GAMBLING REGULATION ACT 2024
This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.
5 amending acts · 2026-07-06, revised-IE-2024-act-35@2026-07-06
Act to provide for the establishment of a body to be known as Údarás Rialála Cearrbhachais na hÉireann or, in the English language, the Gambling Regulatory Authority of Ireland for the purposes of licensing and regulating betting, gaming, certain lotteries and the sale or supply of products or services related to gambling; to provide for the funding of that Authority by means of imposition of a charge on licensees; to provide for the establishment and maintenance of a register of persons who hold gambling licences in the State and a National Gambling Exclusion Register; to provide for the establishment of a Social Impact Fund to, among other matters, finance research into, raise awareness of, and eliminate or reduce, compulsive and excessive gambling; to provide for contributions to the Fund by certain licensees; to provide for the imposition of obligations on those licensees including obligations relating to advertising, promotion and sponsorship for the purposes of safeguarding persons participating in gambling; to provide for the prohibition of children participating in gambling or being employed in the gambling industry; to provide, for the purposes of ensuring conditions attached to gambling licences and obligations imposed on licensees are complied with, for compliance and enforcement measures; and for those and other purposes to repeal the Totalisator Act 1929, the Betting Act 1931, the Gaming and Lotteries Act 1956, to revoke certain statutory instruments and to provide for the consequential amendment of certain other enactments; and to provide for related matters.
- (b) in the case of a premises that is not a relevant premises, be accompanied by the information and documentation specified in section 98(1),
- (c) in the case of a relevant premises, specify the name and address of the relevant premises concerned, and
- (d) where applicable, be accompanied by such fee as may be prescribed by the Authority under section 38.
- (3) Where an application under subsection (1) relates to 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.
- (4) Where an application under subsection (1) relates to a relevant premises, the Authority shall, where the application concerned complies with paragraphs (a), (c) and (d) of subsection (2), grant the application insofar as the application relates to the relevant premises.
- (5) Where the Authority refuses to grant an application under this section in respect of a premises that is not a relevant premises, 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.
117. Application to vary certain relevant gambling activities provided pursuant to certain Business to Consumer gambling licences
117. (1) A licensee of a gaming licence may apply to the Authority—
- (a) to vary the relevant game or games which the licensee may provide pursuant to the gaming licence,
- (b) where relevant games are provided through a gaming machine pursuant to the gaming licence, to vary the number of gaming machines which the licensee may use pursuant to the gaming licence to provide a relevant game or games, or
- (c) to provide relevant games through a gaming machine where the licensee did not, at the time the licensee applied for the licence, wish to provide those games through a gaming machine.
- (2) A licensee of a lottery licence, other than for a once-off lottery, may apply to the Authority to vary the lottery products or activities, or both, which the licensee may provide pursuant to the lottery licence.
- (3) A licensee of a betting licence may apply to the Authority—
- (a) to vary the event, series of events or class of events in respect of which the licensee has been licensed to provide pool betting, or
- (b) to provide pool betting for an event, series of events or class of events where the licensee did not, at the time the licensee applied for the licence, wish to provide pool betting.
- (4) An application under this section shall—
- (a) be made in such form and manner, and be accompanied by such information and supporting documentation, as the Authority may specify,
- (b) in the case of an application referred to in subsection (1)(b) or (c), specify the number of gaming machines proposed to be used, and
- (c) where applicable, be accompanied by such fee as may be prescribed by the Authority under section 38.
- (5) The Authority may grant an application under this section to vary the licence concerned where it is satisfied, having regard to the information and supporting documentation supplied by the licensee as required by the Authority in accordance with subsection (4), that it is appropriate to do so.
- (6) Where the Authority refuses to grant an application under this section, 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.
Chapter 7 Applications for grant and renewal of gambling licences for charitable or philanthropic purpose
118. Application for gambling licence for charitable or philanthropic purpose
118. (1) Subject to subsection (2) and section 119, a person may apply to the Authority for a gambling licence for a charitable or philanthropic purpose and the application shall be made in such form and manner as may be specified by the Authority.
- (2) An application may only be made under subsection (1) where—
- (a) the proposed licensee is—
- (i) an individual who is domiciled in the State, or
- (ii) a body corporate established in the State,
and
- (b) an undertaking, in such form as is prescribed by the Authority, is provided by the proposed licensee that, at a minimum, 30 per cent of the total relevant payments
made to participate in each gambling activity sought to be licensed is used for the charitable or philanthropic purpose specified in the application.
- (3) An application under subsection (1) shall contain the following information:
- (a) the type of game or lottery activity or lottery product, referred to in section 88(2), the proposed licensee seeks to provide pursuant to the licence and where the proposed licensee wishes to provide pool betting, the event, series of events or class of events in respect of which the proposed licensee seeks to provide that pool betting;
- (b) the charitable or philanthropic purpose or purposes which is or are to benefit from the gaming, betting or lottery concerned;
- (c) in relation to each such activity or product for which the licence is sought—
- (i) the percentage of the total relevant payments made, above the minimum 30 per cent, that is to be used for the charitable or philanthropic purpose concerned and what the remaining percentage is to be used for, and
- (ii) the proposed relevant payment, the proposed winnings and the source of the winnings;
- (d) such other information as may be specified by the Authority.
- (4) An application under subsection (1) shall be accompanied by—
- (a) the undertaking referred to in subsection (2)(b),
- (b) the relevant information and documentation, and
- (c) where applicable, such fee as may be prescribed by the Authority under section 38.
119. Application for gambling licence for charitable or philanthropic purpose: once-off activity
119. (1) A person may make an application under this section for a gambling licence for a charitable or philanthropic purpose for a once-off gaming, betting or lottery activity or product, referred to in section 88(2), where the activity concerned will be held in a calendar year during which year the person will not hold another such activity.
- (2) An application under subsection (1)—
- (a) may only be made where the conditions referred to in section 118(2) have been complied with in respect of the proposed licensee, and
- (b) shall—
- (i) specify the date on which it is intended to hold the activity,
- (ii) contain the information set out in section 118(3)(a) to (c) and such other informa-tion as may be specified by the Authority,
- (iii) be in such form as may be specified by the Authority, and
- (iv) be made not less than 30 days before the first day on which it is intended to invite persons to participate in the gaming, betting or lottery activity or purchase the lottery product concerned.
