Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- What Counts as a Lottery or Raffle?
- The Legal Framework - Gambling Act 2005
- Why the Law Is So Strict
- Types of Lotteries in the UK
- The Licensing Process
- Setting Up Your Lottery Business
- Advertising and Consumer Protection
- Common Legal Mistakes
- Legal Consequences of Non-Compliance
- How Northern Ireland Differs
- Key Takeaways
Running a raffle or lottery might seem like an exciting business idea - they’re popular, easy to market, and can generate real buzz online. But in the UK, raffles and lotteries fall squarely under gambling law, and that means there are strict rules about who can run them, how they can operate, and where the money goes.
Failing to comply doesn’t just risk fines - it can mean criminal prosecution under the Gambling Act 2005. So before you print those tickets or launch an online prize draw, it’s important to understand exactly how the law classifies these activities, and what steps you need to take to stay compliant.
What Counts as a Lottery or Raffle?
The UK Gambling Commission defines a lottery as an arrangement where:
- People pay to take part,
- Prizes are allocated, and
- The winners are chosen purely by chance.
That means most raffles - even small ones - fall into the category of lotteries. If you’re charging for tickets and the outcome is random, you’re running a lottery whether you call it a “raffle”, “giveaway” or “draw”.
Other forms of prize promotions include:
- Prize competitions, where entrants must show skill, judgment or knowledge (for example, answering a question or solving a puzzle).
- Free draws, which don’t require payment to enter and therefore fall outside the Gambling Act 2005.
This distinction matters because lotteries are strictly regulated, whereas free draws and genuine competitions are not. Misclassifying your activity can lead to serious consequences.
The Legal Framework - Gambling Act 2005
The Gambling Act 2005 governs all lotteries and raffles in Great Britain (England, Wales and Scotland). It sets out:
- Who can run lotteries,
- The licensing requirements,
- The rules on proceeds and prizes, and
- The offences for unlawful operation.
Under section 258 of the Act, promoting or facilitating a lottery without the appropriate licence or registration is a criminal offence. Conviction can lead to:
- Fines of up to £5,000 per offence,
- Imprisonment for up to 51 weeks (in England and Wales) or 12 months (in Scotland), and
- The forfeiture of any proceeds or equipment used in the unlawful lottery.
In Northern Ireland, the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 applies instead. It’s even stricter - for example, private individuals generally cannot run profit-making lotteries at all.
Why the Law Is So Strict
Lotteries are treated as gambling because they rely on chance and involve payment for entry. The law’s purpose is to:
- Prevent crime and ensure gambling is conducted fairly,
- Protect consumers and vulnerable groups,
- Prevent misuse of funds and money laundering, and
- Ensure proceeds go to lawful causes where required.
The Gambling Commission (a statutory regulator) enforces these principles. Anyone who runs or promotes a lottery for profit without permission risks losing not only their business, but also their eligibility to hold future licences.
Types of Lotteries in the UK
The Gambling Act 2005 recognises several distinct types of lotteries. Understanding these helps determine whether you need a licence or registration:
- Small Society Lotteries
- Run by non-commercial societies such as charities, clubs or community groups.
- Must be registered with the local authority.
- Ticket sales cannot exceed £20,000 per draw or £250,000 per year.
- At least 20% of proceeds must go to the society’s purpose, not prizes or expenses.
- Run by non-commercial societies such as charities, clubs or community groups.
- Large Society Lotteries
- Ticket sales above the small society limits.
- Must be licensed by the Gambling Commission.
- Must submit annual returns and comply with strict financial reporting.
- Subject to auditing, anti-fraud controls, and responsible gambling conditions.
- Ticket sales above the small society limits.
- Incidental Non-Commercial Lotteries
- Held at events such as school fairs or charity dinners.
- Tickets sold and prizes drawn during the event only.
- No licence required, but all profits must go to a non-commercial purpose.
- Held at events such as school fairs or charity dinners.
- Private Lotteries
- Limited to members of a society, workplace or club.
- Cannot be advertised to the public.
- Tickets must only be sold to those eligible within the private group.
- Limited to members of a society, workplace or club.
- Customer Lotteries
- Run by a business for its customers (for example, a supermarket prize draw).
- Tickets can only be sold to customers on the business premises.
- No profit may be made from ticket sales.
- Run by a business for its customers (for example, a supermarket prize draw).
