Gambling Regulation Act 2024

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Determination by Authority of application for gambling licence for charitable or philanthropic purpose

120. (1) Subject to subsections (2), (3) and (4), the Authority shall grant a gambling licence for a charitable or philanthropic purpose sought under section 118 or 119 , as the case may be—

(a) where it is satisfied—

(i) the application complies with the requirements of the section concerned,

(ii) the conditions referred to in section 118 (2) have been complied with in respect of the proposed licensee,

(iii) the financial information furnished with the application demonstrates—

(I) the capacity of the proposed licensee to provide the gambling activity or activities sought to be licensed and to fund any winnings, and

(II) that the winnings will be funded from lawful activities,

and

(iv) the proposed licensee, and, where applicable, each relevant officer and each beneficial owner, is a fit and proper person to hold the gambling licence concerned,

and

(b) where applicable, it has received such fee as may be prescribed by the Authority under section 38 .

(2) Where subparagraphs (i) or (ii), or both, of section 96 (1)(j) apply in respect of an application made under section 118 or 119 , the Authority shall, at the same time as granting a licence under subsection (1), having regard to the reasons specified under section 96 (1)(j) and any further information obtained under section 105 (6), make a determination—

(a) as to whether the relevant activity for a charitable or philanthropic purpose can be provided off the premises through the licensee or another person where that other person is an employee, servant or agent of that licensee, and

(b) where applicable, as to whether children are permitted to act as an employee, servant or agent of the licensee.

(3) A gambling licence granted under this section—

(a) shall specify the relevant gambling activity for a charitable or philanthropic purpose, including the event, series of events or class of events in respect of which the person may provide pool betting, that may be provided pursuant to the licence,

(b) shall specify where the relevant gambling activity referred to in paragraph (a) may be provided—

(i) from one or more premises in the State to a person who attends at the premises to participate in the activity,

(ii) from one or more premises in the State to a person who attends at the premises to participate in the activity and off the premises through the licensee or another person where that other person is an employee, servant or agent of that licensee,

(iii) by remote means, or

(iv) in the manner specified in subparagraphs (i) and (iii) or subparagraphs (ii) and (iii),

(c) where applicable, shall specify that children are permitted to act as an employee, servant or agent of the licensee for the purpose of providing a relevant gambling activity for a charitable or philanthropic purpose, referred to in paragraph (a), off the premises, and

(d) is granted subject to the conditions that apply to the licence concerned in accordance with Chapter 9.

(4) The Authority shall refuse to grant a gambling licence under this section—

(a) where it is not, in accordance with paragraphs (a) and (b) of subsection (1), satisfied of any matter referred to in either of those paragraphs, or

(b) it has not received the fee prescribed by the Authority under section 38 .

(5) Where the Authority makes a decision under this section to refuse to grant a licence, it shall notify the person who made the application under section 118 or 119 , as the case may be, and, if different, the proposed licensee within 14 days of the date of the decision.

(6) A notice under subsection (5) shall state—

(a) the reasons for the decision,

(b) that the proposed licensee is entitled to appeal against the decision of the Authority in accordance with Part 9 , and

(c) the period within which such an appeal may be brought in accordance with that Part.