GAMBLING REGULATION ACT 2024

• (x) the advancement of the efficient and effective use of the property of charitable organisations;

• (xi) the prevention or relief of suffering of animals;

• (xii) the advancement of the arts, culture, heritage or sciences;

• (xiii) the integration of those who are disadvantaged, and the promotion of their full participation, in society; or

• (xiv) the advancement of human rights.

89. Business to Business gambling licences

89. (1) Subject to section 124, the Authority may issue a licence (in this Act referred to as a “Business to Business gambling licence”) in accordance with Chapter 8 authorising the licensee of the licence to—

• (a) subject to subsection (2), sell or supply, directly or indirectly, a gambling product or a gambling related service, or both, specified in that licence (in this Act referred to as a “relevant gambling product or relevant gambling related service”) to—

• (i) a licensee in the State,

• (ii) a person outside the State, or

• (iii) an operator of the National Lottery,

and

• (b) advertise for sale or supply to the licensees, persons and an operator referred to in subparagraphs (i) to (iii) of paragraph (a), a relevant gambling product or relevant gambling related service specified in the licence concerned.

• (2) A Business to Business gambling licence shall not authorise the sale or supply, directly or indirectly, in the State, of a gambling product that is a gaming machine unless the machine is capable of being adapted from time to time to reflect the maximum relevant payment and maximum winnings, for the time being in force, in respect of the type of gambling played on the machine.

90. Register of gambling licensees

90. (1) The Authority shall, as soon as is practicable after the coming into operation of this section, cause to be established and maintained, in such form as it considers appropriate, a register of licensees to be known as the register of gambling licensees.

• (2) The Authority shall enter the information set out in subsection (3) in the register of gambling licensees in respect of each licensee.

• (3) Subject to subsection (5), the information referred to in subsection (2) is—

• (a) the name of the licensee, the type of gambling licence issued to the licensee, the relevant gambling activity or relevant gambling product or relevant gambling related service specified in the licence and the registration number,

• (b) in relation to a gaming licence held by a licensee, each relevant game the licensee may provide pursuant to that licence,

• (c) in relation to a gambling licence for a charitable or philanthropic purpose held by a licensee, where applicable, each game specified in the licence as a relevant gambling activity for a charitable or philanthropic purpose,

• (d) the date a gambling licence issued to the licensee and, in accordance with section 108, the duration for which the licence is to remain in force,

• (e) where the licensee trades under a different name to that referred to in paragraph (a), the trading name of the licensee,

• (f) where applicable, the name of each relevant officer and each beneficial owner of the licensee,

• (g) where the licensee holds an in-person gambling licence, the address of the premises where the relevant gambling activity may be provided,

• (h) details of any conviction of a licensee and, where applicable, of a relevant officer or beneficial owner of the licensee for an offence under this Act,

• (i) the terms of an advice, caution, warning or reprimand issued to a licensee, under Chapter 4 of Part 8, in respect of a contravention of a relevant obligation by the licensee and details of the contravention concerned,

( j) where the licensee’s gambling licence is subject to a condition imposed under Part 8, details of the condition and the contravention in respect of which the condition was imposed,

• (k) where the licensee’s gambling licence has been suspended or revoked under this Act, the reason for the suspension or revocation, as the case may be, and in the case of a suspension, the period of operation of such suspension,

• (l) subject to subsection (4), details of any decision as to contravention and, where applicable, any administrative sanction which have come into effect in accordance with section 205, in respect of a licensee,

• (m) where a court order, directing a licensee to cease providing a relevant gambling activity or a relevant gambling product or gambling related service, is in force under Part 8 in respect of the licensee, details of the order concerned, and

• (n) such other information as the Authority considers appropriate.

• (4) The Authority may, for the purposes of entering information referred to in subsection (3)(l) in the register of gambling licensees, redact any particulars which appear to the Authority to—

• (a) be commercially sensitive, or

• (b) relate to the commission of an offence.

• (5) Subject to compliance with the Data Protection Regulation and the Act of 2018, the Authority may, for the purposes of the performance of its functions, retain, for such

period as shall be specified in regulations made under subsection (6), in the register of gambling licensees the following information in respect of a former licensee:

• (a) information referred to in subsection (3)(h) relating to any conviction under this Act and any order made under section 81(2);

• (b) information referred to in subsection (3)(k) relating to the revocation or suspension of any gambling licence held by that licensee;

• (c) information referred to in subsection (3)(l) relating to any decision as to contravention and any administrative sanction which have come into effect.

• (6) The Authority shall make regulations to provide for the period in respect of which, and the purpose for which, information referred to in subsection (5) may be retained.

• (7) The Authority shall—

• (a) make the register of gambling licensees, other than information referred to in subsection (3)(h) and information retained in that register under subsection (5), available, free of charge, for inspection by members of the public at its principal office during normal working hours, and

• (b) publish that register, other than information referred to in subsection (3)(h) and information retained in that register under subsection (5), on its website.

• (8) The Authority may publish, in such form as it considers appropriate, the information referred to in paragraphs (i), ( j), (k), (l) or (m) of subsection (3) in addition to publishing that information by means of the register under subsection (7)(b).

• (9) The Authority shall ensure that the register of gambling licensees is kept up to date and is accurate and, for that purpose, the Authority shall make such alterations to that register as it considers necessary.

• (10) The Authority shall, as soon as is practicable after making an alteration in the register of gambling licensees under subsection (9), give notice in writing of that fact to the licensee to whom the alteration relates unless the alteration was made under that subsection pursuant to a notice received from the licensee under subsection (11).

• (11) A licensee shall notify the Authority in writing of an error in an entry in the register of gambling licensees relating to the licensee or of a change in circumstances that is likely to have a bearing on the accuracy of an entry on that register as soon as practicable after he or she becomes aware of the error or change in circumstances.

• (12) Every document purporting to be a copy of, or extract from, an entry in the register of gambling licensees and purporting to be certified, either by the chief executive or a member of the staff of the Authority authorised in that behalf by the chief executive, to be a true copy of, or extract from, such entry shall, without proof of the signature of the chief executive or the member of staff concerned, be received in evidence in any legal proceedings and shall, unless the contrary is proved, be deemed to be a true copy of, or extract from, such entry and shall be evidence of the matters stated in such entry.

• (13) In this section, “administrative sanction” and “decision as to contravention” have the same meaning as they have in section 198.

Chapter 3 Gambling activities exempt from requirement to hold gambling licence

91. Application (Chapter 3)

91. This Chapter applies to a person other than a person that is a licensee of a Business to Consumer licence or a Business to Business licence.