- (3) An application under subsection (1) shall be accompanied by—
- (a) the undertaking referred to in section 118(2)(b),
- (b) the relevant information and documentation, and
- (c) where applicable, such fee as may be prescribed by the Authority under section 38.
120. Determination by Authority of application for gambling licence for charitable or philanthropic purpose
120. (1) Subject to subsections (2), (3) and (4), the Authority shall grant a gambling licence for a charitable or philanthropic purpose sought under section 118 or 119, as the case may be—
- (a) where it is satisfied—
- (i) the application complies with the requirements of the section concerned,
- (ii) the conditions referred to in section 118(2) have been complied with in respect of the proposed licensee,
- (iii) 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 any winnings, and
- (II) that the winnings will be funded from lawful activities,
and
- (iv) 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,
and
- (b) where applicable, it has received such fee as may be prescribed by the Authority under section 38.
- (2) Where subparagraphs (i) or (ii), or both, of section 96(1)( j) apply in respect of an application made under section 118 or 119, the Authority shall, at the same time as granting a licence under subsection (1), having regard to the reasons specified under section 96(1)( j) and any further information obtained under section 105(6), make a determination—
- (a) as to whether the relevant activity for a charitable or philanthropic purpose can be provided off the premises through the licensee or another person where that other person is an employee, servant or agent of that licensee, and
- (b) where applicable, as to whether children are permitted to act as an employee, servant or agent of the licensee.
- (3) A gambling licence granted under this section—
- (a) shall specify the relevant gambling activity for a charitable or philanthropic purpose, including the event, series of events or class of events in respect of which the person may provide pool betting, that may be provided pursuant to the licence,
- (b) shall specify where the relevant gambling activity referred to in paragraph (a) may be provided—
- (i) from one or more premises in the State to a person who attends at the premises to participate in the activity,
- (ii) from one or more premises in the State to a person who attends at the premises to participate in the activity and off the premises through the licensee or another person where that other person is an employee, servant or agent of that licensee,
- (iii) by remote means, or
- (iv) in the manner specified in subparagraphs (i) and (iii) or subparagraphs (ii) and (iii),
- (c) where applicable, shall specify that children are permitted to act as an employee, servant or agent of the licensee for the purpose of providing a relevant gambling activity for a charitable or philanthropic purpose, referred to in paragraph (a), off the premises, and
- (d) is granted subject to the conditions that apply to the licence concerned in accordance with Chapter 9.
- (4) The Authority shall refuse to grant a gambling licence under this section—
- (a) where it is not, in accordance with paragraphs (a) and (b) of subsection (1), satisfied of any matter referred to in either of those paragraphs, or
- (b) it has not received the fee prescribed by the Authority under section 38.
- (5) Where the Authority makes a decision under this section to refuse to grant a licence, it shall notify the person who made the application under section 118 or 119, as the case may be, and, if different, the proposed licensee within 14 days of the date of the decision.
- (6) A notice under subsection (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.
121. Renewal of gambling licence for charitable or philanthropic purpose
121. (1) Subject to subsections (2), (3) and (4), the Authority shall renew a gambling licence for a charitable or philanthropic purpose, other than a licence for a charitable or philan-thropic purpose for a once-off gaming, betting or lottery activity, on application to it in that behalf by the licensee of the licence where—
- (a) the application is made within such period, before the expiry of the licence concerned, as is specified by the Authority,
- (b) the application is in such form as may be specified by the Authority,
- (c) the licensee continues to comply with section 118(2)(a),
- (d) the application contains the information referred to in section 118(3), and
- (e) the application is accompanied by—
- (i) the undertaking referred to in section 118(2)(b),
- (ii) the updated relevant information and documentation, and
- (iii) where applicable, such fee as may be prescribed by the Authority under section 38.
- (2) Where F4[paragraph (g) or (h)], or both, of section 104(1) apply in respect of an application made under subsection (1), the Authority shall, at the same time as renewing a licence under that subsection, having regard to the reasons specified under F4[paragraph (g) or (h)], or both, of section 104(1) as the case may be, and any further information obtained under section 105(6), make a determination—
- (a) as to whether the relevant gambling activity for a charitable or philanthropic purpose can be provided off the premises through the licensee or another person where that other person is an employee, servant or agent of that licensee, and
- (b) where applicable, as to whether children are permitted to act as an employee, servant or agent of the licensee.
- (3) A gambling licence renewed under this section—
- (a) shall specify the relevant gambling activity for a charitable or philanthropic purpose, including the event, series of events or class of events in respect of which the person may provide pool betting, that may be provided pursuant to the licence,
- (b) shall specify where the relevant gambling activity referred to in paragraph (a) may be provided—
- (i) from one or more premises in the State to a person who attends at the premises to participate in the activity,
- (ii) from one or more premises in the State to a person who attends at the premises to participate in the activity and off the premises through the licensee or another person where that other person is an employee, servant or agent of that licensee,
- (iii) by remote means, or
- (iv) in the manner specified in subparagraphs (i) and (iii) or subparagraphs (ii) and (iii),
- (c) where applicable, shall specify that children are permitted to act as an employee, servant or agent of the licensee for the purpose of providing a relevant gambling activity for a charitable or philanthropic purpose, referred to in paragraph (a), off the premises, and
- (d) is renewed subject to the conditions which apply to the licence concerned in accordance with Chapter 9.
- (4) The Authority shall refuse to renew a licence where—
- (a) subject to subsection (8), paragraphs (a) to (e) of subsection (1) have not been complied with,
- (b) it is no longer satisfied as to any of the matters set out in subparagraphs (ii) to (iv) of section 120(1)(a), or
- (c) where applicable, it has not received the fee prescribed by the Authority under section 38.
- F4[(5) Notwithstanding section 108, where an application for renewal of a gambling licence for a charitable or philanthropic purpose 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 a decision of the Authority to refuse to renew the licence is upheld on appeal under Part 9, the licence concerned shall cease to be in force on the making of that decision 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 118 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.
