Intended Regulator

Table of Contents

GRAI

The Gambling Regulatory Authority of Ireland (GRAI) is a new statutory body that will be responsible for the licensing and regulation of gambling services in Ireland. The GRAI will be independent in the performance of its functions.

The GRAI has not been established yet. The new regulator will focus on public safety and wellbeing, will cover gambling online and in person, and will have powers to regulate advertising, gambling, websites, and apps.

Licensing and regulation of gambling in Ireland is currently based on several pieces of legislation. The new legislation, which will establish the GRAI, will repeal existing laws and will streamline the approach to licensing and regulation of gambling in Ireland.

The National Lottery will not be covered by the new legislation and will remain separately regulated.

Members of the GRAI

The GRAI will comprise seven members, including an appointed Chairperson, with relevant experience in related matters, including:

Legal or compliance in a regulated setting
Gambling activities
Consumer affairs
The pathology and treatment of addiction, particularly gambling addiction
Information and communications technology
Financial services, including audit and forensic accounting practice

The members will comprise no fewer than 3 men and no fewer than 3 women. The members will be appointed by the Minister for Justice following a competition held by the Public Appointments Service.

Functions of the GRAI

The GRAI will have a wide variety of functions, including:

Regulating the provision of gambling services and activities, both online and in person

Developing safeguards to protect consumers from problem gambling, including establishment of a National Gambling Exclusion Register and a Social Impact Fund to finance research, training, and education on gambling addiction

Licensing of gambling services and activities, including maintaining a register of all licensed operators and determining license fees

Ensuring compliance by gambling providers with restrictions imposed on advertising and sponsorship, including a statutory watershed prohibiting gambling advertising between the hours of 5.30am and 9.00pm on television, radio or on-demand audio-visual media

Receiving, investigating and addressing complaints about gambling providers

Ensuring compliance by gambling providers with the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, and addressing money laundering activities in the context of gambling services

Keeping the Minister of Justice informed of developments relating to the regulation and licensing of gambling services and making recommendations on policies

Promoting public awareness and disseminating information to the public about regulation and licensing of gambling activities

Types of gambling licenses

The GRAI will oversee the introduction of three types of licenses for both in-person and online or remote betting:

Business to Consumer Gaming, Betting and Lottery Licenses
Business to Business Licences
Gambling licenses for Charitable/Philanthropic Causes

The Gambling Regulation Bill 2023

The Programme for Government committed to establishing a gambling regulator focused on public safety and well-being, covering gambling online (via websites and apps), remotely and in-person, and with the powers to regulate the advertising of gambling online. The purpose of the Bill is to reform and modernise the regulation and licensing of gambling in the State and to provide for a gambling regulator as necessary. In particular, the Bill provides for:

the establishment and functions of a body to be known as the Gambling Regulatory Authority of Ireland (i.e., “the Authority”);
the Authority to be responsible for licensing and regulating gambling, including the regulation of betting, gaming, certain lotteries and the sale or supply of products or services related to gambling;
the imposition of obligations on licensees and other persons including obligations relating to advertising, promotion and sponsorship for the purposes of safeguarding persons participating in gambling;
ensuring compliance with obligations imposed on licensees;
the prohibition of children participating in gambling or being employed in the gambling industry;
the establishment of a National Gambling Exclusion Register;
the establishment of a Social Impact Fund; and
the funding of the Authority by means of imposition of a charge on

The following matters are not provided for:

regulation of the National Lottery will not come under the remit of the Gambling Authority at this time, as the National Lottery’s legal basis and its regulation will remain as provided for in the National Lottery Act 2013;
Part 9 of the Electoral Reform Act 2022 in respect of lottery fundraising by political parties will remain unaffected by this Bill;
matters to do with taxation, excise and related duties are not covered by the provisions of this Bill.

Gambling regulatory authority of ireland

This Part provides for the establishment of the Gambling Regulatory Authority of Ireland. It details the functions, governance and funding arrangements of the Authority. This Part also provides for the establishment of a National Gambling Exclusion Register and of a Social Impact Fund.

Establishment, functions and governance of Authority

This Chapter provides for the statutory functions of the Authority, establishment of the body and for its management/governance structure; the Authority will be operationally independent but subject to appropriate oversight. Of note is the fact that the Authority will be a competent authority for the purposes of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 in respect of licensees under the Authority’s remit. There are to be seven members of the Authority, including its Chairperson. Appointments to the Authority will be made by the Minister for Justice; the Bill provides for the selection and appointment of the members of the Authority, the Authority’s procedures and its ability to establish committees. The functions of the Authority are provided for at section 14.

