good causes. ^{[footnote 6]}

2.2. The government shares three statutory duties in relation to the National Lottery with the Gambling Commission. These are:

• to ensure the Lottery is run with all due propriety
• to ensure the interests of participants are protected
• subject to these, to ensure that returns to good causes are maximised

2.3. Most products which carry a risk of harm - such as alcohol, tobacco and most commercial gambling - require the participant to be 18 or over. However, the National Lottery was designed to be different to commercial gambling, with lower risk products, widespread availability in general retail premises, and a primary focus on generating income for good causes. Given that it was a lower risk product, the government at the time decided that the minimum age to play the National Lottery should be 16, in line with society lotteries, rather than 18. That has remained the case since the National Lottery’s launch in 1994.

2.4. The minimum age of 16 applies to all games in the National Lottery portfolio. That portfolio has changed over the years. After starting out as a single weekly draw, the National Lottery now has multiple draw-based games (Lotto, EuroMillions, Thunderball and the new Set for Life), scratchcards (added soon after its launch in 1995) and interactive instant win games (added in 2003).

2.5. Given those changes to the games portfolio, and the changes in technology which we have seen over the years, the government decided to consider whether the minimum age to play National Lottery games remained appropriate. In its response to the Gambling Review 2018, the government committed to review the minimum age that applies to the National Lottery as part of its work on the fourth National Lottery licence.

2.6. To that end, a public consultation on the minimum age for playing National Lottery games ran from July to October 2019. The consultation asked four questions based on the following objectives:

1. To ensure that young people are protected from the potential risks of gambling related harm.

2. To maintain the National Lottery’s special status as a low-risk product and distinct from commercial gambling, to ensure that it remains attractive to the player base and continues to support good causes in the future.

3. To respond to trends in technology and player behaviour and future proof the National Lottery for the life of the next licence.

4. To ensure that there is a clear position regarding the minimum age to play National Lottery games for the upcoming bidding process for the fourth National Lottery licence competition.

2.7. The consultation presented three options:

1. Do nothing, retain the minimum age of 16 for all National Lottery games.

2. Raise the minimum age to 18 for National Lottery instant win games (i.e. scratchcards and online instant win games).

3. Raise the minimum age to 18 for all National Lottery games.

Although we did not express a preference, Option 2 was viewed as possibly the best fit.

3. Responses

Summary of respondents

3.1. The government received 64 responses in total, of which 54 were online survey responses and 10 were written responses received via letter or email. These figures exclude blank or duplicate responses. Table 1 below summarizes the responses received:

Table 1: Summary of consultation responses

Response	Individual	Organisation
Online	37	17
Written	2	8
Total	39	25

3.2. Named respondents included Lottery operators, retail trade associations, The Lotteries Council, a local authority, The National Lottery Forum. A list of named organisations who responded can be found at Annex 1.

3.3. Survey questions were of a quantitative nature. Limited weight can be attached to the data collected because of the small number of respondents. As the survey was self-selected, the results are not representative of the general population. Consequently, much of the following analysis is based on the written responses.

Overall support for change from respondents

3.4. Out of the 64 responses (from individuals and organisations), 41 supported increasing the minimum age for the National Lottery to 18, nine (of which eight were individuals) supported keeping the minimum age at 16, and two stated that there should be no split in the age limit to play National Lottery games.

3.5. The response from the Association of Convenience Stores (ACS) response highlighted their survey of 1,174 independent convenience retailers. The survey found that 38% of retailers supported the retention of the National Lottery minimum age at 16 for both instant-win and draw-based games, 34% supported an increase to 18 for both types, and 24% had no opinion (Figure 1 below).

National Lottery participation by under 18s

3.6. Respondents noted that few 16-17 year olds play National Lottery games.

3.7. Respondents from retail organisations and Camelot provided evidence showing that rates of compliance with the existing minimum age of 16 was high. That suggests raising the minimum age to 18 is unlikely to have an impact on the issue of tackling underage play, which is already not a widespread issue.

