Betting Act, 1926

• Jurisdiction: Ireland
• Citation: IR No. 38/1926
• Year: 1926

Number 38 of 1926.
BETTING ACT, 1926.
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Prohibition of acting as bookmaker without licence. 3. Certificate of personal fitness. 4. Grounds for refusal of certificate of personal fitness. 5. Issue of bookmaker's licences. 6. The register of bookmaking offices. 7. Certificate of suitability of premises. 8. Grounds for refusal of certificate of suitability of premises. 9. Registration in register of bookmaking offices. 10. Appeal from refusal of certificate. 11. Temporary licences and registration pending appeal. 12. Cancellation of licences or registration by court. 13. Removal of premises from register of bookmaking offices. 14. Provisions as to joint registered proprietors. 15. Business permitted in registered premises. 16. Hours of business in registered premises. 17. Display of certificate of registration. 18. Production of bookmaker's licences on demand. 19. Powers of entry and investigation. 20. Saving for persons employed by bookmakers. 21. Prohibition of betting with persons outside Saorstát Eireann. 22. Powers of the Minister for Posts and Telegraphs. 23. Prohibition of unlicensed totalisators. 24. Grant of totalisator licences. 25. Totalisators set up by Revenue Commissioners. 26. Disposal of totalisator fees and profits. 27. Regulations in regard to totalisators. 28. Regulations. 29. Expenses. 30. Short title, commencement and duration.
Acts Referred to Courts of Justice Act, 1924 No. 10 of 1.924
Number 38 of 1926.
BETTING ACT, 1926.
AN ACT TO MAKE PROVISION FOR THE BETTER REGULATION AND CONTROL OF PERSONS ENGAGED IN THE BUSINESS OF BOOK-MAKING, TO REGULATE AND CONTROL THE USE OF TOTALISATORS, AND FOR THOSE AND OTHER PURPOSES TO AMEND THE LAW RELATING TO BETTING AND BETTING-HOUSES. [28th July, 1926.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
	Definitions.	1.—In this Act—
	the expression “the Minister” means the Minister for Finance;
	the expression “licensed bookmaker” means a person (not being a body corporate or an unincorporated body of persons) who is the holder of a bookmaker's licence issued to him under this Act and for the time being in force;
	the word “premises” means any house or other building and includes a defined part of a house or other building;
	the expression “registered premises” means premises for the time being registered in the register of bookmaking offices established and maintained under this Act;
	the word “proprietor” means the person entitled to the exclusive occupation of the premises in relation to which the word is used, and, where the context so admits, includes a number of persons jointly so entitled, the expression “registered proprietor” means a person who is for the time being entered in the said register of bookmaking offices as the proprietor of premises registered in that register, and where the context so admits the said expression includes a number of persons entered in the said register as joint proprietors of premises so registered;
	the word “totalisator” means an apparatus or organisation by means of which an unlimited number of persons can each stake money in respect of a future event on the terms that the amount to be won by the successful stakers is dependent on or to be calculated with reference to the total amount staked by means of the apparatus or organisation in relation to that event but not necessarily on the same contingency, and the said word includes all offices, tickets, recorders, and other things ancillary or incidental to the working of the apparatus or organisation, the word “bet” includes wager, and cognate words shall be construed accordingly;
	the word “prescribed” when used in relation to the District Court or a member of the Gárda Síochána means prescribed by the Minister for Justice and when used in relation to the Revenue Commissioners means prescribed by the Minister for Finance.
	Prohibition of acting as bookmaker without licence.	2.—(1) No person shall carry on business or act as a bookmaker or hold himself out or represent himself to be a bookmaker or a licensed bookmaker unless he holds a bookmaker's licence granted to him under this Act and for the time being in force.
	(2) Every person who carries on business or acts as a bookmaker in contravention of this section and every person who holds himself out or represents himself to be a bookmaker or a licensed bookmaker in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to an excise penalty of five hundred pounds
	Certificate of personal fitness.	3.—(1) Any person (other than a body corporate or an un-incorporated body of persons) desiring to obtain a bookmaker's licence may apply in the prescribed manner to the Superintendent of the Gárda Síochána of the district in which he has or proposes to have an office registered under this Act or, if he has not and does not propose to have any such office, to the Superintendent of the Gárda Síochána for the district in which he ordinarily resides for a certificate (in this Act referred to as a certificate of personal fitness) that he is a fit and proper person to have a bookmaker's licence. Such application must be approved by two Peace Commissioners for the district in which the applicant re-sides, whose approval shall be testified by their signature to the application; and an advertisement shall be inserted by the applicant in at least two newspapers circulating in the district of his intention to apply for such bookmaker's licence not less than a fortnight nor more than a month before the date of the making of the application.
	(2) A superintendent of the Gárda Síoehána to whom an application for a certificate of personal fitness is duly made under this section shall, within fourteen days after the receipt of such application, do one or other as he in his discretion shall think proper of the following things, that is to say, either give to the applicant a certificate in the prescribed form that he is a fit and proper person to have a bookmaker's licence or on any one or more of the grounds hereinafter authorised refuse to give such certificate.
	Grounds for refusal of certificate of personal fitness.	4.—A certificate of personal fitness may be refused on any one or more of the following grounds and on no other ground whatsoever, that is to say:—
	(a) that at the time of the application for the certificate arrears of any duty for the time being payable on or in respect of bets are due and owing by the applicant;
	(b) that the applicant had been previously convicted of a crime or of an offence under this Act or had since the commencement of this Act been convicted of an offence under any Act relating to gaming or gaming houses;
	(c) that a bookmaker's licence previously held by the applicant had been revoked under this Act;
	(d) that a previous refusal by a superintendent of the Gárda Síochána to give a certificate of personal fitness had been confirmed on appeal to the District Court;
	(e) that the applicant is by reason of his general character or his known habits not a fit person to hold a bookmaker's licence.
	Issue of bookmaker's licences.	5.—(1) Any person to whom a certificate of personal fitness has been given may within twenty-one days after the issue of such certificate apply to the Revenue Commissioners in writing in the prescribed form for a bookmaker's licence for such period not exceeding one year and commencing on such date not later than fourteen days after the date of the application as he shall specify in the application.
	(2) Upon delivery of such application as aforesaid to the Revenue Commissioners and payment to the Revenue Commissioners by the applicant of the excise duty for the time being required by law to be paid by persons taking out a bookmaker's licence for the period specified in the application, the Revenue Commissioners shall issue to the applicant a bookmaker's licence expressed to be in force for such period not exceeding one year and commencing on such date not being later than fourteen days after the date of such application as shall have been specified in that behalf in such application.
	(3) Every bookmaker's licence shall be in the prescribed form and shall operate and be expressed to authorise the person to whom it is issued (who shall be named therein) to act and carry on business as a bookmaker so long as the licence remains in force, but subject and without prejudice to all restrictions and prohibitions for the time being imposed by law in respect of the places in which the business of bookmaking may be carried on.
	(4) Unless and until revoked under this Act, every bookmaker's licence shall remain in force during the period specified in that behalf therein.
	The register of bookmaking offices.	6.—(1) The Revenue Commissioners shall keep a register (in this Act referred to as the register of bookmaking offices) in the prescribed form of premises in which the business of bookmaking is carried on and shall register therein all such premises as they are by virtue of this Act required to register therein.
	(2) There shall be entered in the register of bookmaking offices in respect of all premises registered therein the name of the proprietor thereof, a precise description of the premises, and such other particulars as shall be prescribed.
	Certificate of suitability of premises.	7.—(1) Any person desiring to register or continue the registration of any premises of which he is the proprietor in the...