Irish Horseracing Industry Act , 1994

(3)The members of the Bookmakers Appeal Committee shall be appointed by the Minister and shall be eligible for re-appointment and each appointment shall, subject to subsection (5), be for a period of 3 years and, subject to the provisions of this section, each such member shall hold office as such member upon such terms and conditions as the Minister may determine at the time of his appointment.

(4)A member of the Bookmakers Appeal Committee may, by letter addressed to the Minister, resign his membership.

(5)The term of office of a member of the Bookmakers Appeal Committee appointed to fill a casual vacancy on the Committee shall be the remainder of the term of office of the member in relation to whom the vacancy occurred.

(6)Where the chairman of the Bookmakers Appeal Committee is temporarily unable to act, he shall appoint another member to act in his place.

(7)The quorum of the Bookmakers Appeal Commitee shall be 3.

(8)A determination shall not be made by the Bookmakers Appeal Committee unless a majority of the Bookmakers Appeal Committee hearing the appeal are in favour of the determination.

(9)A member of the Bookmakers Appeal Committee (other than a judge) shall be paid by the Authority such remuneration (if any) and allowances for expenses (if any) as the Authority determines, with the consent of the Minister and the Minister for Finance, and the expenses (including that of a judge) of the Committee shall, be paid by the Authority.

57. Appeals against decisions of Authority in relation to course-betting permits and course-betting representative permits.

57.—(1)Where the Authority refuses to grant a course-betting permit to a licensed bookmaker, or a course-betting representative permit to an authorised bookmaker or suspends or revokes a course-betting permit or a course-betting representative permit held by an authorised bookmaker, that bookmaker may within the period of 14 days beginning on the day on which the Authority decides on the refusal, suspension or revocation, appeal in writing to the Bookmakers Appeal Committee against the refusal, suspension or revocation.

(2)(a)The Bookmakers Appeal Committee, after conducting a hearing in relation to an appeal under this section, shall either refuse the appeal or—

(i)in the case of an appeal against the refusal of a permit, direct the Authority to grant a permit,

(ii)in the case of an appeal against the suspension of a permit, annul the suspension, vary the period of the suspension or the date on which it is to begin or both, or annul the suspension and direct the Authority to revoke a permit, or

(iii)in the case of an appeal against the revocation of a permit, annul the revocation or annul the revocation and direct the Authority to suspend the permit for a period beginning and ending on dates specified by the Committee.

(b)The Authority shall comply with a direction given under this section.

(3)At a hearing conducted by the Bookmakers Appeal Committee in relation to an appeal under this section—

(a)the appellant may appear in person or be represented by counsel, solicitor or agent,

(b)the Authority may be represented by counsel or solicitor or by an officer of the Authority,

(c)the appellant and the Authority may tender any evidence relevant to the appeal, and—

(i)the appellant may examine and re-examine witnesses called by him and cross-examine witnesses called by the Authority, and

(ii)the Authority may examine and re-examine witnesses called by it and cross-examine witnesses called by the appellant,

(d)if, in relation to any witness, the Bookmakers Appeal Committee so determines or either party to the appeal so requests, the Bookmakers Appeal Committee shall require the witness to be examined on oath (which the chairman is hereby empowered to administer).

(4)The Bookmakers Appeal Committee shall cause a hearing in relation to an appeal under this section to be held as soon as may be and shall cause not less than 14 days notice of the date, time and place of the hearing to be given to the appellant and the Authority.

(5)(a)The Bookmakers Appeal Committee may—

(i)summon witnesses to attend hearings conducted by it,

(ii)require any such witness to answer any question relevant to the appeal, and

(iii)require any such witness to produce to it any document or record (including, in the case of any such information in non-legible form, a copy or extract from such information in a permanent legible form) in his possession or control.

(b)A witness before the Bookmakers Appeal Committee shall be entitled to the same immunities and privileges as if he were a witness in the High Court, and claims of privilege and immunity shall be determined by the Committee.

(c)A summons under paragraph (a) (i) shall be signed by at least one member of the Bookmakers Appeal Committee.

(6)(a)A person on being duly summoned as a witness before the Bookmakers Appeal Committee shall appear as such witness, unless before the hearing he gives to the satisfaction of the Committee reasonable cause for not appearing at that hearing.

(b)A person being in attendance as a witness before the Bookmakers Appeal Committee shall—

(i)take any oath which the Committee may legally require him to take,

(ii)answer any question which the Committee may require him to answer under subsection (5) (a) (ii), and

(iii)produce any document or record in his possession or control which the Committee may require him to produce under subsection (5) (a) (iii).

