Gambling
Gaming and Lotteries Act (as enacted)
GAMING AND LOTTERIES ACT, 1956.
AN ACT TO AMEND THE LAW RELATING TO GAMING AND LOTTERIES. [14th February, 1956.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I.
Preliminary and General.
Short title and commencement.
1.—(1) This Act may be cited as the Gaming and Lotteries Act, 1956.
(2) This Act shall come into operation on such day as the Minister shall by order appoint.
Definitions.
2.—In this Act—
“banker” in relation to a game means the banker or other person by whom the game is managed, or against whom the other players stake, play or bet;
“gaming” means playing a game (whether of skill or chance or partly of skill and partly of chance) for stakes hazarded by the players;
“gaming instrument” means any table or instrument of gaming and any coin, card, token or other article used as an instrument or means of gaming;
“gaming licence” means a licence under section 19;
“local authority” means a body being the council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town;
“lottery” includes all competitions for money or money’s worth involving guesses or estimates of future events or of past events the results of which are not yet ascertained or not yet generally known;
“lottery licence” means a licence under section 28;
“the Minister” means the Minister for Justice;
“public place” means any place to which the public have access whether as of right or by permission and whether subject to or free of charge;
“society” includes a club, institution, organisation or other association of persons by whatever name called;
“stake” includes any payment for the right to take part in a game and any other form of payment required to be made as a condition of taking part in the game but does not include a payment made solely for facilities provided for the playing of the game;
“Superintendent” includes an Inspector acting as Superintendent.
Repeals.
3.—The enactments mentioned in the Schedule are hereby repealed.
PART II.
Gaming.
Unlawful gaming.
4.—(1) No person shall promote or assist in promoting or provide facilities for any kind of gaming—
(a) in which by reason of the nature of the game, the chances of all the players, including the banker, are not equal, or
(b) in which any portion of the stakes is retained by the promoter or is retained by the banker otherwise than as winnings on the result of the play, or
(c) by means of any slot-machine not prohibited by section 10.
(2) Such gaming is in this Act referred to as unlawful gaming.
(3) Gaming shall not be unlawful if no stake is hazarded by the players with the promoter or banker other than a charge for the right to take part in the game, provided that—
(a) only one such charge is made in respect of the day on which the game is played, and
(b) the charge is of the same amount for all the players, and
(c) the promoter derives no personal profit from the promotion of the game.
Use of places for unlawful gaming.
5.—No person shall open, keep or use any building, room or place, enclosed or unenclosed, or permit it to be opened, kept or used for unlawful gaming or take part in the care and management of or in any way assist in conducting the business of any building, room or place so opened, kept or used.
Gaming at circus or travelling show.
6.—(1) Gaming carried on at any place as part of a circus or other travelling show shall not be unlawful gaming if—
(a) gaming is not the main activity at the show, and
(b) the gaming does not extend over a period exceeding ten days and has not been carried on during the preceding three months as part of the show when being held at that place or anywhere within three miles of that place, and
(c) the stake in each game is not more than sixpence for each player, and
(d) no person under sixteen years of age is permitted to play, and
(e) no player may win more than the value of ten shillings in each game, and
(f) neither taking part in nor the result of a game entitles the player to take part in any other game or lottery or otherwise to receive or be eligible to compete for any money or money’s worth, and
(g) notice in writing of the dates of gaming at the show has been previously given by the promoter to the Sergeant in charge of the local Garda Síochána station.
(2) For the purpose of paragraph (b) of subsection (1), the promotion of a lottery shall be deemed to be the carrying on of gaming.
Gaming at carnivals.
7.—(1) Gaming carried on as part of a carnival, bazaar, sports meeting, local festival, exhibition or other like event shall not be unlawful gaming if—
(a) the persons arranging for the holding of the event derive no personal profit from the event or from the game, and
(b) gaming is not the main activity of the event, and
(c) gaming at the event does not extend over a period exceeding one month, and
(d) the stake in each game is not more than sixpence for each player, and
(e) no person under sixteen years of age is permitted to play, and
(f) no player may win more than the value of ten shillings in each game, and
(g) neither taking part in nor the result of a game entitles the player to take part in any other game or lottery or otherwise to receive or be eligible to compete for any money or money’s worth, and
(h) notice in writing of the dates of gaming at the event has been previously given by the promoter to the Sergeant in charge of the local Garda Síochána station.
(2) For the purpose of paragraph (c) of subsection (1), the promotion of a lottery shall be deemed to be the carrying on of gaming.
Residence qualifications for promoters of gaming.
