Gaming and Lotteries (Amendment) Act 2019

• Jurisdiction: Ireland
• Citation: IR No. 44/2019
• Year: 2019

Number 44 of 2019
GAMING AND LOTTERIES (AMENDMENT) ACT 2019
CONTENTS
1. Definition
2. Amendment of section 2 of Principal Act
3. Prohibition of gaming without permit or licence
4. Gaming permits
5. Gaming licences
6. Amendment of section 15 of Principal Act
7. Register of Gaming Licences
8. Prohibition of lotteries without permit or licence
9. Lotteries held for charitable or philanthropic purposes not requiring permit or licence
10. Lotteries held in conjunction with certain events
11. Lottery permits
12. Lottery licences
13. Prohibition of false statements
14. Lottery tickets
15. Amendment of section 37 of Principal Act
16. Amendment of section 41 of Principal Act
17. Amendment of section 42 of Principal Act
18. Offences
19. Revocation or suspension of licences and permits
20. Amendment of section 47 of Principal Act
21. Amendment of section 48 of Principal Act
22. Amendment of section 50 of Principal Act
23. Regulations
24. Repeals and transitional provision
25. Amendment of Totalisator Act 1929
26. Amendment of Betting Act 1931
27. Short title, collective citation, construction and commencement
Acts Referred to
Betting (Amendment) Act 2015 (No. 7)
Betting Act 1931 (No. 27)
Finance Act 1975 (No. 6)
Gaming and Lotteries Act 1956 (No. 2)
Gaming and Lotteries Acts 1956 and 1970
Totalisator Act 1929 (No. 22)
Number 44 of 2019
GAMING AND LOTTERIES (AMENDMENT) ACT 2019
An Act to amend the Gaming and Lotteries Act 1956 and the Betting Act 1931 ; and to provide for related matters.
[21st December, 2019]
Be it enacted by the Oireachtas as follows:
		Definition
1. In this Act “Principal Act” means the Gaming and Lotteries Act 1956 .
		Amendment of section 2 of Principal Act
2. Section 2 of the Principal Act is amended by the insertion of the following definitions:
	“ ‘gaming machine’ has the same meaning as it has in the Finance Act 1975 ;
	‘gaming permit’ has the meaning assigned to it by section 9A (inserted by section 4 of the Gaming and Lotteries (Amendment) Act 2019);
	‘lottery permit’ has the meaning assigned to it by section 27B (inserted by section 11 of the Gaming and Lotteries (Amendment) Act 2019);
	‘prescribed’ means prescribed by regulations made by the Minister;
	‘relevant officer’ has the same meaning as it has in the Betting Act 1931 ;”.
		Prohibition of gaming without permit or licence
3. The Principal Act is amended by the substitution of the following section for section 4:
	“4. (1) A person shall not promote gaming unless he or she is, or is the employee or agent acting as such of, a person who is the holder of a gaming permit or a gaming licence that is for the time being in force and the gaming is in accordance with the permit or licence.
	(2) A person who contravenes this section shall be guilty of an offence.”.
		Gaming permits
4. The Principal Act is amended by the insertion of the following section after section 9:
	“9A. (1) Subject to the provisions of this section, a person may apply to the superintendent of the Garda Síochána for the district in which the premises to which the application relates is situated for a permit (in this Act referred to as ‘a gaming permit’) authorising the person to engage in gaming at that premises in accordance with this Act.
	(2) An application for a gaming permit shall—
	(a) be in such form as may be specified by the Minister,
	(b) be accompanied by the prescribed fee, and
	(c) be made to the superintendent of the Garda Síochána concerned not less than 60 days before the first day on which it is intended to promote the gaming to which the application relates.
	(3) A person who applies for a gaming permit under this section shall provide the superintendent of the Garda Síochána to whom the application concerned is made with all such information as he or she may request for the purpose of the performance of his or her functions under this section and if the person fails to comply with this subsection, the superintendent may refuse to grant the person the permit.
	(4) A superintendent of the Garda Síochána to whom an application for a gaming permit is made under this section shall, not later than 28 days after receiving the application, either—
	(a) grant the application and issue a gaming permit to the applicant in such form and specifying such matters as the Minister may determine, or
	(b) refuse the application.