The key role of the Authority’s Chief Executive in the day-to-day management of the organisation is provided for, as are details on the appointment of the body’s staff members. The functions of the Chief Executive are provided at section 21. The Chief Executive will be accountable for reporting on relevant matters to the Public Accounts Committee and other Oireachtas Committees.

As well as standard provisions for the Authority to devise strategic plans, to report to the Minister in respect of its activities and accounts, and to undertake research relevant to its functions, there are provisions for the creation by the Authority of codes of practice for licensees. Importantly, the draft Bill also provides for the Authority to review the operation/ implementation of this legislation and to consider issues of concern which may arise in relation to practices in the gambling industry, which although in accordance with the law or a code of practice, are giving rise (or may give rise) to an increase in compulsive or excessive gambling or are detrimental to the public interest. This is seen as key, particularly due to the complexity and rapidly developing nature of the gambling industry.

National Gambling Exclusion Register

This Chapter provides for the establishment and operation of the National Gambling Exclusion Register. The Register will allow persons to register with the Authority to exclude themselves from gambling online with licensees. This is similar to the GAMSTOP system which operates in the UK and its introduction and operation was a significant recommendation of the Joint Committee on Justice’s pre-legislative scrutiny report on the General Scheme of the Bill. The Register will be software based and remote licensees must comply with the terms of the Register, ensure their IT systems and software are compatible and can interact with the Authority’s systems as a requirement of holding a licence.

Section 44 – National Exclusion Gambling Register provides for the establishment of the National Gambling Exclusion Register and that a person may exclude themselves from specific gambling activities, with specific licensees, or with all licensees for a specific or indefinite period of time. During this period, a person shall be prevented from participating in gambling as per the specified terms of their exclusion, access to their account will be prohibited and any money held by a licensee must be refunded to that person within 7 days of entry on the Register. Furthermore, it shall be an offence not to issue a refund.

Section 45 – Obligations of licensee in relation to account-holder on National Gambling Exclusion Register provides that a licensee may not allow a person on the Register to gamble, accept a payment for gambling from a person on the Register, or communicate with a person on the Register in a manner that would encourage them to gamble or that promotes gambling. Section 45(3) provides for an offence where a licensee does any of those activities.

Section 46 – Relevant exclusion period provides for exclusion periods and the ability of a person to remove themselves from the Register in writing. Where a person excludes himself/herself for an indefinite period of time he/she may, after twelve months from the initial date of exclusion, apply in writing to the Authority to have that exclusionary period changed.

Section 47 – Removal of entry in respect of account-holder on National Gambling Exclusion Register provides for the process to remove a person from the register, while section 48 – Right of self-exclusion by person directly with licensee not affected provides that the operation of the register shall not affect any exclusion schemes operated by licensees.

A licensee convicted of an offence under this Part shall be liable on summary conviction of up to 12 months’ imprisonment and to a class A fine or to both, and on conviction on indictment of up to 5 years’ imprisonment and a fine at the discretion of the courts or to both.

Social Impact Fund

This Chapter provides for the establishment and management of a Social Impact Fund by the Authority, as recommended by the report of the Inter-Departmental Working Group on Future Licensing and Regulation of Gambling (March 2019). The Social Impact Fund will be funded by mandatory contributions, calculated annually on each licensee’s turnover. Contributions will not be levied on charitable/philanthropic licensees.

Section 50 – Payments out of Social Impact Fund provides for the purposes of the Social Impact Fund namely – to finance research and related initiatives to reduce and eliminate compulsive and excessive gambling, to support awareness–raising and educational measures and to support problem gambling treatment activities.

To ensure oversight of the operation of the Fund, section 50(5) provides for the power of the Authority to set conditions on any moneys provided from the Fund. Any person in receipt of money from the Fund that does not comply with conditions set by the Authority shall be guilty of an offence and shall be liable on summary conviction of up to 12 months’ imprisonment or a class A fine or to both, and on conviction on indictment to up to 5 years’ imprisonment or a fine at the discretion of the courts, or to both. Furthermore, section 50(7) provides that the Authority may request reports and specific information concerning the use of moneys paid from the Fund.

Section 52 – Funding of Social Impact Fund provides for the obligations on licensees to contribute to the Fund based on the contributions calculated by the Authority having regard to a licensee’s turnover and section 5 – Obligation to keep account of expenditure of money received from Social Impact Fund provides that persons that receive moneys from the Fund must keep proper records and accounts in a specified form and manner.

Section 54 – Direction of Minister provides for the power of the Minister to issue directions to the Authority concerning the management of the Fund.

