• Ireland Gambling Authority
• Ireland Gambling License Application
• Ireland Online Gambling License
• Ireland Gambling License Renewal
• Ireland Gambling License Requirements
• Ireland Gambling License Online

Speedread

Barry Grant, chief executive of Problem Gambling Ireland, noted in a blog post this week that it was the fifth anniversary of the heads of a new gambling control being published, which he said was.

• The online gambling industry became legalised in Ireland with the passing of the Betting (Amendment) Act in 2015. Before the passage of this piece of legislation, all forms of gambling were governed by the terms of two laws: The Betting Act of 1931 The Gaming and Lotteries Act of 1956.
• Online gambling is regulated in Ireland by the department for Justice and Peace; however, although online gambling licences were issued way back in 2003, the Irish government only recently approved the Gambling control bill in 2013, which outlined the different categories for several gambling types.
• The Gaming and Lotteries (Amendment) Act 2019 (the 2019 Act) makes a number of changes to the licensing regime for gaming and lotteries. This legislation is an interim measure, pending broader legal reform for the Irish gambling industry.

New legislation to amend Irish law on gaming and lotteries has recently been enacted and is expected to be commenced shortly. The Gaming and Lotteries (Amendment) Act 2019 (the 2019 Act) makes a number of changes to the licensing regime for gaming and lotteries. This legislation is an interim measure, pending broader legal reform for the Irish gambling industry.

The broader reform is anticipated in the next one/two years – although it has recently been suggested than an independent regulator, with up to 120 staff, could be established in 'sleep mode' as early as this year. However, with a possible change of government after an early February election, the timing of these measures could be affected.

This update provides a brief summary of the changes under the 2019 Act and anticipated future reforms. Gaming and lottery operators should seek specific advice on the implications of the 2019 Act for their business.

Key highlights

• Once the legislation is commenced, it will be an offence to offer gaming without either a police permit or a licence from the Irish Revenue Commissioners.
• This new offence caused concern for operators of private members clubs while the draft legislation was going through parliament. Many clubs made submissions to government outlining their concerns. Despite reassurances from the Minister that private members clubs are not affected by the new legislation, at least one club announced that it had decided to cease operating because of the new legislation.
• One of the more significant changes under the 2019 Act is the increase in stakes and prize limits for gaming machines. Once the Act is commenced, gaming machine operators will be able to offer stakes of up to €5 and prizes of up to €500 per game. These limits were reduced from €10 and €750 in the original draft legislation due to concerns that there were no limits on the number of games that could be played. While the limits are still likely to be considered low by operators, it's a significant increase on the limits of 3c for stakes, and 50c for prizes, as set out in the original Gaming and Lotteries Act 1956.
• There are also material changes for lotteries. The 2019 Act retains the current system of lottery 'permits' and 'licences', but introduces some substantive changes to the conditions applying to these. The existing exception for 'private lotteries' is repealed, but certain low value charitable lotteries and lottery-based marketing promotions will no longer require a licence or a permit.
• Alongside changes to the licensing regime, the 2019 Act will introduce an age limit of 18 for all gaming and lottery activities, as well as for tote betting (consistent with the current position on betting with a licensed bookmaker). It will also significantly increase the penalties for breaching the legislation.

Analysis

New form of gaming permit

The 2019 Act will repeal the previous prohibition on promoting or facilitating 'unlawful gaming'. Instead this will be replaced with a restriction on promoting gaming which is not carried out under either a new form of 'gaming permit', or a 'gaming licence' (for gaming machines).

The new 'gaming permits' will be issued by the Gardaí (Irish police). The maximum stake allowed under a gaming permit will be €10 per player, and the prize limit per player will be capped at €3,000 (including where they play multiple games or more than one game at the same time).

Gaming permits are likely to be of limited use to operators as they can only be issued for games where '…the chances of all players, including the banker, are equal'. This would appear to rule out most traditional forms of casino gaming. The decision as whether or not a particular game is one in which the chances of all the players, including the banker, are equal, appears to be left to the police superintendent under the 2019 Act. There is a risk that this could lead to different decisions being taken in different districts, though operators have a right to appeal a refusal of a permit to the District Court.