3.8. One retail representative organisation noted that an increase in the minimum age may trigger an increase in “proxy purchasing” - i.e. people over the minimum age purchasing National Lottery products for people under the new minimum age.

Risk of under 18s experiencing harm by playing National Lottery products

3.9. There was much agreement among written respondents that there was limited evidence currently available that under 18s were at a significant risk of experiencing harm as a result of playing National Lottery products.

3.10. One respondent noted that instant-win games were associated with higher rates of problem gambling than draw-based games, and felt that it should have a higher minimum age to reflect that. One respondent noted evidence that young people engaging in risky behaviours in childhood were more likely to face addiction issues in adulthood.

Implementing changes to the minimum age to play National Lottery games

3.11. Respondents from retail organisations and the current National Lottery operator felt that, regardless of whether it is set at 16 or 18, the minimum age should be the same for both draw-based games and instant-win games. They said that this would make it more straightforward to train staff and communicate any changes to customers.

3.12. Respondents highlighted a number of transition costs which would be incurred if the minimum age were changed. Camelot (the current National lottery operator) reported that, regardless of whether the minimum age is different for draw-based and instant-win games or not, the cost to them would be approximately £4m-£4.5m (at 2019 prices). That assessment assumed that the new minimum age would come into force at the same time as the fourth National Lottery licence, and that scratchcards with old markings would be allowed to “sell through” the system, which could take approximately 12 months.

3.13. Most respondents agreed that changing the minimum age at the same time as the implementation of the fourth National Lottery license would give all concerned stakeholders the time needed to make the changes. Camelot said that they would need to begin work in November 2021 in order to make the changes by February 2023; starting the work later (i.e. giving less time to implement) would increase costs. The ACS said that 12 months’ notice would give enough time to ensure that staff were trained and systems were changed.

3.14. Camelot also highlighted the returns to good causes which could be lost by increasing the minimum age. Total returns to good causes from sales to 16-17 year olds in 2019/20 were c. £6m, according to data provided by the Gambling Commission (approximately 0.4% of the total raised in 19/20).

Other considerations

3.15. Lottery operators broadly agreed that the minimum age should be the same for the National Lottery and society lotteries.

3.16. One society lottery operator was concerned that parity of minimum age with other forms of gambling could trigger a move towards tighter regulation of lotteries, in line with how the government regulates other gambling products. They were concerned that this would not reflect the difference in risk of harm and the contribution to good causes which lotteries make.

4. Discussion

4.1. A key message that came through clearly in written consultation responses from Camelot, society lottery operators and retail organisations was that there should be parity of minimum ages within the portfolio of National Lottery products. Respondents raised concerns around the challenges a split minimum age would pose on implementation, operational difficulties, and scope for customer confusion. We found these arguments compelling and therefore discounted the split approach, presented as option b in the original consultation.

4.2. We were then left with two options - to retain the minimum age at 16, or to increase it to 18 for all National Lottery products. In order to consider the relative merits of each option, we considered information about gambling related harms, recent parliamentary inquiries, public opinion, the international context, and evidence on financial impacts.

Gambling-related harms

4.3. National Lottery products have been sold to 16 and 17 year olds for over 25 years. We looked for evidence on gambling-related harms for 16 and 17 year olds who participate in National Lottery games to see if there was a significant impact on this age group, and whether that has changed over time.

4.4. Figures from NHS Health Surveys, with additional analysis by the Gambling Commission, show National Lottery products have a low and stable association with problem gambling on a population level. In the latest release from 2018, these were 1.0% of players for draw-based games and 1.8% of players for scratchcards. ^{[footnote 7]}

4.5. In addition, the NHS has recently published supplementary analysis of problem gambling prevalence associated with participation in different numbers of gambling activities. For those aged over 16 who participate in only one type of activity, the problem gambling rate is very low at 0.2%. ^{[footnote 8]} Very few gambling activities are legally available to 16-17 year olds.

4.6. We have not seen compelling evidence to demonstrate a causal link between National Lottery play at 16 and 17 and gambling related harm. However, some evidence has emerged suggesting an association between National Lottery play at 16 and 17 and gambling-related harm.