Section 55 – Accounts: Social Impact Fund requires the Authority to keep proper records and accounts in relation to the Fund, to prepare and submit an annual audit report to both the Minister and Comptroller and Auditor General concerning the operation of the Fund, and a requirement on the Minister to lay those reports and accounts before each House of the Oireachtas.

This Part sets out criteria for ineligibility to become, and disqualification to act as, a member of a relevant office or as an adjudication officer or as the chief executive and also provides for the removal of a member of a relevant office. It also sets out standard provisions with regard to non-disclosure of confidential information and provides for an offence of providing false or misleading information, documentation or evidence to a relevant office, a member of a relevant office or an adjudication officer.

Part 3 also provides for the restriction of rights and obligations under the Data Protection Regulation and provides that the Authority may, with the consent of the Minister for Justice, for the purposes of this Act, make regulations relating to personal data. This Part also provides for an amendment to the Freedom of Information Act 2014.

Prohibitions: gambling activities and offence of cheating

Chapter 1 provides for a number of prohibitions in the Bill. Section 65 – Prohibition on providing betting activity, game or lottery provides for a prohibition on providing a gambling activity without a licence or for not operating in accordance with the gambling licence issued. A person found guilty of such an offence shall be liable on conviction to up to 8 years’ imprisonment and a fine at the discretion of the courts, or both.

Section 66 – Employees, servants or agents of licensee providing relevant gambling activity clarifies that employees, agents or servants of a licensee may provide activities on behalf of a licensee.

Section 67 – Person advertising relevant gambling activity provides that only a licensee or a person who has entered into a written agreement with a licensee may advertise gambling activities in the State, and these obligations are subject to the provisions in relation to advertising of gambling in Part 6.

Section 68 – Prohibition on betting intermediaries acting other than by remote means provides for a prohibition on a remote betting intermediary licensee providing in-person betting activities.

Section 69 – Prohibition on sale or supply of gambling product or gambling related service prohibits the sale or supply of gambling products or related services without a Business to Business licence or to a person that is not a licensee under this Bill.

Section 70 – Prohibition on purchase of gambling product or gambling related service from unlicensed person prohibits the purchase of a gambling product or related service from a person that does not hold a Business to Business licence issued by the Authority. Additionally, this section provides an exemption for persons who enter into binding contracts to purchase gambling products or services prior to this section coming into operation.

Section 71 – Gambling licensees and software for use in gambling allows a licensee to develop and use their own software without a requirement to hold a Business to Business licence, while section 72 – Prohibition on transfer, assignment or encumbrance of gambling licence prohibits the transfer of a gambling licence save in accordance with section 105 – Transfer of gambling licence in certain circumstances.

A person found guilty of an offence for contravening the prohibitions under sections 68, 69 or 70 shall be liable on summary conviction to up to 12 months’ imprisonment and a class A fine or to both, and on conviction on indictment to up to 5 years’ imprisonment and a fine at the discretion of the courts, or both.

Applications to Court in respect of persons providing gambling activity

This Chapter provides the Authority with robust powers, by way of application for court orders, to address persons providing gambling activities in contravention of Chapter 1, i.e. such persons would be operating without a licence or without an appropriate licence. The various court orders provided for include blocking internet service provision of a prohibited gambling activity, blocking of financial payments to unlicensed providers, blocking the disposal of assets (by such an unlicensed provider) or reducing assets below a certain level, and compelling the surrender of any gambling products used in the provision of a prohibited gambling service.

This Chapter provides that the Authority may bring summary prosecutions itself. There are detailed provisions regarding jurisdiction in terms of the application of this legislation. This Chapter also provides for a court, where a licensee is convicted of an offence under this Act, having considered the nature of the offence and the circumstances in which it was committed, to order that a gambling licence held by that licensee be suspended or revoked. Where the court orders that a gambling licence be revoked, the court may further order that the licensee be prohibited for a particular period from applying for any new gambling licence or a particular class of licence.

Licensing of Gambling activities

Part 5 provides for a modern and streamlined approach to licensing gambling activities in the State and to replace the fragmented regime currently provided for in the Totalisator Act 1929, the Betting Act 1931 and the Gaming and Lottery Act 1956. This updated approach reflects the nature of gambling in the State and addresses gambling online.

This Chapter provides for preliminary and general matters in relation to the new licensing framework provided for in the Bill.

Section 81 – Definitions (Part 5), alongside Schedule 3, provides for the maximum stake and prize limits for each of the activities permitted under a licence, and these amounts may be varied by the Authority by regulations following consultation with the Minister.