The 2019 Act also expressly provides that gaming machines won't be allowed on a premises with a 'gaming permit'.

Changes to gaming licences for amusement halls and funfairs

The 2019 Act will also increase the permitted stakes and prizes for gaming machines from 3c to €5 for stakes and 50c to €500 for prizes per game respectively. Gaming machines can only be operated in licensed amusement halls or funfairs under a gaming licence, and only in areas where the local authority allows licensed amusement halls or funfairs. There were calls for the powers granted to local authorities to be repealed under the 2019 Act but these were resisted by government.

The 2019 Act will also allow the District Court to attach additional conditions on opening times and on the types of gaming permitted under a gaming licence.

New regime for lotteries

In summary, the 2019 Act recognises four categories of lotteries as follows:

(a) Lotteries for charitable or philanthropic purposes

No licence or permit will be needed for lotteries held for charitable or philanthropic purposes, where the promoter makes no personal gain. The total value of the prizes cannot exceed €1,000 and the ticket price must not be more than €5. A maximum of 1,500 tickets can be sold and this exemption can only be availed of once every three months.

(b) Marketing promotions

Likewise, lotteries which are part of a marketing promotion will no longer need a licence or a permit.

(c) Lottery permit

Lottery permits will continue to be granted by the Gardaí but a new extended notice period of 60 days will apply to these applications. The maximum prize limit remains at €5,000 and the cost of the lottery ticket cannot exceed €10.

The 2019 Act will allow holders of lottery permits to promote the lottery for their own benefit – this is a change from the existing position whereby a lottery permit holder cannot personally profit at all from a lottery.

Where the lottery is held to raise funds for a charitable organisation, the permit holder can only retain up to 5% of the proceeds.

(d) Lottery licence

Lottery licences continue to be granted by the District Court but the notice period for bringing an application is extended to 60 days. The weekly prize limit of €30,000 will be retained, with an additional cap of €360,000 for a once off annual lottery.

As regards the distribution of lottery proceeds, the 2019 Act introduces a number of new thresholds:

• Only 25% of the lottery proceeds can be retained by the licence holder and used for the expenses of promotion, including commission
• A maximum of 75% of the total proceeds can be allocated to prizes
• A minimum of 25% of the total proceeds must be allocated to a charitable or philanthropic purpose

New age limits

The 2019 Act will introduce a minimum age limit of 18 (up from 16) for all gaming and lottery activities, consistent with the position on betting with a licensed bookmaker. It will also amend the Totalisator Act 1929 requiring a minimum age of 18 for betting with the Tote.

Accepting a stake from anyone under 18 will be an offence. It will, however, be a defence for a holder to prove that they had a reasonable belief that the minor was over 18.

Updated penalties and sanctions

The 2019 Act will introduce a raft of new penalties and sanctions. Individuals and corporate entities found guilty under the 2019 Act may be subject to fines of up to €5,000, and/or six months imprisonment on a summary conviction. Fines of up to €50,000 and/or two years imprisonment will apply to more serious offences, prosecuted on indictment. Operators convicted of an offence under the 2019 Act, will also face potential revocation of any gaming or lottery licence or permit awarded to them.

Broader reform agenda

The 2019 Act has been described by David Stanton, the Minister with responsibility for the 2019 Act, as an interim measure, pending broader reform of Irish gambling law. In March 2019, a report recommending reforms to Irish gambling law was published by a government established interdepartmental working group.

On foot of this report, it is anticipated that a new Scheme for a Gambling Control Bill will be published at some point in 2020, although the general election scheduled for early February could impact on that timing. The Scheme, which will be followed by a draft Gambling Control Bill, is expected to overhaul – and modernise – Irish gambling law by introducing a suite of new licensing and regulatory measures for all gambling activities, including both land-based and online activities.

A key recommendation in the report is the establishment of a new independent regulator for the industry. In a recent media interview, Minister Stanton, indicated that the government is considering establishing this new regulator in 'sleep mode' by the end of 2020 with a view to it going live in 2021. He said that the new regulator will be self-financing and will need around 120 staff members. This reflects a serious intent on the part of the government to press ahead with legislative reform in this section.

For more information please contact any member of A&L Goodbody's Betting, Gaming & Licensing team.

