Betting Act , 1926

1 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.

2 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

3 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.

4 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.

5 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.

6 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.

7 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 register of bookmaking offices may apply in the prescribed manner to the superintendent of the Gárda Síochána of the district in which the premises are situate for a certificate (in this Act referred to as a certificate of suitability of premises) that such premises are suitable for registration in the register of book-making offices. Such application must be approved by two Peace Commissioners for the district in which the applicant resides, 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 certificate 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 Síochána to whom an application for a certificate of suitability of premises is duly made under this section shall, if he is satisfied that the applicant is either a licensed bookmaker or the holder of a certificate of personal fitness issued after or not more than seven days before the date of the application, do one or other as he in his discretion shall think proper of the following things within fourteen days after the receipt by him of such application, that is to say, either give to the applicant a certificate in the prescribed form that the premises the subject of the application are suitable for registration in the register of bookmaking offices or on any one or more of the grounds hereinafter authorised refuse to give such certificate.

8 Grounds for refusal of certificate of suitability of premises.

8.—A certificate of suitability of premises may be refused on any one or more of the following grounds and on no other ground whatsoever, that is to say:—

(a) that the applicant is neither a licensed bookmaker nor the holder of a certificate of personal fitness;

(b) that the applicant is not the proprietor of the premises;

(c) that the premises are in close proximity to a place of worship, a religious institution, a school, an employment exchange, a factory or works, or other similar place in or near which large numbers of persons congregate, or are situate in a residential area;

(d) that the premises are in close proximity to premises known to be resorted to habitually by evilly-disposed persons;

(e) that the premises communicate internally with other premises;

(f) that the premises had previously been registered in the register of bookmaking offices and had been removed from that register pursuant to an order of the court;

(g) that the premises are registered in the register of bookmaking premises and during such registration irregularities had occurred owing to the close proximity of the premises to premises licensed for the sale of intoxicating liquor;

(h) that the applicant had previously been convicted of an offence under this or any other Act in relation to the premises or in relation to any other registered premises of which he was the registered proprietor at the time the offence was committed;

(i) if the premises are or had been previously registered in the register of bookmaking offices, that at some time while the applicant was the registered proprietor thereof the business of bookmaking had been conducted therein in a disorderly manner or in such manner as to cause or encourage persons to congregate and loiter in large numbers in or outside the premises;

(j) that the applicant is or had previously been the registered proprietor of other registered premises and that the business of bookmaking is being or had while the applicant was such registered proprietor been conducted in such premises in a disorderly manner or in such manner as to cause or encourage persons to congregate and loiter in large numbers in or outside the premises.

9 Registration in register of bookmaking offices.

9.—(1) Any licensed bookmaker to whom a certificate of suitability of premises has been given in respect of any premises of which he is the proprietor may within twenty-one days after the issue of such certificate apply to the Revenue Commissioners in writing in the prescribed form to register or renew the registration of the premises mentioned in such certificate in the register of bookmaking premises and upon delivery of such application 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 on the registration or the renewal of the registration of premises in the register of bookmaking offices, the Revenue Commissioners shall register or renew the registration of the said premises in the register of bookmaking offices and shall issue to the applicant a certificate in the prescribed form of such registration or renewal of registration.

(2) Unless and until removed from the register under or by virtue of this Act, any premises registered in the register of bookmaking offices shall continue to be so registered until midnight on the 31st day of October next after the registration thereof and shall then (unless the registration has been renewed under this Act) be removed from the said register.

(3) Every renewal of the registration of any premises in the register of bookmaking offices shall commence and take effect as from the expiration of the registration or the last renewal of the registration (as the case may require) of the said premises in the said register and, unless and until removed from the register under or by virtue of this Act, such premises shall continue so registered until midnight on the 31st day of October next after the commencement of such renewal and shall then (unless the registration is again renewed under this Act) be removed from the said register.

(4) An application for the renewal of the registration of any premises in the register of bookmaking offices shall be made before but not more than fourteen days before the expiration of the registration or the last renewal of the registration of such premises in the said register.