92. Certain lotteries held for charitable or philanthropic purpose not requiring gambling licence

92. (1) Subject to subsection (2), a person may provide a lottery, from among the lottery products and activities prescribed under section 87(1), for a charitable or philanthropic purpose without a gambling licence for a charitable or philanthropic purpose where—

• (a) the person derives no personal profit from the lottery,

• (b) the total value of the winnings do not exceed €2,000,

• (c) the minimum payment to participate in the lottery is not more than €5,

• (d) the maximum number of lottery tickets available for sale is not more than 1,500, and

• (e) the person has not provided a lottery in accordance with this section within a period of 3 months preceding the first day on which it is intended to invite persons to participate in the lottery concerned.

• (2) The Authority may, for the purposes of subsection (1), prescribe—

• (a) an amount greater than €5 for the purposes of paragraph (c) of that subsection,

• (b) a higher number of tickets that may be made available for sale for the purposes of paragraph (d) of that subsection, or

• (c) a different period for the purposes of paragraph (e) of that subsection.

93. Certain lotteries held in conjunction with selling or marketing of products not requiring gambling licence

93. (1) A person may provide a lottery, from among the lottery products and activities prescribed under section 87(1), without a lottery licence where—

• (a) the lottery is provided in conjunction with the selling or marketing of a product or service,

• (b) no payment is required to participate in the lottery other than, if required, the purchase of the product or service concerned,

• (c) the total value of the winnings do not exceed €5,000,

• (d) there is no additional payment required to obtain the winnings, and

• (e) the winnings are paid out within a period of 6 months from the first date on which persons are invited to participate in the lottery concerned.

• (2) The Authority may, for the purposes of subsection (1)(c) prescribe an amount that is greater than €5,000.

• (3) In this section, “selling” means—

• (a) in the case of a product, selling the product by retail or wholesale and includes—

• (i) offering or exposing the product for sale,

• (ii) inviting a person to make an offer to purchase the product,

• (iii) distributing the product free of charge, and

• (iv) whether or not for profit, supplying the product for a purpose referred to in any of subparagraphs (i) to (iii),

and

• (b) in the case of a service, includes—

• (i) offering or exposing the service for sale, and

• (ii) inviting a person to make an offer to purchase the service.

Chapter 4 Applications for gambling licences: general

94. Definitions (Chapter 4)

94. In this Chapter—

“relevant consents” means—

• (a) consent in writing to the Authority seeking information from another person for the purposes set out in section 105(1), and

• (b) if a form of consent to the processing of personal data and special categories of personal data has been prescribed, a signed form of consent or, if no form stands prescribed, consent given in writing to such processing for the purposes set out in that section;

“tax clearance certificate” means a certificate under section 1094 of the Act of 1997.

95. Public notice of intention to apply for gambling licence

95. (1) A person shall, at least 28 days prior to making an application for a gambling licence or an application for renewal of a gambling licence, publish a notice of the person’s intention to so apply and send a copy of the notice to the Authority.

• (2) A notice under subsection (1) shall contain such information, and be published in such places, including in newspapers and on websites, and in such form and manner, as may be specified by the Authority.

• (3) The Authority shall, as soon as practicable after receipt of a copy of a notice under subsection (1), publish the notice on its website.

96. Information and documentation to accompany application for gambling licence: general

96. (1) An application for a gambling licence under this Part shall be accompanied by the following information and documentation (in this Part referred to as the “relevant information and documentation”):

• (a) the name of the proposed licensee, the address at which the proposed licensee ordinarily resides and of the principal office or place of business of the proposed licensee and, where the proposed licensee trades, or intends to trade, under a different name, that trading name or proposed trading name;

• (b) where applicable, the name of each relevant officer and each beneficial owner of the proposed licensee, the address at which each relevant officer and each beneficial owner ordinarily resides and of the principal office or place of business of each relevant officer and beneficial owner;

• (c) the address of the proposed licensee for the purpose of service of notices required to be served by or under this Act;

• (d) such financial information as may be specified by the Authority;

• (e) other than in the case of an application for a lottery licence for a once-off lottery under section 113 or for a gambling licence for a charitable or philanthropic purpose for a once-off activity under section 119, a business plan in such form, and containing such information, as may be specified by the Authority;

• (f) a declaration signed by the proposed licensee, or, where applicable, each relevant officer and each beneficial owner of the proposed licensee, as the case may be, that he or she is a fit and proper person to hold the licence concerned;

• (g) where the proposed licensee or, where applicable, a relevant officer or beneficial owner of a proposed licensee, at any time applied for, or held, a licence or permit under the relevant Acts (within the meaning of section 97), the information specified in that section;

• (h) where the application is for a Business to Consumer gambling licence under section 112 and the gambling activity sought to be licensed is proposed to be provided from one or more than one premises in the State—

• (i) in the case of a premises that is not a relevant premises, the information and documentation specified in section 98(1), and, in the case of a relevant premises, the name and address of the relevant premises concerned, and

• (ii) subject to subsection (2), where it is proposed to permit children on the premises, the information specified in section 98(2);

• (i) subject to subsection (2), where the application is for a Business to Consumer gambling licence under section 112 and the gambling activity sought to be licensed is proposed to be provided from one or more than one premises in the State and it is proposed to provide an automated teller machine on the premises, the information and docu-mentation specified in section 98(3);

( j) where the application is for a gambling licence for a charitable or philanthropic purpose under section 118 or 119 and, in addition to providing a gambling activity for a char-itable or philanthropic purpose from one or more premises in the State to a person who attends at the premises to participate in the activity—

• (i) it is proposed to provide the activity off the premises through the licensee or another person where that other person is an employee, servant or agent of that licensee, a statement to that effect and the reasons why it is considered necessary, and

• (ii) where it is proposed that an employee, servant or agent of that licensee may, for the purposes of subparagraph (i), include a child, the reasons for such inclusion;

• (k) where the application is for a Business to Consumer gambling licence under section 112 where it is proposed to provide a gambling activity by remote means, the information and documentation specified in section 102;

• (l) a statement in respect of the proposed licensee and, where applicable, each relevant officer and each beneficial owner of the proposed licensee, as the case may be of any conviction—

• (i) for a relevant offence, and

• (ii) of a body corporate for a relevant offence where he or she was, at the time of the offence, a relevant officer or beneficial owner of the body corporate;

• (m) a statement in respect of the proposed licensee, and, where applicable, each relevant officer and each beneficial owner of the proposed licensee, as the case may be, as to whether there are any proceedings pending against him or her for a relevant offence;

• (n) a statement in respect of the proposed licensee and, where applicable, each relevant officer and each beneficial owner of the proposed licensee, as the case may be, as to whether there has been—

