Betting (Amendment) Act 2015
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Grounds for refusal or revocation of certificate of personal fitness | ||
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12. The Principal Act is amended by the substitution of the following section for section 6: | ||
“6. (1) For the purposes of this Act, a relevant consideration exists, in relation to an applicant for a certificate of personal fitness, if— | ||
(a) the applicant, or a body corporate of which the applicant is a relevant officer, stands convicted of an offence under— | ||
(i) this Act, | ||
(ii) an Act relating to excise duty on betting, | ||
(iii) the Gaming and Lotteries Acts 1956 to 2013, | ||
(iv) section 1078 of the Taxes Consolidation Act 1997 , | ||
(v) the Criminal Justice (Theft and Fraud Offences) Act 2001 , or | ||
(vi) the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 , | ||
(b) the applicant, or a body corporate of which the applicant is a relevant officer, stands convicted of an offence under the law of a place (other than the State)— | ||
(i) consisting of an act or omission that, if committed in the State, would constitute an offence referred to in paragraph (a), or | ||
(ii) relating to the conduct of gambling, | ||
(c) any body corporate of which the applicant was at any time a relevant officer stands convicted of an offence referred to in paragraph (a) or (b) and committed that offence while the applicant was such relevant officer, | ||
(d) a body corporate that has been dissolved, and of which the applicant was at any time a relevant officer, stood convicted of an offence referred to in paragraph (a) or (b) immediately before the body corporate’s dissolution and was so convicted while the applicant was such relevant officer, | ||
(e) a licence or certificate of personal fitness under this Act previously held by the applicant, or a body corporate of which the applicant was a relevant officer, was revoked, | ||
(f) the applicant was previously refused a certificate of personal fitness and either— | ||
(i) the applicant did not appeal the refusal, or | ||
(ii) on appeal to the District Court, the refusal was affirmed, | ||
(g) a certificate of personal fitness formerly held by the applicant was revoked and either— | ||
(i) the applicant did not appeal the revocation, or | ||
(ii) on appeal to the District Court, the revocation was affirmed, | ||
(h) in the case of an applicant who holds or formerly held a bookmaker’s licence, the applicant— | ||
(i) unreasonably refuses or refused to pay sums due to persons who won bets made with the applicant, or | ||
(ii) conducted the business of bookmaking in a disorderly manner or in such a manner as to cause or encourage persons to congregate and loiter in or outside the premises where the business was conducted or had permitted persons to loiter in those premises, | ||
(i) in the case of an applicant who holds or formerly held a remote bookmaker’s licence, the applicant unreasonably refuses or refused to pay sums due to persons who won bets made with the applicant, | ||
(j) in the case of an applicant who holds or formerly held a remote betting intermediary’s licence, the applicant unreasonably refuses or refused to pay sums due to persons who won bets made by means of facilities provided by the applicant, | ||
(k) any body corporate that holds or formerly held a bookmaker’s licence— | ||
(i) unreasonably refused to pay sums due to persons who won bets made with the body corporate, or | ||
(ii) conducted the business of bookmaking in a disorderly manner or in such a manner as to cause or encourage persons to congregate and loiter in or outside the premises where the business was conducted or had permitted persons to loiter in those premises, | ||
while the applicant was a relevant officer of the body corporate, | ||
(l) any body corporate that holds or formerly held a remote bookmaker’s licence unreasonably refused to pay sums due to persons who won bets made with the body corporate while the applicant was a relevant officer of the body corporate, | ||
(m) any body corporate that holds or formerly held a remote betting intermediary’s licence, unreasonably refused to pay sums due to persons who won bets made by means of facilities provided by the body corporate while the applicant was a relevant officer of the body corporate, | ||
(n) the applicant is the holder of a pawnbroker’s licence or is a registered moneylender, or is a relevant officer of a body corporate that holds a pawnbroker’s licence or is a registered moneylender, | ||
(o) the applicant is not a fit and proper person for the purposes of Chapter 9 of Part 4 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 . | ||
(2) References in this section to applicant or applicant for a certificate of personal fitness shall be construed as including references to holder of a certificate of personal fitness.”. |