122. Application to vary relevant gambling activity for a charitable or philanthropic purpose
122. (1) A licensee of a gambling licence for a charitable or philanthropic purpose, other than for a once-off activity, may apply to the Authority—
- (a) to vary the relevant gambling activity or activities for a charitable or philanthropic purpose that the licensee may provide pursuant to the licence, or
- (b) to vary the event, series of events or class of events in respect of which the licensee has been licensed to provide pool betting, or where the licensee did not, at the time the licence was sought, wish to provide pool betting, the event, series of events or class of events in respect of which the person now seeks to provide pool betting.
- (2) An application under subsection (1) shall—
- (a) be made in such form and manner, and be accompanied by such information and supporting documentation, as the Authority shall specify, and
- (b) where applicable, be accompanied by such fee as may be prescribed by the Authority under section 38.
- (3) The Authority may grant an application under this section to vary the licence concerned where it is satisfied, having regard to the information and supporting documentation supplied by the licensee as required by the Authority in accordance with subsection (2), that it is appropriate to do so.
- (4) Where the Authority refuses to grant an application under this section, 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.
Chapter 8 Standards and certification of certain gambling products and gambling related services and applications for grant and renewal of Business to Business gambling licences
123. Power to set standards for certain gambling products and gambling related services
123. (1) The Authority may develop, adopt and publish on its website standards for—
- (a) in relation to gambling products—
- (i) the manufacture or adaptation of gaming machines or parts of gaming machines, and
- (ii) the manufacture or adaptation of software used for the operation of gambling,
and
- (b) in relation to gambling related services—
- (i) the installation, maintenance or repair of gaming machines or parts of gaming machines, and
- (ii) the installation, maintenance or upgrading of software used for the operation of gambling.
- (2) Standards published under subsection (1) shall take effect—
- (a) where the standards relate to the gambling products referred to in subsection (1)(a)(i) or the gambling related services referred to in subsection (1)(b)(i), on the day following the expiry of the third anniversary of the date of such publication, and
- (b) where the standards relate to the gambling products referred to in subsection (1)(a)(ii) or the gambling related services referred to in subsection (1)(b)(ii), on the day following the expiry of the period of 6 months from the date of such publication.
- (3) The Authority may, from time to time, amend, replace or revoke, in whole or in part, the standards published under subsection (1).
- (4) Where the Authority under subsection (3) amends or replaces the standards, the standards as so amended or replaced shall take effect and replace the previous standards—
- (a) where the standards relate to the gambling products referred to in subsection (1)(a)(i) or the gambling related services referred to in subsection (1)(b)(i), on the day following the expiry of the third anniversary of the date of publication of the standards as amended or replaced in accordance with subsection (5), and
- (b) where the standards relate to the gambling products referred to in subsection (1)(a)(ii) or the gambling related services referred to in subsection (1)(b)(ii), on the day following the expiry of the period of 6 months from the date of publication of the standards as amended or replaced in accordance with subsection (5).
- (5) Where the Authority amends, replaces or revokes standards under subsection (3), the Authority shall publish the standards as so amended or replaced or publish the fact of the revocation of the standards, as the case may be, on its website as soon as practicable after it so amends, replaces or revokes.
- (6) The Authority may, for the purpose of developing standards under this section—
- (a) engage, under section 18, the services of another person with appropriate expertise to develop the standards, and
- (b) consult with such persons, including licensees, as it considers appropriate.
124. Application for certification of gambling product or gambling related service where standards in effect in accordance with section 123
124. (1) Where the Authority publishes standards under section 123(1) in relation to a gambling product or gambling related service, an application for a Business to Business gambling licence under section 125, for renewal of the licence under section 127 or to vary the licence under section 128, may not include an application in relation to the product or service concerned at any time after—
- (a) where the standards relate to the gambling products referred to in section 123(1)(a)(i) or the gambling related services referred to in section 123(1)(b)(i), the day following the third anniversary of the date of such publication in relation to the product or service concerned, or
- (b) where the standards relate to the gambling products referred to in section 123(1)(a)(ii) or the gambling related services referred to in section 123(1)(b)(ii), the day following the expiry of the period of 6 months from the date of such publication in relation to the product or service concerned,
unless a certificate has issued in accordance with this section that the product or service concerned meets those standards.
- (2) On each occasion where the Authority amends or replaces standards under section 123(3), an application under section 125, 127 or 128 may not include an application in relation to a product or service the subject of those standards as amended or replaced at any time after—
- (a) where the standards relate to the gambling products referred to in section 123(1)(a)(i) or the gambling related services referred to in section 123(1)(b)(i), the day following the third anniversary of the date of publication of those standards as amended or replaced under section 123(5), or
- (b) where the standards relate to the gambling products referred to in section 123(1)(a)(ii) or the gambling related service referred to in section 123(1)(b)(ii), the day following the expiry of the period of 6 months from the date of publication of the standards as amended or replaced under section 123(5),
unless a certificate has issued in accordance with this section that the product or service concerned meets those standards as amended or replaced.
- (3) An application may be made under this section by a manufacturer of a gambling product, in such form and manner as may be specified by the Authority, for a certificate that the gambling product meets the standards referred to in subsection (1) or (2), as the case may be.
- (4) An application may be made under this section by a provider of a gambling related service, in such form and manner as may be specified by the Authority, for a certificate that the gambling related service meets the standards referred to in subsection (1) or (2), as the case may be.
- (5) An application under subsection (3) or (4) shall be accompanied by—
- (a) such documents as may be specified by the Authority to enable it to determine if the gambling product or gambling related service concerned meets the standards which relate to that product or service, and
- (b) if applicable, such fee as may be prescribed by the Authority under section 38.
- (6) The Authority shall, on receipt of an application under subsection (3) or (4) and the documents and fee referred to in subsection (5), where it is satisfied that a gambling product or gambling related service meets the standards referred to in subsection (1) or (2), as the case may be, issue a certificate to the manufacturer or provider concerned confirming that the product or service meets those standards.
- (7) Where the Authority refuses to grant an application under this section, it shall notify the manufacturer or provider concerned within 14 days of the date of the decision and the notice shall state—
- (a) the reasons for the decision,
- (b) that the manufacturer or provider, as the case may be, 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.
125. Application for Business to Business gambling licence
125. (1) Subject to section 124, a person may apply to the Authority for a Business to Business gambling licence in such form as may be specified by the Authority.
