Gaming

Gaming and Lotteries

Gaming and Lotteries have always been tightly regulated.  The present legislation in Ireland is somewhat dated.  The equivalent legislation in the UK has been substantially updated with the formation of the Gambling Commission.  The licensing is still based largely around An Garda Siochana and District Court.

The expressions “gaming” and “lottery” are wider than may be commonly understood. Gaming means playing any game where stakes are hazarded by the player.  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.

Lottery

A lottery is a competition from money or money’s worth involving the guessing or estimates of future events or past events the results of which are not ascertained or not yet known.  A lottery includes but is not limited to the commonly understood meaning of the word which is a distribution of prizes by chance.  Payment of money specifically to qualify for that chance is not necessarily an ingredient.  Where persons who buy goods are entered in a lottery this is nonetheless a lottery.

The essential feature of the lottery is that winning depends on chance.  Where a game has two parts posing and answering the question of skill at the second part is immaterial if the participant has already won the right to collect the prize by providing the correct answer to a simple question.

A game doesn’t constitute a lottery unless the persons participating or a substantial number of them make some form of payment such as by purchasing a ticket, entrance fee or buying goods for the purpose of participating. Bingo, draws, newspaper games with a limited element of skill are lotteries.

Unlawful Gaming

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.

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.

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.

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.

Lawful Gaming

Gaming is lawful under certain circumstances.  Gaming may be carried on as part of a circus or other travelling show subject to certain conditions including that gaming:

• is not the main activity;
• that it does not extend over 10 days or has not been carried on within three months at the same place;
• that no person under 16 is allowed to play;
• that the stake is no more than (a stipulated very small amount);
• taking part does not entitle the person in any other game or lottery;
• notice in writing of the date of gaming at the show had been given to the sergeant in charge of the local Garda station.

There are similar exemptions for gaming carried on as part of a carnival, bazaar, sports meeting, local festival, exhibition or other like events.  The persons arranging for the event must derive no personal profit from it.

The above exemptions are only available to persons and companies resident in the State although EU law may displace this requirement.

Licensed Premises

The licensee of a premises licensed for the sale of intoxicating liquor must not permit gaming on the premises.  The 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.

An offence under this provision may be recorded on the intoxicating liquor licence.   Persons may be committed for permitting gaming on a licensed premises.

Amusement Halls

Amusement halls and funfairs maybe licensed by the local authority.  The provisions only apply where the local authority resolves to adopt a resolution under the Gaming and Lotteries Act.  Certain procedures must be followed in order to bring the legislation into force in an area.

Gaming at an amusement hall or funfair is not unlawful subject to certain conditions including:

• Compliance with the conditions of the licence;
• Persons under 16 not permitted to play;
• Limitation of the stake to a small amount specified in legislation;
• Limitation on the overall value of each game;
• No link or eligibility for participation in other game or lottery.

The court may Award Certificate

An application may be made to the District Court for a certificate authorising an amusement hall or funfair.  Forms of entertainment other than gaming must be provided.  The Court may attach conditions limiting the hours during which gaming may be carried out, restricting the types of gaming, the extent of the particular kinds of gaming, amounts of stakes and prices.  The certificate shall specify the period in the year in which the licence is to be issued.

The application to Court is in a particular format.  28 days notice must be given to the local authority and An Garda Siochana.  Notice of the application must be published in a newspaper at least 14 days before the hearing.

In considering the application the Court has regard to:

• the character of the applicant or persons controlling at;
• the number of gaming licences already in force;
• the suitability of the premises and place proposed to be used;
• the class of persons likely to resort to it;
• the finds of gaming.

The Superintendent of An Garda Siochana and local authority may appear and others may appear and give evidence.  There is an appeal from the Circuit Court to the District Court in respect of refusal or the imposition of conditions.

The application for the gaming licence itself is made to the Revenue Commissioners. A tax clearance certificate is required. The relevant fee must be paid.

The licensee of a licensed amusement hall or funfair must display a notice giving details of the name and address of the licensee and conditions of the licence at or near the entrance.