4.7. Recent studies have suggested an association between playing National Lottery games at 16 and 17 (particularly scratchcards) and problem gambling as an adult. ^{[footnote 9]} Both studies showed a relationship between playing scratchcards at 16 or 17 years old and being identified on the Problem Gambling Severity Index as a low risk, moderate risk, or problem gambler as an adult.

4.8. In addition, qualitative research from the Gambling Commission found that, for some 16 and 17 year olds, National Lottery play was a “secret activity”. Some of their interviewees were unclear on the odds of winning and the details on the rules of the game. Some young people - particularly from more vulnerable groups - saw the National Lottery as a way to “progress their lives”. While the young people interviewed generally played a set amount of draw-based games, scratchcards were more likely to prompt additional spend.

Recent parliamentary inquiries and public opinion

4.9. The evidence from academia and the consultation have been complemented by three recent parliamentary inquiries, which heard evidence from experts nationally and internationally.

4.10. In June 2020, the All-Party Parliamentary Group on Gambling-Related Harm published a report highlighting evidence that 2% of 11-16 year olds had spent money gambling online in the last week. ^{[footnote 10]} While the National Lottery has very few online players under 18 (fewer than 500 16-17 year olds played IIWGs in the final quarter of 2019/20), the report recommended that to safeguard children and young people, all online gambling, including the National Lottery, should be restricted to those over 18.

4.11. Also in June, the Public Accounts Committee published a report recommending that the Gambling Commission “urgently investigate the impact of fixed odds betting that falls under “lottery” legislation and is accessible by 16 and 17 year olds.” ^{[footnote 11]}

4.12. In July 2020, the House of Lords Select Committee on the Social and Economic Impact of the Gambling Industry published a report on their inquiry. The report noted that the written evidence they received was “unequivocal” in recommending an increase in the National Lottery minimum age; the Committee made the same recommendation. ^{[footnote 12]}

4.13. Public opinion clearly supports these recommendations. The consultation responses showed a majority in favour of increasing the minimum age, supporting a survey the Gambling Commission commissioned in 2018 which found that 67% of respondents did not believe that 16 and 17 year olds should be able to play any National Lottery games.

International Context

4.14. The Gambling Commission carried out research on the minimum age applied to lotteries in other countries. Their analysis focused on 50 other developed countries and jurisdictions. They found that internationally, allowing 16 and 17 year olds to play the lottery is the exception rather than the norm. The vast majority of the countries researched have a minimum age of 18 to play lotteries.

4.15. There were three other countries alongside the UK that allow play at 16 - Austria, Estonia and Switzerland. Of those, Austria and Switzerland limit play at 16 to retail environments, and have a minimum age of 18 for online participation. Only the UK and Estonia allow play at 16 across all sales channels. The culture and approach to regulation of gambling and lotteries varies significantly across different countries.

Financial Impacts

4.16. Retaining 16 as the minimum age would have no financial impact. Raising the minimum age to 18 would incur costs including:

• a loss in good cause income generated,
• a loss in commission for retailers, and
• transitional costs of making the change (for example new signage and training retailers)

4.17. Sales of National Lottery products to 16 and 17 year olds are low, and on a further downward trend. As a result, the corresponding loss in good cause income would be relatively low - around £6 million, based on 2019/20 figures.

4.18. Retailers get a small percentage of each National Lottery ticket sale in commission. This will be lost for sales to 16-17 year olds. The loss in retailer commission would also be low, at around £2.8 million.

4.19. Camelot estimated that operator transition costs would be between £4m and £4.5m (2019 prices) for a change with 15 months’ notice, and noted that this would increase if the change came into effect before the start of a new licence period. In follow-up discussions, they estimate that a quicker change with 12 months’ notice could cost between £5.6m and £8.5m.

4.20. There are therefore some costs associated with the option to raise the minimum age to 18. These are relatively low as a proportion of total National Lottery good cause income, which is approximately £1.6bn-£1.8bn per year, raised from sales of approximately £7bn-£8bn. As the Expert Panel on Age Restriction’s response noted, the transitional costs can be mitigated by making a change at the start of a new licence period.

