Amusement Licences

Table of Contents

Gaming and Amusement Licencing

Gaming and amusement licensing apply to an activity where a machine designed for gaming or amusement is provided for use. Gaming and amusement machines are played for reward or amusement and are usually operated by the insertion of a coin or token. The outcome from the playing of the machine is determined by the action of the machine, the result of which can be a monetary or other reward.

There are specific licensing requirements for gaming machine operators and amusement machine operators

Gaming Machine Operators

In order to trade legitimately, operators of gaming machines must hold a valid gaming licence for the premises where gaming takes place.
The gaming licence is specific to the premises indicated on the licence. Where a gaming operator has a number of premises in which gaming takes place, a gaming licence must be held for each of the premises.

In addition to a gaming licence, gaming operators are also required to hold a gaming machine licence for each gaming machine located in each premises.

Gaming Machine

A machine is considered to be a gaming machine if:

it is constructed or adapted for gaming, and
the player pays to play the machine whether by insertion of a coin, token or any other way, and
the outcome of the game is determined by the action of the machine whether or not provision is made for manipulation of the machine by the player, and
affords the player more than an opportunity to play again, or
affords the player the opportunity to obtain a monetary prize of any value.

Examples of gaming machines include poker machines, slot machines (“one arm bandits”) and electronic “fruit” machines.

Amusement Machine Operators

In order to trade legitimately operators of amusement machines are required to hold a valid amusement permit. An amusement permit allows amusement operators to locate amusement machines in specified locations.

Where an amusement operator has a number of premises in which amusement machines are located, an amusement permit is not required for each premises. However, the specific locations in which an amusement operator wishes to locate amusement machines must be included in a ‘Schedule of Public Places’.

The Schedule of Public Places is a list of locations where amusement machines are operated and is required as part of the amusement permit application process In addition to an amusement permit, amusement operators are also required to hold an amusement machine licence for each amusement machine located in the specified premises.

Amusement Machine

A machine is an amusement machine if:

it is constructed or adapted for playing of a game, and
the player pays to play the machine whether by insertion of a coin, token or any other way, and
the outcome of the game is determined by the action of the machine whether or not provision is made for manipulation of the machine by the player, and
affords the player no more than an opportunity to play again, or
affords the player the opportunity to obtain a non-monetary prize, which is available for purchase would not normally exceed seven euro in value.

Examples of amusement machines include novelty toy crane machines where the prize may be a cuddly toy and pin ball machines.

A voucher, which may be exchanged for goods to the vouchers value in certain shops or locations, is not considered a ‘monetary prize’. However, a machine with prizes of
vouchers exceeding seven euro in exchange value is considered to be a gaming machine.

Licences

The person who makes a gaming machine available for play must have a gaming licence for each machine (section 43 Finance Act 1975). The licence must be displayed. It must be produced for inspection. A person who makes an amusement machine available for play must have a permit for the premises and a licence for each amusement machine. (Section 124-1992)

Gaming and amusing licences

The following licences require an annual court certificate:

Gaming machine licence, 3 month or annual
Gaming licence (premises), 3 month or annual
An amusement machine permit must be in a schedule of public places.
Amusement machine annual licence requires a valid permit.
An amusement machine high season licence applies at a lower rate of duty per machine.

Where a court certificate is required it must be produced to the Revenue Commissioners within 12 months of issue.

Betting Premises

Betting Act Licences require a Certificate of Personal Fitness from Garda Síochána. Persons – resident outside the state may apply to the Minister for Justice. A Certificate of Suitability for betting premises requires an application to the Garda Síochána.

A gaming machine is one constructed or adopted for gaming. A gaming machine licence may only be issued for a machine where a gaming licence exists for the premises.

Gaming

The 1956 Gaming and Lotteries Act prohibits unlawful gaming . This includes promoting or providing facilities for any gaming in which by reason of the nature of the game, the chances of all players , including the banker are not equal, i n which any portion of the stakes is retained by the promoter or banker otherwise than as winnings or by means of any slot machine.

The District Court may grant a certificates authorising the issue of a licence permitting gaming at an amusement hall or fun fair. The local authority must have permitted gaming by adoption Part 3 of the Gaming and Lotteries Act.

Gaming Licences are issued by Revenue on receipt of a valid court certificate and payment of the duty.