58. Dissolution of Appeal Committee, etc.

58.—(1)On the establishment day the Appeal Committee (established under section 4 of the Act of 1975) shall stand dissolved.

(2)An appeal which, before the establishment day, is pending before the aforesaid Appeal Committee shall be heard and determined as if it was an appeal under section 57.

PART VI Authorised Racecourses

59. Authorised Racecourses.

59.—(1)The Authority shall, subject to such terms and conditions as it thinks fit, grant an authorisation (“a racecourse authorisation”) to a licensed racecourse (“authorised racecourse”) where the Authority considers it is able to provide appropriate facilities and services to carry on horseracing at race-meetings and accommodate persons associated with horseracing (including members of the public watching horseracing).

(2)(a)An authorised racecourse shall be authorised for a period of 5 years—

(i)in the case of a first racecourse authorisation, from such date as the Authority may determine, or

(ii)in the case of a second or subsequent racecourse authorisation, from the day after the expiry of the last authorisation.

(b)Application for a racecourse authorisation shall be made by the executive of the licensed racecourse concerned to the Authority and shall be in such form and contain such information as the Authority may decide.

(3)The Authority may where it has reasonable grounds to believe that an authorised racecourse is not complying with any term or condition of a racecourse authorisation revoke or suspend (for such period as it thinks fit) the authorisation.

(4)An authorised racecourse (within the meaning of the Act of 1945) in existence immediately before the establishment day shall on that day be deemed to be an authorised racecourse for a period of two years.

(5)The Authority may, as it sees fit, from time to time, attach new terms or conditions to a racecourse authorisation.

(6)(a)The Authority may require in the interests of the horseracing industry the executive of a racecourse which is not an authorised racecourse not to operate a racecourse.

(b)The executive concerned shall comply with a requirement made of it under this subsection.

60. Regulations in relation to executives of authorised racecourses.

60.—(1)The Authority may by regulations provide for requiring the executives of authorised racecourses to keep such information as may be prescribed and to furnish to the Authority such returns and information as may be prescribed.

(2)The executive of an authorised racecourse shall comply with any regulation made under subsection (1).

61. Broadcasting and filming rights.

61.—(1) F66[…]

(2)Subject to subsection (3), the property rights in relation to any broadcast of any part of a race-fixture or any photograph, film or sound recording taken or made for commercial purposes at a race-fixture shall vest in the executive of the authorised racecourse concerned.

(3)F66[…]

(4)In this section “broadcast” has the meaning assigned to it by the Broadcasting and Wireless Telegraphy Act, 1988.

62. Exclusion of certain persons from racecourses.

62.—(1)The Authority or the Racing Regulatory Body, may exclude by notice (“an exclusion notice”) a person from being either—

(a)on any authorised racecourse, or

(b)on such authorised racecourse or racecourses as the Authority or, as the case may be, the Racing Regulatory Body may think fit and specify in the exclusion notice,

where it has reason to believe that the person is not a fit or proper person to be on such racecourse.

(2)The Authority or the Racing Regulatory Body, as the case may be, may by notice, revoke an exclusion notice made by it.

(3)Where the Authority or the Racing Regulatory Body makes a notice under this section it shall cause the notice to be delivered personally or sent by registered post to—

(a)the person to whom the notice applies, and,

(b)to the executive of each racecourse to which the notice relates.

(4)Where any person to whom an exclusion notice (which is in force) applies is found on any racecourse to which the notice relates, the executive of that racecourse may, with the assistance of a member of the Garda Síochána if it considers it necessary, have the person removed (by reasonable force if necessary) from the racecourse.

(5)Any person excluded from a racecourse by virtue of subsection (1) shall comply with the exclusion notice.

PART VII Amendment of Totalisator Act, 1929

63. Amendment of Totalisator Act, 1929.

63.—(1)The Totalisator Act, 1929, is hereby amended by the insertion in section 3 (6) (as amended by section 26 (4) of the Act of 1945) after “operate in any place or places” of “, save where a totalisator operates in respect of a horse race at a place or places not being an authorised racecourse (within the meaning of the Irish Horseracing Industry Act, 1994),”, and the said subsection, as so amended, is set out in the Table to this section.

(2)This section shall come into operation on the establishment day.

TABLE

(6)Where the Minister grants a licence to any person or persons to operate in any place or places, save where a totalisator operates in respect of a horse race at a place or places not being an authorised racecourse (within the meaning of the Irish Horseracing Industry Act, 1994), or where the Revenue Commissioners set up, maintain or work a totalisator at any place or places the persons having the management of such place or places shall provide a place or places whether in a building or not where licensed bookmakers (provided always that they are not disqualified persons under any recognised Rules of Racing) may carry on their business and to which the public may resort for the purpose of betting.

