IRISH HORSERACING INDUSTRY ACT, 1994

• (4) The Authority may refuse an application for a permit under this section where it considers the applicant is not a fit or proper person to hold such a permit or the person to be specified in a course-betting representative permit is not a fit or proper person.

• (5) An application for a permit under this section shall be in such form and contain such particulars as the Authority may from time to time require.

• (6) F42[Subject to the Act of 2024, the Authority may attach to a permit granted under this section such terms and conditions] as it thinks fit and it may also, from time to time, attach further terms or conditions or vary the conditions to such a permit or remove any such terms or conditions.

• (7)
• (a) The holder of a permit granted under this section shall comply with any terms or conditions attached to the permit.

• (b) A person specified in a course-betting representative permit shall comply with any terms or conditions attached to the permit.

• (8) A course-betting permit shall contain the name of the holder thereof.

• (9)
• (a) The Authority may, where it feels it has reasonable grounds for so doing at any time, suspend for such time as it thinks fit or revoke a permit granted under this section.

• (b) An authorised bookmaker who without reasonable cause fails or neglects to pay or credit to a person with whom he has a bet an amount due to that person shall have any permit granted to him suspended or revoked by the Authority.

• F43[(c) HRI may, where an authorised bookmaker has failed to comply with regulations made under section 53(1)(b), suspend for such time as it thinks fit or revoke a permit granted under this section to that bookmaker.]

• (10) Where the Authority, in the exercise of its powers under this section, proposes to refuse an application for a permit under this section or to suspend or revoke a permit granted under this section it shall—

• (a) inform the bookmaker concerned in writing of the proposal, and

• (b) afford to him upon request, within 7 days after being so informed, an opportunity to make to it any written or oral representations in relation to the proposal and shall consider any such representations made to it.

• (11) Where an application for a permit under this section is refused, or a permit granted under this section is suspended or revoked, notice of the refusal, suspension or revocation shall be served on the bookmaker concerned either personally or by prepaid registered post within the period of 7 days beginning on the day on which the Authority decides on the refusal, suspension or revocation.

• (12) Subject to subsections (13) and (14), where a permit granted under this section is suspended or revoked, the suspension or revocation shall be expressed as coming into operation on a specified day which shall not be before the expiration of the period of 14 days beginning on the day on which the authority decides on the suspension or revocation.

• (13) Where the suspension or revocation of a permit granted under this section is in respect of a failure or neglect to pay or credit to a person an amount due to the person by the bookmaker concerned in respect of a bet entered into by the person with the bookmaker, the permit shall be suspended or revoked immediately.

• (14) Where—

• (a) an appeal is taken under section 57 against the suspension or revocation of a permit granted under this section,

• (b) the suspension or revocation is not in respect of a failure or neglect to pay or credit to a person an amount due to the person by the bookmaker concerned in respect of a bet entered into by the person with the bookmaker, and

• (c) on the day on which the suspension or revocation is expressed as coming into operation, the appeal has not been withdrawn or determined,

the operation of the suspension or revocation shall stand suspended until (as may be appropriate) the appeal is withdrawn or determined by the Bookmakers Appeal Committee.

• (15) A permit granted under this section shall be in force for such period not exceeding 3 years as the Authority may decide specified therein.

• (16) Where an authorised bookmaker ceases to be a licensed bookmaker, or is the subject of an exclusion notice under section 62, any permit granted to him under this section shall, for the purposes of this Act, cease to be in force.

• (17) Where the person specified in a course-betting representative permit is the subject of an exclusion notice, or ceases to be a licensed bookmaker, the permit shall, for the purposes of this Act, cease to be in force.

• (18) An authorised bookmaker who ceases to be a licensed bookmaker shall surrender to the Authority any permit granted to him under this section upon such cessation.

• (19) The holder of a permit granted under this section or his employee or agent shall not wilfully alter such permit granted under this section and any such permit so altered shall cease to be in force.

• (20) A course-betting permit granted under section 24 of the Act of 1945 which is in force immediately before the establishment day shall, on that day, continue in force as if granted under this section.