Section 82 – Regulations (Part 5) provides for the power of the Authority to vary the maximum prize and stake limits by regulations and to prescribe any additional information it may require as part of the application process for a licence. The Authority may also prescribe a form of consent to the processing of personal data and special categories of personal data.

This Chapter provides for the new licensing framework and for the establishment of a register of licences by the Authority. The new licensing framework is set out as follows:

Betting licences

Section 84 – Betting licences provides for new betting licences to replace the existing bookmaker licences and totalisator licences currently provided under the Totalisator Act 1929 and Betting Act 1931, respectively. These licences will allow licensees to offer bookmaking activities either in-person at a premises or online, pool-betting activities, or remote intermediary betting services. Alongside section 84, section 132 provides for the power of the Authority to prohibit betting on certain matters having had regard to public interest and safety following consultation with the Minister and any other relevant Minister.

Gaming licences (in-person, remote, and in-person and remote licences) Section 85 – Gaming licences provides for a new gaming licence to replace gaming permits and licences currently provided for under the Gaming and Lotteries Act 1956. Depending on the type of licence or licences held, a licensee may offer gaming activities either in-person at a premises in the State, or online, or a combination of both. The Authority may specify the types of games and activities that may be provided under a gaming licence.

Lottery licences (in-person, remote, and in-person and remote licences) Section 86 – Lottery licences provides for a new lottery licence to replace lottery permits and licences currently provided under the Gaming and Lotteries Act 1956. Depending on the type of licence or licences held, a licensee may offer lottery activities either in-person at a premises in the State, or online, or a combination of both.

Section 87 – Gambling licence for charitable or philanthropic purpose provides for a new type of licence that permits gaming, betting and lottery activities for fundraising for charitable or philanthropic purposes.

Business to Business gambling licences

Section 88 – Business to Business gambling licences provides for a new type of licence which requires that persons who sell or supply gambling products (gambling machines, software and equipment), or who provide related services (repair, maintenance and upgrade of equipment, maintenance and upgrade of software) either in the State, into the State or to a person outside the State, must be licensed to operate by the Authority.

Section 89 – Register of gambling licences provides for the establishment of a register of gambling licences to be maintained by the Authority and the information to be entered on it.

Gambling activities exempt from requirement to hold gambling licence

This Chapter provides for two exemptions from holding a gambling licence. Sections 90 – Certain lotteries held for charitable or philanthropic purpose not requiring gambling licence and section 91 – Certain lotteries held in conjunction with selling or marketing of products not requiring gambling licence provide that gambling licences are not required for charitable/philanthropic purposes where the value of the total prizes do not exceed €2,000, or for the purpose of marketing or selling a product where the value of the total prizes does not exceed €5,000 respectively.

These provisions increase the total value of the prizes that may be offered under similar exemptions in the 1956 Act from:

€1,500 to €2,000 in the case of lotteries for the purpose of charitable/ philanthropic causes; and
€2,500 to €5,000 in the case of lotteries for the purpose of marketing or selling a product.

Once-off lotteries

Sections 109 – Application for lottery licence: once-off lottery and 114 – Application for gambling licence for charitable or philanthropic purpose: once-off activity provide for a new type of licence to allow for once off lotteries (to be operated once every 12 months) for prizes of up to €360,000 in value for both Business to Consumer and charitable/philanthropic purposes.

Applications for gambling licences – general

This Chapter sets out the information required by the Authority as part of the application process for a licence.

Section 93 – Public notice of intention to apply for a gambling licence requires an applicant to issue a public notice where they intend to apply for a gambling licence.

Section 94 – Information and documentation to accompany application for gambling licence: general provides for the information to be provided to the Authority as part of an application for a licence, including the applicant’s relevant details with a particular focus on establishing the beneficial ownership of the applicant, whether the applicant is a fit and proper person to hold a licence, that the applicant is not a pawnbroker or moneylender, and that the applicant has the financial means to provide the gambling activities and is tax compliant, amongst other information required.

Section 95 – Information and documentation to accompany application: applications, licences, permits or certificates under relevant Acts provides that applicants must provide details of gambling licences previously held, including details of any suspensions, revocations or proceedings under way and any relevant convictions.

Section 96 – Information and documentation to accompany application where gambling activity to be provided in-person provides that applicants for an in-person gambling licence must provide detailed information about the premises from which they intend to operate, to allow the Authority to assess whether the premises is appropriate to provide gambling activities from.

Section 97 – Assessment of suitability of premises provides for the power of the Authority to determine the suitability of a premises to provide gambling from. Under section 97(1)(c) and (d) respectively, the Authority must consider if gambling is offered elsewhere in the area and the proximity of the premises to schools.

