Reorganization of in-person games, first contribution from the Technical Group of the Regions and Autonomous Provinces

Below is a summary of the first contribution of the Technical Group of the Regions and Autonomous Provinces sub area Dependencies to the Technical Roundtable for sharing the contents of the draft legislative decree relating to public games admitted through the physical network, pursuant to the rep agreement. deeds no. 6/CU of 25 January 2024 between the Government, the Regions and PA, ANCI and UPI.

“With particular regard to the issue of minimum distances from sensitive places, there is consolidated jurisprudence. Only the most significant sentences are cited here:

• The Constitutional Court, also with reference to the ordinary statute Regions, affirmed the constitutional legitimacy of the regional regulatory provisions regarding distances from the so-called sensitive sites (sentence no. 108/2017). According to the Court, the regional legislator pursues in via pre-eminent social-healthcare purposes, dealing with the social consequences of the offer of games on psychologically weaker groups of consumers, particularly in terms of preventing forms of so-called compulsive gaming.
• The Council of State has expressed its opinion several times on the topic of distance limits for gaming and betting activities from so-called "sensitive places", also taking up the guidelines cited. In fact, it is stated that respect for distances is one of the tools entrusted to the protection of segments of the population particularly exposed to the risk of gambling addiction (State Council, section VI, 19 March 2019, no. 1806; State Council, section VI, 11 March 2019, no. 1618; State Council, section V, 6 September 2018, no. 5237).  
• Furthermore, the provision of minimum distances between gaming rooms and so-called "sensitive" places is considered by the Constitutional Court to be a measure of "logistics prevention” of gambling addiction which, after having been tested at a local level through regulations and ordinances of municipal authorities, has been adopted in recent years at a legislative level by a large part of the Regions (Cost. Court, 11 May 2017, n. 108).

Opening and closing times of gaming rooms

The issue of the opening and closing times of gaming halls has been addressed several times by the Council of State (Cons. State, section V, 26 September 2022, n. 8240, Cons. State, section V, 5 June 2018, n. . 3382). In particular, it was stated that the problems concerning the regulation of the opening and operating hours of authorized gaming halls constitute a particularly sensitive and delicate area in which a plurality of interests converge and must be adequately measured - both private and of the operators of the the aforementioned rooms (...) both, especially public and general, not contained in the economic-financial ones (protected by the concession) or relating to the protection of public order and safety (protected by the police authorisation), but also extended to public peace (...) and public health, the latter in in relation to the dangerous, increasingly evident phenomenon of gambling addiction (...).

Size of the phenomenon

The historical series of collection on the physical network, on a national scale, represented in the previous graph, attests to a recovery after the pandemic phase and in particular the lockdown. Values ​​are growing towards pre-Covid amounts. Despite what the collection trend during the pandemic years might have led one to think, the offline gaming mode seems far from outdated. In fact, in many Regions, the amount played per capita (i.e. how much is played on average by each resident) offline is reaching pre-pandemic periods. Furthermore, it is important to underline that there does not seem to be a contrast between offline and online gaming: compared to the pre-pandemic period, the Regions where online gaming per capita has grown the most are also those in which there has been a smaller decrease in gaming per capita offline (Elisa Benedetti and Rodolfo Cotichini, IFC CNR, 2024).

The data received and extracted are not sufficient for correct comparisons between the Regions. However, one consideration can be made: there is a slight decrease in the number of gaming points and machines, but this does not effectively affect the range of offers present in our country.

Regional legislations

The regional laws regarding the fight against gambling disorder have represented in recent years a "barrier" to a wider incidence and social pervasiveness of this significant behavioral addiction:  

For a more in-depth examination of the common aspects in regional legislation, please refer to the analysis carried out by the Regional Service for Support of Health Promotion Plans and Programs and Health Documentation Activities of the Lombardy Region, attached to this document.

In the draft legislative decree relating to public games admitted through the physical network currently being developed, in the opinion of the Interregional Technical Group in the Dependencies area, the following qualifying elements should be contemplated and implemented:

Supply reduction

The aforementioned agreement between the Government, Regions and local authorities of 7 September 2017 envisaged reducing the gaming offer, both in terms of volumes and points of sale. Specifically, a reduction in AWPs (Amusement With Prices), also known as New Slots, was expected, from a number of 400.000 estimated at the time to 265.000 units. The latter then had to be replaced with the AWPR, new generation slots with remote control. Subsequently with Law 27/12/2019, n. 160, in article 1 paragraph 727, the following concessions have been planned and programmed:

• 200 thousand AWPR:
• 50 thousand VLT (VideoLottery);
• 35 thousand fees for the operation of sales points at bars and tobacconists, where it is possible to place the AWPRs;
• 2.500 rights for the operation of rooms in which it is possible to place AWPR and VLT devices.

