Betting Act , 1931

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 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.

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 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.

3 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.

4 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.

5 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.

6 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 gaming or gaming houses or to betting (other than the Ready Money Football Betting Act, 1920) or has since the commencement of the Betting Act, 1926, been twice or oftener convicted of an offence under the Ready Money Football Betting Act, 1920;

(c) that a bookmaker's licence held by the applicant under this Act or the Betting Act, 1926, was revoked;

(d) that a previous refusal by a superintendent of the Gárda Síochána to give a certificate of personal fitness under this Act or under the Betting Act, 1926, 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;

(f) that the financial circumstances of the applicant are not such as to render him a fit person to hold a bookmaker's licence;

(g) in the case of an applicant who had previously held a bookmaker's licence under this Act or the Betting Act, 1926, that he had without reasonable cause failed or refused to pay sums payable to persons who had won bets made with him;

(h) that the applicant had ordinarily resided in Saorstát Eireann for less than twelve months before making the application;

(i) that, in the case of an applicant who previously held a bookmaker's licence under this Act or the Betting Act, 1926, the business of bookmaking had been conducted by him in a disorderly manner or in such a manner as to cause or encourage persons to congregate and loiter in or outside the premises where such business was conducted or he had permitted persons to loiter in such premises;

(j) that the applicant is acting as agent for a person whose application would be refused on one or other of the grounds set out in the foregoing paragraphs of this section;

(k) except in the case of an applicant who is at the passing of this Act the holder of a bookmaker's licence issued under the Betting Act, 1926, and is continuously from the date of such passing up to and including the time of making such application the holder of a bookmaker's licence issued under the Betting Act, 1926, or this Act and for the time being in force, that such applicant is the holder of a pawnbroker's licence or is a registered moneylender.

7 Issue of bookmakers' licences.

7.—(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 commencing on such date (being either the next following 1st day of December or a day not more than fourteen days after the date of the application) as he shall specify in the application.

(2) Every application under this section for a bookmaker's licence shall be accompanied by a photograph of the applicant of the prescribed character and size and taken not more than one year before the date of the application.

(3) Upon delivery to the Revenue Commissioners of an application under this section for a bookmaker's licence and payment to the Revenue Commissioners by the applicant of the excise duty required by law to be paid by persons taking out such licence as is specified in such application, the Revenue Commissioners shall issue to the applicant a bookmaker's licence in accordance with this section.

(4) Every bookmaker's licence shall be in the prescribed form, and shall state the name and place of residence of the person to whom it is issued and shall have affixed thereto by adhesion the photograph of such person required by this section to be sent by him with the application for such licence, and shall operate and be expressed to authorise such person to act and carry on business as a bookmaker during the period commencing on the date specified therein (which shall be the date specified in that behalf in the application for such licence) and ending at midnight on the next following 30th day of November, 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.

8 The register of bookmaking offices.

8.—(1) The Revenue Commissioners shall continue to keep in the prescribed form the register (in this Act referred to as the register of bookmaking offices) established and heretofore kept by them under the Betting Act, 1926, 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.

9 Continuance of existing registrations of premises.

9.—(1) All premises which immediately before the commencement of this Act are registered in the register of bookmaking offices kept under the Betting Act, 1926, shall from and after such commencement continue for the period hereinafter mentioned to be registered in that register and shall be deemed to be so registered under this Act and this Act shall apply accordingly.

(2) Premises continued in the register of bookmaking offices under this section shall, unless and until removed from the said register under this Act, continue to be so registered until midnight on the 30th day of November next after the commencement of this Act and shall then (unless such registration has been renewed under this Act) be removed from the said register.

10 Certificate of suitability of premises.

10.—(1) Any person desiring to register or renew the registration of any premises of which he is the proprietor in the register of bookmaking offices 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 such 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 bookmaking offices.

(2) Every person intending to apply under this section for a certificate of suitability of premises 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 in which the premises to which such intended application relates are situate.

(3) Every application under this section for a certificate of suitability of premises shall be made in the prescribed manner and on the prescribed form and shall be approved of and signed by two Peace Commissioners for the district in which the premises to which the application relates are situate.

(4) 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.

11 Grounds for refusal of certificate of suitability of premises.

11.—(1) 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 kept under this Act or under the Betting Act, 1926, 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 offices and during such registration or during the registration of such premises in the register of bookmaking offices kept under the Betting Act, 1926, 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 Act, the Betting Act, 1926, 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 kept under this Act, or under the Betting Act, 1926, 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 or outside the premises or that while the applicant was such registered proprietor he had permitted persons to loiter in such 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 or outside the premises;

(k) if the application is in respect of premises which are not registered premises at the time the application is made, that there are already an excessive number of registered premises in the district in which the premises to which the application relates are situate;

(l) when the application is in respect of premises which did not before the 28th day of July, 1926, form part of premises licensed for the sale of intoxicating liquor, that the applicant is the holder of a licence for the sale of intoxicating liquor;

(m) if the application is in respect of premises which are not registered premises at the time the application is made, that the annual value under the Valuation Acts of such premises is, in the case of premises situate in the county borough of Dublin, less than fifteen pounds, in the case of premises situate in any other county borough, or in the borough of Dun Laoghaire, less than ten pounds, or in the case of premises situate elsewhere, less than five pounds;

(n) except in the case of an applicant who is at the passing of this Act the registered proprietor of the premises under the Betting Act, 1926, and is continuously from the date of such passing up to and including the time of making the application the registered proprietor of the premises under the Betting Act, 1926, or this Act, that such applicant is the holder of a pawnbroker's licence or is a registered moneylender.