In addition under section 97(2), the Authority must consult with the relevant local authority and where a premises is adjudged to be suitable to operate from, that assessment does not supersede the role of the local authority in respect of planning permission.

Section 98 – Information and documentation to accompany application where gambling activity to be provided by remote means provides that applicants for a remote gambling licence must provide the location and details of their IT systems so as to assist the Authority with its enforcement responsibilities.

Section 100 – Information and documentation to accompany application for renewal of gambling licence provides for the application process and information required by the Authority for renewal of a gambling licence.

Section 101 – Further information sought by Authority following receipt of application for gambling licence provides that the Authority may also consult with the Revenue Commissioners, An Garda Síochána and other relevant bodies concerning the information it receives as part of an application, while section 102 – Arrangement with person outside State performing similar functions to Authority provides that the Authority may enter into information sharing agreements with bodies exercising similar regulatory functions outside the State.

Gambling licences issued under this Part

This Chapter provides for matters concerning the issue of licences by the Authority.

Section 103 – Issue of gambling licence following decision to grant gambling licence provides for the power of the Authority to issue gambling licences.

Section 104 – Duration gambling licence remains in force provides that gambling licences shall be issued for a period of one year, while section 104(4) provides that the Authority may prescribe a different period via regulation.

Section 105 – Transfer of gambling licence in certain circumstances provides for the transfer of a licence in limited circumstances such as when a licensee dies, in the case of a sole licensee, or a person ceases to be a member of a licensee.

Section 106 – Display and production of gambling licence provides for obligations on licensees concerning the display of licences on premises and for their production to officers of the Authority.

Section 107 – Offence: falsely representing licence, registration number, as licensee or authorised officer provides for offences of (i) altering a gambling licence or its registration number, (ii) producing a document falsely purporting to be a gambling licence, (iii) transferring, copying or

(iv) distributing a gambling licence or displaying an altered licence as well as for an offence where a person misrepresents themselves as being a licensee or as an authorised officer of the Authority.

A person found guilty of an offence under this section shall be liable on summary conviction to up to 12 months’ imprisonment and a class A fine or to both, and on conviction on indictment to up to 5 years’ imprisonment and a fine at the discretion of the courts, or to both.

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

This Chapter provides for matters concerning applications for a Business to Consumer gambling licence.

Sections 108 – Application for Business to Consumer gambling licence and 109 – Application for lottery licence: once-off lottery provide for applications for Business to Consumer gambling licences and once-off lottery licences.

Section 110 – Determination by Authority of application for Business to Consumer gambling licence provides for the power of the Authority to determine applications and the activities that can be provided pursuant to a licence.

Section 111 – Renewal of Business to Consumer gambling licence provides for the renewal of Business to Consumer licences, while section 112 – Application to vary certain relevant gambling activities provided pursuant to certain Business to Consumer gambling licences provides that a licensee may apply to vary the activities that may be provided under such a licence.

Applications for grant and renewal of gambling licences for charitable or philanthropic purpose

This Chapter provides for the application and renewal process for licences for charitable or philanthropic purposes.

Section 113 – Application for gambling licence for charitable or philanthropic purpose and section 114 – Application for gambling licence for charitable or philanthropic purpose: once-off activity provide for applications for Business to Consumer gambling licences and once-off lottery licences, section 115 – Determination by Authority of application for gambling licence for charitable or philanthropic purpose provides for the power of the Authority to determine such applications, while sections 116 – Renewal of gambling licence for charitable or philanthropic purpose and 117 – Application to vary relevant gambling activity for a charitable or philanthropic purpose provide for applications to renew or to vary charitable or philanthropic licences respectively.

Standards and certification

This Chapter provides for the standard setting and certification powers of the Authority concerning certain gambling products and gambling related services.

Section 118 – Power to set standards for certain gambling products and gambling related services provides for the power of the Authority to set

standards for gambling machines and software, and for related services such as the maintenance and upgrade of such machines or software.

Section 119 – Application for certification of gambling product or gambling related service where standards in effect in accordance with section 118 provides for a certification process to ensure that gambling products or services may be submitted to the Authority to be certified so as to ensure that they meet the standards set by the Authority. Those products or services that do not meet the Authority’s standards or those that are not certified by the Authority cannot be sold or supplied in the State.

Sections 120 – Application for Business to Business gambling licence and 121 – Determination by Authority of application for Business to Business gambling licence provide for the application process for Business to Business licences and the power of the Authority to assess and determine such applications, respectively. Section 122 – Renewal of Business to Business gambling licence provides for the renewal of Business to Business licences, while section 123 – Application to vary relevant gambling product or relevant gambling related service provides for the variation of Business to Business licences.

