Gaming and Lotteries (Amendment) Act 2019

1. Definition

1. In this Act “Principal Act” means the Gaming and Lotteries Act 1956.

2. Amendment of section 2 of Principal Act

2. Section 2 of the Principal Act is amended by the insertion of the following definitions:

“ ‘gaming machine’ has the same meaning as it has in the Finance Act 1975;

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

‘lottery permit’ has the meaning assigned to it by section 27B (inserted by section 11 of the Gaming and Lotteries (Amendment) Act 2019);

‘prescribed’ means prescribed by regulations made by the Minister;

‘relevant officer’ has the same meaning as it has in the Betting Act 1931;”.

3. Prohibition of gaming without permit or licence

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

“4. (1) A person shall not promote gaming unless he or she is, or is the employee or agent acting as such of, a person who is the holder of a gaming permit or a gaming licence that is for the time being in force and the gaming is in accordance with the permit or licence.

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

4. Gaming permits

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

“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 under section 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 contravenes paragraph (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 in paragraphs (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 contravenes subsection (12) shall be guilty of an offence.

(14) The Minister may by regulations vary the amounts specified in subsection (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.”.

5. Gaming licences

5. The Principal Act is amended by the substitution of the following section for section 14:

“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 in subsection (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 contravenes paragraph (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.”.

6. Amendment of section 15 of Principal Act

6. Section 15 of the Principal Act is amended by:

(a) the deletion of subsection (3), and

(b) the substitution of the following subsection for subsection (4):

“(4) 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.”.

7. Register of Gaming Licences

7. The Principal Act is amended by the insertion of the following section after section 19:

“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.”.

8. Prohibition of lotteries without permit or licence

8. The Principal Act is amended by the substitution of the following section for section 26:

“26. (1) Subject to the provisions of this Act, a person shall not promote a lottery unless he or she is, or is the employee or agent acting as such of, a person who is the holder of a lottery permit or a lottery licence that is for the time being in force and the lottery is conducted in accordance with the permit or licence.

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

9. Lotteries held for charitable or philanthropic purposes not requiring permit or licence

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

“26A. Section 26 shall not apply to a lottery where—

(a) the total value of the prizes is not more than €1,000,

(b) the price of each ticket is not more than €5,

(c) the maximum number of tickets sold is not more than 1,500,

(d) the lottery is conducted for the benefit of a charitable or philanthropic purpose, and

(e) the promoter of the lottery derives no personal profit from the lottery and has not conducted a lottery in accordance with this section during the preceding 3 months.”.

10. Lotteries held in conjunction with certain events

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

“27A. (1) Section 26 shall not apply to a lottery where it is conducted in conjunction with the selling or marketing of a particular product where—

(a) the total value of the prizes is not more than €2,500, and

(b) there is no charge for taking part in the lottery other than the purchase of the product concerned (if such is required) and there is no additional charge for the redemption of a prize.

(2) In this section—

‘marketing’ means any form of commercial communication that is intended to increase or has the effect of increasing, the recognition, appeal or consumption of a particular product;

‘sell’ means sell by retail or wholesale and includes—

(a) offer or expose for sale,

(b) invite the making by a person of an offer to purchase,

(c) distribute free of charge, and

(d) supply for any of these purposes (whether or not for profit).”.

11. Lottery permits

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

“27B. (1) Subject to the provisions of this Act, a person may apply to the superintendent of the Garda Síochána for the district in which he or she ordinarily resides for a permit (in this Act referred to as ‘a lottery permit’) authorising the person to promote a lottery in accordance with this section.

(2) An application for a lottery 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 a lottery to which the application relates.

(3) A person who applies for a lottery 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 lottery permit is made under this section shall, not later than 28 days after receiving the application, either—

(a) grant the application and issue a lottery 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 for a lottery permit, the superintendent of the Garda Síochána concerned 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 lottery permits already issued in the locality;

(c) the suitability of the premises (if any) proposed to be used.

(6) A lottery permit, if not previously revoked or suspended under section 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.

(7) A lottery under this section may be promoted for the benefit of the holder of the permit or for a charitable or philanthropic purpose.

(8) A person who holds a lottery 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 lottery permit shall not accept a stake from a person under the age of 18 years.

(b) A person who contravenes paragraph (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) The following conditions shall attach to a lottery permit:

(a) the value of each prize shall be stated on every ticket or coupon or, where the lottery is conducted in a premises, such information shall be prominently displayed at the normal means of access to the premises proposed to be used;

(b) the price of each ticket shall not be more than €10;

(c) the total value of the prizes in a lottery shall not be more than €5,000 or where more than one lottery is held in any week the total value shall not be more than €5,000;

(d) not more than 5 per cent of the total proceeds shall be retained by the holder of a lottery permit when the lottery is held for the benefit of a charitable organisation.

(11) A person who holds a lottery permit shall comply with the conditions of the permit.

(12) A person who contravenes subsection (11) shall be guilty of an offence.

(13) The Minister may by regulations vary the amounts specified in subsection (10).

(14) Before making regulations under this section, the Minister shall have regard to the following:

(a) the number of lottery permits and licences in force under this Act at that time;

(b) any other lottery conducted in accordance with law;

(c) charitable or philanthropic giving in society generally.

(15) Every superintendent of the Garda Síochána shall keep a register of all lottery 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).

(16) Every register maintained under this section shall be open for inspection at all reasonable times by members of the public.

(17) A person to whom a lottery 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 lottery is to be held is situated.”.

12. Lottery licences

12. The Principal Act is amended by the substitution of the following section for section 28:

“28. (1) A person may apply to the District Court for a licence (in this Act referred to as ‘a lottery licence’) authorising the person to promote periodical lotteries in accordance with this Act.

(2) An application for a lottery licence shall—

(a) be accompanied by the prescribed fee, and

(b) be made to the court not less than 60 days before the first day on which it is intended to promote a lottery to which the application relates.

(3) In considering an application under this section for a lottery licence, a judge of the District Court shall have regard to the following:

(a) the character of the applicant;

(b) the number of periodical lotteries already in operation in the locality;

(c) the purpose of the lottery.

(4) On the hearing of an application under this section for a lottery licence, the superintendent of the Garda Síochána for the district in which the lottery is to be held and any other person who appears to the court to be interested may appear and adduce evidence in relation to the application.

(5) The District Court shall either:

(a) grant the application and issue the lottery licence; or

(b) refuse the application.

(6) A lottery licence, if not previously revoked or suspended under section 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 licence and shall then expire.