- (2) A person that, immediately before the coming into operation of this section, sold or supplied, directly or indirectly, a gambling product or a gambling related service, or both, in the State or to a person outside the State, shall, if the person wishes to continue to so sell or supply after such coming into operation, make an application under subsection (1), not later than—
- (a) 6 months after such coming into operation, or
- (b) the expiration of such longer period after such coming into operation as the Minister may specify.
- (3) Where the Minister specifies a period for the purposes of subsection (2)(b), he or she shall notify the Authority of the period and the Authority shall publish, on its website, a notice of the period so specified.
- (4) An application under subsection (1) shall contain the following information:
- (a) particulars of the gambling product or gambling related service, or both, the person wishes to sell or supply;
- (b) the place in the State from which the proposed licensee intends to sell or supply the gambling products for which the licence is sought;
- (c) such other information as may be specified by the Authority.
- (5) An application under subsection (1) shall be accompanied by—
- (a) the relevant information and documentation,
- (b) where applicable, a copy of a certificate that has issued under section 124 in relation to a gambling product or gambling related service which is a subject of the application, and
- (c) if applicable, such fee as may be prescribed by the Authority under section 38.
126. Determination by Authority of application for Business to Business gambling licence
126. (1) Subject to section 89(2) and subsection (2), the Authority shall grant a Business to Business gambling licence where—
- (a) it is satisfied that—
- (i) the application complies with the requirements of section 125,
- (ii) 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, and
- (iii) the financial information furnished with the application demonstrates the capacity of the proposed licensee to provide the gambling product or gambling related service, or both, which the proposed licensee wishes to sell or supply pursuant to the licence,
and
- (b) where applicable, it has received such fee as may be prescribed by the Authority under section 38.
- (2) A Business to Business gambling licence granted under this section—
- (a) shall specify each relevant gambling product or relevant gambling related service, or both, as the case may be, that the licensee may sell or supply pursuant to the licence, and
- (b) is granted subject to the conditions which apply to the licence concerned in accordance with Chapter 9.
- (3) The Authority shall refuse to grant a Business to Business gambling licence where—
- (a) it is not satisfied of any matter referred to in subsection (1)(a), or
- (b) it has not received the fee (if any) 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 notify the person who made the application under section 125 and, if different, the proposed licensee, within 14 days of the date of the decision.
- (5) A notice under subsection (4) 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.
127. Renewal of Business to Business gambling licence
127. (1) Subject to sections 89(2) and 124 and subsection (2), the Authority shall renew a Business to Business gambling licence on application being made to it where the applic-ation—
- (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, and
- (c) is accompanied by—
- (i) the updated relevant information and documentation,
- (ii) where applicable, a copy of a certificate that has issued under section 124 in relation to a gambling product or gambling related service which is a subject of the application for renewal, and
- (iii) if applicable, such fee as may be prescribed by the Authority under section 38.
- (2) A Business to Business gambling licence renewed under subsection (1)—
- (a) shall specify each relevant gambling product or relevant gambling related service, or both, as the case may be, that the licensee may sell or supply pursuant to the licence, and
- (b) is renewed subject to the conditions which apply to the licence concerned in accordance with Chapter 9.
- (3) The Authority shall refuse to renew a licence where—
- (a) subject to subsection (5), paragraphs (a) to (c) of subsection (1) have not been complied with, or
- (b) it is no longer satisfied as to any of the matters set out in section 126(1)(a)(ii) or (iii).
- F5[(4) Notwithstanding section 108, where an application for renewal of a Business to Business 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 one of the following occurs:
- (i) the period allowed for bringing an appeal under Part 9 expires and no appeal has been brought;
- (ii) an appeal is brought under Part 9 and, without prejudice to section 222(4), the appeal is determined in accordance with that section.]
- (5) 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 125 shall apply accordingly.
- (6) 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 Business to Business gambling 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.
- (7) Where the Authority makes a decision under subsection (3) 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.
128. Application to vary relevant gambling product or relevant gambling related service
128. (1) Subject to section 124, a licensee of a Business to Business gambling licence may apply to the Authority to vary the relevant gambling product or relevant gambling related service that may be provided pursuant to the licence.
- (2) An application under subsection (1) shall—
- (a) be made in such form and manner, and be accompanied by such information and supporting documentation, as the Authority shall specify, and
- (b) where applicable, be accompanied by such fee as may be prescribed by the Authority under section 38.
- (3) The Authority may grant an application made under subsection (1) to vary the relevant gambling product or relevant gambling related service that may be provided pursuant to the licence concerned where it is satisfied, having regard to the information and supporting documentation supplied by the licensee in accordance with subsection (2), that it is appropriate to do so.
- (4) Where the Authority refuses to grant an application under this section, 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.
Chapter 9 Conditions attaching to gambling licences
129. Regulations (Chapter 9)
129. (1) The Authority may prescribe conditions, additional to those set out in this Chapter, which shall apply to gambling licences.
- (2) Without prejudice to the generality of subsection (1), conditions may be prescribed under that subsection by reference to—
- (a) different types of gambling licences,
- (b) the duration for which different gambling licences are held, or
- (c) a particular category or categories of relevant gambling activities, relevant gambling products or relevant gambling related services.
130. Conditions attaching to gambling licences: general
130. A gambling licence is granted or renewed under this Part subject to—
- (a) the conditions set out in this Chapter which apply to the gambling licence concerned,
- (b) such other conditions (if any) as may be prescribed by the Authority under section 129, and
- (c) any conditions imposed under Part 8 on the licence concerned.