• (i) any finding, by a regulatory authority, court or tribunal outside the State, made against the proposed licensee, relevant officer or beneficial owner, of a contraven-tion of a legal obligation imposed in a jurisdiction outside the State in respect of the conduct of gambling activities outside the State, and

• (ii) any sanction (howsoever described) imposed as a result of the finding referred to in subparagraph (i);

• (o) a statement in respect of the proposed licensee and, where applicable, each relevant officer and each beneficial owner of the proposed licensee, as the case may be, as to whether there are any proceedings pending against the proposed licensee, relevant officer or beneficial owner, before a regulatory authority, court or tribunal outside the State, in respect of a contravention of a legal obligation imposed in a jurisdiction outside the State in respect of the conduct of gambling activities outside the State;

• (p) details of any gambling licence held, or previously held, by the proposed licensee and where applicable, each relevant officer and each beneficial owner of the proposed licensee;

• (q) confirmation as to whether the proposed licensee, and, where applicable, each relevant officer and each beneficial owner of the proposed licensee, as the case may be, under the Pawnbrokers Act 1964—

• (i) is the holder of a pawnbroker’s licence (within the meaning of that Act), or

• (ii) was refused a pawnbroker’s licence or held a pawnbroker’s licence which was suspended or revoked under that Act and, if so, the grounds for such refusal, suspension or revocation, as the case may be;

• (r) confirmation as to whether the proposed licensee, and, where applicable, each relevant officer and each beneficial owner of the proposed licensee, as the case may be, under the Consumer Credit Act 1995—

• (i) holds a licence to act as a high cost credit provider, an authorisation to act as a credit intermediary or an authorisation to act as a mortgage intermediary (all within the meaning of that Act), or

• (ii) was refused a licence or authorisation referred to in subparagraph (i) or held such a licence or authorisation that was suspended, revoked or the terms or conditions of which were varied under that Act and, if so, the grounds for such refusal, suspension, revocation or variation, as the case may be;

• (s) where applicable, a statement confirming that the proposed licensee, a relevant officer or a beneficial owner of a proposed licensee, is or was a relevant officer of a body corporate to whom subparagraph (i) or (ii) of paragraph (q) or subparagraph (i) or (ii) of paragraph (r) applies or applied;

• (t) confirmation as to whether the proposed licensee, and, where applicable, each relevant officer and each beneficial owner of the proposed licensee, as the case may be, under the Act of 2010—

• (i) was refused an authorisation (within the meaning of section 84 of that Act) or held an authorisation that was revoked under Chapter 9 of Part 4 of that Act and if so, the grounds for such refusal or revocation, as the case may be, or

• (ii) is or was an individual referred to in section 109A(1) of that Act who was refused a certificate of fitness (within the meaning of that section) under that Act and if so, the grounds for such refusal;

• (u) confirmation that the proposed licensee, and, where applicable, each relevant officer and each beneficial owner of the proposed licensee, as the case may be, is not an undischarged bankrupt or, at the time of application, subject to a composition or arrangement with his or her creditors;

• (v) the relevant consents;

• (w) a tax clearance certificate in force in respect of the proposed licensee and, where applicable, each relevant officer and each beneficial owner of the proposed licensee;

• (x) such supporting documentary and other evidence as the Authority may request to enable it—

• (i) to verify the information contained in the application and the matters referred to in this section, and

• (ii) to consider the application in accordance with this Part.

• (2) Paragraph (h)(ii) or paragraph (i) of subsection (1) shall, in the case of a relevant premises, only apply where the application for the gambling licence concerned is made by Rásaíocht Con Eireann or Horse Racing Ireland or a company or subsidiary of Horse Racing Ireland and the premises concerned is a relevant premises.

97. Information and documentation to accompany application: applications, licences, permits or certificates under relevant Acts

97. (1) In this section, “relevant Acts” means the Act of 1929, the Act of 1931 and the Act of 1956.

• (2) The following information is specified for the purposes of section 96(1)(g):

• (a) details of each licence or permit held or previously held under the relevant Acts by the proposed licensee and where applicable, each relevant officer and each beneficial owner of the proposed licensee;

• (b) in relation to each licence or permit referred to in paragraph (a), details of any suspension or revocation of such licence or permit and details of any other sanction (howsoever described) imposed, under the relevant Acts or under any other enactment, on the holder of the licence or permit concerned by virtue of being such holder;

• (c) a statement in respect of the proposed licensee, and, where applicable, each relevant officer and each beneficial owner of the proposed licensee, as the case may be, of any refusal of—

• (i) an application for a licence or permit under the relevant Acts and the reasons given for such refusal,

• (ii) a certificate of personal fitness under the Act of 1931 or revocation of such a certificate under that Act and the reasons given for such refusal or revocation, as the case may be;

• (d) where a licence is held under the Act of 1931, a statement confirming whether there are any applications made but not determined under section 16 of that Act for an order that the licence concerned be revoked;

• (e) where a licence or permit is held under the Act of 1956, a statement confirming whether there are any applications made but not determined under section 46 of that Act for an order that the licence or permit concerned be revoked or suspended;

• (f) a statement in respect of a proposed licensee, or where applicable, a relevant officer or beneficial owner of the proposed licensee, who holds or held a licence under the Act of 1931 as to whether the holder concerned—

• (i) unreasonably refused to pay winnings to a person or persons to whom the winnings were due, or

• (ii) unreasonably refused to refund deposits made by persons who won at betting engaged in with that holder, in circumstances where that holder unreasonably refused to pay sums due to such persons;

• (g) where applicable, a statement confirming that the proposed licensee or a relevant officer or a beneficial owner of a proposed licensee was a relevant officer of a body corporate that holds or held a licence under the Act of 1931 when it—

• (i) unreasonably refused to pay winnings to a person or persons to whom the winnings were due, or

• (ii) unreasonably refused to refund deposits made by persons who won at betting engaged in with that holder, in circumstances where that holder unreasonably refused to pay sums due to such persons.

