British Horseracing Authority Updates Equine Anti-Doping Rules

The British Horseracing Authority (BHA) has confirmed a number of changes to its Equine Anti-Doping Rules this Wednesday, which will take effect from next month.

These changes follow a comprehensive review of the sport's anti-doping Rules announced in 2018, following a number of Disciplinary Panel cases which called into question the assumptions that had been made regarding the Rules and how they should be applied.

It was also felt that a review of these Rules would lead to them being made simpler to understand and follow, whilst ensuring they still protect those who work in, follow or bet on British Racing sufficiently from the threat of doping.

The BHA have consulted on both the Rules and associated penalties with directly with trainers and via the National Trainers Federation, with additional input from both the UK and World Anti-Doping Agencies and sports bodies such as the FEI.

Independent legal advice on Rule changes following on from the consultation has been provided by the specialist sports law practice, Northridge LLP.

The main changes to the Rules, which were last updated in 2015, relate to the circumstances in which the Responsible Person may be found in breach of the Rules but not be penalized when a case is heard in front of the independent Disciplinary Panel.

The new Rules do not require any changes to the processes or safeguards put in place by Trainers in their yards.

In summary the changes are:

  • If a horse tests positive for a prohibited substance, in order to avoid a penalty the responsible person must establish the precise source of the positive finding and that they had taken all reasonable precautions
  • Cautions are available for lower level breaches
  • Suspended sanctions are available for breaches

More information and the reasoning behind the changes can be read here. The new Rules and penalties can also be read in full by clicking “(Forthcoming)” on the BHA Rules website.

Tim Naylor, Director of Integrity and Regulation at the BHA, said:

“The culmination of this project has followed consultation with the appropriate parties as well as legal advice in relation to the Rule changes, and it is our hope that we now have a set of equine anti-doping Rules which are clear both for those who enforce them and those who are bound by them.

“We have to ensure that our Rules in relation to anti-doping are sufficiently robust, but also that as much as is possible in such a technical area everyone bound by the Rules understands what is required of them.

“Whilst in places the requirements upon the Responsible Person have been strengthened, there have also been changes to allow more appropriate penalties for lower and mid-level breaches of the Rules.

“We have communicated these changes now ahead of their implementation date next month to allow sufficient time for participants to ask any questions they may have prior to the Rules taking effect.”

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Economic Indicators: Total 2020 Handle Continues To Show Signs Of Recovery

Equibase, LLC released its monthly report on Economic Indicators in Thoroughbred Racing this Wednesday, Aug. 5. Due to the COVID-19 outbreak, Equibase is currently providing monthly reporting of its Economic Indicators Advisories. The Advisory is typically disseminated on a quarterly basis to provide key metrics used to measure racing's performance throughout the year.

While the pandemic means most tracks are currently racing without fans, average daily wagering in 2020 continues to show strong increases over 2019 numbers as racing remains one of the few sports able to operate in concert with pandemic protocols. In the month of July, average daily wagering was up 41.83 percent in 2020, while the year-to-date figures show an increase of 41.72 percent.

Overall wagering figures are still showing the effects of the rescheduled Kentucky Derby, though year-to-date total handle is down just 6.96 percent thus far in 2020. Considering that the total number of race days and races held in 2020 are down 34.25 percent and 33.08 percent, respectively, the total handle is actually doing quite well.

Additionally, numbers from the first six months of 2020 showed year-to-date wagering down 10.88 percent, so the differential is decreasing as 2020 goes on and racing adjusts to a “new normal.”

Whether the Kentucky Derby will be able to be held with fans present remains to be seen, and that could affect how handle continues to recover through the remaining months of one of the most unique years in recent history.

July 2020 vs. July 2019
Indicator July 2020 July 2019 % Change
Wagering on U.S. Races* $1,098,943,728 $942,243,633 +16.63%
U.S. Purses $90,224,084 $103,342,574 -12.69%
U.S. Race Days 398 484 -17.77%
U.S. Races 3,280 3,742 -12.35%
U.S. Starts 24,984 26,612 -6.12%
Average Field Size 7.62 7.11 +7.11%
Average Wagering Per Race Day $2,761,165 $1,946,784 +41.83%
Average Purses Per Race Day $226,694 $213,518 +6.17%

 

 

