Betting Act, 1931

• Jurisdiction: Ireland
• Citation: IR No. 27/1931
• Year: 1931

Number 27 of 1931.
BETTING ACT, 1931.
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Prohibition of acting as bookmaker without licence. 3. Continuance of existing licence. 4. Certificate of personal fitness of resident in Saorstát Eireann. 5. Certificate of personal fitness of resident outside Saorstát Eireann. 6. Grounds for refusal of certificate of personal fitness. 7. Issue of bookmakers' licences. 8. The register of bookmaking offices. 9. Continuance of existing registrations of premises. 10. Certificate of suitability of premises. 11. Grounds for refusal of certificate of suitability of premises. 12. Registration in register of bookmaking offices. 13. Appeal from refusal of certificate. 14. Temporary licence and registration pending appeal. 15. Revocation of licence or registration by court. 16. Revocation of certain licences by the Minister for Justice. 17. Removal of premises from register of bookmaking offices. 18. Provisions as to joint registered proprietors. 19. Business permitted in registered premises. 20. Certain restrictions on the use of registered premises. 21. Hours of business in registered premises. 22. Prohibition of bets under one shilling. 23. Prohibition of betting with persons under the age of eighteen. 24. Display of certificate of registration. 25. Production of bookmakers' licences on demand. 26. Powers of entry and investigation. 27. Saving for bookmakers' assistants. 28. Saving for clerks and assistants in registered premises. 29. Persons under eighteen years in betting offices. 30. Loitering near registered premises. 31. Penalty for false statement of age. 32. Prohibition of advertisement, etc., relating to betting on football games. 33. Prohibition of betting with persons outside Saorstát Eireann. 34. Powers of the Minister for Posts and Telegraphs. 35. Regulations. 36. Expenses. 37. Repeals. 38. Short title and commencement.
SCHEDULE.
Enactments Repealed.
Acts Referred to Courts of Justice Act, 1924 No. 10 of 1924 Betting Act, 1926 No. 38 of 1926
Number 27 of 1931.
BETTING ACT, 1931.
AN ACT TO MAKE PROVISION FOR THE BETTER REGULATION AND CONTROL OF PERSONS ENGAGED IN THE BUSINESS OF BOOKMAKING, AND FOR THAT AND OTHER PURPOSES TO AMEND THE LAW RELATING TO BETTING AND BETTING-HOUSES. [23rd July, 1931.]
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 or deemed to have been 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 kept by the Revenue Commissioners 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 “bet” includes wager, and cognate words shall be construed accordingly;
	the word “prescribed” when used in relation to the District Court, a member of the Gárda Síochána, or the Minister for Justice means prescribed by regulations made under this Act by the Minister for Justice and in every other case means prescribed by regulations made under this Act 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 issued or deemed to have been issued 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.
	Continuance of existing licence.	3.—(1) Every licence issued under the Betting Act, 1926 , authorising a person to act and carry on business as a bookmaker which is in force at the commencement of this Act shall be deemed to be a bookmaker's licence issued under this Act and the provisions of this Act (other than the provisions relating to the duration of a bookmaker's licence) shall apply accordingly.
	(2) Every licence deemed by this section to be a bookmaker's licence issued under this Act shall, unless and until revoked under this Act, continue in force during the period specified in that behalf in such licence and no longer, save that, where such period expires during or at the end of the month of October or during the month of November next after the commencement of this Act, such licence shall continue in force until midnight on the 30th day of November next after such commencement.
	Certificate of personal fitness of resident in Saorstát Eireann.	4.—(1) Any person (other than a body corporate or an unincorporated body of persons) who is ordinarily resident in Saorstát Eireann and desires to obtain a bookmaker's licence may, after publishing the notice hereinafter mentioned, apply in accordance with this section to the superintendent of the Gárda Síochána for 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 hold a bookmaker's licence.
	(2) Every person intending to apply under this section for a certificate of personal fitness shall, not less than one fortnight nor more than one month before making such application, publish notice of his intention to make such application at least once in each of two newspapers circulating in the district of the superintendent to whom he intends to make such application.
	(3) Every application under this section for a certificate of personal fitness shall be made in the prescribed manner and on the prescribed form and shall be approved of and signed by two Peace Commissioners in the district of the superintendent to whom the application is made.
	(4) A superintendent of the Gárda Síochána 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 hold a bookmaker's licence or on any one or more of the grounds hereinafter authorised refuse to give such certificate.
	Certificate of personal fitness of resident outside Saorstát Eireann.	5.—(1) Any person (other than a body corporate or an unincorporated body of persons) who is ordinarily resident outside Saorstát Eireann and desires to obtain a bookmaker's licence may, after publishing the notice hereinafter mentioned, apply in the prescribed manner and form to the Minister for Justice for a certificate (included in the references in this Act to a certificate of personal fitness) that he is a fit and proper person to hold a bookmaker's licence.
	(2) Every person intending to apply under this section for a certificate of personal fitness shall, not less than one fortnight nor more than one month before making such application, publish notice of his intention to make such application at least once in a daily newspaper published and circulating in the City of Dublin.
	(3) On receiving an application under this section for a certificate of personal fitness the Minister for Justice may in his absolute discretion either give to the applicant a certificate in the prescribed form that such applicant is a fit and proper person to hold a bookmaker's licence or may on any ground and without stating the ground refuse to give such certificate.
	Grounds for refusal of certificate of personal fitness.	6.—A superintendent of the Gárda Síochána may refuse an application for a certificate of personal fitness 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 under the Betting Act, 1926 , or of an offence in relation to the duty on bets or has since the commencement of the Betting Act, 1926 , been convicted of an offence under any Act relating to...