98. Information and documentation to accompany application where gambling activity to be provided in-person

98. (1) The information and documentation referred to in section 96(1)(h)(i), 104(1)(e)(i) and 116(2) is, in respect of each premises where it is proposed to provide a gambling activity:

• (a) identification of the location of the premises where it is proposed to provide the activity and append such maps and plans, on such scale, as are sufficient to enable clear identification of that location;

• (b) documentary evidence that the proposed licensee, or where applicable, a relevant officer or beneficial owner of the proposed licensee, is the owner or occupier of the premises;

• (c) where requested by the Authority following its consideration of the information provided under paragraph (a), details relating to—

• (i) the size and layout of the premises, including all entry and exit points,

• (ii) the lighting provided or to be provided in the premises,

• (iii) the size and location of the proposed area in the premises where gambling activ-ities are to be conducted and the position of equipment, including games, machines or tables, to be used for gambling in the premises,

• (iv) security measures in place including closed circuit television (or CCTV) systems for both internal and external security,

• (v) non-gambling areas and features to separate and distinguish such areas from areas where gambling activities will be conducted, or

• (vi) the size and location of external space, signs and lighting;

• (d) confirmation as to whether—

• (i) a certificate of suitability of premises was refused under the Act of 1931 in respect of the premises and if so, the reasons given for such refusal,

• (ii) a court ever issued a direction under the Act of 1931 that the premises be removed from the register of bookmaking offices (within the meaning of that Act) and if so, the reasons given for such removal, and

• (iii) the proposed licensee or, where applicable, a relevant officer or beneficial owner of a proposed licensee, has been convicted of an offence in relation to the premises while it was registered in the register of bookmaking offices under the Act of 1931;

• (e) such supporting documentation, relating to the matters set out in paragraphs (a) to (d), as the Authority may specify;

• (f) such other information, relating to the premises, as the Authority may specify.

• (2) The information referred to in section 96(1)(h)(ii) and 104(1)(e)(ii) is, in respect of each premises where it is proposed to permit children on the premises—

• (a) a statement of the reasons why children should be permitted on the premises, and

• (b) details of all activities, other than gambling activities, that will be provided on the premises.

• (3) The information and documentation referred to in section 96(1)(i) and 104(1)(f) is, in respect of each premises where it is proposed to provide an automated teller machine—

• (a) the number of automated teller machines (if any) already available on the premises,

• (b) the number of automated teller machines sought to be provided on the premises,

• (c) the proximity of the premises to the nearest automated teller machine located outside the premises,

• (d) details of all activities, other than gambling activities, that will be provided on the premises, and

• (e) identification, on the maps and plans provided under subsection (1) of—

• (i) any automated teller machines referred to in paragraph (a), and

• (ii) the proposed location of any automated teller machines sought to be provided on the premises.

99. Assessment of suitability of premises

99. (1) Where information and documentation referred to in section 98(1) is furnished, the Authority shall, subject to subsection (2), determine whether a premises where it is proposed to provide a gambling activity is suitable for use for that activity having regard to—

• (a) that information and documentation,

• (b) whether the premises concerned communicates internally with other premises in which a gambling activity is not being provided,

• (c) the existence, in the vicinity of the premises, of other premises in respect of which an in-person gambling licence is attached, and

• (d) the proximity of the premises to schools.

• (2) The Authority shall, for the purposes of making a determination under subsection (1)—

• (a) subject to subsection (3), consult with the local authority in the local authority area in which the premises concerned are situated,

• (b) consult with the fire authority (within the meaning of the Fire Services Act 1981) in whose functional area (within the meaning of that Act) such premises are situated, and

• (c) inspect the premises concerned.

• (3) The function conferred by subsection (2)(a) shall, in the case of Limerick City and County Council, be performed for or on behalf of that local authority and in its name by the Director General of that Council.

100. Assessment of suitability of premises for children

100. (1) Where section 96(1)(h)(ii) applies, the Authority shall, on application to it under section 112, where it has determined in accordance with section 99 that a premises where it is proposed to provide a gambling activity is suitable for use for that activity, determine whether children should be permitted on the premises having regard to the location and nature of the premises and the information submitted under section 98(2).

• (2) Where section 104(1)(e)(ii) applies, the Authority shall, on application to it under section 115, determine whether children should be permitted on the premises having regard to the location and nature of the premises and the information submitted under section 98(2).

• (3) The Authority may make a determination under subsection (1) or (2) to permit children on premises subject to such conditions as it may specify when making the determination concerned.

101. Assessment of suitability of premises for automated teller machine

101. (1) Where section 96(1)(i) applies, the Authority shall, on application to it under section 112, where it has determined in accordance with section 99 that a premises where it is proposed to provide a gambling activity is suitable for use for that activity, determine whether an automated teller machine or machines should be permitted on the premises having regard to the information and documentation submitted under section 98(3) and, if so, the number and location of such machines.

• (2) Where section 104(1)(f) applies, the Authority shall, on application to it under section 115, determine whether an automated teller machine or machines should be permitted on the premises having regard to the information and documentation submitted under section 98(3) and, if so, the number and location of such machines.

• (3) The Authority may make a determination under subsection (1) or (2) to permit an automated teller machine or machines on a premises subject to such conditions as it may specify when making the determination concerned.

102. Information and documentation to accompany application where gambling activity to be provided by remote means

102. (1) The information and documentation to accompany an application referred to in section 96(1)(k) is—

• (a) information relating to the location and type of information and communications technology hardware used, or to be used, to provide the gambling activity sought to be licensed,

• (b) information relating to the software to be used to enable the proposed licensee to view, in real time, information on the National Gambling Exclusion Register which would affect the licensee concerned,

• (c) where at the time of making the application concerned, standards are in effect, in accordance with subsection (2) or (4) of section 123 in relation to the matters referred to in subsection (1)(a)(ii) or (b)(ii), or both, of that section, information as to—

• (i) the software used, or to be used, to provide the activity concerned by remote means,

• (ii) whether that software has been manufactured or adapted by the proposed licensee or by a third party, and if applicable, identify the third party concerned, and

• (iii) whether the proposed licensee or a third party has installed or will install, main-tains or will maintain and upgrades or will upgrade, that software,

and

• (d) for the purposes of enabling the Authority to verify information referred to in para- graphs (a) to (c), such supporting documentation and other evidence as is specified by the Authority.

• (2) The Authority may specify the form and manner in which the information, supporting documentation and other evidence referred to in subsection (1) is to be provided.

103. Assessment of information and documentation provided under section 102(1)(b) and (c)

103. (1) The Authority shall carry out, or arrange for a suitably qualified person to carry out, an assessment of the information referred to in paragraph (b) of section 102(1), and the supporting documentation and other evidence furnished with that information in accordance with paragraph (d) of that section, for the purpose of satisfying itself that the software to be used would enable the proposed licensee concerned to view, in real time, information on the National Gambling Exclusion Register which would affect the licensee concerned.

• (2) Where at the time of making an application referred to in section 96(1)(k) or at the time of making an application for renewal referred to in section 104(1)(b), standards referred to in paragraph (c) of section 102(1) are in effect, the Authority shall carry out, or arrange for a suitably qualified person to carry out, an assessment of the information provided under that paragraph, and the supporting documentation and other evidence furnished with that information in accordance with paragraph (d) of that section, for the purposes specified in subsection (3).