• (21)
• (a) In this section “employee or agent” means—

• (i) a spouse F44[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010], parent, child, sibling, nephew or niece of the authorised bookmaker, or

• (ii) F45[a person who has been nominated as his employee or agent by a bookmaker.]

• (b) The Authority may by regulations amend the definition in this subsection.

49. Authorised officers.

49.—(1) The Authority may appoint in writing such and so many persons as it sees fit to be authorised officers for the purposes of this Act.

• (2) A warrant of appointment as an authorised officer shall be issued to every person appointed under this section who when exercising any function conferred on the person as an authorised officer, shall, if requested by a person affected, produce the warrant to that person.

• (3) The Authority may at any time terminate an appointment as an authorised officer.

• (4) Every person appointed to be an authorised officer under the Act of 1945 and being such an officer immediately before the establishment day shall, on that day, continue to be an authorised officer as if appointed under this section.

• (5) An appointment under this section as an authorised officer shall cease—

• (a) where the Authority terminates it under subsection (3), or

• (b) where the person appointed is an officer or employee of the Authority or its subsidiary upon his ceasing to be such an officer or employee.

50. Requirement to produce course-betting, or course-betting representative, permit to authorised officer.

50.—(1) An authorised officer may require any person, whom he observes carrying on the business of a bookmaker at any authorised racecourse F46[or point-to-point steeplechase meeting], to produce his course-betting permit, or course-betting representative permit, as the case may be.

• (2) Where a person who is required under this section to produce his permit—

• (a) refuses or fails to produce such permit, or

• (b) produces such permit, but fails or refuses to permit an authorised officer making the requirement to read or examine such permit,

the authorised officer may require the person's name and address.

• (3) A person shall not refuse or fail to comply with a requirement made to him by an authorised officer under this section.

51. Powers of entry, inspection, etc., of authorised officers and officers of customs and excise.

51.—(1) An authorised officer may at all reasonable times without warrant enter any authorised racecourse F47[, point-to-point steeplechase meeting] or any betting office or any other place or premises where he has reasonable grounds to believe the business of bookmaking is carried on and may—

• (a) require any person whom he has reasonable grounds to believe is carrying on the business of bookmaking or employed in connection therewith to produce all books, accounts or other documents or records relating to bookmaking at an authorised racecourse F47[, point-to-point steeplechase meeting] and, in the case of such information in a non-legible form (including such information in a computer), to produce it in a legible form,

• (b) search for, inspect and take copies of or extracts from any books, accounts or other documents or records (including, in the case of any such information in non-legible form, a copy of or extract from such information in a permanent legible form) relating to bookmaking at an authorised racecourse F47[, point-to-point steeplechase meeting], and

• (c) remove and retain the said books, accounts or other documents or records for such period as may be reasonable for further examination.

• (2) An officer of customs and excise may at all reasonable times without warrant enter any authorised racecourse F47[, point-to-point steeplechase meeting] or any betting office and may—

• (a) require any person whom he has reasonable grounds to believe is carrying on the business of bookmaking or employed in connection therewith to produce all books, accounts or other documents or records relating to bookmaking and, in the case of such information in a non-legible form (including such information in a computer), to produce it in a legible form,

• (b) search for, inspect and take copies of or extracts from any books, accounts or other documents or records (including, in the case of any such information in non-legible form, a copy of or extract from such information in a permanent legible form) relating to bookmaking, and

• (c) remove and retain the said books, accounts or other documents or records for such period as may be reasonable for further examination.

• (3) A person shall not refuse or fail to comply with a requirement made to him by an officer under this section and shall provide to such officer all facilities and assistance necessary for the exercise by such officer of any power conferred on him by this section.

• (4) 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 authorised officer or officer of customs and excise in the execution of his duty requiring to enter a racecourse (or any part thereof) F47[, a point-to-point steeplechase meeting] or a betting office in pursuance of this section.

52. Obstruction of authorised officers or officers of customs and excise.

52.—A person shall not resist, obstruct or impede an authorised officer or an officer of customs and excise in the exercise of any power conferred on him by this Act.