If your goal is to make profit from ticket sales, you’ll need a Gambling Commission licence - and your business must comply with the Commission’s Licence Conditions and Codes of Practice (LCCP).
The Licensing Process
If you need a Gambling Commission licence, you’ll go through a detailed application process that typically includes:
- Disclosure of business structure and key personnel - the Commission will assess whether the people involved are “fit and proper” to operate.
- Anti-money laundering checks, particularly for online operations.
- Policies and procedures covering fairness, complaints handling, data protection, and self-exclusion.
- Financial information, including forecasts and source of funds.
- Payment of fees (these vary by scale of operation).
Once approved, you’ll be listed on the Commission’s public register. Licences must be renewed annually and can be suspended or revoked if conditions are breached.
Operating without a licence, or outside its terms, is a strict liability offence - intent doesn’t matter. The regulator can issue fines, criminal charges, or injunctions to stop the business immediately.
Setting Up Your Lottery Business
Beyond licensing, you’ll need to set up your business in a way that supports compliance:
- Register your legal entity - typically a limited company or registered society.
- Open a separate business bank account for ticket sales and prize funds.
- Draft clear terms and conditions stating how entries, prizes and draws work.
- Implement age verification - under 18s cannot legally take part in lotteries.
- Keep proper accounting records - including ticket numbers, revenue, and expenses.
- Submit regular returns to your local authority or the Gambling Commission, as applicable.
If you plan to operate online, you’ll also need to comply with:
- The UK GDPR and Data Protection Act 2018;
- The CAP Code (for advertising); and
- Any remote gambling technical standards issued by the Gambling Commission.
Advertising and Consumer Protection
Marketing for raffles and lotteries is tightly controlled. You must:
- Avoid implying everyone will win or exaggerating odds of success;
- Display full terms and entry requirements;
- Include age and location restrictions;
- Avoid targeting vulnerable people or under-18s; and
- Ensure promotions are transparent and truthful.
The Advertising Standards Authority (ASA) and Fundraising Regulator can both investigate misleading or irresponsible promotions. Breaches can result in fines, licence suspension, or bans on advertising.
Common Legal Mistakes
Many small businesses and influencers accidentally breach gambling law because they assume a “prize draw” is always legal. Common pitfalls include:
- Running a random draw where entrants must pay (that’s a lottery, not a competition).
- Claiming “free entry” but hiding it behind steps like buying a product or paying postage.
- Using social media “like and share” promotions with entry fees or implicit purchases.
- Forgetting to verify entrants’ age or location.
If your promotion involves chance and any form of payment, it’s almost certainly a lottery. Without the right registration or licence, it’s unlawful.
Legal Consequences of Non-Compliance
The Gambling Commission and local authorities have broad enforcement powers. Penalties can include:
- Criminal prosecution, leading to fines or imprisonment;
- Licence suspension or revocation;
- Confiscation of proceeds under the Proceeds of Crime Act 2002;
- Enforcement notices requiring immediate cessation of unlawful activity; and
- Reputational damage - once a business has been investigated, it can be barred from future licences.
Even charities and small community groups can be penalised if they fail to register properly or mismanage lottery proceeds. In serious cases, directors or organisers may be personally liable.
How Northern Ireland Differs
Northern Ireland has its own legislation - the Betting, Gaming, Lotteries and Amusements (NI) Order 1985. The key differences are:
- Private or commercial lotteries are generally not permitted.
- Only society lotteries for charitable or non-profit purposes can operate.
- Licences are issued by local councils rather than the Gambling Commission.
- Prize competitions and free draws have narrower exemptions.
If you’re based in Northern Ireland, you must seek legal advice before running any prize-based promotion for profit.
Key Takeaways
Starting a raffle or lottery business in the UK can be rewarding, but it’s not something to jump into without planning. Once you charge money for a chance to win a prize, you’re operating within the gambling framework - and that comes with serious legal obligations.
To stay compliant:
- Define exactly what you’re offering - is it a lottery, competition or free draw?
- Register or apply for a licence with your local authority or the Gambling Commission.
- Follow the conditions on advertising, age limits and fairness.
- Keep meticulous records and submit required returns.
- Seek professional legal advice before launch.
Getting these foundations right ensures your business can run smoothly, lawfully, and with the confidence of both regulators and participants.If you would like a consultation on starting a raffle or lottery business in the UK, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.