Today the enabling law provides that they are regulated adequate forms of consultation between the State, the Regions and Local Authorities regarding the planning of the territorial dislocation of physical places offering gaming, as well as the consequent procedure for enabling the provision of the relevant offer in relation to the subjects who, through specific selections, are responsible for it, in order to ensure investors the predictability over time of the location of the aforementioned places throughout the national territory and their predetermined distance from uniformly identified sensitive places (article 15 second paragraph, letter b) of Law 9 August 2023, n. 111) .

It is therefore believed that the draft Legislative Decree currently being defined should contemplate the definition of these planning and programming processes, as well as the identification of territorial sustainability standards aimed at avoiding situations of local imbalance.

In this regard, the planning of the territorial location of the physical places where gaming is offered could be based on preliminary analyzes of theObservatory for combating the spread of gambling and the phenomenon of serious addiction, upon delivery of the necessary data by the Customs and Monopolies Agency.

This is in consideration of the provision referred to in Article 15, second paragraph, letter p) of Law 9 August 2023, n. 111 which considers the provision of access, by public and private entities that carry out activities for the prevention and treatment of gambling pathologies, to data concerning the territorial diffusion, collection, expenditure and taxation of authorized games of any type and classification.

Reduction of factors that increase the additive risk of different types of gambling

The entire regulatory text should contain explicit references to the risk factors of developing addiction and give indications to counteract these factors, connoting it in a virtuous manner. The evidence to take into account for this purpose are:   

• Accessibility and the offer spread across the territory impact the daily habits of people who go to commercial establishments (tobacconists, petrol stations, supermarkets, bars) without explicitly looking for products linked to gambling. In this sense, even if the majority of the collection for the Betting, VLT and AWP areas comes from specialized points of sale, the so-called generalist points of sale play a significant role in increasing the risk of addiction.
• Game speed, i.e. the time elapsed between the bet and the outcome of the bet (which is why in recent years the times have progressively reduced, for example lotto (reached 4 weekly draws and introduced 10 e lotto with extractions every 5 minutes), favors these dynamics. Obviously the maximum additivity is represented by slot machines with a waiting time of around 4 seconds.
• Immersiveness of the gaming experience and continuity over time without having to interrupt gaming sessions (food and drinks available in game rooms, possibility of on-site collection, loss of perception of the passage of time);
• Advertising relating to winnings, little information regarding the real chances of winning, advertising which deceptively feeds the player's control over the game (poker, sports betting);
• Alteration of the perception of the amount of money actually played and lost, through euro/credit exchange;
• Specific characteristics of the type of game that deceptively fuel the player's illusion of being able to act by controlling the outcome of the game or that stimulate cognitive distortions that lead the player to pursue losses (for example almost winning);
• Gamification of gambling: mixing video games and gambling (virtual betting, loot boxes), gambling is made less explicit and disguised in more pleasant guises, especially for a younger audience. In some ways the same argument also applies to online trading, that is, making people believe that it is not a gamble.

From this point of view the enabling law provides the introduction of technical and regulatory measures aimed at guaranteeing full protection of the most vulnerable subjects as well as to prevent gambling disorders and underage gambling, such as: 1) reduction of gambling and winning limits;

• obligation of continuous training of managers and operators;
• strengthening of self-exclusion mechanisms from gaming, also on the basis of a national register in which individuals who request to be excluded from participating in any form in games with cash winnings can register;

(...)

• prohibition on collecting gambling on amateur sports competitions reserved exclusively for children under the age of eighteen;
• use of forms of communication of legal gaming consistent with the need to protect the most vulnerable subjects (article 15 second paragraph, letter a) of Law 9 August 2023, n. 111).

Improved quality level of game points

The agreement between the Government, Regions and local authorities of 7 September 2017 provided for the certification of gaming points according to the following criteria:

• selective access, with customer identification;
• the elimination of images that induce gambling;  
• the definition of internal furnishing and lighting standards, as well as external signs attesting to public certification;
• compliance with architectural constraints;  
• specific training for employees
• compliance with minimum limits on the volumes of space dedicated to gaming and on the minimum and maximum numbers of gaming devices;
• the transparency of communications regarding gaming;
• complete traceability of bets and winnings and internal video surveillance equipment;
• direct connection with police facilities and/or with the Customs and Monopolies Agency.

The 2017 Understanding also established that “the Regions and autonomous Provinces, for the purposes of combating pathologies relating to gambling addiction, will be able to provide greater forms of protection for the population.”

