Betting (Amendment) Act 2015

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Appeal from refusal of certificate of personal fitness or certificate of suitability of premises

20. The Principal Act is amended by the substitution of the following section for section 13:

“13. (1) If the Minister for Justice and Equality or a Superintendent of the Garda Síochána refuses an application for a certificate of personal fitness, that Minister of the Government or the Superintendent of the Garda Síochána, as the case may be, shall, on the request in writing of the applicant for the certificate made not later than 14 days after the refusal, give the applicant a statement in writing of the reasons for the refusal.

(2) If a Superintendent of the Garda Síochána refuses an application for a certificate of suitability of premises, he shall, on the request in writing of the applicant for the certificate made not later than 14 days after the refusal, give the applicant a statement in writing of the reasons for the refusal.

(3) A person to whom a certificate of personal fitness or a certificate of suitability of premises has been refused may, not later than 14 days after receiving a statement in writing under subsection (1) or (2), appeal the refusal to the District Court.

(4) A person who brings an appeal under this section shall, in such manner and within such period as may be prescribed—

(a) give notice of the appeal to the Revenue Commissioners, and

(b) give such notice—

(i) in the case of a refusal referred to in subsection (1), to the Minister for Justice and Equality or the Superintendent of the Garda Síochána concerned, as the case may be, and

(ii) in the case of a refusal referred to in subsection (2), to the Superintendent of the Garda Síochána concerned.

(5) The District Court may, upon an appeal under this section, either—

(a) affirm the refusal, or

(b) grant the appeal and direct—

(i) in the case of an appeal against a refusal referred to in subsection (1), the Minister for Justice and Equality or the Superintendent of the Garda Síochána concerned, as the case may be, to issue a certificate of personal fitness to the appellant, or

(ii) in the case of an appeal against a refusal referred to in subsection (2), the Superintendent of the Garda Síochána concerned to issue a certificate of suitability of premises to the appellant.

(6) The Minister for Justice and Equality or the Superintendent of the Garda Síochána concerned, as may be appropriate, shall comply with a direction of the District Court under this section not later than 3 days after the giving of the direction.

(7) Section 27 of the Inland Revenue Regulation Act 1890 shall apply to proceedings under this section as it applies to proceedings relating to inland revenue.

(8) The respondent in an appeal under this section shall not be entitled to advance as a reason for opposing an appeal under this section a reason not specified in a statement of the reasons for a refusal given to the appellant pursuant to a request under subsection (1) or (2).

(9) If the District Court affirms a refusal under paragraph (a) of subsection (5), it may also make an order requiring the appellant to pay the costs incurred by the respondent in defending the appeal and may determine the amount of such costs.

(10) There shall be no appeal to the Circuit Court from a decision of the District Court under this section.

(11) An appeal under this section by a person not ordinarily resident in the State shall be brought before a judge of the District Court assigned to the Dublin Metropolitan District.

(12) (a) A Superintendent of the Garda Síochána shall, as soon as may be after the making of a decision by the District Court in relation to an appeal against a refusal by him to issue a certificate of personal fitness or a certificate of suitability of premises, notify the Revenue Commissioners in writing of that decision.

(b) The Minister for Justice and Equality shall, as soon as may be after the making of a decision by the District Court in relation to an appeal against a refusal by that Minister of the Government to issue a certificate of personal fitness, notify the Revenue Commissioners in writing of that decision.”.