53. Regulations in relation to authorised bookmakers.

53.—(1) F48[Subject to the Act of 2024 and this section, the Authority may, by regulations, provide]—

• (a) for fixing the conditions governing and fixing the charges to be made by the executive of an authorised racecourse to an authorised bookmaker for admission to the racecourse (and different charges may be fixed in respect of different authorised racecourses and in respect of different parts of the same racecourse):

Provided that in fixing such conditions and charges, the Authority shall not fix for the admission of an authorised bookmaker to any part of that racecourse a charge exceeding 5 times the charge then made to a member of the public for admission to that part,

• F49[(b) for governing the activities of authorised bookmakers at authorised racecourses, including—

• F48[(i) the relevant betting activities that may be made available, and]

• (ii) the methods of bookmaking and practices employed by such bookmakers such as—

• (I) the timing for opening a book,

• (II) the setting, changing and presentation of betting odds on offer,

• (III) the requirements for pay-outs of winnings, and

• (IV) the use of appropriate modern facilities and equipment.]

• (c) for the provision of facilities for authorised bookmakers by the executive of an authorised racecourse,

• (d) for the permitting of authorised bookmakers to operate from betting offices F50[at authorised racecourses],

• (e) for the regulation of—

• F48[(i) the relevant betting activities that may be made available at betting offices,]

• (ii) the structure and location of betting offices,

• (iii) the operation and opening hours of betting offices,

• (iv) the persons who may be admitted to, or permitted to place bets at, betting offices,

• (v) good order and conduct at betting offices.

• F51[(1A) The Authority shall consult with the Gambling Regulatory Authority of Ireland before making regulations providing for any matter referred to in paragraphs (b) to (e) of subsection (1).]

• F52[(2) Regulations made under subsection (1)(e)(iii) of this section in respect of the opening hours of betting offices may permit betting offices to open for business any time at an authorised racecourse—

• F48[(a) on any day and during such hours that are not prescribed under section 176 (1) of the Act of 2024 as days or hours, or both, during which a licensee (within the meaning of the Act of 2024) of an in person gambling licence may not open a premises in respect of which the licence is held, and]

• (b) on the day of a race-fixture at the racecourse, also from the time the public are permitted admission to the racecourse and up to two hours after the conclusion at it of the last race where that would exceed the hours referred to in paragraph (a).]

• (3) The Authority where it proposes to make regulations under subsection (1) may have regard to any agreement between authorised racecourses and authorised bookmakers in relation to any matter referred to in that subsection.

• (4) A person to whom any regulation made under subsection (1) applies shall comply with such regulation.

• F51[(5) In this section, "relevant betting activity" has the same meaning as it has in the Act of 2024.]

54. Levies payable by authorised bookmakers on course bets.

54.—(1) F53[(a) An authorised bookmaker who enters into a bet at an authorised racecourse F54[or point-to-point steeplechase meeting] on an event taking place there or elsewhere, other than by means of telecommunications from outside the racecourse, shall pay to the Authority a levy on such bet.]

• (b) The rates of levy payable under paragraph (a) shall be—

• (i) in respect of a bet with an authorised bookmaker other than in a betting office and placed solely on a horse race taking place at the authorised racecourse F54[or point-to-point steeplechase meeting] at which the bet is placed F55[, zero per cent. or such other percentage of not more than 5 per cent.] as the Authority, with the consent of the Minister, may from time to time prescribe, or

• (ii) in respect of all bets placed in a betting office at an authorised racecourse F54[or point-to-point steeplechase meeting] and in respect of any bet placed at an authorised racecourse F54[or point-to-point steeplechase meeting] where all or any part of that bet relates to an event being either a horse race or any other event taking place elsewhere, the same rate of levy as that rate of excise duty which would apply under section 24 of the Finance Act, 1926 (as amended by section 31 of the Finance Act, 1985) to such bet if it was placed other than at an authorised racecourse F54[or point-to-point steeplechase meeting].

• (c) If the event the subject of a bet under paragraph (b)(i) is determined in favour of the person with whom the bookmaker enters into the bet, the bookmaker shall, from the total amount which he would otherwise pay or credit to that person in respect of the bet, make a deduction calculated at the rate of percentage referred to in that subparagraph of that total amount.

