Lottery Licences

Garda Licensed Lottery (Pre-2019 Act)

Certain lotteries are permitted under licence.  Below a specified financial threshold, an application is made to the Superintendent of An Garda Siochana for the area with a right of appeal to the District Court.  Above that threshold, an application is made to the District Court.

An application to the Superintendent of An Garda Siochana for the area may be made for a permit:

• the permit holder must not derive personal profit from the lottery;
• total value must not be more than [£3,000];
• the value of each prize must be stated on the ticket or coupon.

The permit will not be granted more than once in six months to the same beneficiary.  Where there is a carnival, bazaar, sports meeting, festival etc the permit may authorise the promotion of more than one lottery in conjunction with it.  However, the total value of prizes for the week must not exceed the maximum.  There is an appeal to the District Court against a refusal.

District Court Licence (Pre-2019 Act)

The District Court may grant a licence for the promotion during a period of not more than one year, periodical lotteries.  Each of the series of lotteries must comply with the following conditions:

• must be for a charitable or philanthropic purpose or purposes;
• licensee shall derive no personal profit;
• total value prizes must not exceed [€12,700];
• value of each prize stated on ticket;
• not more than 40% of gross proceeds must be used for the expenses of promotion including commission and any free entry shall be deemed payment of commission.

28 days; prior notice must be given to the Superintendent of An Garda Siochana specifying certain details of the lottery.  It is an offence to give false or misleading information or representation.

The Court shall have regard to the character of the applicant, the number of periodical lotteries already in operation in the locality.  A Superintendent of An Garda Siochana or other interested persons appearing may adduce evidence.

There is provision for an appeal to the Circuit against refusal of the licence or imposition of conditions.

Lottery permits (2019 Act)

 Application is made to the relevant  Garda Superintendent for a lottery permit.An application for a lottery permit shall—

• be in such form as may be specified by the Minister,
• be accompanied by the prescribed fee, and
• be made to the superintendent of the Garda Síochána concerned not less than 60 days before the first day on which it is intended to promote a lottery to which the application relates.

A person who applies for a lottery permit shall provide the superintendent of the Garda Síochána to whom the application concerned is made with all such information as he or she may request for the purpose of the performance of his or her functions under this section and if the person fails to comply with this subsection, the superintendent may refuse to grant the person the permit.

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

In considering an application under this section for a lottery permit, the superintendent of the Garda Síochána concerned 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 lottery permits already issued in the locality;
• the suitability of the premises (if any) proposed to be used.

Effect of Permit

A lottery permit, if not previously revoked or suspended shall continue in force for such period not exceeding 12 months as may be specified in the permit and shall then expire. A lottery under this provision may be promoted for the benefit of the holder of the permit or for a charitable or philanthropic purpose.

A person who holds a lottery permit shall not transfer that permit to any other person and any such purported transfer shall be void and of no effect.

A person who holds a lottery permit shall not accept a stake from a person under the age of 18 years. Breach is an offence. It is a defence to such charge to prove that the person so charged believed and had reasonable cause for believing that the person in respect of whom such offence is alleged to have been committed was of or over the age of 18 years.

The following conditions shall attach to a lottery permit:

• the value of each prize shall be stated on every ticket or coupon or, where the lottery is conducted in a premises, such information shall be prominently displayed at the normal means of access to the premises proposed to be used;
• the price of each ticket shall not be more than €10;
• the total value of the prizes in a lottery shall not be more than €5,000 or where more than one lottery is held in any week the total value shall not be more than €5,000;
• not more than 5 per cent of the total proceeds shall be retained by the holder of a lottery permit when the lottery is held for the benefit of a charitable organisation.

A person who holds a lottery permit shall comply with the conditions of the permit. Breach is an offence.

The Minister may by regulations vary the amounts specified above. Each Garda Superintendent will be required to maintain a register of all gaming permits issued, revoked and suspended in his/her district. Every register maintained under this section shall be open for inspection at all reasonable times by members of the public.

A person to whom a lottery permit has been refused under this section may appeal the refusal to a judge of the District Court assigned to the District Court district in which the lottery is to be held is situated.

 Lottery licences from District Court (2019 Act)

A person may apply to the District Court for a  lottery licence authorising the person to promote periodical lotteries. The application for a lottery licence shall  be accompanied by the prescribed fee, and  be made to the court not less than 60 days before the first day on which it is intended to promote a lottery to which the application relates.

In considering an application under this section for a lottery licence, a judge of the District Court shall have regard to the following:

• the character of the applicant;
• the number of periodical lotteries already in operation in the locality;
• the purpose of the lottery.

On the hearing of an application under this section for a lottery licence, the superintendent of the Garda Síochána for the district in which the lottery is to be held and any other person who appears to the court to be interested may appear and adduce evidence in relation to the application.

The District Court shall either  grant the application and issue the lottery licence; or  refuse the application. A lottery licence, if not previously revoked or suspended shall continue in force for such period not exceeding 12 months as may be specified in the licence and shall then expire.

The application under this section to the District Court shall be made to a judge of the District Court assigned to the District Court district in which it is proposed to promote lotteries.A person who holds a lottery licence shall not transfer that licence to any other person and any such purported transfer shall be void and of no effect.

A person who holds a lottery licence shall not accept a stake from a person under the age of 18 years.Breach is an offence It is a defence to such charge to prove that the person so charged believed and had reasonable cause for believing that the person in respect of whom such offence is alleged to have been committed was of or over the age of 18 years.

Licence Conditions

The following conditions shall attach to a lottery licence:

• the holder of the licence shall derive no personal profit from the lottery;
• the value of each prize and the name of the intended beneficiary of the lottery shall be stated on every ticket or coupon or, where the lottery is conducted in a premises, such information shall be prominently displayed at the normal means of access to the premises proposed to be used;
• the total value of the prizes if more than one lottery is held in any week, shall be not more than €30,000, and if one lottery is held in any year, shall be not more than €360,000;
• not more than 25 per cent of the total proceeds shall be retained by the holder of the licence and utilised for the expenses of promotion, including commission, and any free entry for the lottery shall be deemed to be a payment of commission to the extent of its value;
• not more than 75 per cent of the total proceeds shall be allocated to prizes and not less than 25 per cent shall be allocated to a charitable or philanthropic purpose;
• the allocation of the proceeds referred to in paragraphs (d) and (e) shall be made within one month from the date of the holding of the lottery.

A person who holds a lottery licence shall comply with the conditions of the permit. Breach is an offence.

The Minister may by regulations vary the amounts specified above .The District Court clerk for a District Court area shall keep a register of all lottery licences  issued in that District Court area, and ) any such licences revoked or suspended.

Every register maintained under this section may be maintained electronically and shall be available for inspection at all reasonable times by members of the public.