The enabling law prescribes the provision of minimum characteristics that the rooms and other places where gaming is offered must possess. Furthermore, the certification of each device, with gradual transition, taking into account the amortization period of the investments made, to devices that allow gaming only from a remote environment, forming part of non-alterable gaming systems (article 15 second paragraph, letter a), 4 and 5 of Law 9 August 2023, n. 111).

The Interregional Group in the Dependencies sub area believes that these aspects set out in the enabling law are very important and must find a place in the regulatory provisions. With the continuous training of managers and operators they can really raise the quality of the gaming points.  

Identification of sensitive places

All regional and provincial laws intervene on the territorial and temporal distribution of gaming points, making the authorization for the operation or installation of gaming machines subject to location constraints: the gaming offer must be located at a certain distance from “sensitive places” (defined from time to time within the laws). Most Regions/Provinces prohibit the placement of gaming points within 500 meters of sensitive places (Basilicata, Emilia Romagna, Friuli-Venezia Giulia, Lazio, Lombardy, Molise, Sardinia, Tuscany, Umbria, Valle d'Aosta); in four cases the distance is identified as 300 meters (Abruzzo, Bolzano, Liguria, Trento); in two at 250 meters (Campania, Puglia) and in only one case at 400 meters (Veneto). In some laws (Calabria, Marche, Sicily) the distance from sensitive places is subordinated to the population density of the territories of competence. In almost all cases the possibility of identifying additional sensitive places in addition to those identified is delegated to the Municipalities.

It is believed that the distance that could be included within the Legislative Decree scheme in question is an average distance between those indicated in the regional regulations.

Furthermore, as regards sensitive places, the following list is proposed: – services for early childhood;

• educational institutions of all levels;
• University;
• training centers for young people and adults; – places of worship;
• sport facilities;
• hospitals, outpatient, residential or semi-residential facilities operating in the healthcare or social healthcare sector;
• residences for the elderly, accommodation facilities for protected categories;
• socio-cultural meeting places, oratories and play clubs for adults; – credit institutions and ATMs;
• buying and selling of precious objects and used gold;
• railway and bus stations; - post offices.

I sensitive places uniformly identified they are another relevant aspect of the Legislative Decree scheme currently being developed.

Definition of time limitations

The reference to time limitations on gaming is present, albeit with some differences, in most regional regulations. In almost all of these, the possibility of defining suspension time slots lies with the Municipalities, while in a few cases standard time limitations are identified at a regional level.  

The regulatory device, which derives from placement constraints or time limitations of establishments offering gaming, allows for broader protection of the most vulnerable sections of the population or at risk for the development of gambling addiction, the fair distribution of gaming points, avoiding their concentration or the creation of degraded areas, as well as the creation of more favorable and health-protective living environments. The effort of the Regions in defining these constraints is therefore traced back both to the need to guarantee greater effectiveness with respect to the prevention of gambling disorder in relation to minors, the weakest and most at-risk groups but also to the population in general, and to the protection urban safety, problems associated with traffic, noise pollution and disturbance of public peace. Furthermore, this intent is part of the broader framework of environmental prevention aimed at reducing the exposure, visibility and ease of access and use of gaming devices which, if less present, normalized and attractive, disadvantage the activation of behaviors automatic in reaction to familiar stimuli and discourage the onset of addiction or, for people being treated for gambling disorder, a relapse into the problem.

Considering the regional rules, a hypothesis for limiting the game could be the following:

• from 07:00 to 09:00 (this period exposes minors and young people, women, workers and unemployed people more to the risk);
• from 13 pm to 00 pm (this period exposes elderly people, workers, unemployed people and young people to greater risk);
• from 18 pm to 00 pm (this period exposes all segments of the population to risk); Confirmation of the ban on gambling advertising:

Article 9, paragraph 1 of Legislative Decree no. 87 of 2018 converted, with amendments, into Law 9 August 2018, n. 96, provides for the prohibition of any form of advertising, even indirect, relating to games or bets with money winnings, however carried out and by any means, including sporting, cultural or artistic events, television or radio broadcasts, the daily press and periodicals, publications in general, posters and IT, digital and telematic channels, including social media.

The advertising ban - placed at the expense of the client, the owner of the medium or the dissemination or destination site and the organizer of the event, event or activity - was introduced in order to guarantee a more effective fight against Gambling Disorder 'Gamble and a strengthening of personal protection with particular attention to vulnerable categories (pathological gamblers, minors, elderly people). Therefore, it is considered essential that the current rules relating to the limitations of gambling advertising are not weakened, but on the contrary strengthened.