Conditions attaching to gambling licences

This Chapter provides for the conditions to be attached to gambling licences issued by the Authority and also provides for the establishment and maintenance, by certain licensees, of segregated customer accounts; this is an important safeguard for the public built in to ensure appropriate governance and accounting in respect of funds.

Section 124 – Regulations (Chapter 9) provides that the Authority may prescribe additional conditions to a licence by regulations.

Section 126 – Conditions attaching to Business to Consumer gambling licences and gambling licences for charitable or philanthropic purpose provides that a licence may be issued subject to such conditions as a licensee having the financial capacity to provide the gambling activities, that they are a fit and proper person to hold a licence and that winnings are to be funded from lawful activities, for example.

Section 132 – Additional condition: prohibited bets under betting licence provides for the power of the Authority to prohibit betting activities on certain matters having regard to public interest and safety following consultation with the Minister and any other relevant Minister.

Section 133 – Additional condition: gaming licences requires as a condition of a gaming licence that all participants in the activities authorised under such a licence have equal chances of winning, while section 134 – Additional conditions: lottery licences prescribes the conditions a lottery licence may be issued subject to, including the information a lottery ticket must include.

Section 135 – Additional conditions: gambling licence for charitable or philanthropic purpose provides that licensees of a gambling licence for charitable or philanthropic purposes must be resident or domiciled in the State in the case of an individual or established in the State in the case of a body corporate. Furthermore a licensee must not derive any personal profit from the gambling activity and similar to the provisions of the National Lottery Act 2013, a minimum of 30 per cent of the total relevant payments must be given by the licensee for a charitable or philanthropic purpose concerned.

Section 136 – Conditions attaching to Business to Business gambling licence provides for conditions to the effect that Business to Business licensees (including their beneficial owners) must be fit and proper persons to hold such a licence, must have the financial capacity to operate and must only provide products or relevant gambling services in accordance with their licence and only those products certified by the Authority.

Obligations on licensees and other Persons

Part 6 provides for safeguards relating to the protection of children and measures to regulate the advertising of gambling, the offer of inducements and promotions, payment methods, and the protection of participants in gambling.

Section 138 – Advertising on on-demand audio-visual media services and other electronic means of communication provides for the regulation of gambling advertising by electronic communication such as social media and on on-demand media platforms. This section provides that a person may only receive gambling advertising on these platforms where they are subscribed to such services and give their consent to receive such advertising. In summary, gambling advertising will be prohibited by default on these platforms.

Section 139 – Prohibited material in advertisement prohibits advertising portraying gambling as attractive to children, and advertising that encourages or seeks to exploit a child to gamble. In addition, any advertising that promotes excessive or compulsive gambling, or seeks to misrepresent any perceived social or financial benefits of gambling.

Section 140 – Information to be included in advertisement provides that gambling advertising must be clearly identifiable and sets out the specific information and material that must be included in advertisements.

Section 141 – Times, places, events, volume, frequency and style of advertisement provides for a watershed prohibiting the broadcast of gambling advertising on television and radio between the hours of 5:30am and 9:00pm.

Importantly, section 141(3) provides for a wide ranging power to allow the Authority to prescribe the times, place and events where gambling advertising can be broadcast, displayed or published, and allows the Authority to specify the frequency which advertising can be broadcast, the duration of advertisements, and the volume/amount of advertisements that can be shown.

Section 142 – Prohibition on branded clothing and merchandise prohibits the manufacture, sale or supply, including free of charge, of clothing or merchandise featuring branding of a gambling licensee or a gambling activity that is intended to be worn or used by children.

Section 143 – Prohibition on employment of child in gambling activity amends the Protection of Young Persons (Employment) Act 1996 to prohibit children being employed in connection with gambling.

A person found guilty of an offence of contravening a prohibition under this Chapter shall be liable on summary conviction to up to 12 months’ imprisonment and a class A fine or to both, and on conviction on indictment to up to 5 years’ imprisonment and a fine at the discretion of the courts, or to both.

Obligations on licensees: general

This Chapter provides for obligations on licensees such as requirements concerning the proper keeping of records and accounts and an obligation on licensees to notify the Authority of changes in material circumstances. Two examples would be where a licensee is convicted of a relevant offence under the Bill or where there is a change in the beneficial ownership of the licensee.

This Chapter provides for a number of obligations on licensees such as requirements to report suspicious gambling patterns to the Authority, prohibitions on allowing a child to participate in gambling, the offer of inducements, in relation to promotions and concerning sponsorship.

Section 147 – Obligation to notify Authority of suspicious gambling patterns requires licensees to report suspicious gambling patterns to the Authority and to An Garda Síochána.

