DPP v Olympic Amusements

• Jurisdiction: Ireland
• Judge: FINLAY C.J.
• Judgment Date: 01 January 1987
• Neutral Citation: 1986 WJSC-SC 559
• Court: Supreme Court
• Date: 01 January 1987

1986 WJSC-SC 559

THE SUPREME COURT

Finlay C.J.

Walsh J.

Griffin J.

Hederman J.

McCarthy J.

86/86

DPP v. OLYMPIC AMUSEMENTS (BUNDORAN) LTD

BETWEEN

THE DIRECTOR OF PUBLIC PROSECUTIONS

Complainant/

Respondent

and

OLYMPIC AMUSEMENTS (BUNDORAN) Limited

Defendant/

Applicant

Citations:

COSTELLO V DPP 1984 ILRM 413, 1984 IR 436

FINANCE ACT 1975 S43

FINANCE ACT 1975 S43(13)

FINANCE ACT 1975 S43(3)

FINANCE ACT 1975 S43(4)

GAMING & LOTTERIES ACT 1956 S14

GAMING & LOTTERIES ACT 1956 S15

GAMING & LOTTERIES ACT 1956 S15(4)

GAMING & LOTTERIES ACT 1956 S19

GAMING & LOTTERIES ACT 1956 S4

GAMING & LOTTERIES ACTS 1956–1979

Synopsis:

CRIMINAL LAW

Offence

Proof - Unlawful gaming - Defendant holding gaming licence for premises - Gaming by use of gaming machine on defendant's premises - Defendant also holder of gaming machine licence issued pursuant to s.43 of Act of 1975 - Gaming unlawful by reason of stakes and prizes exceeding limits imposed by Act of 1956 - Held that licence under s.43 irrelevant to defence to charges of offences contrary to Act of 1956 - Gaming and Lotteries Act, 1956, ss.4, 14, 15 - Finance Act, 1975, s.43 - (86/86 - Supreme Court - 30/6/86) - [1987] ILRM 320

|Director of Public Prosecutions v. Olympic Amusements|

GAMING AND LOTTERIES

Licences

Effect - Gaming licence - Gaming machine licence - Defendant providing facilities for gaming by gaming machine on premises - Gaming unlawful because stakes and prizes exceeded statutory limits - Defendant being holder of gaming licence issued under s.19 of Act of 1956 for premises - Defendant also holder of gaming machine licence issued under s.43 of Act of 1975 in respect of gaming machine on premises - Held that unlawful gaming contrary to Act of 1956 not excused by issue of licence under s.43 of Act of 1975 - Gaming and Lotteries Act, 1956, ss. 4, 14, 15 - Finance Act, 1975, s.43 - (86/86 - Supreme Court - 30/6/86) - [1987] ILRM 320

|Director of Public Prosecutions v. Olympic Amusements|

1 JUDGMENT delivered on the 30th day of June 1986 by FINLAY C.J.(NEM DISS)

2 This is a Consultative Case Stated to this Court by Judge David Sheehy, Judge of the Northern Circuit. It arises out of an appeal brought by the Applicant, Olympic Amusements (Bundoran) Limited, against a conviction recorded against them by the District Court in Ballyshannon on charges of offences contrary to the Gaming and Lotteries Acts 1956to 1979.

3 The question upon which the opinion of this Court is sought is: "Does the holder of a gaming machine licence pursuant to Section 43 of the Finance Act 1975, commit a criminal offence under Section 4 of the Gaming and Lotteries Act 1956where the alleged offence is in respect of a gaming machine the subject matter of the said gaming machine licence?"

4 The facts found on the Case Stated indicate that the Applicants on the date the subject matter of the charge had in their amusement hall in Bundoran a number of gaming machines in which both the stake to be hazarded and the amount which could be won exceeded the statutory limits of 2½ and 50p, respectively.

5 They were at the time of those alleged offences the holders of a gaming licence granted pursuant to the provisions of the Gaming and Lotteries Act 1956and, in addition, were the holders of a gaming machine licence granted pursuant to Section 43 of the Finance Act 1975. The net issue arising in the case was whether the effect of Section 43 of the Finance Act 1975was to make the operation of a gaming machine in respect of which a licence was issued by the Revenue Commissioners under that Section lawful, even though it was in breach of the provisions of the Gaming and Lotteries Act 1956.

The relevant provisions of the Gaming and Lotteries Act 1956

6 By Section 4 of the Act of 1956 as amended gaming by any slot machine is prohibited and made unlawful.

7 By Section 15 of the Act of 1956 the District Court may grant a certificate authorising the issue of a licence permitting gaming at an amusement hall or funfair. By virtue of subsection (4) of Section 15 the Court may attach to the certificate conditions limiting the hours during which gaming may be carried on; restricting the kinds of gaming and the extent to which particular kinds of gaming may be carried on; limiting the amount of the stakes and of prizes; and prohibiting or restricting gaming by persons under specified...