Irish Horseracing Industry Act, 1994

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Course-betting permits and course-betting representative permits.

48.—(1) Subject to subsection (3), the Authority may grant to a licensed bookmaker a permit (“a course-betting permit”) authorising him to carry on, in person, at an authorised racecourse the business of bookmaking in respect of horse races held at an authorised racecourse and races or other events taking place elsewhere.

(2) The Authority may grant to an authorised bookmaker a permit (“a course-betting representative permit”) to carry on, in the absence of that authorised bookmaker, through an employee or agent (being a licensed bookmaker) specified in the permit the business of bookmaking as specified in subsection (1).

(3) A course-betting permit granted to a company of the Authority shall restrict the company on a racecourse to operate only from a betting office.

(4) The Authority may refuse an application for a permit under this section where it considers the applicant is not a fit or proper person to hold such a permit or the person to be specified in a course-betting representative permit is not a fit or proper person.

(5) An application for a permit under this section shall be in such form and contain such particulars as the Authority may from time to time require.

(6) The Authority may attach to a permit granted under this section such terms and conditions as it thinks fit and it may also, from time to time, attach further terms or conditions or vary the conditions to such a permit or remove any such terms or conditions.

(7) (a) The holder of a permit granted under this section shall comply with any terms or conditions attached to the permit.

(b) A person specified in a course-betting representative permit shall comply with any terms or conditions attached to the permit.

(8) A course-betting permit shall contain the name of the holder thereof.

(9) (a) The Authority may, where it feels it has reasonable grounds for so doing at any time, suspend for such time as it thinks fit or revoke a permit granted under this section.

(b) An authorised bookmaker who without reasonable cause fails or neglects to pay or credit to a person with whom he has a bet an amount due to that person shall have any permit granted to him suspended or revoked by the Authority.

(10) Where the Authority, in the exercise of its powers under this section, proposes to refuse an application for a permit under this section or to suspend or revoke a permit granted under this section it shall—

(a) inform the bookmaker concerned in writing of the proposal, and

(b) afford to him upon request, within 7 days after being so informed, an opportunity to make to it any written or oral representations in relation to the proposal and shall consider any such representations made to it.

(11) Where an application for a permit under this section is refused, or a permit granted under this section is suspended or revoked, notice of the refusal, suspension or revocation shall be served on the bookmaker concerned either personally or by prepaid registered post within the period of 7 days beginning on the day on which the Authority decides on the refusal, suspension or revocation.

(12) Subject to subsections (13) and (14), where a permit granted under this section is suspended or revoked, the suspension or revocation shall be expressed as coming into operation on a specified day which shall not be before the expiration of the period of 14 days beginning on the day on which the authority decides on the suspension or revocation.

(13) Where the suspension or revocation of a permit granted under this section is in respect of a failure or neglect to pay or credit to a person an amount due to the person by the bookmaker concerned in respect of a bet entered into by the person with the bookmaker, the permit shall be suspended or revoked immediately.

(14) Where—

(a) an appeal is taken under section 57 against the suspension or revocation of a permit granted under this section,

(b) the suspension or revocation is not in respect of a failure or neglect to pay or credit to a person an amount due to the person by the bookmaker concerned in respect of a bet entered into by the person with the bookmaker, and

(c) on the day on which the suspension or revocation is expressed as coming into operation, the appeal has not been withdrawn or determined,

the operation of the suspension or revocation shall stand suspended until (as may be appropriate) the appeal is withdrawn or determined by the Bookmakers Appeal Committee.

(15) A permit granted under this section shall be in force for such period not exceeding 3 years as the Authority may decide specified therein.

(16) Where an authorised bookmaker ceases to be a licensed bookmaker, or is the subject of an exclusion notice under section 62 , any permit granted to him under this section shall, for the purposes of this Act, cease to be in force.

(17) Where the person specified in a course-betting representative permit is the subject of an exclusion notice, or ceases to be a licensed bookmaker, the permit shall, for the purposes of this Act, cease to be in force.

(18) An authorised bookmaker who ceases to be a licensed bookmaker shall surrender to the Authority any permit granted to him under this section upon such cessation.

(19) The holder of a permit granted under this section or his employee or agent shall not wilfully alter such permit granted under this section and any such permit so altered shall cease to be in force.

(20) A course-betting permit granted under section 24 of the Act of 1945 which is in force immediately before the establishment day shall, on that day, continue in force as if granted under this section.

(21) (a) In this section “employee or agent” means—

(i) a spouse, parent, child, sibling, nephew or niece of the authorised bookmaker, or

(ii) a person who has been in the authorised bookmaker's continuous employment on any authorised racecourse for a period of not less than 5 years.

(b) The Authority may by regulations amend the definition in this subsection.