Date published: 31 January 2020

The gambling laws in Ireland can be confusing simply because of the changes that have taken place over the last 10 years within the regulatory structure of the Irish gambling industry. While all of these changes may be hard to keep up with, they demonstrate Ireland’s commitment to remaining relevant and keeping pace in a thriving, technology driven industry that will not withstand an outdated set of statutes or laws.

This page was developed by experienced gambling industry professionals who have an insightful and thorough understanding of legal online gambling in Ireland. They are not lawyers however, and do not provide legal advice or professional legal services of any kind. If you are seeking legal advice concerning gambling in Ireland, we suggest you contact an attorney who specializes in gambling laws.

Gambling Laws in Ireland

Ireland Gambling Authority

Regulated gambling in Ireland began taking shape in the mid 1800s with the Betting Act of 1854, and has very slowly evolved into the more modern regulatory structure you see now. Ireland’s lawmaker have worked hard to get their legal status up to par with the current gambling industry environment that is present world wide. It may have taken some time for this to happen, and it may not yet be perfect, but it certainly is getting better and better, with the changes clearly resonating the nation’s interest in establishing itself as a significant presence in the global gambling market. This page will take a look at relevant gambling laws broken down by betting venue.

Casino Gambling Laws in Ireland

Ireland Gambling License Application

Before 1956, there was not much regulatory oversight concerning most forms of gambling in Ireland. Casino gambling was finally addressed through the Gaming and Lotteries Act of 1956. The law prohibits commercial casinos from operating in Ireland. A loophole in the law has driven innovative business owners to establish members only gambling clubs, which are not prohibited in Ireland. These clubs are essentially mini-casinos that provide various casino games, including slots, video poker, poker games and blackjack, among other games. There are approximately 14 of these destinations in Ireland at the time of this writing, and they require a membership in order to participate. Most of them are known as clubs, but a few are actually called casinos. Playing casino games for real money at these clubs does not violate the Gaming and Lotteries Act of 1956.

An effort was recently made to legalize casino gambling in Ireland and provide a regulatory infrastructure for playing casino games for real money on a large scale. The Gambling Control Bill of 2013, authored by Alan Shatter, has not yet been passed by Parliament. If passed, the bill will allow up to 40 legal land based casinos with up to 15 tables each. The bill also included provisions for regulating and expanding the casino, poker and bingo industry both online and offline. There is no estimate of when the passage of this bill may take place.

Online Casino Gambling Laws in Ireland

Online casino gambling is also legal in Ireland. Ireland’s gambling laws have specifically made it legal for citizens to engage in licensed and regulated offshore gambling as well as licensed domestic online gambling. Online casino gambling really emerged in 2001, but it wasn’t until 2003 that Ireland really embraced the concept more fully and began integrating locally licensed interactive betting into their gambling market. Currently both locally licensed and licensed offshore online casino gambling is legal for Irish citizens to enjoy. You can visit our page covering Ireland online casinos to learn more about the leading online casino destinations that welcome Irish players.

Poker Laws In Ireland

Live poker is legally available through several of the various gambling clubs located in Ireland. Since most forms of gambling are prohibited through the Gaming and Lotteries Act of 1956, including commercial casinos and poker rooms, punters are limited to one of the 14 gambling clubs located in Ireland if they are seeking live poker action. These destinations offer live poker games, just not on a very large scale in most cases. Due to the limits of land based poker in Ireland, many players have elected to engage in the further reaching legal online poker options afforded to Irish players.

The Irish Open Poker Tournament is Europe’s largest poker tournament, and the second longest running No Limit Texas Holdem tournament in the world. This is a strong indication of the following poker holds in the gambling industry in Ireland. Poker is undeniably a significant presence in the fabric of Irish gambling entertainment.

Laws About Playing Online Poker In Ireland

Like the casino niche, poker is legally available online through both domestically licensed and offshore licensed online poker rooms. You will find a listing of the online poker sites that our analysts have vetted and approved as premium, Irish online poker rooms. Each of them is legally licensed and regulated through either the Republic of Ireland or a respected governing jurisdiction located offshore.