131. Conditions attaching to Business to Consumer gambling licences and gambling licences for charitable or philanthropic purpose
131. A Business to Consumer gambling licence and a gambling licence for a charitable or philanthropic purpose is granted subject to—
- (a) a licensee of the licence—
- (i) having the financial capacity to provide the relevant gambling activity and to fund winnings, and
- (ii) funding winnings from lawful activities,
- (b) a licensee and, where applicable, each relevant officer and each beneficial owner, continuing to be a fit and proper person to hold the gambling licence concerned,
- (c) a licensee providing a relevant gambling activity,
- (d) the relevant payment and winnings for each relevant gambling activity not exceeding the maximum relevant payment and maximum winnings,
- (e) where maximum relevant payment and maximum winnings apply in respect of a relevant gambling activity, the maximum relevant payment and maximum winnings in respect of the activity being displayed in a prominent location—
- (i) at each premises where the activity is conducted, and
- (ii) on each on-line platform where the activity can be accessed,
- (f) compliance by the licensee with section 133,
- (g) where applicable, the Authority continuing to be satisfied, following receipt of a notice under section 133—
- (i) where the notice relates to information referred to in section 102(1)(b), that the software continues to enable the licensee concerned to view, in real time, inform-ation on the National Gambling Exclusion Register which affects the licensee concerned, and
- (ii) where the notice relates to information referred to in section 102(1)(c), as to the matters referred to in section 103(3) in relation to the manufacture, adaption, installation, maintenance and upgrade of software used in a relevant gambling activity provided by remote means,
and
- (h) the payment, within the period specified in a notice under section 41(5), of the charge due under Chapter 2 of Part 2 in respect of the licence concerned, subject to any appeal pending under Part 9 in relation to that charge.
132. Notice to Authority of change of information given under section 98(1)
132. (1) A licensee of a Business to Consumer gambling licence who provides a relevant gambling activity from one or more premises in the State and to whom section 98(1) applied when making an application for the licence concerned, on renewal of that licence or when making an application under section 116, shall notify the Authority of a change, referred to in subsection (2), to the information provided under that section in respect of the premises concerned.
- F6[(2) The Authority shall specify, by notice published on its website, the changes to be notified to it under subsection (1).
- (3) A notification under subsection (1) shall be made within 7 days of a change referred to in subsection (2).]
133. Notice to Authority of change in information given under section 102
133. (1) A licensee of a Business to Consumer gambling licence who provides a relevant gambling activity by remote means and who was required to provide information specified in section 102 in an application for the licence or for renewal of the licence, shall notify the Authority of a change to that information where the change is specified under subsection (2).
- (2) The Authority shall specify, by notice published on its website, the changes to be notified to it under subsection (1).
- (3) A notification under subsection (1) shall be made within 7 days of a change referred to in subsection (2).
- (4) The Authority may, where it considers it necessary for the purposes of section 131(g), conduct a further assessment under section 103.
134. Additional conditions: Business to Consumer gambling licences
134. In addition to what is provided for in section 131, a Business to Consumer gambling licence is granted subject to the following conditions:
- (a) other than a lottery licence for a once-off lottery, that the licensee of the licence shall establish and maintain a Segregated Customer Account in accordance with section 135;
- (b) where children are permitted on premises in which a relevant gambling activity is or may be provided pursuant to the licence, compliance by the licensee with any condi-tions imposed under section 100(3);
- (c) where applicable, compliance by the licensee with a determination made under subsection (1) or (2) of section 101 as to the number and location of automated teller machines permitted on a premises and compliance with any conditions imposed under subsection (3) of that section;
- (d) where applicable, compliance by the licensee with section 132;
- (e) where section 132(1) applies, the Authority being satisfied, following receipt of a notification under that provision, that the premises continue to be appropriate for use for the relevant gambling activity concerned.
135. Establishment and maintenance of Segregated Customer Account
135. (1) Subject to regulations made under section 136, a licensee of a Business to Consumer gambling licence shall, in accordance with this section, open and maintain a single account (in this Act referred to as a “Segregated Customer Account”) in a regulated financial service provider to hold the funds specified in subsection (2).
- (2) The funds (in this Act referred to as “relevant funds”) referred to in subsection (1) are—
- (a) money held with a licensee by—
- (i) an account-holder, or
- (ii) a person (in this section referred to as an “in-person participant”) participating in a relevant gambling activity on a premises in the State,
- (b) until such time as a relevant gambling activity has been completed, relevant payments made by participants to a licensee in connection with that activity, and
- (c) winnings not paid out by the licensee.
- (3) A licensee may only access relevant funds in a Segregated Customer Account—
- (a) in relation to funds referred to in subsection (2)(a), subject to section 171, when authorised to do so by the account-holder or in-person participant concerned,
- (b) subject to subsection (4), in relation to funds referred to in subsection (2)(b), when the relevant gambling activity concerned has been completed,
- (c) in relation to funds referred to in subsection (2)(c), to pay out winnings, and
- (d) in the cases referred to in paragraphs (a) to (c), as otherwise authorised by regulations made under section 136.
- (4) A licensee may only access relevant payments made to a licensee in connection with a relevant gambling activity after the activity is completed to the extent that the relevant payments are not required to fund winnings in respect of the activity concerned.
- (5) Subject to any regulations that may be made under section 136(d), a licensee shall keep up-to-date records in relation to a Segregated Customer Account in such a manner as enables identification of—
- (a) in relation to the funds referred to in subsection (2)(a), the amount standing to the credit of each account-holder and in-person participant,
- (b) in connection with the funds referred to in subsection (2)(b), the total amount of the relevant payments held by a licensee in connection with the relevant gambling activity concerned, and
- (c) in relation to the funds referred to in subsection (2)(c), the amount of winnings which have not been paid out by the licensee.
- (6) A licensee who fails to comply with an obligation imposed by this section or in regulations made under section 136 on the licensee in relation to a Segregated Customer Account commits an offence and 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.
136. Regulations: Segregated Customer Accounts
136. The Authority may, for the purposes of section 135 and the operation of Segregated Customer Accounts by licensees, by regulations do any or all of the following:
- (a) specify the type of account licensees may open at a regulated financial services provider for the Account;
- (b) specify a category of Business to Consumer gambling licence or a relevant gambling activity which is the subject of such a licence, or both, in respect of which a licensee of that licence is not required to open and maintain the Account;
- (c) specify, for the purposes of section 135(3)(d), when a licensee may access relevant funds;
- (d) specify the accounting records to be maintained by a licensee in relation to the Account including information as to relevant funds received, held, controlled or paid out by the licensee;
- (e) specify the minimum period or periods for which the accounting records referred to in paragraph (d) shall be retained by a licensee;
- (f) require a licensee to arrange for the examination, by an auditor or a duly qualified accountant, at intervals specified in the regulations, of accounting records to be maintained by the licensee under paragraph (d);
- (g) specify circumstances in which a licensee may be required to make good any deficit in relevant funds in an Account;
- (h) specify the circumstances and manner in which a licensee shall verify compliance with section 135 and the regulations (if any) made under this section, including the frequency of so verifying.