8.—(1) In this section—
“qualified individual” means an individual who, during the period of twelve months preceding a given date, has had his usual or principal place of residence in the State;
“qualified company” means a body corporate in the case of which both a majority of the members and a majority of the persons exercising control and management are qualified individuals.
(2) Nothing in section 6 or section 7 shall render it lawful for a person to promote, assist in promoting or provide facilities for gaming to which section 4 applies unless—
(a) that person is a qualified individual or a qualified company, and
(b) if that person is acting on behalf of another person, that other person is also a qualified individual or a qualified company or an unincorporated body of persons, each member of which is a qualified individual.
(3) This section does not apply to an individual who is merely assisting in the promotion of gaming in accordance with a contract of service.
Gaming on licensed premises.
9.—(1) The licensee of premises licensed for the sale of intoxicating liquor shall not permit gaming on the premises.
(2) This section shall not prohibit the licensee or his private friends from playing cards for stakes in a part of the premises other than that in which the sale of intoxicating liquor generally takes place if the friends are being entertained by him at his own expense.
(3) This section does not apply to the playing of a game where no stake is hazarded by the players other than a charge for the right to take part in the game, provided that—
(a) only one such charge is made in respect of the day on which the game is played, and
(b) the charge is of the same amount for all the players, and
(c) the promoter (if any) derives no personal profit from the promotion of the game.
(4) A conviction for an offence under this section shall, if the Court in its discretion so thinks proper, be recorded on the licence.
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Prohibition of lotteries.
21.—(1) No person shall promote or assist in promoting a lottery.
(2) No person shall import, print, publish or distribute or sell, offer or expose for sale, invite an offer to buy or have in his possession for sale or distribution any ticket, counterfoil or coupon for use in a lottery or any document containing any information relating to a lottery.
(3) If any ticket, counterfoil or coupon for use in a lottery is found at any place or premises searched in pursuance of a search warrant under this Act, it shall be evidence until the contrary is proved, in a prosecution for a contravention of this section, that the person having control over the place or premises had it in his possession for sale or distribution.
(4) This section does not apply to a lottery declared by any provision of this Part not to be unlawful.
(5) This section does not apply to the printing of tickets, counterfoils, coupons or other documents for the promoters of a lottery promoted and conducted wholly outside the State.
Advertisement of lotteries.
22.—No person shall print, publish in any newspaper or periodical publication, exhibit on any cinema screen or broadcast by radio any notice or announcement concerning a lottery (other than an announcement of the results of a lottery declared by any provision of this Part not to be unlawful) or cause or procure any such notice or announcement to be so printed, published, exhibited or broadcast or knowingly circulate or cause or procure to be circulated any newspaper or periodical publication containing any such notice or announcement.
Private lotteries.
23.—A lottery shall not be unlawful if—
(a) the sale of chances is confined to—
(i) the members of one society established and conducted for purposes not connected with gaming, wagering or lotteries, or
(ii) persons all of whom work or reside on the same premises, and
(b) there is no written notice or announcement relating to the lottery except a notice on the premises of the society or other persons concerned or to members of the society.
Lotteries at dances and concerts.
24.—A lottery shall not be unlawful if—
(a) it is promoted as part of a dance, concert or other like event and the persons arranging for the holding of the event derive no personal profit from the event or from the lottery, and
(b) the total value of the prizes in the lottery is not more than twenty-five pounds and, if more than one lottery is held, the total value of the prizes for the event is not more than twenty-five pounds.
Lotteries at carnivals and other events.
25.—A lottery shall not be unlawful if—
(a) either—
(i) it is promoted as part of a circus or other travelling show on a day on which under section 6 gaming is permitted, or
(ii) it is promoted as part of a carnival, bazaar, sports meeting, local festival, exhibition or other like event on a day on which under section 7 gaming is permitted and the persons arranging for the holding of the event derive no personal profit from the event or from the lottery, or
(iii) it is promoted by the licensee of a licensed amusement hall or funfair as part of the entertainment therein, and
(b) the tickets are not sold outside the place or premises where the event is in progress, and
(c) they are sold only on the same day or night as the draw and announcement of results, and
(d) the price of each ticket is not more than sixpence, and
(e) no person may win more than the value of ten shillings in the lottery, and
(f) neither taking part in nor the result of the lottery entitles the participant to take part in any other lottery or game or otherwise to receive or be eligible to compete for any money or money’s worth.
Lotteries under permit or licence.
26.—(1) A lottery shall not be unlawful if it is promoted and conducted wholly within the State in accordance with a permit or a licence.
(2) Section 32 of the Betting Act, 1931 (No. 27 of 1931) (which relates to betting on football games), shall not apply to a lottery to which this section applies.