Betting (Amendment) Act 2015

1. Definition

1. In this Act “Principal Act” means the Betting Act 1931.

2. Amendment of section 1 of Principal Act

2. Section 1 of the Principal Act is amended by—

(a) the substitution of the following definition for the definition of “licensed bookmaker”:

“ ‘licensed bookmaker’ means a person who is the holder of a bookmaker’s licence;”,

(b) the substitution of the following definition for the definition of “registered premises”:

“ ‘registered premises’ means premises for the time being registered in the register of bookmaking offices;”,

and

(c) the insertion of the following definitions:

“ ‘bookmaker’ means a person, who in the course of business, takes bets, sets odds and undertakes to pay out on winning bets;

‘bookmaker’s licence’ means a licence issued—

(a) under subsection (3) of section 7 (inserted by section 13 of the Betting (Amendment) Act 2015), or

(b) in accordance with section 7A (inserted by subsection (2) of section 64 of the Irish Horseracing Industry Act 1994);

‘certificate of personal fitness’ has the meaning assigned to it by the following:

(a) section 4 (inserted by section 7 of the Betting (Amendment) Act 2015);

(b) section 5 (inserted by section 8 of the Betting (Amendment) Act 2015); and

(c) section 5A (inserted by section 9 of the Betting (Amendment) Act 2015);

‘licensed remote betting intermediary’ means a person who is the holder of a remote betting intermediary’s licence;

‘licensed remote bookmaker’ means a person who is the holder of a remote bookmaker’s licence;

‘register of bookmaking offices’ means the register referred to in section 8;

‘relevant consideration’ shall be construed in accordance with section 6 (inserted by section 12 of the Betting (Amendment) Act 2015);

‘relevant officer’ means, in relation to a body corporate—

(a) a person who exercises control (within the meaning of section 11 or 432 of the Taxes Consolidation Act 1997) in relation to the body,

(b) a member (including the chairperson) of the body, or the board or board of directors of the body, or any other person acting in such capacity, or

(c) the managing director or chief executive officer of the body, or any other person acting in such capacity;

‘remote betting intermediary’ means a person who, in the course of business, provides facilities that enable persons to make bets with other persons (other than the first-mentioned person) by remote means;

‘remote betting intermediary’s licence’ means a licence issued under section 7C (inserted by section 14 of the Betting (Amendment) Act 2015);

‘remote bookmaker’ means a person who carries on the business of bookmaker by remote means;

‘remote bookmaker’s licence’ means a licence issued under section 7B (inserted by section 14 of the Betting (Amendment) Act 2015);

‘remote bookmaking operation’ means thebusiness or activities of a remote betting intermediary or remote bookmaker;

‘remote means’ means, in relation to a communication, any electronic means, and includes—

(a) the internet,

(b) telephone, and

(c) telegraphy (whether or not wireless telegraphy);”.

3. Residence of body corporate or unincorporated body of persons

3. The Principal Act is amended by the insertion of the following section:

“1A. For the purpose of this Act, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.”.

4. Prohibitions

4. The Principal Act is amended by the substitution of the following section for section 2:

“2. (1) (a) A person (other than a licensed bookmaker) who, other than by remote means, carries on business, or acts, as a bookmaker shall be guilty of an offence.

(b) Subject to subsection (6) of section 7 (inserted by section 13 of the Betting (Amendment) Act 2015), a person (other than a licensed remote bookmaker) who carries on business, or acts, as a remote bookmaker from a place in the State shall be guilty of an offence.

(c) A person (other than a licensed remote betting intermediary) who carries on business, or acts, as a remote betting intermediary from a place in the State shall be guilty of an offence.

(2) A person (other than a licensed remote bookmaker) who carries on the business of, or acts as, a remote bookmaker from a place outside the State shall not communicate or attempt to communicate with a person in the State by remote means for the purpose of the making of a bet or bets with the first-mentioned person.

(3) A person (other than a licensed remote betting intermediary) who carries on the business of, or acts as, a remote betting intermediary from a place outside the State shall not communicate or attempt to communicate with a person in the State by remote means for the purpose of the making of a bet or bets by the second-mentioned person with any person (other than the first-mentioned person).

(4) If a person contravenes subsection (2) or (3), the Revenue Commissioners shall cause to be served on him a notice specifying the contravention concerned and requiring him to take such measures as are specified in the notice within such period as may be so specified for the purpose of securing that he ceases to contravene that subsection.

(5) A person who contravenes a requirement in a notice under subsection (4) shall be guilty of an offence.

(6) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding €150,000 or imprisonment for a term not exceeding 5 years or both.