5. Conclusion

5.1. Many young people aged 16 and 17 have participated safely in the National Lottery since its launch in 1994, supported by a robust framework of player protection measures that form part of the fabric of the National Lottery and its regulation. Under the current licence, the operator has a robust and effective approach to player protection. The fourth licence competition has been designed with player protection at its heart.

5.2. Nevertheless, given the technological advances and changes to the games portfolio since the launch, the competition for the fourth licence to run the National Lottery offered a timely opportunity to reconsider whether a minimum age of 16 remained appropriate.

5.3. While the evidence of risk to 16 and 17 year olds as a result of playing National Lottery games is not definitive, some evidence of correlation has emerged, public opinion is clear, and the international evidence shows that we are anomalous. On that basis, we will - as a precaution - make regulations to increase the minimum age of sale for all National Lottery products to 18. As is the case for other age-limited products, we will increase the minimum age to sell National Lottery products accordingly.

5.4. Protecting young people from harm is of paramount importance. Retailers and the operator also need sufficient time to ensure a smooth and orderly transition. The legislative change will therefore come into force on 1 October 2021 - the second Common Commencement Date next year - to ensure that the change is implemented quickly and successfully and reduce the impact on business. We will work with the Gambling Commission and Camelot to ensure a smooth and speedy implementation, acting sooner where possible. Under current plans, online sales to 16 and 17 year olds will stop in April 2021.

5.6. As noted in the consultation, the government takes the view that proper consideration needs to be given to the question of parity of minimum age between the National Lottery and society lotteries. During the Gambling Act Review we will therefore consider - in consultation with industry - the minimum age to play society lotteries, to ensure that our wider policy on legal gambling by children and young people is coherent.

Annex 1 - List of named respondents

• Association of Convenience Stores
• Brae Stores Ltd
• Camelot
• Communication Workers Union North West Health and Safety Forum
• European Lotto Betting Association (eLBA)
• Expert Panel - Age Restrictions, Government’s Office for Product Safety & Standards (Part of BEIS)
• Fast Forward
• National Federation of Retail Newsagents (NFRN)
• National Lottery Forum
• Newcastle Under Lyme Borough Council
• People’s Postcode Lottery
• Salford City Council
• Scottish Grocers’ Federation
• The Association for UK Interactive Entertainment
• The Bingo Association
• The Lotteries Council
• YOTI

1. Nat Cen, Gambling Behaviour in Great Britain in 2016, 2018 ↩

2. Department for Digital, Culture, Media & Sport, Government response to the consultation on proposals for changes to Gaming Machines and Social Responsibility Measures, 2018 ↩

3. Gambling Commission survey data obtained between April 2016 and March 2019 ↩

4. Gambling Commission survey data obtained between April 2016 and March 2019 ↩

5. Newall P W S and others, Associations Between Recalled Use of Legal UK Youth Gambling Products and Adults Disordered Gambling, 2020 ↩

6. Gambling Commission, National Lottery Funds Raised for Good Causes: 20/21 Quarter 2, November 2020 ↩

7. Nat Cen, Gambling Behaviour in Great Britain in 2016, 2018 ↩

8. NHS Digital, Health Survey for England 2018: Supplementary analysis on gambling, 2019 (updated April 2020) ↩

9. Newall P W S and others, Associations Between Recalled Use of Legal UK Youth Gambling Products and Adults Disordered Gambling, 2020 ; Newall P W S and others, Frequency of engagement with legal UK youth gambling products is associated with adult disordered gambling, 2020 ↩

10. Gambling Related Harm All Party Parliamentary Group, Online Gambling Harm Inquiry: Final Report, 2020 ↩

11. Public Accounts Committee, Gambling Regulation: problem gambling and protecting vulnerable people, 2020 ↩

12. House of Lords Select Committee on the Social and Economic Impact of the Gambling Industry, Gambling Harm - Time for Action, 2020 ↩