• (3) The purposes referred to in subsection (2) are to enable the Authority to satisfy itself—

• (a) where the software used or to be used has been manufactured or adapted by the proposed licensee, that the software meets any standards in effect in accordance with subsection (2) or (4) of section 123 in relation to the matters referred to in subsection (1)(a)(ii) of that section,

• (b) where the software used or to be used has been manufactured or adapted by a third party, that the proposed licensee is or will be obtaining the software concerned from a Business to Business licensee,

• (c) where the proposed licensee has installed or will install, maintains or will maintain and upgrades or will upgrade the software used or to be used in the gambling activity concerned, that such gambling related services meet standards in effect in accordance with subsection (2) or (4) of section 123 in relation to the matters referred to in subsection (1)(b)(ii) of that section, and

• (d) where a third party has installed or will install, maintains or will maintain and upgrades or will upgrade the software used or to be used in the gambling activity concerned, that such gambling related services are or will be provided by a Business to Business licensee.

104. Information and documentation to accompany application for renewal of gambling licence

104. (1) An application for renewal of a gambling licence under this Part shall be accompanied by the following information and documentation (in this Part referred to as the “updated relevant information and documentation”):

• (a) details of any change to relevant information and documentation referred to in paragraphs (a) to (c), (l), (m) to (o) and (q) to (u) of section 96(1);

• (b) in an application for renewal of a Business to Consumer gambling licence under section 121 where it is proposed to continue to provide a gambling activity by remote means—

• (i) the information referred to in paragraph (a) of section 102(1),

• (ii) where at the time of making the application for renewal standards referred to in paragraph (c) of section 102(1) are in effect, the information referred to in that paragraph, and

• (iii) the supporting documentation and other evidence to be furnished, in accordance with paragraph (d) of section 102(1), with the information referred to in subpara- graph (i) and (ii);

• (c) such updates in respect of financial information provided under section 96(1)(d) as may be specified by the Authority;

• (d) an updated declaration referred to in section 96(1)(f);

• (e) where an application was not previously made—

• (i) in respect of a premises to provide a gambling activity from that premises in the State and it is now proposed that the activity be provided pursuant to a Business to Consumer gambling licence from that premises, in the case of any premises that is not a relevant premises, the information and documentation specified in section 98(1), and, in the case of a relevant premises, the name and address of the relevant premises concerned, or

• (ii) subject to subsection (2), to permit children on a premises but it is now proposed to do so, the information specified in section 98(2);

• (f) subject to subsection (2), where an application was not previously made to provide an automated teller machine on the premises but it is now proposed to do so, the information specified in section 98(3);

• (g) where an application was not previously made to provide the activity off the premises through the licensee or another person whether that other person is an employee, servant or agent of that licensee and it is now proposed to do so, a statement to that effect and the reasons why it is considered necessary;

• (h) where an application was not previously made that an employee, servant or agent of a licensee referred to in paragraph (g) may include a child, the reasons for such inclusion;

• (i) a tax clearance certificate in force in respect of each person referred to in section 96(1)(w);

( j) a copy of the notice published in accordance with section 95;

• (k) a copy of a notice (if any) given by the licensee under section 132 or 133, or both;

• (l) such supporting documentary and other evidence as the Authority may request to enable it to—

• (i) verify the information contained in the application for renewal and the updated relevant information and documentation, and

• (ii) consider an application for renewal in accordance with this Part.

• (2) Paragraph (e)(ii) or (f) of subsection (1) shall, in the case of a relevant premises, only apply where the application for the renewal of a gambling licence concerned is made by Rásaíocht Con Eireann or Horse Racing Ireland or a company or subsidiary of Horse Racing Ireland and the premises concerned are a relevant premises.

105. Further information sought by Authority following receipt of application for gambling licence

105. (1) The Authority may, where it receives an application for a gambling licence or for renewal of a gambling licence under this Part, request in writing such information from a person referred to in subsection (2) or such further information from the proposed licensee or licensee concerned, as the Authority considers necessary for the purposes of verifying—

• (a) information contained in the application and the relevant information and document-ation or updated relevant information and documentation, as the case may be, and

• (b) that the proposed licensee or licensee, as the case may be, and if applicable, each relevant officer and beneficial owner, is a fit and proper person to be a licensee.

• (2) A person referred to in subsection (1) is any person whom the Authority considers has information relevant to the matters which the Authority is seeking to verify in accordance with that subsection and includes—

• (a) the Revenue Commissioners,

• (b) the Garda Síochána, and

• (c) a person outside the State with whom the Authority has entered into an arrangement in accordance with section 106.

• (3) A proposed licensee or licensee, as the case may be, to whom a request is made under subsection (1) shall comply with the request within such period as is specified in that request or within such further period as is agreed between the Authority and the proposed licensee or licensee concerned.

• (4) Where a proposed licensee or a licensee, as the case may be, fails or refuses to comply with a request made under subsection (1) within the period referred to in subsection (3), the Authority may treat the application to which the request relates as withdrawn.

• (5) Where a person in the State, other than the proposed licensee or licensee concerned, receives a request from the Authority under subsection (1), he or she shall, having received a copy of the relevant consents, provide, to the extent that the information is in his or her possession or power to procure, the information requested within such period as is specified in that request or within such further period as is agreed between the Authority and the person concerned.

• (6) Where subparagraph (i) or (ii), or both, of section 96(1)( j) or paragraph (g) or (h), or both, of section 104(1) apply in respect of an application made under section 118, 119 or 121, the Authority may, for the purpose of enabling it to make a determination of the matters concerned under section 120 or 121, as the case may be, request such further information from the proposed licensee or licensee concerned as the Authority considers necessary for that purpose.

106. Arrangement with person outside State performing similar functions to Authority

106. (1) Subject to the Data Protection Regulation, the Act of 2018 and subsections (2) and (4), the Authority may enter into an arrangement with a person outside the State whereby—

• (a) the Authority agrees to furnish to the person information in its possession that is required by that person for the purposes of the performance of that person’s functions, and

• (b) the person agrees to furnish to the Authority information in that person’s possession that is required by the Authority for the purposes of the performance by it of its functions under this Act.

• (2) The Authority shall not furnish information to a person outside the State pursuant to an arrangement referred to in subsection (1) unless the Authority requires of, and obtains from, that person an undertaking in writing that the person will—

• (a) not use that information or disclose that information to any other person other than for the purposes of the performance of functions that are the same as or similar to the functions of the Authority under this Act, and

• (b) comply with any other requirement specified by the Authority as a condition for furnishing the information concerned.

