Gambling Regulation Act 2024

• Permanent Page URL

Limitations on amount of financial penalty imposed as administrative sanction

206. (1) The amount of a financial penalty imposed as an administrative sanction on a licensee under this Chapter shall not exceed €20,000,000, or if greater, 10 per cent of the turnover of the licensee in the financial year preceding the date of the decision as to contravention or in any year in which the act or acts occasioning the administrative sanction occurred.

(2) Regard shall be had to the following matters in determining the amount of the financial penalty to be imposed:

(a) the nature, gravity and duration of the contravention;

(b) the degree of harm to particular people, to consumers or to the public caused as a result of the contravention;

(c) the extent of any failure by the licensee to co-operate with the Authority, an authorised officer or an adjudication officer in the performance of their functions under this Part in so far as it relates to the contravention concerned, provided that acknowledgement of a contravention shall not, of itself, constitute grounds for reduction of the financial penalty;

(d) any gain (financial or otherwise) made, or any loss (financial or otherwise) avoided, by the licensee concerned or by any person in which that licensee has a pecuniary or beneficial interest, as a consequence of the contravention;

(e) whether a previous decision as to contravention and, where applicable, a previous administrative sanction, has taken effect, in accordance with section 205 , in relation to the same licensee;

(f) the nature, extent and timeliness of any steps taken by the licensee to bring the contravention to an end and any steps taken by the licensee to remedy the consequences of the contravention;

(g) the absence, the ineffectiveness or the repeated failure of internal mechanisms or procedures of the licensee intended to prevent such a contravention;

(h) the extent to which the contravention was contributed to by the act or omission of a third party, and the extent to which the licensee took steps to identify, and mitigate the effect of, the act or omission;

(i) the extent to which the contravention was contributed to by circumstances beyond the control of the licensee, and the extent to which the licensee took steps to identify, and mitigate the effect of, those circumstances;

(j) where applicable, the extent to which a relevant officer or beneficial owner of the licensee knew, or ought to have known, that the contravention was occurring or would occur;

(k) the turnover of the licensee in the financial year or years during which the contravention occurred and the ability of the licensee to pay a financial penalty;

(l) the amount of a financial penalty imposed, which came into effect in accordance with section 205 , on any other licensee in respect of a similar contravention;

(m) any specific factors, criteria or methodology as may be prescribed by the Minister for the purposes of this subsection.

(3) The amount of a financial penalty imposed shall—

(a) be proportionate to the nature of the contravention,

(b) act as a sufficient incentive to ensure future compliance by the licensee, and other licensees, with relevant obligations, and

(c) be set with a view to deterring the licensee, and other licensees, from contravening relevant obligations.

(4) The amount of a financial penalty imposed as an administrative sanction shall not—

(a) in the case of an individual, be such as would be likely to cause the individual to be unable to pay his or her debts as they fall due, or

(b) in the case of a licensee that is not an individual, be such as would be likely to cause the licensee to cease trading.

(5) The Minister may prescribe specific factors, criteria or methodology relevant to the determination of the amount of the financial penalty for the purposes of subsection (2).