	(5) In considering an application under this section, the superintendent of the Garda Síochána shall have regard to the following:
	(a) the character of the applicant, or in the case of a body corporate, of the persons exercising control and management thereof;
	(b) the number of gaming permits already issued in the locality;
	(c) the suitability of the premises or place proposed to be used;
	(d) the kind of gaming proposed to be carried on, including whether the gaming is for a charitable or philanthropic purpose.
	(6) A gaming permit shall not be issued to a person—
	(a) for any kind of gaming in which by reason of the nature of the game, the chances of all the players, including the banker, are not equal,
	(b) to promote gaming for charitable or philanthropic purposes on the same day or in the same place as gaming being promoted other than for charitable or philanthropic purposes, or
	(c) to promote gaming by means of a gaming machine.
	(7) A gaming permit, if not previously revoked or suspended under section 46 (inserted by section 19 of the Gaming and Lotteries (Amendment) Act 2019), shall continue in force for such period not exceeding 12 months as may be specified in the permit and shall then expire.
	(8) A person who holds a gaming permit shall not transfer that permit to any other person and any such purported transfer shall be void and of no effect.
	(9) (a) A person who holds a gaming permit shall not accept a stake from a person under the age of 18 years.
	(b) A person who contravenes paragraph (a) shall be guilty of an offence.
	(c) Where a person is charged with an offence under this subsection it shall be a good defence to such charge to prove that the person so charged believed and had reasonable cause for believing that the person in respect of whom such offence is alleged to have been committed was of or over the age of 18 years.
	(10) A gaming permit shall indicate whether the gaming authorised by the permit is for a charitable or philanthropic purposes or for the benefit of the holder of the permit and shall specify the kind of gaming so authorised.
	(11) The following conditions shall attach to a gaming permit and shall be expressed in the permit:
	(a) the stake in each game shall not be more than €10 for each player;
	(b) no player may win more than the value of €3,000 in each game whether that game is conducted in a single or multiple event;
	(c) if more than one of the same game is conducted at the same time, the total value of the prizes shall not be more than €3,000;
	(d) no stake shall be hazarded by the players with the holder of the gaming permit other than a charge for the right to take part in the game;
	(e) the conditions referred to in paragraphs (a) and (b) and the name of the intended beneficiary shall be prominently displayed at the normal means of access to the premises proposed to be used;
	(f) the hours during which gaming may be carried on.
	(12) A person who holds a gaming permit shall comply with the conditions of the permit.
	(13) A person who contravenes subsection (12) shall be guilty of an offence.
	(14) The Minister may by regulations vary the amounts specified in subsection (11).
	(15) Before making regulations under this section the Minister shall have regard to the following:
	(a) the number of gaming permits and licences in force under this Act at that time;
	(b) the potential impact of any such variation on gaming generally;
	(c) the impact of gaming on society in general.
	(16) Every superintendent of the Garda Síochána shall keep a register of all gaming permits—
	(a) issued by him or her under this section, and
	(b) any such permits revoked or suspended under section 46 (inserted by section 19 of the Gaming and Lotteries (Amendment) Act 2019).
	(17) Every register maintained under this section shall be open for inspection at all reasonable times by members of the public.
	(18) A person to whom a gaming permit has been refused under this section may appeal the refusal to a judge of the District Court assigned to the District Court district in which the premises to which the application relates is situated.”.
		Gaming licences
5. The Principal Act is amended by the substitution of the following section for section 14:
	“14. (1) The following conditions shall attach to a gaming licence:
	(a) the stake in each game shall not be more than €5 for each player;
	(b) no player may win more than €500 in each game.
	(2) The Minister may by regulations vary the amounts specified in subsection (1).
	(3) Before making regulations under this section the Minister shall have regard to the following:
	(a) the number of gaming permits and licences in force under this Act at that time;
	(b) the potential impact of any such variation on gaming generally;
	(c) the impact of gaming on society in general.
	(4) (a) A person who holds a gaming licence shall not accept a stake from a person under the age of 18 years.
	(b) A person who contravenes paragraph (a) shall be guilty of an offence.
	(c) Where a person is charged with an offence under this subsection it shall be a good defence to such charge to prove that the person so charged believed and had reasonable cause for believing that the person in respect of whom such offence is alleged to have been committed was of or over the...