10 Appeals from refusal of certificate.

10.—(1) Whenever a superintendent of the Gárda Síochána refuses to give a certificate of personal fitness or a certificate of suitability of premises, he shall, on demand made by the applicant for the certificate within six days after the refusal, give to such applicant a statement in writing in the prescribed form of the grounds on which he refused to give the certificate.

(2) Any person to whom a certificate of personal fitness or a certificate of suitability of premises has been refused by a superintendent of the Gárda Síochána may, within twenty-one days after receiving from such superintendent a statement in writing of the grounds of such refusal, appeal in the prescribed manner from such refusal to the District Court.

(3) Every person who appeals to the District Court under this section shall in the prescribed manner and within the prescribed time give notice of such appeal to the said superintendent of the Gárda Síochána and also to the Revenue Commissioners.

(4) On the hearing of any such appeal the District Court may either confirm or disallow the refusal of the certificate, and, whenever the District Court so disallows a refusal of the certificate, the said superintendent of the Gárda Síochána shall within three days after such disallowance give to the appellant a certificate of personal fitness or a certificate of suitability of premises, as the case may require.

(5) The following provisions shall apply to every appeal under this section, that is to say:

(a) no party except the superintendent of the Gárda Síochána and the Revenue Commissioners shall be heard in opposition to the appeal;

(b) Section 27 of the Inland Revenue Regulation Act, 1890, shall apply to the appeal in like manner as it applies to the proceedings relating to inland revenue;

(c) any ground of refusal mentioned in the written statement of grounds of refusal and no other ground may be advanced in opposition to the appeal;

(d) whenever the refusal is confirmed the Court may order the appellant to pay the costs of the superintendent of the Gárda Síochána and may measure the amount of such costs;

(e) no appeal shall lie to the Circuit Court under section 84 of the Courts of Justice Act, 1924 (No. 10 of 1.924).

11 Temporary licences and registration pending appeal.

11.—(1) Whenever an application for a certificate of personal fitness is refused by a superintendent of the Gárda Síochátia and an appeal from such refusal to the District Court is lodged, then if the applicant at the time of making the application was and had been for not less than nine months previously a licensed bookmaker, the Revenue Commissioners may, without payment of any duty but subject to such conditions as they may think fit to impose, issue to such applicant a temporary bookmaker's licence for such period not extending beyond the expiration of seven days after the decision of such appeal as they may think fit, and every such temporary bookmaker's licence shall while it remains in force be a bookmaker's licence within the meaning of this Act.

(2) Whenever an application for a certificate of suitability of premises in respect of premises which are registered premises at the date of such application is refused by the superintendent of the Gárda Síochána and an appeal from such refusal to the District Court is lodged the Revenue Commissioners may, without the payment of any duty but subject to such conditions as they may think fit to impose, retain such premises on the register of bookmaking offices pending the decision of such appeal.

12 Cancellation of licences or registration by court.

12.—(1) Whenever a licensed bookmaker is convicted of any crime or of any offence under this or any other Act and the Court by or before whom such bookmaker is so convicted is of opinion that such crime or offence was of such nature or character or was committed in such circumstances that the commission thereof rendered such bookmaker unfit to continue to hold a bookmaker's licence, such Court may when imposing sentence revoke the bookmaker's licence held by such bookmaker.

(2) Whenever the registered proprietor of any registered premises is convicted of an offence under any section of this Act in relation to such premises and the Court by or before whom such proprietor is so convicted is of opinion that, having regard to the nature and character of the offence and the circumstances in which it was committed, it is not expedient that such premises should continue to be registered in the register of bookmaking offices, such Court may, when imposing sentence and with or without revoking the bookmaker's licence held by such proprietor direct that such premises be removed from the register of bookmaking offices.

(3) Whenever a bookmaker's licence is revoked by a court under this section or a court directs under this section any registered premises to be removed from the register of bookmaking offices, the registrar, clerk, or other principal officer of such court shall communicate the fact of such revocation or such direction (as the case may be) to the Revenue Commissioners and the Revenue Commissioners shall thereupon record such revocation or remove such premises from the register of bookmaking offices, as the case may require.