YTD 2020 vs. YTD 2019
Indicator YTD 2020 YTD 2019 % Change
Wagering on U.S. Races* $6,154,466,247 $6,615,017,905 -6.96%
U.S. Purses $414,380,742 $647,344,706 -35.99%
U.S. Race Days 1,699 2,588 -34.35%
U.S. Races 14,186 21,199 -33.08%
U.S. Starts 113,058 156,851 -27.92%
Average Field Size 7.97 7.40 +7.71%
Average Wagering Per Race Day $3,622,405 $2,556,035 +41.72%
Average Purses Per Race Day $243,897 $250,133 -2.49%

 

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UK Equine Anti-Doping Rules Altered

A number of changes have been made to the equine anti-doping rules in the UK, the British Horseracing Authority announced on Wednesday. These changes have been made following a comprehensive review of the sport’s anti-doping rules announced in 2018. Individual trainers and the National Trainers Federation were consulted, with additional input from both the UK and World Anti-Doping Agencies and sports bodies such as the FEI. Northridge LLP, a specialist sports law practice, also provided independent legal advice on the rule changes. In summary, the changes, which will go into effect on Sept. 1, are as follows:

  • If a horse tests positive for a prohibited substance, in order to avoid a penalty the responsible person must establish the precise source of the positive finding and that they had taken all reasonable precautions
  • Cautions are available for lower level breaches
  • Suspended sanctions are available for breaches

More information and the reasoning behind the changes is available here. The new rules and penalties can also be viewed by clicking forthcoming on the www.rules.britishhorseracing.com website.

Tim Naylor, Director of Integrity and Regulation at the BHA, said, “The culmination of this project has followed consultation with the appropriate parties as well as legal advice in relation to the rule changes, and it is our hope that we now have a set of equine anti-doping rules which are clear both for those who enforce them and those who are bound by them.

“We have to ensure that our rules in relation to anti-doping are sufficiently robust, but also that as much as is possible in such a technical area everyone bound by the rules understands what is required of them. Whilst in places the requirements upon the responsible person have been strengthened, there have also been changes to allow more appropriate penalties for lower and mid-level breaches of the rules.

“We have communicated these changes now ahead of their implementation date next month to allow sufficient time for participants to ask any questions they may have prior to the rules taking effect.”

In response to these new changes, the National Trainers Federation released the following statement, which read in part: “Trainers have strict liability for the presence of prohibited substances in a horse’s system. In the light of Disciplinary Panel decisions since the cases that led to the BHA’s review, the NTF believes the existing equine anti-doping rules provide sufficient encouragement for compliance. In that context, the outcome of the BHA’s review into penalties in these cases is a mixed bag for trainers.

“The NTF is pleased that the BHA took on board the need to remove penalties where malicious administration could be proved. However, strict liability reverses the principle of “innocent until proved guilty” by putting the onus on the defendant to prove innocence – in this case by having to prove the precise source of the prohibited substance….

“To mitigate the burden of strict liability, the BHA and NTF have agreed restructured penalties. It is right that the Disciplinary Panel should have the option of cautioning a trainer instead of imposing a financial penalty (as required by the current rules), for the least culpable breaches.

“We disagree with the BHA about the minimum sanction of a suspended disqualification in addition to a financial penalty for the lowest level breach for substances prohibited at all times. If the Panel is satisfied the trainer had no knowledge of the substance’s administration and had taken reasonable precautions, a suspended disqualification is an unwarranted stain on the trainer’s reputation.”

To read the full NTF statement, click here.

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COVID-19: Trainers Appleby, Bin Suroor To Skip Melbourne Cup

Due to concerns about COVID-19 and Melbourne's recent change to stage four restrictions, top trainers Charlie Appleby and Saeed bin Suroor have both decided to skip this year's Melbourne Cup in Australia, reports racingpost.com.

Both trainers for Godolphin, Appleby won the Melbourne Cup with Cross Counter in 2018. This year's edition of “the race that stops a nation” is scheduled for Tuesday, Nov. 3.

“Charlie Appleby advised last night that because of the change to stage four restrictions, he wasn't comfortable sending his staff to Melbourne and Saeed has also advised he won't be coming,” Racing Victoria general manager of international operations Paul Bloodworth told racingpost.com. “It's a great shame. Saeed has been a regular in Australia for 30 years and Charlie certainly over the last five or six years so it's a shame they won't be able to compete.”

Leading owner Lloyd Williams is also considering missing out on the Melbourne Cup, he told racingpost.com on Wednesday. The six-time winner of the prestigious race has several hopefuls in training with Joseph O'Brien in Ireland, and concerns about staff safety while traveling are causing Williams to rethink his plans.

“It's too early to say, but travelling now is a greater consideration than it was 72 hours ago,” Williams told racingpost.com. “If there was any concern for staff travelling, I would not allow my group of horses to come – health is paramount.”

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