Section 148 – Obligation not to offer inducement to participate in gambling activity provides for a new offence for a licensee to offer a person any form of inducement to encourage them to gamble or to continue to gamble.

A licensee found guilty of such an offence shall be liable on summary conviction to up to 12 months’ imprisonment and a class A fine or to both, and on conviction on indictment to up to 5 years’ imprisonment and a fine at the discretion of the courts, or both.

Section 149 – Obligation not to permit child participate in relevant gambling activity provides for a new offence of allowing a child to participate in gambling, and a licensee found guilty of such an offence shall be liable on summary conviction to up to 12 months’ imprisonment and a class A fine or both, and on conviction on indictment to up to 8 years’ imprisonment and a fine at the discretion of the courts, or both.

Section 150 – Sponsorship provides for further protections of children and creates a new offence for licensees to sponsor:

an event (not limited to sporting events) where the majority of participants or competitors are children;
an event aimed at children;
an organisation, club or team, or or any premises used by an organisation, club or team that has children as members; or
a public activity that appeals to

Section 151 – Promotion: relevant gambling activities provides that the Minister, following consultation with the Authority may make regulations to limit or prohibit the offer of promotions that directly or indirectly encourage people to gamble. A licensee who contravenes a regulation made under this section is guilty of an offence and is liable on summary conviction to up to 12 months’ imprisonment and a class A fine or to both, and on conviction on indictment to up to 5 years’ imprisonment and a fine at the discretion of the courts, or to both.

Obligations on certain Business to Consumer licensees: training, provision of facility for participants to set monetary limit and forms of payment for relevant gambling activities

This Chapter provides for a number of matters such as the power of the Authority to set standards and approve training programmes and the obligations on licensees to train and assist employees to be able to recognise the characteristics of excessive or compulsive gambling when interacting with participants, as well as other notable provisions, set out below.

Section 156 – Obligation to provide facility to enable participant to set monetary limit provides for a requirement on licensees to provide facilities to allow persons to limit the amount of money they can gamble and the periods of time that limit may apply to, as well as specifying the information to be provided to participants.

Section 157 – Obligation in respect of payment for relevant gambling activity provides for a ban on the use of credit cards as a means of payment for gambling, the use of electronic methods of payment that are funded by credit cards and the offer of credit facilities to players.

This section also includes a regulation-making power to allow the Authority to prohibit other methods of payment and customer account schemes if they are identified as contributing to excessive or compulsive gambling.

Obligations on licensees of remote gambling licences

This Chapter provides for matters and requirements on licensees where they provide gambling activities remotely. It provides for requirements for accounts for online gambling, the information to be provided to participants, in relation to the provision of terms and conditions to be provided to participants, the operation of such accounts, obligations concerning the refund of money, the procedures for closing accounts and in relation to the protection of children from gambling online.

Of particular note in this Chapter, section 162 – Requirement to lodge money in gambling account provides that the Authority may make regulations limiting the amount of money that may be lodged with a licensee, as well as limits on the amounts that maybe lodged during periods of time specified by the Authority and section 167 – Obligation not to provide relevant gambling activities by remote means on certain days or at certain times provides that the Authority may prescribe certain times/hours when gambling activities may not be provided remotely by a licensee.

Obligations on licensees of in-person gambling licences

This Chapter provides that the Authority may prescribe the opening hours/hours of operation of premises where in-person gambling is provided from, as well as the power to specify what other matters may be sold on premises. A licensee who contravenes regulations made under this section shall be guilty of an offence and liable on summary conviction to up to 12 months’ imprisonment and a class A fine or to both, and on conviction on indictment to up to 5 years’ imprisonment and a fine at the discretion of the courts, or both.

Section 169 – Obligation not to allow a child on premises provides that licensees shall not allow children on their premises and a new offence for same. A licensee found guilty of this offence shall be liable on summary conviction to up to 12 months’ imprisonment and a class A fine or to both, and on conviction on indictment to up to 8 years’ imprisonment and a fine at the discretion of the courts, or both.

Also of note, section 170 – Obligation not to enable cash withdrawal on premises prohibits equipment to withdraw cash being located on a licensee’s premises where in-person gambling activities are provided from.

Complaints and Compliance

This Part provides for complaints to be made to the Authority and sets out the actions the Authority can take, in relation to an alleged contravention of an obligation by a licensee. The Bill ensures that the processing of such complaints may be addressed, where appropriate, as part of the Authority’s overall compliance and enforcement system. This Part also provides for the Authority to make regulations to ensure effectiveness of this Part.

