Faisnéis eagraíochta
Information for Licensees
Ó Gambling Regulatory Authority of Ireland
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Gambling Regulatory Authority of Ireland
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
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The Gambling Regulatory Authority of Ireland will be an independent organisation. The legislation underpinning the Authority follows best practice as seen across other European states, following close engagement between the Department of Justice and our European counterparts.
The CEO designate is committed to a regulatory regime that is independent, fit for purpose, and fair. Recognising that the majority of operators act professionally, nevertheless, the Authority will not be found wanting in implementing sanctions against licensees who do not operate in accordance with the law.
The licensing framework provided for in the Bill streamlines and simplifies the current regulatory and legislative approach. A horizontal licensing model will be adopted which reflects the nature of gambling in Ireland which consists of gambling, betting and lotteries. The Authority will also regulate and license gambling activities for charitable and philanthropic purposes.
The Authority will authorise types of gambling, betting and lottery activities that can be provided under a licence. If an activity has not been authorised, that activity cannot be provided by a licence holder.
In considering whether to grant a new gambling licence, the Authority will have to be satisfied that the applicant is a fit a proper person to hold a licence and shall consider an applicant’s compliance with the existing legislative framework regulating the provision of gambling activities. Furthermore, when considering an application to renew a licence, the Authority shall consider an applicant’s compliance with the licensing regime provided for under this Bill.
The Gambling Regulator will specify and charge fees relating to applications for licences. The Authority will also have the power to impose a charge on licensees to fund the operational costs of the Authority. The charge will be payable by licensees in respect of different gambling licenses for the relevant financial period. Licensees, other than a licensee for a charitable and philanthropic purpose shall pay an annual contribution to the Authority’s Social Impact Fund.
The Gambling Regulation Bill sets out how the Authority will calculate these charges (Section 39), fees (Section 36) and contributions to the Social Impact Fund (Section 52).
Policy matters on the collection of any taxes, duties and their distribution is not within the remit of the Authority or the legislation. The Department of Justice, the Department of Finance and the Office of the Revenue Commissioners will work on transitional arrangements to ensure compatibility with the licensing and excise regimes to ensure fair and equitable systems.
Excise arrangements for licensees are a policy matter for the Department of Finance. Transitional arrangements as well as the consequential impact on Finance legislation are being worked on and more details will be announced as the legislation progresses.
Safeguarding the public, in particular children, is central to the work of the Authority. The Bill includes safeguards to expressly protect and prohibit children from participating in gambling, accessing premises where gambling activities are offered or being employed in connection to gambling services and activities.
A person that breaches any of these prohibitions in relation to protecting children as provides for in the legislation, will be guilty of an offence and liable, on conviction, to up to 8 years imprisonment and / or a fine at the discretion of the courts.
The legislation provides for the establishment and operation of a National Gambling Exclusion Register by the Authority. The Register will be software based and remote licensees will be legally bound to comply with the terms of the Register, ensuring that their IT systems and software are compatible and can interact with the Authority’s systems as a requirement of holding a licence.
Where a person applies to be, and is entered on the Register, a licensee may not allow that person to gamble, accept a payment for gambling from a person on the Register, or communicate with a person on the Register in a manner that would encourage them to gamble or that promotes gambling. Breaches of any of these prohibitions will be an offence and will be liable on conviction to up to 5 years imprisonment and / or a fine at the discretion of the courts.
The Bill also provides that the operation of the Register shall not affect any exclusion schemes operated by licensees.
The Bill prohibits advertising portraying gambling as attractive to children and any advertising that promotes excessive or compulsive gambling or seeks to misrepresent any perceived social or financial benefits of gambling.
To address the proliferation of gambling advertising on social media in particular, such advertising will be prohibited by default. A person may only receive gambling advertising where they opt in to receiving it on an on-demand or media sharing platform or in the case of social media, only where a person subscribes to the licensee on a specific social media platform.
Gambling advertising must be clearly identifiable, and the Bill sets out what information must be included in advertisements.
The Bill provides for a watershed prohibiting the broadcast of gambling advertising on television, radio and on-demand audio-visual services between the hours of 5:30am and 9:00pm. In addition the Bill provides for a wide ranging power to allow the Authority to prescribe the times, place and events where gambling advertising can be broadcast, displayed or published, and allows the Authority to specify the frequency which advertising can be broadcast, the duration of advertisements, and the volume / amount of advertisements that can be shown.
This power will allow the Authority to address the issue of gambling advertising on social media, online and on traditional media such as on television, radio, in publications and outdoor advertising such as billboards etc.
The purpose of the Social Impact Fund is to finance research and related initiatives to reduce and eliminate compulsive and excessive gambling, to support awareness–raising and educational measures and to support problem gambling treatment activities (by relevant health professionals).
The Social Impact Fund is separate and distinct from existing programmes run by individual licensees on a voluntary basis. It has a statutory basis and will not replace or interfere with the continuance of any existing programmes run by individual licensees.
The Social Impact Fund will be funded by mandatory contributions, calculated annually based on each licensee’s turnover. Contributions will not be levied on charitable/philanthropic licensees.
The Authority will have appropriate powers to monitor compliance, request information investigate, and enforce compliance. The Bill provides for prosecution of a range of offences and for the imposition of a range of appropriate penalties in respect of non-compliance.
An independent system of adjudication is also provided for in relation to consideration of contravention of obligations by licensees. Where a licensee is found in breach of their obligations, one or more administrative sanctions may be imposed on the licensee.
An “administrative sanction” means one or more of the following:
The Authority will have the power to bring summary prosecutions. Prosecutions under indictment for a range of relevant offences are also provided for under this Bill.
An independent appeals system will be established whereby licensees can appeal any sanctions imposed by the Authority.
Underlying the Authority’s robust enforcement powers is the promotion of public safety and the deterrence of non-compliance, particularly where there is a possibility of criminality, in order to provide a fairer, safer and more transparent area of activity for providers and the public.
The Gambling Regulation Bill 2022 outlines the full range of legislative powers vested in the Authority to establish a robust regulatory and licensing regime for the gambling sector.