• (d) For the purposes of this section the amount of a bet shall be taken to be the sum which, by the terms of the bet, the bookmaker by whom it is entered into, will be entitled to receive, retain or take credit for if the event the subject of the bet, is determined in his favour.

• (2)
• (a) An authorised bookmaker who fails or neglects to pay any sum payable by him in respect of a levy may have any permit granted to him under section 48 suspended or revoked by the Authority.

• (b) The Authority may restore any such permit where it is satisfied that all arrears of levy due under subsection (1) (including interest at an appropriate percentage rate) have been paid.

• (3) Every levy payable by any person shall be recoverable from that person by the Authority as a simple contract debt in any court of competent jurisdiction.

• (4)
• (a) Where a bookmaker is found not to have paid levy due or not to have made proper returns to the Authority in respect of such levy or both for a period of one month, the Authority may make an assessment of levy due and may charge interest at an appropriate rate from the day on which any such levy first became due and in doing so shall have regard to the level of interest rates generally in the State.

• (b) (i) Subject to subparagraph (ii), interest at an appropriate percentage rate to be charged by the Authority under this section shall be 15 per cent. per annum.

• (ii) The Authority may, with the consent of the Minister, if it is satisfied that the appropriate percentage rate for the time being standing specified in this section, ought, having regard to the level of rates of interest generally in the State, to be varied, by regulations vary the rate of interest so standing specified and this section shall have effect in accordance with the terms of any such regulations.

• (5)
• (a) Whenever it is proved to the satisfaction of the Authority that a course bet in respect of which a levy is payable has become a void bet the Authority may subject to such conditions as it thinks fit to impose, either, as the case may require, repay the levy paid or remit the levy chargeable in respect of such course bet.

• (b) In this paragraph “void bet” means a course bet placed either on a horse in a race at a race-fixture or on another event which has been abandoned, declared void or postponed to another day or placed on a horse which does not achieve a fair start as required by the Rules of Racing.

• (6) Subsection (1)(b)(ii) shall come into operation on such day as the Minister may appoint by order.

54A. F56[Turnover charge payable by authorised bookmakers on course bets.

54A.—(1) An authorised bookmaker who enters into a bet at an authorised racecourse, on an event taking place there or elsewhere, other than by means of telecommunications from outside the racecourse, the subject of levy under section 54, shall pay to the Authority a turnover charge on such bet.

• (2) The rate of turnover charge payable under subsection (1) shall be—

• (a) in respect of a bet with an authorised bookmaker other than in a betting office and placed solely on a horse race taking place at the authorised racecourse at which the bet is placed, F57[0.5 per cent]. or such other percentage of not more than 2.5 per cent. as the Authority, with the consent of the Minister, may, from time to time, prescribe; and

• (b) in respect of all bets placed in a betting office and in respect of any bet placed at an authorised racecourse where all or any part of that bet relates to an event being either a horse race or any other event taking place elsewhere, 0.3 per cent. or such other percentage standing specified under regulations under section 54D.]

54B. F58[Flat rate charges payable by authorised bookmakers.

*54B*.—The Authority may make such flat rate charges as it considers necessary and appropriate in respect of—

• (a) the activities of an authorised bookmaker,

• (b) the activities of a licensed bookmaker at licensed rececourses which are licensed to hold point to point race-meetings,

• (c) a pitch held by an authorised bookmaker at an authorised racecourse,

• (d) a pitch held by a licensed bookmaker at a licensed racecourse which is licensed to hold point to point race-meetings,

• (e) a betting office,

and different charges may be made in respect of different locations or race-meetings having regard to the potential value of the location or meeting for the business of bookmaking.]

54C. F59[Suspension or revocation of course-betting permit if charges are not paid.

54C.—(1) An authorised bookmaker who fails or neglects to pay any sum payable by him in respect of a charge due under section 54A or 54B may have any permit granted to him under section 48 suspended or revoked by the Authority.

