Lotteries

Lotteries Generally Unlawful

It is an offence to promote or assist in the promotion of a lottery other than in the limited circumstances authorised by the Gaming and Lotteries Act.

It is an offence to import, print, publish, distribute, sell, offer, expose for sale, invite to buy or have possession of any ticket, counterfoil or coupon for use in a lottery or any document containing information relating to a lottery. If any such tickets, coupons, counterfoils, etc. are found in a search it is presumed that the person having control of the premises had them in his possession for the purpose of sale or distribution.

It is an offence to print or publish in a newspaper, publication, cinema, broadcast any notice or announcement concerning a lottery other than a lawful lottery.  It is an offence to cause or procure the same. The above provisions do not apply to a lawful lottery or for lotteries printing of documents and lotteries held wholly outside the State.

Lawful Lotteries

A lottery is not unlawful if it is confined to members of a single society whose purposes are not connected with gaming, waging or lotteries.  A lottery confined to persons working or residing in the same premises is not unlawful.  In these cases, there must be no written notice or announcement other than on the premises of the society or other persons concerned or members of the society.

A lottery is lawful if promoted as part of a dance, concert or like event and the persons holding the event derive no personal profit and the total value of prizes do not exceed a specified maximum.  The specified amount is relatively small.

A lottery is lawful

• if promoted as part of a circus or travelling show,
• carnival, bazaar, sports  festival or event in which gaming is permitted and the persons holding the event  derive no personal profit
• if promoted by a licensee of a licensed amusement hall or funfair as part of the entertainment.

Tickets must

• not be sold outside
• be  sold on the same day or night as the draw and announcement,
• the price of each ticket is not more than a specified minimum,
• maximum prize is no more than the specified maximum and
• taking part nor the result does not entitle any person to take part in any lottery or game.

2019 Act

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.

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. In addition, there is the imposition, , of an age limit for betting with the Tote.

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 any form of lottery activity without a licence or permit having being issued in accordance with the Act.

2019 Act Exemptions

A lottery does not require a licence or permit, where it is promoted for the benefit of a charitable or philanthropic purpose and not for promoter benefit. The conditions are

• the total value of the prizes is not more than €1,000,
• the price of each ticket is not more than €5,
• the maximum number of tickets sold is not more than 1,500,
• the lottery is conducted for the benefit of a charitable or philanthropic purpose, and
• the promoter of the lottery derives no personal profit from the lottery and has not conducted a lottery under this provision during the preceding 3 months.”.

 Lotteries held in conjunction with certain events (2019 Act)

A lottery which is conducted in conjunction with the selling or marketing of a particular does  not require a permit or licence, providing the conditions are the section is satisfied.

• the total value of the prizes is not more than €2,500, and
• there is no charge for taking part in the lottery other than the purchase of the product concerned (if such is required) and there is no additional charge for the redemption of a prize.

“marketing’ means any form of commercial communication that is intended to increase or has the effect of increasing, the recognition, appeal or consumption of a particular product;

‘sell’ means sell by retail or wholesale and includes—

• offer or expose for sale,
• invite the making by a person of an offer to purchase,
• distribute free of charge, and
• supply for any of these purposes (whether or not for profit).”.

Lottery Tickets

Tickets, coupons and counterfoils must have details of the licence holder or permit holder and number together with certain other information.

The holder of a licence or permit for a lottery need not have a bookmaker\’s licence.  There are restrictions on the export of lottery tickets and counterfoils.

An Post may detain postal packets suspected of containing documents relating to an unlawful lottery.  They may open and examine packets.  They must do so in the presence of the addressee unless having given notice of their attendance the person does not attend.

An Garda Siochana Commissioner may make regulations in relation to the keeping of accounts.  Regulations have been made regarding furnishing of returns to An Garda Siochana for the district for which lotteries are returned.

Lottery tickets (2019 Act)

Every ticket, coupon, counterfoil and notice relating to a lottery (other than a lottery under the philanthropic purposes and marketing of products exemptions) must  bear the name and address of the holder of the lottery permit or licence, or  if the permit or licence is in the name of more than one person, of one of them, and of the printer, and of the beneficiary or object. It shall  state whether it is being carried on under a permit or licence and the superintendent of the Garda Síochána or Court by whom the permit or licence was issued.

Where the lottery is conducted in a premises, the above information shall be prominently displayed at the normal means of access to the premises proposed to be used.”.

 The  seizure provision, relating to gaming instruments also extend to unlawful gaming machines. They  would also apply to instruments or machines not being operated in accordance with a licence.

 Penalties for all offences – existing or new – under the 1956 Act, as amended,  are as follows

A person guilty of the principal offences is subject

• on summary conviction to a class A fine, or imprisonment for a term not exceeding 6 months or both, or
• on conviction on indictment to a fine not exceeding €50,000 or imprisonment for a term not exceeding 2 years or both.

There an offence under this Act is committed by a company and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.”.

Revocation or suspension of licences and permits

Where a person who is the holder of a gaming licence or permit or a lottery licence or permit is convicted of an offence under this Act, a superintendent of the Garda Síochána within whose district the place to which the permit or licence relates is situate may apply to the District Court for an order that the licence or permit be revoked or suspended.

An application under this section shall be made to a judge of the District Court district for the area in which the place to which the permit or licence relates is situate. The clerk of the court concerned shall notify the Revenue Commissioners of the making of an order under this section and of its terms.”.

The forfeiture provision for gaming instruments are extended to provide also for forfeiture of gaming machines used in the commission of an offence under the Act. The Court may  order destruction of documents relating to a lottery to provide also for destruction of documents relating to a gaming activity.

The Minister has power to make regulations   with regard to the keeping of accounts and other records of permits for gaming and lotteries issued by the Gardaí. The Garda Commissioner is consulted in the matter.

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.