Gambling Control Bill 2013 to issue shortly
By Caroline Browne, Partner
A new Bill to regularise Casinos and gambling establishments in Ireland should issue shortly.
The Cabinet, on the 9th July 2013, agreed to the general scheme of the Gambling Control Bill 2013 which should be published by the end of this week or next week. This Bill should seek to tighten the current legislation regarding the location and size of gambling establishments and the type of gambling allowed.
Historically, the issue of casinos and their legalisation has been a controversial one in Ireland. Currently, casino gaming is prohibited by section 4(1) of the Gaming & Lotteries Act 1956, as amended. A result of which casinos cannot be licensed. Nevertheless, you will be aware that there are numerous private members clubs offering, casino gaming facilities. Prosecutions for breaches of section 4(1) by the Gardaí against private clubs for unlawful gaming have been unsuccessful. Private clubs have been relying on certain ambiguities in the present law and have been replying on section 4(3) which states that
“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 players, and
(c) the promoter derives no personal profit from the promotion of the game”.
The result of this section is that private clubs have been operating despite having no licence. The Bill will be looking to address this matter and that only casinos holding a licence under the new law will be permitted to operate.
