Gaming

Table of Contents

Gaming and Wagering

Any contract by way of gaming and wagering is void. No action lies for the recovery of anything won or alleged to have been won or deposited. A promise, express or implied to any person or payment of commission fee or award is void.This restriction does not apply to an agreement to subscribe or contribute a sum of money to be awarded to the winner or winners of a game, sport or pastime, not prohibited by gaming and lotteries legislation.

Gaming and Lotteries have always been tightly regulated. The legislation in Ireland was updated in 2019. The equivalent legislation in the UK has been substantially updated with the formation of the Gambling Commission. The licensing is still based largely around An Garda Siochana and District Court.

The expressions “gaming” and “lottery” are wider than may be commonly understood. Gaming means playing any game where stakes are hazarded by the player. It may be of skill or chance or a combination. A gaming instrument is any table or instrument of gaming including coins, cards, tokens and articles used for gaming.

Unlawful Gaming

It is unlawful to promote or assist in promoting or providing facilities for any kind of gaming where by reason of the nature of the game the chance of all players including the banker is not equal or where any portion of the stakes are retained by the promoter or banker otherwise than as winnings as a result of the play or by way of a slot machine.

Gaming is not unlawful if no stake is hazarded by the players with the promoter other than a charge for the right to take part in the game provided that the charges made on the day in which the game is played is of the same amount by all players and the promoter derives no personal profit from promotion of the game.

It is an offence to keep or use a building, room or place open for unlawful gaming or in any way take part in the management or assist in the conduct of the business of any such place.

Any persons who by fraud or cheating in promoting or operating facilities for a game or acting as bank or on wagering on the event of a game, sport or past time wins or causes wins or causes any person to win from another, anything capable of being stolen shall be deemed guilty of the offence of dishonestly appropriating property.

General

The Gaming and Lotteries (Amendment) Act 2019 amends the Gaming and Lotteries Act 1956, which contains the existing provisions governing the permit and licence approach to local gaming and lottery activity. See the article on gaming licences and permits.

It updated the regulatory system for local gaming and lottery activity promoted under a permit or licence in Ireland. A uniform minimum age limit for engaging in gaming and lotteries isset at 18 years.

Stake and prize limits in respect of licensed gaming machines were adjusted upwards. They had remained unchanged since the 1956 Act came into effect.The Act made provision for a prize fund limit of €360,000, where a one-off annual lottery is promoted under a District Court licence.

It is an offence to promote gaming without a permit or licence or other than in accordance with the terms of the licence.

Circus & Events (pre-2019 Act)

Gaming may be carried on as part of a circus or other travelling show subject to certain conditions including that gaming:

is not the main activity;
that it does not extend over 10 days or has not been carried on within three months at the same place;
that no person under 16 is allowed to play;
that the stake is no more than (a stipulated very small amount);
taking part does not entitle the person in any other game or lottery;
notice in writing of the date of gaming at the show had been given to the sergeant in charge of the local Garda station.

There are similar exemptions for gaming carried on as part of a carnival, bazaar, sports meeting, local festival, exhibition or other like events. The persons arranging for the event must derive no personal profit from it.

The above exemptions are only available to persons and companies resident in the State although EU law may displace this requirement.

Licensed Premises (Pre-2019 Act)

The licensee of a premises licensed for the sale of intoxicating liquor must not permit gaming on the premises. The restriction does not apply to the playing of the game where no stake is hazarded other than a charge for the right to take part provided only one such charge is made on the day on which the game is played, the charge is the same for all players and the promoter derives no personal profit from the promotion of the game.

An offence under this provision may be recorded on the intoxicating liquor licence. Persons may be committed for permitting gaming on a licensed premises.

Gaming permits (2019 Act)

The application process for a permit for gaming for either charitable or philanthropic purposes or for the benefit of the promotor. This replaced the previous primarily location specific approach to gaming at circuses, carnivals and in licensed premises. There are various conditions that apply to gaming promoted under a permit issued by a Garda Superintendent. The Superintendent maintains a register of all gaming permits issued, revoked and suspended in their district.

Person may apply to the superintendent of the Garda Síochána for the district in which the premises to which the application relates is situated for gaming permit authorising the person to engage in gaming at that premises in accordance the legislation.

A superintendent of the Garda Síochána to whom an application for a gaming permit is made under shall, not later than 28 days after receiving the application, either grant the application and issue a gaming permit to the applicant in such form and specifying such matters as the Minister may determine, or refuse the application.

Application and Issue (2019 Act)

In considering an application under this section, the superintendent of the Garda Síochána shall have regard to the following:

the character of the applicant, or in the case of a body corporate, of the persons exercising control and management thereof;
the number of gaming permits already issued in the locality;
the suitability of the premises or place proposed to be used;
the kind of gaming proposed to be carried on, including whether the gaming is for a charitable or philanthropic purpose.

A gaming permit shall not be issued to a person—

for any kind of gaming in which by reason of the nature of the game, the chances of all the players, including the banker, are not equal,
to promote gaming for charitable or philanthropic purposes on the same day or in the same place as gaming being promoted other than for charitable or philanthropic purposes, or
to promote gaming by means of a gaming machine.

Powers of Garda Siochana

An Garda Siochana may seize gaming instrument which can be fraudulently operated, have been fraudulently operated or used for unlawful gaming. A person may not operate or permit to be operated or possess any gaming instrument having any such device.

An Garda Siochana may enter at all reasonable times amusement fairs, funfair, circus, travelling shows, festivals etc in which gaming or lottery is believed to be carried on. A search warrant may be issued authorise An Garda Siochana enter any place or premises by force if necessary to inspect any books or documents and take names and addresses of any person, seize any gaming instrument, books or documents appearing to relate to gaming or lottery.

An Garda Siochana may arrest without warrant a person conducting or assisting in the conduct in a public place of any kind of gaming contrary to be Act. An Garda Siochana may arrest a person without warrant who refuses to give their name or address or gives a name or address which he believes to be false and misleading. It is an offence to obstruct or impede An Garda Siochana in the exercise of powers under the legislation.

Conviction

Upon conviction, under the legislation, any gaming instrument used in connection with the commission of an offence or found on the premises (in respect of certain events) may be forfeited.

Any person who contravenes the legislation is guilty of an offence subject up to two months imprisonment or fine. Where an offence is committed by a company, any officers, directors, secretary, etc. who consent or approve with the offence are also guilty.

Gaming Machine

A gaming machine licence must be obtained for each gaming machine in an amusement hall or funfair. The licence must be displayed at or near the entrance to the premises. it is an offence to fail to have the requisite licence or display it.