Swedish court upholds Spelinspektionen’s denial of bingo licence for retail terminals

The Administrative Court of Appeal (Kammarrätten) in Sweden’s Jönköping has upheld the gambling regulator’s (Spelinspektionen) decision to refuse a licence to operate non-temporary electronic bingo terminals outside of traditional bingo halls. 

The ruling, published on Tuesday, confirmed the regulator’s authority to restrict where bingo can lawfully be offered under Sweden’s Gaming Act.

The court’s decision overturned a previous ruling, made by another Administrative Court in Linköping in November 2024, which would have allowed the retail bingo operation.

Bingo dispute dates back to 2023

In June 2023, operator Föreningen Idrottens Spel i Sverige applied for a licence to provide charitable bingo via electronic bingo terminals placed in approximately 297 retail outlets across Sweden, primarily in small shops and kiosks. 

The association intended to operate these terminals outside the framework of traditional bingo halls.

Spelinspektionen declined the licence application on 21 March 2024. It cited concerns that non-temporary bingo conducted outside traditional bingo halls would not satisfy the statutory “suitability” requirement under chapter 3, section 1 of the Gaming Act (2018:1138). 

These requirements included:

• that the gambling [activity] is very safe;
• that the activity should have a high level of consumer protection;
• that the negative impacts of gambling should be limited; and
• that gambling should not be used to support criminal activities

The regulator highlighted public interest concerns, notably that the kiosks were increasing accessibile to children and young people, due to lower levels of social control in retail environments.

In November 2024, the Administrative Court in Linköping disagreed with Spelinspektionen’s decision, ruling in favour of the association.

The court concluded that the Gaming Act did not explicitly confine non-temporary bingo to traditional bingo halls and emphasised flexibility in adapting to changes in the gaming market. 

Consequently, the court remitted the matter for further consideration, effectively invalidating the regulator’s denial.

The appeals court ruling

Spelinspektionen appealed, and the Kammarrätten has now reversed the November 2024 ruling, reinstating the regulator’s original refusal to approve the licence.

The court stressed that the Gaming Act has been shaped by a restrictive attitude towards self-service gambling terminals. 

It said the law contained explicit limits on permissible locations for gaming machines. It did, however, provide certain exceptions for bingo which is traditionally confined to environments with strong social control like bingo halls or licensed restaurants.

The court endorsed the regulator’s view that the placement of bingo terminals in retail kiosks and outlets would undermine the protective context the legislature envisaged. 

The operator’s proposed model represented a “total change” of the current system and would increase the approximately 50 traditional bingo premises to nearly 300 dispersed retail locations.

The appeals court concluded there were sufficient grounds under the statutory suitability criteria to deny the licence.

The operator warned the ruling could threaten bingo’s sustainability in Sweden and reduce crucial funding streams.