• (3) The Authority may give an undertaking to a person outside the State that it will comply with a requirement specified by the person relating to the use or disclosure by it of information obtained pursuant to an arrangement referred to in subsection (1) where compliance with the requirement is a condition imposed by that person for furnishing the information concerned.

• (4) An arrangement under subsection (1) shall not operate to require the Authority to provide information to a person outside the State if the disclosure of that information by the Authority is prohibited by law.

• (5) In this section, “person outside the State” means a person who, under the law of a place other than the State, performs in that place functions that are the same as or similar to those performed by the Authority under this Act.

Chapter 5 Gambling licences issued under this Part

107. Issue of gambling licence following decision to grant gambling licence

107. (1) The Authority shall, within 14 days of making a decision under this Part to grant a gambling licence to a proposed licensee, issue—

• (a) the gambling licence to the proposed licensee, and

• (b) a registration number (in this Act referred to as the “registration number”) referable to that gambling licence.

• (2) The Authority shall, within 14 days of making a decision under this Part to renew a gambling licence under this Part, issue a gambling licence to the licensee concerned.

• (3) Where the Authority grants an application under section 116, 117, 122 or 128 in respect of a gambling licence and the effect of granting the application concerned is that the information specified in the licence concerned is no longer up to date, the Authority shall, within 14 days of granting the application, re-issue the gambling licence to the licensee concerned with the updated information.

• (4) Where subsection (2) or (3) applies, the registration number shall be the number issued under subsection (1).

108. Duration gambling licence remains in force

108. (1) Subject to subsections (2) and (3), a Business to Consumer gambling licence shall, unless sooner surrendered, revoked or otherwise ceasing to be in force, remain in force for a period of one year from the date the licence is issued or for such longer period (if any) as may be prescribed under subsection (4) for the purposes of this subsection.

• (2) A once-off lottery licence shall remain in force for the period specified by the Authority in the licence concerned.

• (3) A betting licence which authorises a person to provide pool betting shall remain in force, in so far as the licence relates to pool betting, until the completion of the event, series of events or class of events in respect of which the pool betting is authorised by the betting licence concerned.

• (4) The Authority may prescribe a period, that is longer than the period specified in subsection (1), as the period during which a Business to Consumer gambling licence shall remain in force in accordance with that subsection and different periods may be prescribed for different Business to Consumer gambling licences.

• (5) A gambling licence for a charitable or philanthropic purpose shall, unless sooner surrendered, revoked or otherwise ceasing to be in force, and subject to subsections (6) and (7), remain in force for a period of one year from the date the licence is issued or for such longer period (if any) as may be prescribed under subsection (8) for the purposes of this subsection.

• (6) A gambling licence for a charitable or philanthropic purpose for a once-off gaming or lottery activity or product shall remain in force until the expiration of the earlier of—

• (a) a period of one year from the date the licence is issued, or

• (b) a period of 2 months after the date the once-off activity concerned is completed.

• (7) A gambling licence for a charitable or philanthropic purpose which authorises a person to provide pool betting shall remain in force, in so far as the licence relates to pool betting, until the completion of the event, series of events or class of events in respect of which pool betting is authorised by the licence concerned.

• (8) The Authority may prescribe a period, being a period that is longer than the period specified in subsection (5), as the period during which a gambling licence for a charitable or philanthropic purpose shall remain in force in accordance with that subsection and may prescribe different periods during which such licences shall remain in force by reference to the different relevant gambling activities for a charitable or philanthropic purpose provided pursuant to the licences concerned.

• (9) A Business to Business gambling licence shall, unless sooner surrendered, revoked or otherwise ceasing to be in force, remain in force for such period as may be prescribed under subsection (10) for the purposes of this subsection.

• (10) The Authority shall prescribe a period as the period during which a Business to Business gambling licence shall remain in force in accordance with subsection (9).

109. Transfer of gambling licence in certain circumstances

109. (1) Where either of the circumstances specified in subsection (2) apply in respect of a licensee that is an individual who holds a gambling licence in his or her sole name, a person (in this section referred to as a “relevant applicant”) may, within 21 days of such circumstances occurring, apply to the Authority for the transfer to the relevant applicant of the gambling licence concerned.

• (2) The circumstances referred to in subsection (1) are—

• (a) the death of the licensee, or

• (b) the licensee ceasing to be an officer or member of an unincorporated body of persons where the licensee became a licensee of the gambling licence referred to in that subsection by reason of being such officer or member, as the case may be.

• (3) An application under subsection (1) shall be in such form and accompanied by such supporting documentation as the Authority may specify.

• (4) The Authority shall notify a relevant applicant of its decision in respect of an application under subsection (1) within 7 days of the making of the decision and the Authority shall—

• (a) where the decision is that the gambling licence in respect of which the application is made may be transferred, include the information set out in subsection (6), or

• (b) where the decision is that the gambling licence in respect of which an application may not be transferred—

• (i) confirm that the relevant applicant may appeal against the decision in accordance with Part 9 and the period within which such an appeal may be brought in accordance with that Part, and

• (ii) where applicable, include the information set out in subsection (5).

• (5) Subject to any order that may be made by the court under subsection (4) of section 220 on application to it by the Authority under subsection (3) of that section, the following provisions shall have effect where the circumstances referred to in subsection (2)(a) apply and the Authority decides a gambling licence may not be transferred:

• (a) from the date such circumstances occurred until the expiration of the period during which an appeal may be brought against that decision in accordance with Part 9, the licence shall remain in force and the relevant applicant shall, for the purposes of this Act, be deemed to be the licensee during that period;

• (b) where no appeal against that decision is brought, the licence shall be revoked on the expiry of that period during which an appeal may be brought;

• (c) where an appeal against the decision is brought—

• (i) the licence shall, where that appeal is refused, be revoked on such refusal, or

• (ii) subsection (6) shall apply where the appeal is allowed.

• (6) Where the Authority decides that a licence may be transferred pursuant to an application under subsection (1) or where an appeal against a decision by the Authority to refuse the transfer is allowed under Part 9—

• (a) the licence shall, on the making of that decision or on the appeal being allowed, stand transferred to the relevant person for the period the licence would have remained in force had the circumstances concerned not occurred,

• (b) the relevant applicant shall, for the purposes of this Act, be deemed to have been the licensee of that gambling licence from the date the circumstances giving rise to the application occurred,

• (c) a reference in this Act to a licensee shall, from the date such circumstances occurred until the expiration of that period the licence would have remained in force, include a reference to the relevant applicant, and

• (d) where applicable, a first application for renewal of that licence by the relevant applicant shall be treated as an application under section 112, 118 or 125, as the case may be.