137. Additional condition: game provided under gaming licence or gambling licence for charitable or philanthropic purpose
137. In addition to what is provided for in sections 131 and 134, a gaming licence and, where a gambling licence for a charitable or philanthropic purpose authorises the licensee of that licence to provide a game, that licence, is granted subject to the condition that where the participants in a game include the licensee of the licence concerned, the chance that the licensee has as a participant of winning the game and the chance that all other participants in the game have of winning the game, are equal.
138. Additional conditions: lottery licences
138. In addition to what is provided for in sections 131 and 134, a lottery licence is granted subject to—
- (a) every ticket relating to a lottery provided pursuant to the licence—
- (i) bearing the name and address of the licensee providing the lottery, and
- (ii) containing such other information as may be prescribed by the Authority,
and
- (b) in the case of a lottery licence for a once-off lottery, the lottery being held on the date specified under section 113(2)(b)(i).
139. Additional conditions: gambling licence for charitable or philanthropic purpose
139. In addition to what is provided for in section 131, a gambling licence for a charitable or philanthropic purpose is granted subject to—
- (a) the licensee continuing to be—
- (i) in the case of an individual, domiciled in the State, or
- (ii) in the case of a body corporate, established in the State,
- (b) the licensee—
- (i) providing a relevant gambling activity for a charitable or philanthropic purpose, and
- (ii) deriving no personal profit from that activity,
and
- (c) at a minimum, 30 per cent of the total relevant payments being used by the licensee for a charitable or philanthropic purpose.
140. Conditions attaching to Business to Business gambling licence
140. A Business to Business gambling licence is granted subject to—
- (a) the licensee, and, where applicable, each relevant officer and each beneficial owner, continuing to be a fit and proper person to hold the gambling licence concerned,
- (b) the licensee continuing to have the financial capacity to provide the relevant gambling product or relevant gambling related service, or both, as the case may be,
- (c) the licensee selling or supplying a relevant gambling product or relevant gambling related service specified in the licence,
- (d) where applicable, the relevant gambling product or relevant gambling service, or both, provided pursuant to the licence concerned remaining certified under section 124, and
- (e) the payment, within the period specified in a notice under section 41(5), of the charge under Chapter 2 of Part 2 due in respect of the licence concerned, subject to any appeal pending under Part 9 in relation to that charge.
PART 6
Obligations on Licensees and other Persons
Chapter 1 Obligations on licensees and other persons: advertising, branded clothing and engagement of CHILDREN IN PROVIDING RELEVANT GAMBLING ACTIVITY
141. Interpretation (Chapter 1 – Part 6)
141. In this Chapter—
“Act of 2009” means the Broadcasting Act 2009;
“applicable regulations”, in relation to advertising, means regulations made under section 144;
“audiovisual on-demand media service” has the same meaning as it has in section 2 of the Act of 2009;
“broadcaster” has the same meaning as it has in the Act of 2009;
“broadcasting service” has the same meaning as it has in the Act of 2009;
“editorial responsibility” means, in relation to an on-demand sound service, effective control over—
- (a) the selection of sound programmes or sound recordings, or both, as the case may be, and
- (b) the organisation of those programmes or recordings, or both, as the case may be, in a programme schedule or a catalogue which lists programmes or recordings that are available;
“electronic communications network” has the same meaning as it has in section 2(1) of the Communications Regulation Act 2002;
“on-demand sound service” means a service (within the meaning of Articles 56 and 57 of the Treaty on the Functioning of the European Union) where—
- (a) the principal purpose of the service, or of a dissociable section of the service, is to provide sound programmes or sound recordings by electronic communications networks to the general public in order to inform, entertain or educate, and
- (b) that service is under the editorial responsibility of the provider of that service;
“relevant content” means, in relation to advertising—
- (a) a relevant gambling activity, or
- (b) in the case of a Business to Consumer gambling licence, the licensee of that gambling licence;
“social media service” means a website or software application (commonly known and in this Chapter referred to as an “app”) that permits a person who is a registered user of the service, has an account with the service or who creates a profile with the service to do any or all of the following—
- (a) create, share and view user-generated content on the website or application,
- (b) generate content on the website or software application that can be viewed by other users of the service, or
- (c) communicate with other users of the service;
“video-sharing platform service” has the same meaning as it has in section 2(2) and (3) of the Act of 2009.
142. Obligation not to engage child as employee, servant or agent providing relevant gambling activity
142. (1) Subject to subsection (2), a licensee shall not—
- (a) engage a child, or cause a child to be engaged on the licensee’s behalf, as an employee, servant or agent, to provide a relevant gambling activity, or
- (b) permit a child to act as the licensee’s employee, servant or agent in providing a relevant gambling activity.
- (2) A licensee of a gambling licence for a charitable or philanthropic purpose may engage a child or cause a child to be engaged as referred to in subsection (1)(a) and permit a child to act in the manner specified in subsection (1)(b) where it is authorised in the terms of the licence in accordance with section 120(2) or 121(2).
143. Obligations on licensees in relation to advertising: general
143. A licensee shall, in advertising relevant content or causing another person to advertise relevant content on the licensee’s behalf, comply with obligations imposed in relation to advertising under this Part and, where applicable, by the applicable regulations.
144. Regulations regarding advertisements
144. (1) The Authority shall, having regard to the matters specified in subsection (3), make regulations requiring licensees to include certain matters in advertisements relating to relevant content.
- (2) The Authority may, having regard to the matters specified in subsection (3), make regulations to do any or all of the following:
- (a) subject to section 148, prohibit the inclusion of certain matters in such advertisements;
- (b) subject to section 149, prescribe the times, places and events at which advertisements relating to relevant content may be shown;
- (c) having regard to the medium through which such advertisements are shown, prescribe—
- (i) the frequency with which such advertisements may be shown or broadcast, or
- (ii) the duration of such advertisements.
- (3) The matters referred to in subsections (1) and (2) are—
- (a) the level of participation in different types of relevant gambling activities in the State, including excessive or compulsive gambling,
- (b) any expert research available to the Authority in relation to factors that may increase or decrease excessive and compulsive gambling and the means to address such gambling, and
- (c) the need to prevent children from gambling.