Supervision and sanctions

The agreement between the Government, Regions and local authorities of 7 September 2017 invited the Regions to increase the control system, including the tightening of controls on illegal gambling. Attention to controls is pursued by almost all the Regions, with some exceptions. The responsibility for controls and supervision is generally entrusted to the territorially competent Municipalities or to the staff of the provincial structure responsible for administrative police matters, who collaborate in the planning of interventions handed over to the Police Forces and municipal police forces to guarantee the combating the illegal or abusive exercise of gaming activities with cash winnings. The Regions, within the scope of the legislation adopted, decline and specify the operational and, sometimes, procedural contents of the sanctions aimed at combating irregularities and offenses of various kinds that are committed by some of the operators in the sector. They also identify the methods for managing the proceeds to the Municipalities.  

The sanctions deriving from irregularities at the gaming points are allocated to the public administration or to activities of its own interest. The main recipient of the proceeds is identified in the Municipalities.

With respect to the governance of supervision in the gaming sector, the Regional Observatory, the technical tables and the established working groups represent the main useful devices for intervening with gambling practices, also on the basis of effectiveness and efficiency criteria.  

Specifically regarding aspects related to supervision, some Regions highlight in their legislation the provision of formal channels that contribute to the exchange of information, with a view to guaranteeing "process continuity" and information sharing defined by the Understanding.  

The allocation of proceeds from sanctions to ordinary and extraordinary activities relating to gambling or more generally to prevention, the network and the network established by some Regions in order to address the complexity relating to gambling, involving stakeholders dedicated to protection of public health and the protection of public safety, are examples of the attention to health issues present within regional legislation.  

The Interregional Group in the Addiction sub area believes that these elements can also be considered within the scope of the national standard, currently in progress.

In this sense, the enabling law provides for the revision of the regulation of controls and assessment of taxes imposed on gaming, for greater preventive and repressive effectiveness of their evasion or avoidance, as well as other violations in the matter, including those concerning the concession relationship and also provides the reorganization of the current sanctioning, criminal and administrative system, in order to increase its dissuasive effectiveness and effectiveness.

Use of scientifically correct terminology

For several years, sociological research has highlighted the importance of choosing and sharing the terms used to define gambling and related problems and the impact of the terminology on the phenomenon itself, in particular on the emergence of the request for help. Some improper terms fall within this framework for which we ask you to consider the inappropriateness of use:

gambling addiction: It is in the interest of the industrial sector to normalize gambling, which is why, starting from Anglo-Saxon contexts, the industry prefers to use the terms "gaming" and "players" rather than "gambling" and "gamblers" (gamblers), with the aim of improving the social image of gambling (see e.g. Campbell and Smith 2003; Yoong, Koon and Min, 2013; Rolando and Wardle, 2023). The use of the term "gambling disorder" to indicate problem gambling, or gambling disorder (according to the nomenclature of the DSM-5-TR Diagnostic and Statistical Manual of Mental Disorders), is therefore improper and inappropriate , as it does not contain any reference to gambling and the differences that distinguish it from simple gaming; Responsible Gaming: this wording is not neutral but was introduced and promoted by the gambling industry with the aim of framing gambling-related problems as a matter of individual nature (fragility of the individual) rather than as the result of political choices and market expansion ( Ukhova et al., 2023; Hing et al., 2016; Miller & Thomas, 2017; Thomas et al., 2016; Yücel et al., 2018). This label helps to reinforce the idea that people are responsible for their gambling problems, overlooking the fact that both gambling and gambling venues are specifically designed to attract gamblers and keep them hooked, in other words to create addiction. We should therefore avoid using this wording, which is not only unfair, but also fuels the stigmatization phenomena that constitute the main barrier to the emergence of the request for help - one of the main weaknesses of the response systems, in Italy as elsewhere ( Suurvali et al., 2009; Dąbrowska et al., 2017; Rolando, Ferrari and Beccaria, 2023); Safe game. However, the term seems to be used to endorse another rhetoric typical of the industry which would like to draw clear boundaries between legal and illegal gaming, claiming that the former is in some way safe, despite it being clear that even legal gaming is addictive.

Possible reference to “best available technology”

In the draft Legislative Decree currently being drawn up, it appears appropriate to recall the need to use terms that allow situations that are currently unknown to be regulated in the future. To effectively pursue the general criteria that have been set out here, the gaming offer and the related methods of implementation must be supported by suitable advanced technology tools, or by the "best available technology".

Observatory for combating the spread of gambling and the phenomenon of serious addiction 

In conclusion, with reference to the draft Legislative Decree discussed here, it seems appropriate to recall the role and exclusive competences in matters of health of theObservatory for combating the spread of gambling and the phenomenon of serious addiction, established at the Ministry of Health pursuant to article 1, paragraph 133, fourth sentence, of law 23 December 2014, n.190.

Its reconstitution was most recently arranged with the Interministerial Decree of 30 January 2023 of the Minister of Health in agreement with the Minister of Economy and Finance".