• (7) The Authority shall update the register of gambling licensees as soon as practicable after a decision referred to in this section is made which affects an entry in that register.

110. Display and production of gambling licence

110. (1) A licensee shall—

• (a) display a copy of a gambling licence issued by the Authority in the name of the licensee and the registration number in a prominent location—

• (i) where the licence authorises a relevant gambling activity in-person, at each premises where such relevant gambling activity is conducted,

• (ii) where the licence authorises a relevant gambling activity by remote means, on each on-line platform where such relevant gambling activity can be accessed,

• (iii) where the licence authorises a relevant gambling activity in-person and by remote means, in accordance with both subparagraph (i) and (ii), and

• (iv) where the licence authorises the sale or supply of a relevant gambling product or relevant gambling related service, or both, at each premises and on each on-line platform where the product or service is sold or supplied or offered for sale or supply,

and

• (b) include the registration number in all business correspondence and advertisements which relate to a relevant gambling activity or a relevant gambling product or relevant gambling related service.

• (2) A licensee who contravenes subsection (1) is guilty of an offence.

• (3) Where an authorised officer is of the opinion that a person is providing a gambling activity, the officer may request the person to produce, within such period as may be specified by the officer when making the request, a copy of the gambling licence which authorises the provision of the gambling activity concerned as a relevant gambling activity.

• (4) A person shall, when requested to do so under subsection (3), produce a copy of the gambling licence referred to in that subsection within the period specified.

• (5) A person who contravenes subsection (4) is guilty of an offence.

• (6) It shall be a defence for a person, against whom proceedings are brought for an offence under subsection (5), to prove that he or she was not providing the gambling activity referred to in subsection (3) or that the provision of the gambling activity concerned was exempt under Chapter 3.

• (7) A person or licensee who is guilty of an offence under this section is liable on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both.

111. Offence: falsely representing licence, registration number, as licensee or authorised officer

111. (1) A person is guilty of an offence where he or she, with the intention to deceive or defraud—

• (a) alters a gambling licence or the registration number referrable to a gambling licence,

• (b) makes a document which falsely purports to be a gambling licence or the registration number referrable to a gambling licence,

• (c) transfers, copies or distributes a gambling licence, the registration number referrable to a gambling licence, a gambling licence or registration number which has been altered, or a document which falsely purports to be a gambling licence or the registra-tion number referrable to a gambling licence, or

• (d) displays, produces or otherwise uses a gambling licence or the registration number referrable to a gambling licence, a gambling licence or registration number which has been altered, or a document which falsely purports to be a gambling licence or the registration number referrable to a gambling licence.

• (2) A person (otherwise than a licensee) who holds himself or herself out, or represents himself or herself, as being a licensee is guilty of an offence.

• (3) A person (other than an authorised officer) who holds himself or herself out, or represents himself or herself, as being an authorised officer is guilty of an offence.

• (4) A person guilty of an offence under this section is liable—

• (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

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

Chapter 6 Applications for Business to Consumer licences: betting, gaming and lottery licences

112. Application for Business to Consumer gambling licence

112. (1) Subject to section 113, a person may apply to the Authority for a Business to Consumer gambling licence and the application shall be in such form as may be specified by the Authority.

• (2) An application under subsection (1) shall—

• (a) specify the type of licence sought and—

• (i) where a betting licence is sought and the person wishes to provide pool betting, the event, series of events or class of events in respect of which the person seeks to provide that pool betting,

• (ii) where a gaming licence is sought, the game or games the person seeks to provide pursuant to the licence and, where it is intended to provide the game through a gaming machine, the number of gaming machines proposed to be used, and

• (iii) where a lottery licence is sought, the lottery product or activity the person seeks to provide pursuant to the licence,

• (b) where a gaming or lottery licence is sought, specify—

• (i) the relevant payment to be made to participate in the game or lottery, as the case may be, and

• (ii) the winnings to be paid to the winner or winners of the game or lottery, as the case may be, and how the winnings are to be funded,

and

• (c) be accompanied by—

• (i) the relevant information and documentation, and

• (ii) where applicable, such fee as may be prescribed by the Authority under section 38.

113. Application for lottery licence: once-off lottery

113. (1) A person may make an application for a lottery licence for a once-off lottery under this section where the lottery will be held in a calendar year during which year the person will not hold another such lottery.

• (2) An application for a lottery licence referred to in subsection (1) shall—

• (a) be made—

• (i) in such form as may be specified by the Authority, and

• (ii) not less than 30 days before the first day on which it is intended to invite persons to participate in the lottery concerned,

• (b) specify—

• (i) the date on which it is intended to hold the lottery,

• (ii) the lottery product or activity the person seeks to provide pursuant to the licence,

• (iii) the relevant payment to be made to participate in the lottery, and

• (iv) the winnings to be paid to the winner or winners of the lottery and how the winnings are to be funded,

• (c) contain such other information as may be specified by the Authority, and

• (d) be accompanied by—

• (i) the relevant information and documentation, and

• (ii) where applicable, such fee as may be prescribed by the Authority under section 38.

114. Determination by Authority of application for Business to Consumer gambling licence

114. (1) Subject to subsections (2) and (3), the Authority shall grant a gambling licence sought under section 112 or 113, as the case may be—

• (a) where it is satisfied—

• (i) the application complies with the requirements of the section concerned,

• (ii) the financial information furnished with the application demonstrates—

• (I) the capacity of the proposed licensee to provide the gambling activity or activ-ities sought to be licensed and to fund winnings, and

• (II) that the winnings will be funded from lawful activities,

and

• (iii) the proposed licensee, and, where applicable, each relevant officer and each beneficial owner, is a fit and proper person to hold the gambling licence concerned,

• (b) where section 96(1)(h)(i) applies in respect of a premises that is not a relevant premises, the Authority has made a determination under section 99 that the premises where it is proposed to provide a gambling activity is suitable for use for that activity,

• (c) where section 102 applies, it is satisfied as to the matters set out in subsections (1) and (3) of section 103, and

• (d) where applicable, it has received the fee prescribed by the Authority under section 38.

• (2) A gambling licence granted under subsection (1)—

• (a) shall specify—

• (i) the relevant betting activities, including the event, series of events or class of events in respect of which the persons may provide pool betting, the relevant games or the relevant lottery, as the case may be, that may be provided pursuant to the licence,

• (ii) where relevant games may be provided pursuant to the licence and the games are to be provided through a gaming machine, the number of gaming machines that may be used to provide those games, and

• (iii) the premises in respect of which the Authority has made a determination referred to in subsection (1)(b) and any relevant premises specified under section 96(1)(h)(i),

• (b) where applicable, shall specify that children are permitted on the premises in accordance with a determination made under subsection (1) of section 100 subject to the conditions (if any) imposed under subsection (3) of that section,

• (c) where applicable, specify that an automated teller machine or machines is or are permitted on the premises in accordance with a determination made under subsection (1) of section 101 subject to the conditions (if any) imposed under subsection (3) of that section, and

• (d) is granted subject to the conditions which apply to the licence concerned under Chapter 9.