Sports Betting Laws in Ireland

Bookmaking and pari-mutuel wagering have the longest standing history in Ireland. This being the case, the nation’s earliest gambling laws were focused on these venues. The Betting Act of 1931 regulated all sports betting activities until 2015. Bookmaking has been and continues to be the most popular form of gambling among Irish citizens. This 1931 law has finally been updated with recent legislation that is more relevant to modern bookmaking entertainment, known as the Betting (Amendment) Act of 2015. This Act was signed into law in 2015, and was enacted to establish a means for offshore sportsbooks and betting exchanges to become integrated into Irish licensing policies and taxation requirements. The law effectively alters standard bookmaking licensing to also include limited remote betting with revenue restrictions. This bill had made it illegal for online betting businesses to offer their services to Irish citizens without first acquiring a remote bookmaker or betting intermediary license. Specific licensing requirements and procedures are established in the Betting (Amendment) Act 2015.

Learn more in our Ireland sports betting section.

Pari-Mutuel Wagering Laws

Pari-mutuel wagering has long been a part of Ireland’s gambling culture, well before regulated gambling took shape in the nation. The most current legislation related to racing is the Horse and Greyhound Racing Act 2001. This law created Horse Racing Ireland (HRI) to oversee the administration, development and regulation of the industry. The law also dissolved the Irish Horse Racing Authority, while effectively amending and extending the Horseracing Industry Act of 1994, the Greyhound Industry Act of 1958 and the Betting Act of 1931. Irish citizens can bet on horse races both online and offline from domestically licensed racetracks and bookmakers as well as online at legally licensed offshore sportsbooks.

Bingo Laws And Regulations In Ireland

The Gaming and Lotteries Act of 1956 prohibits commercial bingo halls and bingo games for real money outside of licensed charitable gambling events. That being said, bingo proprietors simply use the same loophole as do the casino and poker gambling venues, and have proceeded to establish multiple bingo gambling clubs. These clubs offer a bingo hall environment and the opportunity to play bingo for real money.

As an alternative, there are a number of legally sanctioned, high quality online bingo opportunities available to Irish punters offered through both domestically based and international bingo sites. The bingo sites you see mentioned in our guide to understanding Legal Bingo Gambling Options in Ireland will provide you with a refined listing of the industry’s leading online bingo sites that are legally licensed and regulated, and that accept players from Ireland.

Ireland Online Gambling License

Lottery Laws In IE

The nation’s lottery industry was created through the National Lottery Act of 1986, and was established for the purpose of raising funds for good causes. Operations for the National Lottery began in 1987 with scratchcard games, followed by the Lotto game in 1988. You can play three types of drawing games in Ireland, including Lotto, EuroMillions and Daily Million. The National Lottery also funds televised bingo and games shows, sells scratchcards and operates Millionaire Raffles.

Fast forward to today’s technological age and we see Ireland’s legal lottery industry enact the National Lottery Act of 2013. This law was established to facilitate the sale of the National Lottery License to a third party. This was driven by financial hardships experienced by the Republic of Ireland, and provided swift financial relief for them. In addition, the law eliminated restrictions on interactive gambling in order to foster the online sale of lottery tickets. A portion of the sale from the national lottery license was used to assist in the building of a national children’s hospital.

Ireland Gambling License Renewal

Recent Gambling Legislation In Ireland

Ireland Gambling License Requirements

The gambling markets in Ireland and around the world are consistently evolving, particularly with the integration of online betting into the gambling entertainment industry. Here we will take a look at recent or pending legislation that is becoming a part of the regulatory framework of Irish gambling laws.

Ireland Gambling License Online

Courts & Civil Liabilities (Miscellaneous Provisions) 2017

The Irish Cabinet recently approved new legislation that would amend a few things with the current gambling law. The Courts and Civil Liabilities (Miscellaneous Provisions) bill is modernizing the Gaming and Lotteries Act of 1956. The bill raises the legal gambling age from 16 to 18. The current legislation permits 16-year-olds to enter establishments like carnivals and amusement halls with slot machines, funfairs or sports betting events. The new bill also raises the stakes and prize pot limits of local lotteries. The standing legislation requires lotteries of up to €5,000 to obtain a permit from a Garda superintendent and lotteries with prizes up to €30,000 to get a license from the District Court. As things stand now, Parliament is aiming to have this legislation voted on and approved by the end of the year.