(7) Where a person, after having been convicted of an offence under this section, commits a further offence under this section, paragraph (b) of subsection (6) shall apply subject to the modification that the words ‘a fine not exceeding €300,000’ shall be substituted for the words ‘a fine not exceeding €150,000’.

(8) Summary proceedings for an offence under this section may be brought and prosecuted by the Revenue Commissioners.

(9) For the purposes of this section, a person communicates with another person if—

(a) the communication is directed to the other person personally,

(b) the communication is directed to persons belonging to a class of persons of which the other person is one, and is capable of being received and responded to by the person in the State, or

(c) the communication is directed to persons generally (whether in the State or both in the State and outside the State) and is capable of being received and responded to by a person in the State.”.

5. False representations

5. The Principal Act is amended by the insertion of the following section:

“2A. (1) (a) A person (other than a licensed bookmaker) who holds himself out, or represents himself, as being a licensed bookmaker shall be guilty of an offence.

(b) A person (other than a licensed remote bookmaker) who holds himself out, or represents himself, as being a licensed remote bookmaker shall be guilty of an offence.

(c) A person (other than a licensed remote betting intermediary) who holds himself out, or represents himself, as being a licensed remote betting intermediary shall be guilty of an offence.

(2) A person guilty of an offence under this section shall—

(a) be liable, on summary conviction, to a class A fine, or

(b) subject to subsection (3), be liable, on conviction on indictment, to a fine not exceeding €100,000.

(3) Where a person, after having been convicted of an offence under this section, commits a further offence under this section, paragraph (b) of subsection (2) shall apply subject to the modification that the words ‘a fine not exceeding €250,000’ shall be substituted for the words ‘a fine not exceeding €100,000’.”.

6. Prosecution in absentia

6. The Principal Act is amended by the insertion of the following section:

“2B. (1) Where, at any stage of proceedings to which this section applies, a person fails, without reasonable excuse, to appear before the court before which the proceedings are for the time being taking place, the court may do any thing or make any order that it would be entitled to do or make had the person so appeared.

(2) Where, by virtue of a person’s failure to appear in proceedings to which this section applies, the person does not enter a plea (whether before the District Court or the trial judge), the trial of the person may proceed as though he had entered a plea of not guilty.

(3) This section applies to proceedings for an offence under this Act against a person upon whom a document in respect of those proceedings is served—

(a) in accordance with subsection (1) of section 81 of the Act of 2008,

(b) otherwise than by post, pursuant to a request referred to in subsection (2) of that section, or

(c) in accordance with an arrangement to which subsection (4) of that section applies.

(4) In this section—

‘Act of 2008’ means the Criminal Justice (Mutual Assistance) Act 2008;

‘document’ means a document—

(a) to which subsection (1) of section 80 of the Act of 2008 applies, and

(b) that requires a person to appear as a defendant in proceedings for an offence.”.

7. Issue of certificates of personal fitness to certain persons ordinarily resident in State

7. The Principal Act is amended by the substitution of the following section for section 4:

“4. (1) Upon compliance with subsection (3), an individual who ordinarily resides in the State may apply 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—

(a) to the Superintendent of the Garda Síochána for the district in which he ordinarily resides, or

(b) in a case where the individual carries on or proposes to carry on the business of bookmaker from a particular premises, to the Superintendent of the Garda Síochána for the district in which the premises is located or is proposed to be located.

(2) Upon compliance with subsection (3), an individual who ordinarily resides in the State may apply for a certificate (in this Act referred to as a ‘certificate of personal fitness’) that he is a fit and proper person to be a relevant officer of a body corporate that holds a bookmaker’s licence—

(a) to the Superintendent of the Garda Síochána for the district in which the body corporate is ordinarily resident, or

(b) in a case where the body corporate carries on or proposes to carry on the business of bookmaker from a particular premises, to the Superintendent of the Garda Síochána for the district in which the premises is located or is proposed to be located.

(3) An individual (including a relevant officer of a body corporate) intending to apply for a certificate of personal fitness under this section shall, not later than 14 days and not earlier than one month before making the application, publish, in two daily newspapers circulating in the State, a notice in such form as may be specified by the Minister for Justice and Equality of his intention to make the application.

(4) An application for a certificate of personal fitness under this section shall be in such form as may be specified by the Minister for Justice and Equality.

(5) The applicant for a certificate of personal fitness shall provide the Superintendent of the Garda Síochána to whom the application concerned is made with all such information (including information relating to the applicant’s financial circumstances) as that Superintendent may reasonably require for the purposes of the performance of his functions under this section.

(6) A Superintendent of the Garda Síochána to whom an application for a certificate of personal fitness is duly made under this section shall, not later than 56 days after receiving the application, either—

(a) grant the application and issue a certificate of personal fitness to the applicant, or

(b) refuse the application.