This Part provides for key elements of the Authority’s regulatory regime, namely its statutory powers in respect of compliance and enforcement. The overall policy intention is to encourage compliance rather than to enforce penalties for non-compliance; however, where penalties are appropriate, the Authority will have robust powers in respect of the imposition of a wide array of sanctions from relatively mild to potentially severe. The Bill also provides for a range of offences to be prosecuted. The Authority, in the exercise of all of its compliance and enforcement functions, will operate on the basis of fairness and due process; fair procedures are built into the provisions of this Part.

This Chapter provides for definitions of a number of terms used in this Part and sets out the necessary provisions pertaining to disclosure of privileged legal material.

Authorised Officers

This Chapter provides for the appointment, by the Authority, of authorised officers; the statutory powers of such authorised officers are as provided at section 177. In undertaking their responsibilities, authorised officers may be accompanied by members of An Garda Síochána or other persons with relevant expertise.

In accordance with Chapters 3 (Compliance with relevant obligations: general) and 4 (Notice of non-compliance), respectively, the Authority will seek to encourage compliance in as an efficient and open manner as possible. In determining what course of action to take, the Authority will consider a range of factors provided at section 181, including the nature and gravity of the failure to comply with an obligation imposed on the licensee. Failure by a licensee to address identified non-compliance of (generally) a less serious nature may result in the imposition by the Authority of a notice of non-compliance (which may be accompanied by an advice, caution, warning or reprimand, or by the imposition of one or more than one condition on the licence in question). The Authority may also apply to the Circuit Court for an order that a gambling licence held by the licensee to which a notice of non-compliance relates be suspended for a specified period or be revoked.

Chapter 5 – Directed investigation provides for the Authority to direct its authorised officers to undertake investigations. Following consideration of an authorised officer’s final report on an investigation, the Authority may take any of a number of courses of action including referring the report to an adjudication officer for independent consideration.

Chapters 6 (Adjudication and decisions on adjudication) and 7 (Adjudication officers) provide for the appointment of independent adjudication officers to consider matters referred to them by the Authority following a directed investigation. Adjudication officers will have an array of powers including being empowered to hold oral hearings, call and question witnesses, request submissions from relevant parties, and request information or documentation from relevant parties.

In the context of holding an oral hearing, an adjudication officer will have the same powers, rights and privileges as a judge of the High Court when hearing civil proceedings including with respect to:

the attendance and examination of witnesses on oath or otherwise (including witnesses who are outside the State);
compelling the production (including discovery) of records or an identified category or categories of records.

Where an adjudication officer decides (on the balance of probabilities) that a licensee is, or has been, in contravention of a relevant obligation, one or more administrative sanctions may be imposed, subject to the exercise of a right of appeal by the licensee or confirmation by court on application by the Authority. Those sanctions are:

a financial penalty;
suspension of a gambling licence;
revocation of a gambling licence;
imposition of a condition on a gambling

With regard to (a), the amount of a financial penalty imposed as an administrative sanction under Chapter 6 shall not exceed €20,000,000, or if greater, 10% of the turnover of the licensee in the financial year preceding the date of the adjudication officer’s decision as to contravention or in any year in which the act or acts occasioning the administrative sanction occurred. In determining the amount of the financial penalty to be imposed, regard shall be had to a comprehensive range of factors, provided for at section 197, which include:

the nature, gravity and duration of the contravention;
the degree of harm to particular people, to consumers or to the public generally caused as a result of the contravention;
the extent of any failure by the licensee to co-operate with the Authority, an authorised officer or an adjudication officer in the performance of their functions under this Part in so far as it relates to the contravention concerned;
any gain (financial or otherwise) made, or any loss (financial or otherwise) avoided, by the licensee concerned or by any person in which that licensee has a pecuniary or beneficial interest, as a consequence of the contravention.

A payment made by a licensee to the Authority in respect of a financial penalty which has taken effect as an administrative sanction shall be paid into, or disposed of for the benefit of, the Exchequer by the Authority in such manner as the Minister for Finance may direct.

Chapter 8 (Emergency orders in respect of licensees) provides for the Authority to apply to court for emergency orders in respect of licensees where the Authority considers that there is an urgent need, until further steps are taken by the Authority, to act in order to protect:

the public from the serious consequences of an ongoing contravention of a relevant obligation by a licensee, or
relevant funds contained in a segregated customer

Appeals

This Part provides for a range of appeals to be made by licensees in respect of decisions made by the Authority including with regard to the imposition of charges on licensees and in relation to the Authority’s licensing and compliance and enforcement functions. Appeals may be made, as provided, to an Appeals Panel or to the Circuit Court.