Gambling Regulation Act 2024
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Notice of non-compliance | ||
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193. (1) The Authority shall issue a notice (in this Act referred to as a “notice of non compliance”) to a licensee where— | ||
(a) a notice has issued to the licensee under section 192 or the Authority has made a decision under section 197 (2)(c), and | ||
(b) it is satisfied that the licensee has contravened or is contravening the relevant obligation the subject of that notice or decision. | ||
(2) A notice of non-compliance shall— | ||
(a) state that the Authority is satisfied that the licensee has contravened or is contravening a relevant obligation and state the reasons for being so satisfied, | ||
(b) where the Authority considers that the contravention referred to in paragraph (a) so merits— | ||
(i) contain an advice, caution, warning or reprimand to the licensee concerned in respect of that contravention, or | ||
(ii) specify one or more than one condition, to address and mitigate that contravention, that will apply to the gambling licence to which that contravention relates, | ||
(c) state that the licensee is entitled to appeal, in accordance with Part 9 , against the finding of the Authority that the licensee has contravened or is contravening a relevant obligation and, where paragraph (b) applies, against the advice, caution, warning or reprimand or any condition specified, as the case may be, and | ||
(d) state the period within which such an appeal may be brought in accordance with Part 9 . | ||
(3) A condition specified under subsection (2)(b)(ii) shall take effect— | ||
(a) where the period for bringing an appeal under Part 9 against the decision to impose a condition has expired and no appeal has been made, on the expiration of that period, or | ||
(b) where an appeal has been made in accordance with Part 9 , when the appeal in relation to the imposition of the condition has not been allowed. | ||
(4) The Authority may, where a notice of non-compliance does not contain an advice, caution, warning, reprimand or condition referred to in subsection (2)(b), apply to the Circuit Court under section 194 for suspension or revocation of the gambling licence to which the contravention relates, on the later of the following— | ||
(a) where the period for bringing an appeal against the notice of compliance referred to in subsection (2)(d) has expired and no appeal has been made, on the expiration of that period, or | ||
(b) where an appeal has been made in accordance with Part 9 , after the appeal has not been allowed. |