• (2) The Authority may restore any such permit where it is satisfied that all arrears of the charge is paid (including interest at an appropriate percentage rate).

• (3) The Authority may recover as a simple contract debt in any court of competent jurisdiction from any person by whom it is payable any amount due and owing under section 54A or 54B.

• (4) In section 54(4) and (5) any reference to levy shall be construed as including a reference to charges under section 54A or 54B.]

54D. F60[Turnover charge payable by licensed bookmakers on off course bets.

54D.—(1) A licensed bookmaker who enters into a bet on any event, subject to the duty of excise imposed by section 24 of the Finance Act, 1926, shall pay to the Revenue Commissioners for and on behalf of the Authority a turnover charge on such bet of F61[zero per cent.] or such other percentage of not more than 2.5 per cent. as the Minister, with the consent of the Minister for Finance, may from time to time, specify in regulations.

• (2) Any percentage specified by regulations under subsection (1) shall be the percentage specified for the purposes of section 54A(2)(b) and of section 32A(2)(b) of the Greyhound Industry Act, 1958.

• (3) The provisions of sections 24(4), 25 and 26 of the Finance Act, 1926, and section 32 of the Finance Act, 1929, shall, subject to any necessary modifications, apply to the turnover charge imposed by subsection (1).]

54E. F62[Annual charge payable in respect of registered premises.

54E.—F63[…]]

54F. F64[Transfer by Authority of portion of sums collected to Board na gCon.

54F.—The Authority shall transfer to Bord na gCon 20 per cent. of any amount paid to or collected by or on behalf of the Authority under section 54D(1) or 54E.]

55. Regulations for payment of levies on course bets.

55.—(1) The Authority may make regulations for securing the payment of levies F65[or charges under this Part] and generally for carrying the provisions in relation to levies F65[or charges under this Part] into effect and in particular for—

• (a) requiring authorised bookmakers who are liable to pay levies F65[or charges under this Part]—

• (i) to enter, in the prescribed manner and at the prescribed time, particulars of all course bets in the prescribed records,

• (ii) to retain such records for the prescribed time,

• (iii) to send, on the request of the Authority, such records to the Authority,

• (iv) to furnish copies of such records to the Authority at such time or times as may be prescribed,

• (b) entering into arrangements by the Authority with (and taking security from) authorised bookmakers desiring to pay levies F65[or charges under this Part] on the basis of returns furnished by them,

• (c) the granting to authorised bookmakers by the Authority of remissions or refunds (as the case may require) of a levy F65[or a charge under this Part] in cases in which the whole or any part of the contingent liability of a bookmaker in respect of a bet made, laid or otherwise entered into by him is shown to the satisfaction of the Authority to have been transferred to another bookmaker by means of a fresh bet made, laid or otherwise entered into by the first-mentioned bookmaker with the second-mentioned bookmaker.

• (2) A person who, without reasonable cause, contravenes any regulations made under subsection (1) may have any permit granted to him under section 48 suspended or revoked by the Authority.

• (3) A person shall comply with any regulation made under this section and shall not make, in any record kept in pursuance of any regulation under this section, any false entry with regard to a course bet.

PART V The Bookmakers Appeal Committee

56. Bookmakers Appeal Committee.

56.—(1) There shall, on the establishment day, be a committee (to be known as the Bookmakers Appeal Committee) to determine the appeals provided for by section 57.

• (2) The Bookmakers Appeal Committee shall consist of the following members—

• (a) a chairman who shall be a judge or a practising barrister or solicitor of at least 7 years’ standing, and

• (b) 4 ordinary members.

• (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:

“‘licensed bookmaker’ means—

• (a) a person (not being a body corporate or an unincorporated body of persons) who is the holder of a bookmaker's licence issued under section 7 of this Act, or

• (b) a company established under section 36 of the Irish Horseracing Industry Act, 1994, to carry on business as a bookmaker that holds a licence issued under section 7A of this Act,

and for the time being in force.”.

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

“Issue of bookmaker's licence to company established under section 36 of Irish Horseracing Industry Act, 1994.

