Bookmakers

Bookmakers Licence

Bookmakers are licensed by the Revenue Commissioners and require a certificate issued by a Superintendent of An Garda Siochana for the area on appeal by District Court.

It is an offence for a person to carry on business or act as a bookmaker or hold himself out as such without holding a valid bookmakers licence from Customs and Excise.

A person ordinarily resident in the State may apply to the Superintendent of An Garda Siochana for the district in which he proposes to carry on business or have his office for a certificate that he is a fit and proper person to hold a bookmaker’s license.  A notice must be published in at least two newspapers in the district advertising the intention.  The format of the application is prescribed.

Within 14 days of receiving the application, the Superintendent of An Garda Siochana must either grant the certificate or refuse it.  A person affected must be given an opportunity to be heard and know the complaints or evidence or basis upon which the refusal is made.  He should be entitled to make representations and they should be taken into account.

In the case of a person resident outside the State, the equivalent application is made to the Department of Justice.

Grounds for Refusal

There are various grounds upon which the application for a licence may be refused.  They include one or more of the following:

• Outstanding arrears of duty to the Revenue Commissioners;
• That the person has been committed of an offence relating to gaming or betting;
• That a license under the Act has been revoked;
• A previous refusal has been confirmed on appeal to the District Court;
• The applicant by reason of his general character or know habits is not a fit person to hold a licence;
• The financial circumstances are such as to render him unfit to hold a bookmaker’s licence;
• That in the case of a previous licensed person he had failed to pay debts without reasonable cause;
• That he has been ordinarily resident in the State less than 12 months;
• That he previously conducted a bookmaker’s business in a disorderly manner or a manner to encourage persons to congregate loiter outside registered premises or so permitted;
• That he is acting on behalf of another person whose application would be refused;
• That he is a pawnbroker or money lender.

The licences are issued by the Revenue Commissioners.  A tax clearance certificate is required. The licences are annual and must have the name, address and photograph of the holder.

Bookmaker Premises Licence

The Superintendent of An Garda Siochana may if satisfied that the applicant is licensed bookmaker or holder of a certificate or personal fitness grant an application that the premises are suitable or on any of the below grounds refuse registration.

Registration of the premises may be refused on any of the following basis:

• That the applicant is neither licensed nor the holder of a certificate of personal fitness;
• The applicant is not proprietor;
• The premises are in close proximity to a place of worship, religious institution, school, employment exchange, factory or similar place where large numbers of persons congregate or are situate in a residential area;
• Communicate internally with other premises;
• That the premises were previously removed from the register;
• That irregularities have occurred due to proximity to licensed premises;
• That the applicant has been convicted of an offence in relation to the premises or other prescribed grounds.

A person whose certificate personal purpose or suitability of premises has been refused may within 14 days appeal refusal to the District Court.  The format is prescribed.

On hearing the appeal the District Court may either confirm or disallow the refusal.  The Revenue Commissioners and An Garda Siochana are entitled to be heard and offer evidence.  Only the grounds of refusal mentioned in the written statement may be advanced.  An applicant may be refused on the basis that there is an excessive number of premises in existence already.

The Revenue Commissioners maintain a register of bookmaking premises.  A person desiring to renew or register an application for premises of which he is owner may apply to An Garda Siochana Superintendent for a certificate of suitability.  Notice of the intention to apply must be published in at least two newspapers circulating in the district.  The prescribed format must be used.

Revocation

Where a licensed bookmaker is convicted of any crime or an offence under the legislation and the Court is of the view that the crimes are of such a nature or character that it renders the bookmaker unfit to continue as such the Court may revoke the licence.

When the owner of any premises is convicted of an offence in relation to the premises or other premises and the Court proposing the conviction is of the opinion that having regard to the nature and character of the offence and circumstances it is not expedient that the premises would continue to be registered then the Court may revoke the licence held by such proprietor and direct the premises be removed from the register.  A revoked licence must be surrendered.

The Minister for Justice may revoke licences granted on the basis of a certificate of personal fitness issued by him.

Restrictions and Regulations I

No person except the registered proprietor of premises may carry on trade, profession or business whatsoever in registered premises.  The registered owner may not permit any other trade, profession or business to be carried on except the business of bookmaking.

It is not permissible for the registered owner to set up and maintain outside a premises any attraction other than the mere carrying out of the business which causes or encourages or is likely to encourage persons to congregate outside the premises.  The owner must not permit overcrowding or loitering on the premises.

The registered owner must not proclaim or announce or allow proclamation or announcement in premises the terms or odds on which he is willing to take bets in relation to a particular race, match or other contest.

The registered owner shall not exhibit outside of the registered premises visible from the street list or statement of the terms or odds on which he is willing to take bets in relation to a particular race, match, contest or competition or list a statement of competitors entered for or withdrawn or likely taking part or statements of fact, news, forecast in respect of such contest or any other incitement or inducement to bet.