- (4) Without prejudice to the generality of subsections (1) and (2)—
- (a) regulations made under those subsections may be expressed to apply generally to advertisements or may make different provision for different advertisements by reference to any or all of the following:
- (i) the type of gambling licence held;
- (ii) a particular category or categories of relevant gambling activities, relevant gambling products or relevant gambling related services being advertised;
- (iii) the medium through which advertisements are made including the medium of an audiovisual on-demand media service, an on-demand sound service communication, a social media service, a video-sharing platform service, a website, an app, television, radio or print;
- (iv) in the case of regulations made under subsection (2), a specific place or event or category of places or events,
- (b) regulations under subsection (1) may require any or all of the following information to be included in advertisements:
- (i) the name and contact details of the licensee who is providing the relevant gambling activity and the type of gambling licence held;
- (ii) a statement that children are prohibited from participating in relevant gambling activities;
- (iii) a warning of the risk of excessive or compulsive gambling and the consequences of such gambling;
- (iv) details of where information may be found on the risk of excessive or compulsive gambling and how to address such gambling;
- (v) details of where support services are available in relation to excessive and compulsive gambling;
- (vi) an explicit statement that the activity is a relevant gambling activity in respect of which a person may make a relevant payment without obtaining anything in return,
and
- (c) where regulations under subsection (1) require any or all of the information referred to in paragraph (b) to be included in advertisements, such regulations may, having regard to the medium through which such advertisements are made, prescribe how the information is to be included in the advertisements, including the size, colour and font type that is to be used in giving the information.
145. Advertising by licensee by means of audiovisual on-demand media service or on-demand sound service
145. (1) Subject to this section, a licensee shall not advertise relevant content, or cause a person to advertise relevant content on the licensee’s behalf, on an audiovisual on demand media service or on an on-demand sound service to another person (in this section referred to as the “intended recipient”) unless—
- (a) the intended recipient has an account with the service concerned, and
- (b) the licensee complies with the applicable regulations.
- (2) A licensee shall not be taken to have contravened subsection (1) where—
- (a) an intended recipient does not have an account with an audiovisual on-demand media service or an on-demand sound service, and
- (b) as part of the content delivered by that service—
- (i) a logo, trademark, emblem or marketing image of the licensee displayed at a sporting event is, in the case of an audiovisual on-demand service, visible to the intended recipient of that service, or
- (ii) details of the sponsorship by the licensee of a sporting event are, in the case of an audiovisual on-demand service, visible, or in the case of an on-demand sound service, audible to that intended recipient of that service.
- (3) Subsection (1) shall not apply to advertising relevant content on an audiovisual on demand media service or an on-demand sound service by a licensee of a gambling licence for a charitable or philanthropic purpose provided that the advertising by that licensee does not include—
- (a) the name or trading name, or part of the name or trading name, of a licensee of a Business to Consumer gambling licence or a Business to Business gambling licensee, or
- (b) the logo, trademark, emblem or marketing image of such a licensee.
146. Advertising on social media service and video-sharing platform service
146. (1) Subject to subsection (2) F7[...], a licensee shall not enter into an arrangement (howsoever described) with another person for the purposes of advertising relevant content to a third party (in this section referred to as the “intended recipient”) on a social media service or a video-sharing platform service unless the terms of the arrangement ensure such advertising is provided—
- (a) to an intended recipient only where—
- (i) the recipient has an account with that other person, and
- (ii) that recipient has subscribed to the licensee’s account on that service,
and
- (b) in accordance with the applicable regulations.
- (2) Subsection (1) shall not apply to an arrangement to advertise relevant content referred to in that subsection entered into by a licensee of a gambling licence for a charitable or philanthropic purpose where that arrangement ensures that the advertising shall not include—
- (a) the name or trading name, or part of the name or trading name, of a licensee of a Business to Consumer gambling licence or a Business to Business gambling licensee, or
- (b) the logo, trademark, emblem or marketing image of such a licensee.
147. Advertising by licensee by means of electronic communication
147. (1) Subject to this section, a licensee shall not advertise relevant content, or cause a person to advertise relevant content on the licensee’s behalf, by electronic communication to another person (in this section referred to as the “intended recipient”) unless—
- (a) the intended recipient has given consent to receiving advertising from the licensee concerned by means of that electronic communication,
- (b) the service provides an easily accessible mechanism to enable the recipient to stop receiving such advertising from the licensee concerned, and
- (c) the licensee complies with any applicable regulations.
- (2) A licensee shall not be taken to have contravened subsection (1) where, notwithstanding that paragraph (a) or (b) of that subsection does not apply, as part of the content shown to an intended recipient by an electronic communication—
- (a) a logo, trademark, emblem or marketing image of the licensee displayed at a sporting event is visible, or
- (b) details of the sponsorship by the licensee of a sporting event is visible or audible.
- (3) Subsection (1) shall not apply to the advertising of relevant content by electronic communication by a licensee of a gambling licence for a charitable or philanthropic purpose provided that the advertising by that licensee does not include—
- (a) the name or trading name, or part of the name or trading name, of a licensee of a Business to Consumer gambling licence or a Business to Business gambling licensee, or
- (b) the logo, trademark, emblem or marketing image of such a licensee.
- (4) In this section, “electronic communication” means any electronic communication (including by telephone, text message or e-mail) other than an audiovisual on-demand media service, an on-demand sound service, a social media service, a video-sharing platform service or a broadcasting service.
148. Prohibited material in advertisement
148. A licensee shall not advertise relevant content, or cause another person to advertise relevant content on the licensee’s behalf where the advertisement includes material that is likely to—
- (a) portray gambling as attractive to children,
- (b) condone participation in gambling by children,
- (c) encourage or cause children to gamble,
- (d) exploit the credulity, loyalty, vulnerability or lack of experience of children,
- (e) cause, condone or encourage excessive or compulsive gambling, or
- (f) mislead, deceive or confuse, whether directly or indirectly, members of the public about the potential social or financial advantages of gambling.
149. Prohibited hours for advertising on certain media
149. (1) Subject to subsection (2), a licensee shall not enter into an arrangement (howsoever described) with an audio-visual on-demand media service, an on-demand sound service or a broadcaster for the purposes of advertising relevant content between the hours of 5:30 a.m. and 9:00 p.m. on the service concerned.