(7) A Superintendent of the Garda Síochána shall not refuse an application for a certificate of personal fitness under this section unless—

(a) he is satisfied that by reason of the financial circumstances of, or the existence of a relevant consideration in relation to, the applicant for the certificate, the applicant is not a fit and proper person to hold a bookmaker’s licence or to be a relevant officer of a body corporate that holds a bookmaker’s licence, or

(b) the applicant fails or refuses to comply with a requirement to which subsection (5) applies.

(8) A certificate of personal fitness under this section shall be in such form as may be specified by the Minister for Justice and Equality.

(9) An individual who, in applying for a certificate of personal fitness under this section, knowingly makes a statement or provides information to a Superintendent of the Garda Síochána that is false or misleading in a material respect shall be guilty of an offence and shall be liable—

(a) on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment to a fine not exceeding €50,000 or imprisonment for a term not exceeding 2 years or both.

(10) A Superintendent of the Garda Síochána shall, as soon as may be after making a decision in relation to an application for a certificate of personal fitness, notify the Revenue Commissioners in writing of that decision.”.

8. Issue of certificates of personal fitness to certain persons resident outside State

8. The Principal Act is amended by the substitution of the following section for section 5:

“5. (1) Upon compliance with subsection (2), an individual who ordinarily resides outside the State may apply to the Minister for Justice and Equality for a certificate (in this Act also referred to as a ‘certificate of personal fitness’) that the individual is a fit and proper person to hold a bookmaker’s licence, or to be a relevant officer of a body corporate that holds such a licence, as the case may be.

(2) An individual intending to apply for a certificate of personal fitness under this section shall, not later than 14 days and not earlier than one month, before making the application, publish in two daily newspapers circulating in the State a notice in such form as may be prescribed of his intention to make the application.

(3) An application for a certificate of personal fitness under this section shall be in such form as may be specified by the Minister for Justice and Equality.

(4) An applicant for a certificate of personal fitness under this section shall provide the Minister for Justice and Equality with all such information (including information relating to the applicant’s financial circumstances) as that Minister of the Government may reasonably require for the purposes of the performance of his functions under this section.

(5) Upon consideration of an application under this section, the Minister for Justice and Equality shall, not later than 56 days after receiving the application, either—

(a) grant the application and issue a certificate of personal fitness to the applicant, or

(b) refuse the application.

(6) The Minister for Justice and Equality shall not refuse an application for a certificate of personal fitness under this section unless—

(a) he is satisfied that by reason of the financial circumstances of, or the existence of a relevant consideration in relation to, the applicant for the certificate, the applicant is not a fit and proper person to hold a bookmaker’s licence or to be a relevant officer of a body corporate that holds such a licence, or

(b) the applicant fails or refuses to comply with a requirement to which subsection (4) applies.

(7) A certificate of personal fitness under this section shall be in such form as may be specified by the Minister for Justice and Equality.

(8) An individual who, in applying for a certificate of personal fitness under this section, knowingly makes a statement or provides information to the Minister for Justice and Equality that is false or misleading in a material respect shall be guilty of an offence and shall be liable—

(a) on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment to a fine not exceeding €50,000 or imprisonment for a term not exceeding 2 years or both.

(9) The Minister for Justice and Equality shall, as soon as may be after making a decision in relation to an application for a certificate of personal fitness, notify the Revenue Commissioners in writing of that decision.”.

9. Issue of certificates of personal fitness to other persons

9. The Principal Act is amended by the insertion of the following section:

“5A. (1) Upon compliance with subsection (2), an individual (whether resident in the State or outside the State) may apply to the Minister for Justice and Equality for a certificate (in this Act also referred to as a ‘certificate of personal fitness’) that the individual is a fit and proper person to hold a remote bookmaker’s licence or a remote betting intermediary’s licence or to be a relevant officer of a body corporate that holds such a licence.

(2) An individual intending to apply for a certificate of personal fitness under this section shall, not later than 14 days and not earlier than one month, before making the application, publish in two daily newspapers circulating in the State a notice in such form as may be prescribed of his intention to make the application.

(3) An application for a certificate of personal fitness under this section shall be in such form as may be specified by the Minister for Justice and Equality.

(4) An applicant for a certificate of personal fitness under this section shall provide the Minister for Justice and Equality with all such information (including information relating to the applicant’s financial circumstances) as that Minister of the Government may reasonably require for the purposes of the performance of his functions under this section.

(5) Upon consideration of an application under this section, the Minister for Justice and Equality shall, not later than 56 days after receiving the application, either—

(a) grant the application and issue a certificate of personal fitness to the applicant, or

(b) refuse the application.

(6) The Minister for Justice and Equality shall not refuse an application for a certificate of personal fitness under this section unless—