Gambling Regulation Act 2024
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Renewal of gambling licence for charitable or philanthropic purpose | ||
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121. (1) Subject to subsections (2), (3) and (4), the Authority shall renew a gambling licence for a charitable or philanthropic purpose, other than a licence for a charitable or philanthropic purpose for a once-off gaming, betting or lottery activity, on application to it in that behalf by the licensee of the licence where— | ||
(a) the application is made within such period, before the expiry of the licence concerned, as is specified by the Authority, | ||
(b) the application is in such form as may be specified by the Authority, | ||
(c) the licensee continues to comply with section 118 (2)(a), | ||
(d) the application contains the information referred to in section 118 (3), and | ||
(e) the application is accompanied by— | ||
(i) the undertaking referred to in section 118 (2)(b), | ||
(ii) the updated relevant information and documentation, and | ||
(iii) where applicable, such fee as may be prescribed by the Authority under section 38 . | ||
(2) Where paragraphs (g) or (h), or both, of section 104 (1) apply in respect of an application made under subsection (1), the Authority shall, at the same time as renewing a licence under that subsection, having regard to the reasons specified under paragraphs (g) or (h), or both, of section 104 (1) as the case may be, and any further information obtained under section 105 (6), make a determination— | ||
(a) as to whether the relevant gambling 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 renewed 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 renewed subject to the conditions which apply to the licence concerned in accordance with Chapter 9. | ||
(4) The Authority shall refuse to renew a licence where— | ||
(a) subject to subsection (8), paragraphs (a) to (e) of subsection (1) have not been complied with, | ||
(b) it is no longer satisfied as to any of the matters set out in subparagraphs (ii) to (iv) of section 120 (1)(a), or | ||
(c) where applicable, it has not received the fee prescribed by the Authority under section 38 . | ||
(5) Subject to subsections (6) and (7), where an application for renewal of a gambling licence for a charitable or philanthropic purpose under this section is not determined by the Authority before the expiry of the licence concerned, the licence shall continue in force until the later of the following occurs— | ||
(a) the application has been determined, or | ||
(b) the period allowed for bringing an appeal under Part 9 against the decision of the Authority to refuse to renew the licence has expired and either— | ||
(i) no appeal has been made, or | ||
(ii) an appeal has been made and, if applicable, an application to the Circuit Court has been brought under subsection (6), that application has been refused. | ||
(6) A licensee who, within the period allowed for bringing an appeal under Part 9 , brings an appeal against a decision of the Authority to refuse to renew a licence, may, within that period, apply to the Circuit Court, on notice to the Authority, for an order that the licence remain in force pending the making of a decision on appeal. | ||
(7) Where the Circuit Court grants an application under subsection (6) and a decision of the Authority to refuse to renew the licence is upheld on appeal under Part 9, the licence concerned shall cease to be in force on the making of that decision on appeal. | ||
(8) Where an application under subsection (1) for the renewal of a licence does not comply with paragraph (a) of that subsection, the application shall, unless it is shown to the satisfaction of the Authority that there are exceptional circumstances justifying such failure to comply, be treated as a first application for the licence concerned and section 118 shall apply accordingly. | ||
(9) A contravention or alleged contravention of a relevant obligation by a licensee shall be dealt with or continue to be dealt with under Part 8 and accordingly, the renewal of the licensee’s licence under this section does not prejudice or affect the operation of that Part, any proceedings under that Part or under any other provision of this Act. | ||
(10) Where the Authority makes a decision under subsection (4) to refuse to renew a licence, it shall notify the licensee concerned within 14 days of the date of the decision and the notice shall state— | ||
(a) the reasons for the decision, | ||
(b) that the 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. |