{"id":5020,"date":"2018-12-22T16:32:31","date_gmt":"2018-12-22T16:32:31","guid":{"rendered":"https:\/\/legalblog.ie\/gaming\/"},"modified":"2023-11-11T16:23:51","modified_gmt":"2023-11-11T16:23:51","slug":"gaming","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/gaming\/","title":{"rendered":"Gaming"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/gaming\/#Gaming_and_Wagering\" title=\"Gaming and Wagering\">Gaming and Wagering<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/gaming\/#Unlawful_Gaming\" title=\"Unlawful Gaming\">Unlawful Gaming<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/gaming\/#General\" title=\"General\">General<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/gaming\/#Circus_Events_pre-2019_Act\" title=\"Circus &amp; Events (pre-2019 Act)\">Circus &amp; Events (pre-2019 Act)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/gaming\/#Licensed_Premises_Pre-2019_Act\" title=\"Licensed Premises (Pre-2019 Act)\">Licensed Premises (Pre-2019 Act)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/gaming\/#Gaming_permits_2019_Act\" title=\"Gaming permits (2019 Act)\">Gaming permits (2019 Act)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/gaming\/#Application_and_Issue_2019_Act\" title=\"Application and Issue (2019 Act)\">Application and Issue (2019 Act)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/gaming\/#Powers_of_Garda_Siochana\" title=\"Powers of Garda Siochana\">Powers of Garda Siochana<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/gaming\/#Conviction\" title=\"Conviction\">Conviction<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/gaming\/#Gaming_Machine\" title=\"Gaming Machine\">Gaming Machine<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Gaming_and_Wagering\"><\/span>Gaming and Wagering<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Any contract by way of gaming and wagering is void.\u00a0 No action lies for the recovery of anything won or alleged to have been won or deposited.\u00a0A 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,\u00a0 not prohibited by gaming and lotteries legislation.<\/p>\n<p>Gaming and Lotteries have always been tightly regulated.\u00a0 The legislation in Ireland was updated in 2019.\u00a0 The equivalent legislation in the UK has been substantially updated with the formation of the Gambling Commission.\u00a0 The licensing is still based largely around An Garda Siochana and District Court.<\/p>\n<p>The expressions <em>\u201cgaming\u201d<\/em> and <em>\u201clottery\u201d <\/em>are wider than may be commonly understood.\u00a0Gaming means playing any game where stakes are hazarded by the player.\u00a0 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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Unlawful_Gaming\"><\/span>Unlawful Gaming<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"General\"><\/span>General<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>Stake and prize limits in respect of licensed gaming machines were\u00a0 adjusted upwards. They had remained unchanged since the 1956 Act came into effect.The Act made provision for a prize fund limit of \u20ac360,000, where a one-off annual lottery is promoted under a District Court licence.<\/p>\n<p><em>\u00a0<\/em>It is an offence to promote gaming without a permit or licence or other than in accordance with the terms of the licence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Circus_Events_pre-2019_Act\"><\/span>Circus &amp; Events (pre-2019 Act)<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Gaming may be carried on as part of a circus or other travelling show subject to certain conditions including that gaming:<\/p>\n<ul>\n<li>is not the main activity;<\/li>\n<li>that it does not extend over 10 days or has not been carried on within three months at the same place;<\/li>\n<li>that no person under 16 is allowed to play;<\/li>\n<li>that the stake is no more than (a stipulated very small amount);<\/li>\n<li>taking part does not entitle the person in any other game or lottery;<\/li>\n<li>notice in writing of the date of gaming at the show had been given to the sergeant in charge of the local Garda station.<\/li>\n<\/ul>\n<p>There are similar exemptions for gaming carried on as part of a carnival, bazaar, sports meeting, local festival, exhibition or other like events.\u00a0 The persons arranging for the event must derive no personal profit from it.<\/p>\n<p>The above exemptions are only available to persons and companies resident in the State although EU law may displace this requirement.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Licensed_Premises_Pre-2019_Act\"><\/span>Licensed Premises (Pre-2019 Act)<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The licensee of a premises licensed for the sale of intoxicating liquor must not permit gaming on the premises. \u00a0The 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.<\/p>\n<p>An offence under this provision may be recorded on the intoxicating liquor licence.\u00a0 \u00a0Persons may be committed for permitting gaming on a licensed premises.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Gaming_permits_2019_Act\"><\/span>Gaming permits (2019 Act)<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The \u00a0application 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.\u00a0 There are various conditions that\u00a0 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.<\/p>\n<p>Person may apply to the superintendent of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>A superintendent of the Garda S\u00edoch\u00e1na 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 \u00a0refuse the application.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Application_and_Issue_2019_Act\"><\/span>Application and Issue (2019 Act)<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In considering an application under this section, the superintendent of the Garda S\u00edoch\u00e1na shall have regard to the following:<\/p>\n<ul>\n<li>\u00a0the character of the applicant, or in the case of a body corporate, of the persons exercising control and management thereof;<\/li>\n<li>\u00a0the number of gaming permits already issued in the locality;<\/li>\n<li>\u00a0the suitability of the premises or place proposed to be used;<\/li>\n<li>\u00a0the kind of gaming proposed to be carried on, including whether the gaming is for a charitable or philanthropic purpose.<\/li>\n<\/ul>\n<p>A gaming permit shall not be issued to a person\u2014<\/p>\n<ul>\n<li>\u00a0for 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,<\/li>\n<li>\u00a0to 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<\/li>\n<li>to promote gaming by means of a gaming machine.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Powers_of_Garda_Siochana\"><\/span>Powers of Garda Siochana<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An Garda Siochana may seize gaming instrument which can be fraudulently operated, have been fraudulently operated or used for unlawful gaming.\u00a0 A person may not operate or permit to be operated or possess any gaming instrument having any such device.<\/p>\n<p>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.\u00a0 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.<\/p>\n<p>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.\u00a0 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.\u00a0 It is an offence to obstruct or impede An Garda Siochana in the exercise of powers under the legislation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Conviction\"><\/span>Conviction<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>Any person who contravenes the legislation is guilty of an offence subject up to two months imprisonment or fine.\u00a0Where an offence is committed by a company, any officers, directors, secretary, etc. who consent or approve with the offence are also guilty.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Gaming_Machine\"><\/span>Gaming Machine<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A gaming machine licence must be obtained for each gaming machine in an amusement hall or funfair.\u00a0 The licence must be displayed at or near the entrance to the premises.\u00a0 it is an offence to fail to have the requisite licence or display it.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-5020\" data-postid=\"5020\" class=\"themify_builder_content themify_builder_content-5020 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Gaming and Wagering Any contract by way of gaming and wagering is void.\u00a0 No action lies for the recovery of anything won or alleged to have been won or deposited.\u00a0A 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 [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[366],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/5020"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=5020"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/5020\/revisions"}],"predecessor-version":[{"id":29090,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/5020\/revisions\/29090"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=5020"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=5020"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=5020"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}