Where a horse racing meeting is held in Ireland or the UK it is not permissible between the starting of the first race or 15 minutes after the start of the last race to make or permit payment of monies made on any bet in relation to the race meeting.

Restrictions and Regulations II

Registered premises must not be opened on Sunday, Christmas Day or Good Friday nor before nine in the morning, amended to seven in the morning and after 6:30 in the evening 1^st September to 31^st March and seven in the morning to 10 a.m. 1^st April.  If a meeting is running later than 6:30 in the winter period the offices may be kept open until thereafter.

It is not permissible to take a bet from a person under the age of 18 years either acting by himself or on behalf of another.  It is a defence to believe that there was reasonable cause for believing that person was over 18 years of age.

The current certificate of registration must be displayed on the premises at all times.

It is an offence to stand or loiter at or near a registered office after the request by a member of An Garda Siochana in uniform to move on.  It is an offence for a person to falsely represent himself as over 18 years to induce a licensed bookmaker to take a bet.

It is unlawful for a person to write, print, publish, circulate any advertisement or circular or coupon advocating or inviting a person in relation to betting on a football game or knowing or causing during the same to be procured save as permitted by the section.

It is permissible having distributed an advertisement, circular or coupon relating to the business of bookmaking in bookmaking premised for persons to print such advertisements for registered proprietors.

A person may not carry on the business of a bookmaker at an authorised racecourse unless he is an authorised bookmaker or person specified in a course betting representative permit.

On Course Licences

The Horse Racing Authority may grant a licensed bookmaker a permit authorising him to carry on the business of bookmaking at the authorised event.  A permit may be granted to the authorised bookmaker or an employee or agent of his.

The holder must comply with the terms and conditions.  There are provisions in relation to the refusal of permission and the right to make representations.  There is provision for an appeal against refusal to the Bookmaker’s Appeals Committee.

Authorised officers of the Horse Racing Authority may require persons carrying on the business of bookmaker to produce permits etc.

Levies I

Authorised officers of the Authority may enter premises were bookmaking is believed to be carried and require the production of books, documents, etc.  It may search for books, documents, remove them, etc.  Persons must comply with the requirements made by authorised officers.  It is an offence to impede, restrict or obstruct an authorised officer.

The Authority has power by regulations to fix commissions governing the charges to be made by the executive of an authorised racecourse to authorise bookmakers:

• Governing activities of bookmakers at racecourse including a range of betting services;
• Provision of facilities for authorised bookmakers;
• Permission of authorised bookmakers to operate from betting offices;
• Regulation of the range of betting services at betting offices;
• Structure and location of betting offices;
• Operation and opening hours;
• Good order and conduct of such places.

There is provision for levies payable by authorised bookmakers on course bets.  The levy must be paid to the Authority.  There are provisions in relation to bets made other than a betting office placed solely on a horseracing event at an authorised racecourse or bet placed in a betting office at an authorised recourse.

The Authority may make regulations regarding levies payable.  Authorised bookmakers may be required to retain census records for the Authority, furnish copy records to the Authority, enter arrangements with the authority regarding payment of levies.  The Authority may allow for readmission or refunds of levies in cases where contingent liability is shown to be transferred to another bookmaker by means of a bet freshly made.

Bookmakers licence must comply with the provisions of the Irish Horse Racing Industry Act.

Levies II

Levies apply to bookmaking premises.  Excise duty is payable in respect of registration or renewal of the premises.

The Horse and Greyhound Racing Betting Charges and Levy Act, 1999 provides for a turnover charge payable by authorised bookmakers on course bets.  The authority may make flat rate charges as it considers necessary or appropriate in connection with activities of an authorised bookmaker, activities of a licensed bookmaker at licensed racecourse with a licence to hold point-to-point meetings, a pitch held by an authorised bookmaker at an authorised racecourse, a betting office.  Different charges may be payable.

If charges are not paid course betting permit may be suspended or revoked.  Some of the provisions apply generally in respect of the bookmakers licence.

A licensed bookmaker is subject to a turnover charge payable on off course bets.  The percentage is such between 0.3%  and 2.5% as Minister for Finance specifies.

Registered owners of betting premises must pay a charge based on the turnover to Revenue Commissioners.

Broadly parallel provisions  apply in respect of bookmakers on greyhound tracks.

Enforcement

Any officer of the Customs and Excise or member of An Garda Siochana may require pthe roduction of a licence and be allowed to examine it.  Failure to permit or facilitate such is an offence.

An Garda Siochana may arrest any person without warrant who refuses or fails to produce a licence or give misleading information regarding name and address.

The postal authorities may detain postal packets suspected of containing communications from a person within the State from a person outside of the State which purports to make or enter into a bet or by which the sender purports to employ or instruct the addressee to make a bet on his behalf.