- (2) Subsection (1) shall not apply to an arrangement to advertise relevant content referred to in that subsection entered into by a licensee of a gambling licence for a charitable or philanthropic purpose where the arrangement ensures that the advertising shall not include—
- (a) the name or trading name, or part of the name or trading name, of a licensee of a Business to Consumer gambling licence or a Business to Business gambling licensee, or
- (b) the logo, trademark, emblem or marketing image of such a licensee.
150. Application to High Court to direct cessation of advertising activity
150. (1) The Authority may, where it has reasonable grounds for believing that the advertising of relevant content by a relevant service provider contravenes an obligation imposed on a licensee by or under this Chapter, apply to the High Court for an order directing the relevant service provider to cease such advertising.
- (2) An application under subsection (1) shall be made on notice to the relevant service provider and licensee concerned.
- (3) On the hearing of an application under subsection (1), the High Court may, where it is satisfied that the advertising concerned contravenes an obligation imposed on a licensee by or under this Chapter, make an order directing the relevant service provider to cease such advertising.
- (4) In this section, “relevant service provider” means an audio visual on-demand media service, an on-demand sound service, a social media service, a video-sharing platform service or a broadcaster.
151. Prohibition on branded clothing and merchandise
151. (1) Subject to subsection (3), a person shall not—
- (a) manufacture, for sale in the State,
- (b) import, for sale in the State, or
- (c) sell, supply or provide free of charge, to a person in the State,
a branded article of clothing or merchandise intended to be worn or used by a child.
- (2) A person shall not distribute a branded article of clothing or merchandise at an event which may be attended by children.
- (3) Subsection (1) shall not apply to clothing or merchandise offered for sale, supplied or provided free of charge, within a period of 12 months commencing on the date this section comes into operation.
- (4) Where, in the prosecution of an offence under this section, the defendant asserts that subsection (3) applies, the onus of proving that the clothing or merchandise concerned was offered for sale, supplied or provided free of charge, within the period of 12 months referred to in that subsection, shall lie with the defendant.
- (5) A person who contravenes subsection (1) or (2) is guilty of an offence and 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.
- (6) In this section, “branded article of clothing or merchandise” means an article of clothing or merchandise that—
- (a) advertises a relevant gambling activity, or
- (b) bears, in relation to a licensee of a Business to Consumer gambling licence or a Business to Business gambling licence—
- (i) the name of the licensee, or
- (ii) a trademark, emblem, marketing image or logo of the licensee by reference to which a relevant gambling activity or a relevant gambling product or relevant gambling related service is provided or marketed.
Chapter 2 Obligations on licensees: general
152. Obligation on licensees to maintain records and accounts
152. (1) Subject to subsection (6), the Authority may prescribe the records and accounts which are required to be kept and maintained by a licensee for the purposes of this Act.
- (2) Without prejudice to the generality of subsection (1), the Authority may prescribe—
- (a) different records and different accounts to be maintained by reference to different gambling licences or by reference to different relevant gambling activities under gambling licences, and
- (b) the form in which the records and accounts are to be kept and maintained.
- (3) Subject to subsection (2)(b), the records and accounts referred to in subsection (1) may be kept and maintained in a form that is not legible if they are capable of being converted into a legible form.
- (4) In any proceedings taken under this Act, a certificate signed by an authorised officer and containing information stated to be taken from records and accounts kept and maintained in accordance with this section by a licensee shall be admissible as evidence of the facts stated in the certificate.
- (5) A document purporting to be a certificate under subsection (4) shall, in any proceedings, be deemed to be such a certificate and to have been signed by an authorised officer unless the contrary is proved.
- (6) This section shall not apply to Segregated Customer Accounts.
153. Obligation to notify Authority of changes
153. (1) Where, during the period in which a gambling licence is in force, a material event occurs, the licensee of the gambling licence concerned shall, not later than 7 days after the material event occurs, notify the Authority in writing of the happening of that event.
- (2) In this section, a material event occurs where—
- (a) in respect of a body corporate that is a licensee—
- (i) a person is appointed to be a relevant officer or ceases to be a relevant officer of that body, or
- (ii) a person becomes, or ceases to be, a beneficial owner of that body,
- (b) there is any change, from that given in the application for the licence or for renewal of the licence concerned, in the address of the licensee for the purposes of the service of notices under this Act,
- (c) the licensee is convicted and, where applicable, a relevant officer or a beneficial owner of the licensee is convicted, of a relevant offence,
- (d) proceedings have been instituted in relation to a relevant offence where those proceedings were not instituted at the time of the application for the licence or for the renewal of the licence concerned, as the case may be,
- (e) a finding, referred to in paragraph (n) of subsection (1) of section 96, is made against a licensee or where applicable, a relevant officer or beneficial owner of a licensee, a sanction referred to in that paragraph is imposed or proceedings, referred to in paragraph (o) of that subsection, are commenced, or
- (f) there is a change in the financial circumstances of the licensee which may impact on the capacity of that licensee to provide the gambling activities under the licence concerned, to fund winnings or to meet the licensee’s relevant obligations.
Chapter 3 Obligations on certain licensees: suspicious gambling patterns, inducements, participation of CHILDREN AND SPONSORSHIP
154. Application (Chapter 3)
154. This Chapter, other than section 159, applies to a licensee of a Business to Consumer gambling licence and a licensee of a gambling licence for a charitable or philanthropic purpose.
155. Obligation to pay out winnings
155. A licensee to whom this Chapter applies shall not unreasonably withhold the payment of winnings.
156. Obligation to notify Authority of suspicious gambling patterns
156. (1) Where a licensee to whom this Chapter applies becomes aware of a gambling pattern (in this section referred to as a “suspicious gambling pattern”) that suggests there is an attempt to influence the outcome of a relevant gambling activity, the licensee shall—
- (a) cease accepting relevant payments in relation to the relevant gambling activity concerned,
- (b) issue a note in writing to each person who attempts to make a relevant payment after such cessation stating that the payment has been refused,
- (c) keep a copy of each note issued under paragraph (b),
- (d) notify the Authority as soon as practicable about the suspicious gambling pattern and confirm that it ceased accepting relevant payments in relation to the relevant gambling activity concerned,
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