PART VIII Amendment of Betting Act, 1931

64. Amendment of Betting Act, 1931.

64.—(1)Section 1 of the Betting Act, 1931, is hereby amended by the substitution for the definition of “licensed bookmaker” of the following definition:

(2)The Betting Act, 1931, is hereby amended by the insertion after section 7 of the following section:

(3)Section 8 (1) of the Betting Act, 1931, is hereby amended by the insertion after “premises in which the business of bookmaking is carried on” of “,other than a premises being a betting office (within the meaning of the Irish Horseracing Industry Act, 1994),” and the said subsection, as so amended, is set out in the Table to this section.

(4)The Betting Act, 1931, and this section may be cited together as the Betting Acts, 1931 and 1994.

(5)This section shall come into operation on the establishment day.

TABLE

(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, other than a premises being a betting office (within the meaning of the Irish Horseracing Industry Act, 1994), and shall register therein all such premises as they are by virtue of this Act required to register therein.

PART IX Amendment of Licensing Acts, 1833 to 1988

65. Licensing of sale of intoxicating liquor at race-fixtures.

65.—(1)It shall be lawful for the Revenue Commissioners, notwithstanding anything contained in the Licensing Acts, 1833 to 1988, on the application to them of the executive of an authorised racecourse, to grant to the executive, or a person nominated by the executive—

(a)a licence for the sale of intoxicating liquor at the authorised racecourse for consumption at the racecourse, and

(b)a renewal of a licence granted under this section.

(2)A licence granted under this section shall be in force for the period specified therein and shall operate, to authorise, during the period beginning from the time the racegoing public are permitted admission by the executive of the authorised racecourse concerned to a race-fixture (but not before 10.30 in the morning) and ending F67[two hours] after the conclusion of the last race of the fixture, but during no other period, the sale of intoxicating liquor at the race-fixture for consumption at the racecourse, to persons attending the race-fixture.

(3)Upon the grant of a licence under this section, any licence under the Licensing Acts, 1833 to 1988, relating to an authorised racecourse shall cease to have effect during the hours which a licence granted under this section operates.

(4)A licence granted under this section shall cease to have effect should the racecourse to which it relates cease, for whatsoever reason, to be an authorised racecourse.

(5)The holder of a licence granted under this section shall comply with the provisions of this section relating to the licence.

66. Restrictions of certain provisions of Licensing Acts, 1833 to 1988.

66.—Sections 4 and 5 and Part III of the Intoxicating Liquor Act, 1927, and the provisions, in relation to prohibited hours, of the Licensing Acts, 1833 to 1988, shall not apply to an authorised racecourse in respect of which a licence has been granted under section 65.

67. Search of racecourse by member of Garda Síochána.

67.—(1)If a member of the Garda Síochána is of the opinion that there are reasonable grounds for supposing, or a complaint has been made to such a member, that the holder of a licence granted under section 65 is not complying with the provisions of that section, the member may, without warrant, enter into and search the racecourse concerned and request and take the names and addresses of any persons found therein in connection with the non-compliance.

(2)A person shall not—

(a)refuse to give his name or address, or

(b)give a false name or address,

when so requested under subsection (1).

(3)A person shall not by himself, or by any person in his employment or acting by his direction or with his consent, refuse or fail to admit any member of the Garda Síochána in the execution of his duty requiring to enter a racecourse (or any part thereof) in pursuance of this section.

68. Collective citation and commencement (Part IX).

68.—(1)The Licensing Acts, 1833 to 1988, and this Part may be cited together as the Licensing Acts, 1833 to 1994.

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

PART X Transfer of Assets and Liabilities of Racing Board to Authority

69. Dissolution of Racing Board.

69.—F68[…]

70. Transfer of property and liabilities of Racing Board to Authority.

70.—F69[…]

71. Preservation of certain continuing contracts and adaptation references to Authority in certain documents.

71.—F70[…]

72. Pending legal proceedings.

72.—F71[…]

73. Final accounts of Racing Board.

73.—F72[…]

74. Transfer of totalisator licences.

74.—F73[…]

75. Transfer of staff.

75.—F74[…]

76. Exemption from stamp duties.

76.—F75[…]

77. Continuance of instruments and documents, etc.

77.—(1)All instruments (including regulations) made and documents issued under the Racing Board and Racecourses Acts, 1945 and 1975, in force immediately before the repeal of those Acts shall continue in force upon such repeal as if made or issued under this Act.

(2) F76[…]