• (3) The Authority shall refuse to grant a licence sought under section 112 or 113—

• (a) where it is not satisfied as to any matter referred to in subparagraphs (i) to (iii) of subsection (1)(a),

• (b) for an in-person gambling licence in respect of a premises where it is proposed to provide a gambling activity, where the Authority has determined under section 99 that the premises concerned is not suitable for use for that activity,

• (c) where applicable, the Authority is not satisfied as to the matters set out in subsections (1) and (3) of section 103, or

• (d) it has not received the fee prescribed by the Authority under section 38.

• (4) Where the Authority makes a decision under subsection (3) to refuse to grant a licence, it shall, by notice in writing, inform the person who made the application under section 112 or 113, as the case may be, and, if different, the proposed licensee within 14 days of the date of the decision.

• (5) The Authority shall, by notice in writing, inform the person who made an application under section 112 or 113, as the case may be, and, if different, the proposed licensee, within 14 days of the date of a decision under subsection (1) to grant a licence but not to grant that licence in respect of—

• (a) in the case of a betting licence, all the events, series of events or class of events in respect of which the person sought to provide pool betting,

• (b) all the games which the person sought to provide or for the number of gaming machines proposed to be used, pursuant to the licence applied for, or

• (c) all the lottery products or activities which the person sought to provide pursuant to the licence applied for.

• (6) A notice under subsection (4) or (5) shall state—

• (a) the reasons for the decision,

• (b) that the proposed licensee is entitled to appeal against the decision of the Authority in accordance with Part 9, and

• (c) the period within which such an appeal may be brought in accordance with that Part.

115. Renewal of Business to Consumer gambling licence

115. (1) Subject to subsections (3) and (4), the Authority shall renew a Business to Consumer gambling licence, other than a licence for a once-off lottery, on application to it in that behalf by the licensee of the licence where the application—

• (a) is made within such period, before the expiry of the licence concerned, as is specified by the Authority,

• (b) is in such form as may be specified by the Authority,

• (c) contains the information referred to in section 112(2)(a) and (b), and

• (d) is accompanied by—

• (i) the updated relevant information and documentation, and

• (ii) where applicable, such fee as may be prescribed by the Authority under section 38.

• (2) Where section 104(1)(e)(i) applies in respect of a premises that is not a relevant premises, the Authority shall make a determination under section 99 as to whether the premises where it is proposed to provide a relevant gambling activity is suitable for use for that activity.

• (3) A Business to Consumer gambling licence renewed under this section—

• (a) shall specify—

• (i) the relevant betting activities, including the event, series of events or class of events in respect of which the persons may provide pool betting, the relevant

games or the relevant lottery, as the case may be, that may be provided pursuant to the licence,

• (ii) where relevant games may be provided pursuant to the licence and the games are to be provided through a gaming machine, the number of gaming machines that may be used to provide those games, and

• (iii) the premises in respect of which the Authority has made a determination referred to in subsection (2) and any relevant premises specified under section 104(1)(e)(i),

• (b) where applicable, specify that children are permitted on the premises in accordance with a determination made under subsection (2) of section 100 subject to the conditions (if any) imposed under subsection (3) of that section,

• (c) where applicable, specify that an automated teller machine or machines is or are permitted on the premises in accordance with a determination made under subsection (2) of section 101 subject to the conditions (if any) imposed under subsection (3) of that section, and

• (d) is granted subject to the conditions which apply to the licence concerned under Chapter 9.

• (4) The Authority shall refuse to renew a licence where—

• (a) subject to subsection (8), paragraphs (a) to (d) of subsection (1) have not been complied with,

• (b) it is no longer satisfied as to any of the matters set out in section 114(1)(a)(ii) or (iii),

• (c) having considered, where applicable, the information furnished in accordance with section 104(1)(b)(ii) and any supporting documentation or other evidence furnished with that information, it is not satisfied as to the matters set out in section 103(3), or

• (d) it has not received the fee prescribed by the Authority under section 38 for such renewal.

• F3[(5) Notwithstanding section 108, where an application for renewal of a Business to Consumer licence under this section is not determined by the Authority before the expiry of the licence concerned, that licence shall continue in force until—

• (a) the Authority grants the application for renewal and the licence is issued under section 107(2), or

• (b) the Authority refuses the application for renewal and whichever is the sooner of the following occurs:

• (i) the period allowed for bringing an appeal under Part 9 expires and no appeal has been brought;

• (ii) an application under subsection (6) is refused;

• (iii) the licence ceases to be in force in accordance with subsection (7).]

• (6) A licensee who, within the period allowed for bringing an appeal under Part 9, brings an appeal against a decision of the Authority to refuse to renew a licence may, within that period, apply to the Circuit Court, on notice to the Authority, for an order that the licence remain in force pending the making of a decision on appeal.

• (7) Where the Circuit Court grants an application under subsection (6) and an appeal is refused under Part 9, the licence concerned shall cease to be in force on the date of such refusal on appeal.

• (8) Where an application under subsection (1) for the renewal of a licence does not comply with paragraph (a) of that subsection, the application shall, unless it is shown to the satisfaction of the Authority that there are exceptional circumstances justifying such failure to comply, be treated as a first application for the licence concerned and section 112 shall apply accordingly.

• (9) A contravention or alleged contravention of a relevant obligation by a licensee shall be dealt with or continue to be dealt with under Part 8 and, accordingly, the renewal of the licensee’s licence under this section does not prejudice or affect the operation of that Part, any proceedings under that Part or under any other provision of this Act.

• (10) Where the Authority makes a decision under subsection (4) to refuse to renew a licence, it shall notify the licensee concerned within 14 days of the date of the decision and the notice shall state—

• (a) the reasons for the decision,

• (b) that the licensee is entitled to appeal against the decision of the Authority in accordance with Part 9, and

• (c) the period within which such an appeal may be brought in accordance with that Part.

116. Application by licensee of in-person gambling licence to add premises to licence

116. (1) A licensee of an in-person gambling licence may apply to the Authority to provide a relevant gambling activity from a premises that is not specified in the licence concerned under section 114(2)(a)(iii) or 115(3)(a)(iii).

• (2) An application under subsection (1) shall—

• (a) be made in such form and manner as the Authority may specify,