7A (1) A company established under section 36 of the Irish Horseracing Industry Act, 1994, to carry on business as a bookmaker that applies 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 14 days after the date of the application) as specified in the application shall, upon delivery to the Revenue Commissioners of an application for a bookmaker's licence and payment to the Revenue Commissioners by the applicant of the excise duty required by law to be paid for taking out such licence as is specified in such application, be issued by the Revenue Commissioners with a bookmaker's licence in accordance with this section.

• (2) A bookmaker's licence issued under this section shall be in the prescribed form and shall state the name and registered office of the company to whom it is issued and shall operate and be expressed to authorise such company 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.”.

• (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[…]

F77[SCHEDULE Section 9 Horse Racing Ireland

• (2) In determining the remuneration or allowances for expenses to be paid to its chairman, HRI shall have regard to Government or nationally agreed guidelines which are for the time being extant or to Government policy concerning remuneration and conditions of employment which is so extant, and, in addition to the foregoing, HRI shall comply with any direction regarding such remuneration, allowances, terms or conditions which the Minister may give from time to time to HRI with the consent of the Minister for Public Expenditure and Reform.

• (a) 3 shall be nominees of the Racing Regulatory Body,

• (b) one shall be nominated for appointment thereto by such persons as the Minister considers to be representative of authorised racecourses,

• (c) one shall be nominated for appointment thereto by such persons as the Minister considers to be representative of racehorse breeders,

• (d) one shall be nominated for appointment thereto by such persons as the Minister considers to be representative of racehorse owners,

• (e) one shall be nominated for appointment thereto by such persons as the Minister considers to be representative of racehorse trainers,

• (f) 2 shall be nominated for appointment thereto by the industry services committee—

• (i) one of whom shall be the chairman of the committee, and

• (ii) one of whom shall be a representative of stable staff,

• (g) one shall be nominated for appointment thereto by the betting industry being the chairman of the betting committee, and

• (h) 3 shall be chosen by the Minister for their specific skill and competencies and one of whom, at least, shall be representative of the horseracing industry in Northern Ireland.

• (2) Subject to subparagraphs (3) and (4), persons nominated under subparagraph (1)(a) to (e) shall be elected at a general meeting of—

• (a) in the case of a person nominated under subparagraph (1)(a), the Racing Regulatory Body, or

• (b) in the case of a person nominated under subparagraph (1)(b) to (e), the interest concerned,

specially convened for that purpose, upon adequate notice being given of the meeting by the Racing Regulatory Body or the interest concerned, as the case may be.

• (3) In the event of a dispute in respect of any aspect of the method of election to be carried out under subparagraph (2), the Minister shall decide the method.

• (4) The Minister may, as he or she considers appropriate, decide on or approve alternative arrangements for the election of persons to be nominated under subparagraph (1)(a) to (e) to those specified in subparagraph (2) where the need arises.

• (5) Where the Racing Regulatory Body or any persons referred to in subparagraph (1)(b) to (e) fail to make a nomination by such date as the Minister may require for nominations under subparagraph (1)(a) to (e) to be given to him or her, the Minister may appoint such person, in the absence of the nomination, as he or she decides.

• (6) Nominations under subparagraph (1)(a) to (g) and appointments under subparagraph (1)(h) shall, in so far as is practicable and having regard to relevant experience, create an equitable balance between men and women.

• (2) Subject to this paragraph, the term of office of an ordinary member of HRI shall be 4 years.

• (3) A member of HRI shall not serve in any capacity for more than 2 consecutive terms.

• (2) A person appointed to be a member of HRI by virtue of this paragraph shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy he or she is appointed to fill and shall be eligible for re-appointment as a member of HRI.

• (a) is adjudged bankrupt or is sentenced by a court of competent jurisdiction to a term of imprisonment,

• (b) commits an offence under this Act,

• (c) is disqualified from holding any licence, permit or authorisation granted under this Act, or

• (d) is the subject of an exclusion notice under section 62.

• (a) the chairman shall, if present, be the chairman of the meeting, and

• (b) if and so long as the chairman is not present or if the office of chairman is vacant, the members of HRI who are present shall choose one of their number to be chairman of the meeting.