Gaming and Lotteries Act , 1956

PART I. Preliminary and General.

1. Short title and commencement.

(2)This Act shall come into operation on such day as the Minister shall by order appoint.

2. Definitions.

“ banker ” in relation to a game means the banker or other person by whom the game is managed, or against whom the other players stake, play or bet;

“ gaming ” means playing a game (whether of skill or chance or partly of skill and partly of chance) for stakes hazarded by the players;

“ gaming instrument ” means any table or instrument of gaming and any coin, card, token or other article used as an instrument or means of gaming;

“ gaming licence ” means a licence under section 19;

F1[“gaming machine”has the same meaning as it has in the Finance Act 1975;

“gaming permit”has the meaning assigned to it bysection 9A(inserted by section 4 of the Gaming and Lotteries (Amendment) Act 2019);]

“ local authority ” means a body being the council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town;

“ lottery ” includes all competitions for money or money's worth involving guesses or estimates of future events or of past events the results of which are not yet ascertained or not yet generally known;

“ lottery licence ” means a licence under section 28;

F1[“lottery permit”has the meaning assigned to it bysection 27B(inserted by section 11 of the Gaming and Lotteries (Amendment) Act 2019);]

“ the Minister ” means the Minister for Justice;

F1[“prescribed”means prescribed by regulations made by the Minister;]

“ public place ” means any place to which the public have access whether as of right or by permission and whether subject to or free of charge;

F1["relevant officer" has the same meaning as it has in the Betting Act 1931;]

“ society ” includes a club, institution, organisation or other association of persons by whatever name called;

“ stake ” includes any payment for the right to take part in a game and any other form of payment required to be made as a condition of taking part in the game but does not include a payment made solely for facilities provided for the playing of the game;

“ Superintendent ” includes an Inspector acting as Superintendent.

3. Repeals.

PART II. Gaming.

4. Unlawful gaming.

(2) A person who contravenes this section shall be guilty of an offence.]

5. Use of places for unlawful gaming.

5.—F3[…]

6. Gaming at circus or travelling show.

7. Gaming at carnivals.

7.— F5[…]

8. Residence qualifications for promoters of gaming.

9. Gaming on licensed premises.

9A. F8[Gaming permits

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 undersection 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 contravenesparagraph (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 inparagraphs (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 contravenessubsection (12)shall be guilty of an offence.

(14) The Minister may by regulations vary the amounts specified insubsection (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.]

10. Prohibition of slot-machines.

10.— F10[…]

11. Cheating.

11.— F11[…]

PART III. Licensing of Amusement Halls and Funfairs.

12. Application of this Part.

13. Adoption of this Part by local authority.

(2)For the purpose of this section the administrative area of the council of a county shall not include any borough, urban district or town.

(3)A resolution shall not have effect unless not less than one month's notice of the intention to propose it has been given in writing to every member of the local authority and has been published by advertisement in at least two newspapers circulating in the area to which the proposal relates.

(4)A local authority on passing a resolution shall cause notice of the fact to be published in at least two newspapers circulating in the area to which the resolution relates and shall as soon as may be send a copy of the resolution to the Minister.

(5)Evidence of the passing of a resolution may be given by the production of a copy of a newspaper containing the notice or by the production of a certificate to that effect purporting to be under the seal of the local authority.

14. Licensed amusement hall and funfair.

F12[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 insubsection (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 contravenesparagraph (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.]

15. Certificate for gaming licence.

(2)A certificate shall not be granted unless forms of entertainment other than gaming are also provided.

(3)F13[…]

(4) F14[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.]

(5)The certificate shall specify the period in the particular year to which it relates for which the licence is to be issued.

(6)A certificate granted under this section shall not be invalidated by the subsequent rescission of a resolution under section 13.

16. Notice of application for certificate.

(b)The notice shall state the number and kinds of games proposed to be carried on and the other forms of amusement to be provided.

(2)The applicant shall also cause a notice of his intention to be published at least fourteen days before the hearing in a newspaper circulating in the locality.

17. Hearing of application.

(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 licences already in force in the locality,

(c)the suitability of the premises or place proposed to be used,

(d)the class of persons likely to resort to it, and, if the applicant held a gaming licence for that or any other premises or place in the previous year, the manner in which he conducted it, and

(e)the kinds of gaming proposed to be carried on.

(2)At the hearing, the local authority, the Superintendent of the Garda Síochána and any other person who appears to the Court to be interested may appear and may adduce evidence in relation to the application.

18. Appeal in respect of application for certificate.

(a)by the applicant for a certificate—from an order of the District Court refusing the application,

(b)by the applicant—from any particular part of an order of the District Court granting a certificate, and

(c)by any person who at the hearing opposed the application—from an order or any particular part of an order of the District Court granting the certificate.

(2)A certificate granted by the District Court shall remain in full force until altered or revoked on appeal.

(3)Where, in the case of the refusal of a certificate by the District Court, the applicant is the holder of a subsisting licence the licence shall continue in force pending the determination of an appeal against such refusal.

19. Issue of licence.

F17[Provided that, notwithstanding anything to the contrary in any other enactment, any licence commencing on or after the 1st day of October, 1993, shall not be granted by the Revenue Commissioners unless a tax clearance certificate in relation to that licence has been issued in accordance withF18[section 1094 of the Taxes Consolidation Act, 1997].]

19A. F19[Register of Gaming Licences

19A. —(1)The Revenue Commissioners shall establish and maintain a register to be known, and in this Act referred to, as the "Register of Gaming Licences" of the gaming licences issued by it under this Act.

(2)The Revenue Commissioners may amend an entry in or delete an entry from the Register of Gaming Licences.

(3)The Revenue Commissioners shall enter the following particulars in the Register of Gaming Licences:

(a)the name and trading name (if different) of each licensee;

(b)the address at which each licensee ordinarily resides or the address of his or her principal office or place of business;

(c)the address of the premises (if any) at which the licensee carries on gaming;

(d)in the case of a licensee that is a body corporate, the name of the relevant officers of the body corporate;

(e)such other particulars as may be specified by the Minister for Finance.

(4)The Revenue Commissioners shall cause the Register of Gaming Licences to be published on the internet or in such other manner as they consider appropriate.]

20. Display of notice by licensee.

PART IV. Lotteries.

21. Prohibition of lotteries.

22. Advertisement of lotteries.

22A. F22[Non-Application of Section 22

22A.—F23[…]]

23. Private lotteries.

23.— F24[…]

24. Lotteries at dances and concerts.