Gambling Regulation Act 2024

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Information and documentation to accompany application for gambling licence: general

96. (1) An application for a gambling licence under this Part shall be accompanied by the following information and documentation (in this Part referred to as the “relevant information and documentation”):

(a) the name of the proposed licensee, the address at which the proposed licensee ordinarily resides and of the principal office or place of business of the proposed licensee and, where the proposed licensee trades, or intends to trade, under a different name, that trading name or proposed trading name;

(b) where applicable, the name of each relevant officer and each beneficial owner of the proposed licensee, the address at which each relevant officer and each beneficial owner ordinarily resides and of the principal office or place of business of each relevant officer and beneficial owner;

(c) the address of the proposed licensee for the purpose of service of notices required to be served by or under this Act;

(d) such financial information as may be specified by the Authority;

(e) other than in the case of an application for a lottery licence for a once-off lottery under section 113 or for a gambling licence for a charitable or philanthropic purpose for a once-off activity under section 119 , a business plan in such form, and containing such information, as may be specified by the Authority;

(f) a declaration signed by the proposed licensee, or, where applicable, each relevant officer and each beneficial owner of the proposed licensee, as the case may be, that he or she is a fit and proper person to hold the licence concerned;

(g) where the proposed licensee or, where applicable, a relevant officer or beneficial owner of a proposed licensee, at any time applied for, or held, a licence or permit under the relevant Acts (within the meaning of section 97 ), the information specified in that section;

(h) where the application is for a Business to Consumer gambling licence under section 112 and the gambling activity sought to be licensed is proposed to be provided from one or more than one premises in the State—

(i) in the case of a premises that is not a relevant premises, the information and documentation specified in section 98 (1), and, in the case of a relevant premises, the name and address of the relevant premises concerned, and

(ii) subject to subsection (2), where it is proposed to permit children on the premises, the information specified in section 98 (2);

(i) subject to subsection (2), where the application is for a Business to Consumer gambling licence under section 112 and the gambling activity sought to be licensed is proposed to be provided from one or more than one premises in the State and it is proposed to provide an automated teller machine on the premises, the information and documentation specified in section 98 (3);

(j) where the application is for a gambling licence for a charitable or philanthropic purpose under section 118 or 119 and, in addition to providing a gambling activity for a charitable or philanthropic purpose from one or more premises in the State to a person who attends at the premises to participate in the activity—

(i) it is proposed to provide the activity off the premises through the licensee or another person where that other person is an employee, servant or agent of that licensee, a statement to that effect and the reasons why it is considered necessary, and

(ii) where it is proposed that an employee, servant or agent of that licensee may, for the purposes of subparagraph (i), include a child, the reasons for such inclusion;

(k) where the application is for a Business to Consumer gambling licence under section 112 where it is proposed to provide a gambling activity by remote means, the information and documentation specified in section 102 ;

(l) a statement in respect of the proposed licensee and, where applicable, each relevant officer and each beneficial owner of the proposed licensee, as the case may be of any conviction—

(i) for a relevant offence, and

(ii) of a body corporate for a relevant offence where he or she was, at the time of the offence, a relevant officer or beneficial owner of the body corporate;

(m) a statement in respect of the proposed licensee, and, where applicable, each relevant officer and each beneficial owner of the proposed licensee, as the case may be, as to whether there are any proceedings pending against him or her for a relevant offence;

(n) a statement in respect of the proposed licensee and, where applicable, each relevant officer and each beneficial owner of the proposed licensee, as the case may be, as to whether there has been—

(i) any finding, by a regulatory authority, court or tribunal outside the State, made against the proposed licensee, relevant officer or beneficial owner, of a contravention of a legal obligation imposed in a jurisdiction outside the State in respect of the conduct of gambling activities outside the State, and

(ii) any sanction (howsoever described) imposed as a result of the finding referred to in subparagraph (i);

(o) a statement in respect of the proposed licensee and, where applicable, each relevant officer and each beneficial owner of the proposed licensee, as the case may be, as to whether there are any proceedings pending against the proposed licensee, relevant officer or beneficial owner, before a regulatory authority, court or tribunal outside the State, in respect of a contravention of a legal obligation imposed in a jurisdiction outside the State in respect of the conduct of gambling activities outside the State;

(p) details of any gambling licence held, or previously held, by the proposed licensee and where applicable, each relevant officer and each beneficial owner of the proposed licensee;

(q) confirmation as to whether the proposed licensee, and, where applicable, each relevant officer and each beneficial owner of the proposed licensee, as the case may be, under the Pawnbrokers Act 1964 —

(i) is the holder of a pawnbroker’s licence (within the meaning of that Act), or

(ii) was refused a pawnbroker’s licence or held a pawnbroker’s licence which was suspended or revoked under that Act and, if so, the grounds for such refusal, suspension or revocation, as the case may be;

(r) confirmation as to whether the proposed licensee, and, where applicable, each relevant officer and each beneficial owner of the proposed licensee, as the case may be, under the Consumer Credit Act 1995 —

(i) holds a licence to act as a high cost credit provider, an authorisation to act as a credit intermediary or an authorisation to act as a mortgage intermediary (all within the meaning of that Act), or

(ii) was refused a licence or authorisation referred to in subparagraph (i) or held such a licence or authorisation that was suspended, revoked or the terms or conditions of which were varied under that Act and, if so, the grounds for such refusal, suspension, revocation or variation, as the case may be;

(s) where applicable, a statement confirming that the proposed licensee, a relevant officer or a beneficial owner of a proposed licensee, is or was a relevant officer of a body corporate to whom subparagraph (i) or (ii) of paragraph (q) or subparagraph (i) or (ii) of paragraph (r) applies or applied;

(t) confirmation as to whether the proposed licensee, and, where applicable, each relevant officer and each beneficial owner of the proposed licensee, as the case may be, under the Act of 2010—

(i) was refused an authorisation (within the meaning of section 84 of that Act) or held an authorisation that was revoked under Chapter 9 of Part 4 of that Act and if so, the grounds for such refusal or revocation, as the case may be, or

(ii) is or was an individual referred to in section 109A(1) of that Act who was refused a certificate of fitness (within the meaning of that section) under that Act and if so, the grounds for such refusal;

(u) confirmation that the proposed licensee, and, where applicable, each relevant officer and each beneficial owner of the proposed licensee, as the case may be, is not an undischarged bankrupt or, at the time of application, subject to a composition or arrangement with his or her creditors;

(v) the relevant consents;

(w) a tax clearance certificate in force in respect of the proposed licensee and, where applicable, each relevant officer and each beneficial owner of the proposed licensee;

(x) such supporting documentary and other evidence as the Authority may request to enable it—

(i) to verify the information contained in the application and the matters referred to in this section, and

(ii) to consider the application in accordance with this Part.

(2) Paragraph (h)(ii) or paragraph (i) of subsection (1) shall, in the case of a relevant premises, only apply where the application for the gambling licence concerned is made by Rásaíocht Con Eireann or Horse Racing Ireland or a company or subsidiary of Horse Racing Ireland and the premises concerned is a relevant premises.