Gambling Regulation Act 2024

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Circuit Court confirmation of decision as to contravention and administrative sanction

208. (1) The Authority shall, on notice to the licensee to whom a decision as to contravention relates, make an application in a summary manner to the Circuit Court for confirmation of—

(a) where no administrative sanction is imposed, the decision as to contravention, or

(b) where an administrative sanction is imposed, the decision as to contravention and the administrative sanction.

(2) The Authority shall make an application under subsection (1) where—

(a) the licensee does not appeal against the decision within the period specified in section 207 (3), or

(b) an appeal is withdrawn, abandoned or struck out, as the case may be, as referred to in section 207 (11).

(3) An application under subsection (1) shall be made by the Authority as soon as practicable after the expiration of the period specified in section 207 (3) for bringing an appeal or after the appeal is withdrawn, abandoned or struck out, as the case may be, as referred to in section 207 (11).

(4) A licensee may, as soon as practicable after receiving notice of the application under subsection (1), inform the Authority in writing that the licensee does not intend to appear at, or make submissions at, the hearing of the application and where the licensee does so, the application and any remaining steps in such application may be made ex parte.

(5) On the hearing of an application under subsection (1), the Circuit Court shall, where paragraph (a) of that subsection applies, confirm the decision as to contravention, or where paragraph (b) of that subsection applies, confirm the decision as to sanction and the administrative sanction, unless it is satisfied, on the basis of the evidence that was before the adjudication officer when making the decision or imposing the sanction—

(a) that the officer made an error of law which is—

(i) manifest from the decision, and

(ii) fundamental so as to deprive the decision of its basis,

(b) that the administrative sanction is manifestly disproportionate, or

(c) where the administrative sanction is a financial penalty, that the financial penalty is manifestly disproportionate having regard to section 206 .

(6) Where the Circuit Court does not, under subsection (5), confirm a decision as to contravention, the Court shall set the decision aside.

(7) Where the Circuit Court does not, under subsection (5), confirm the decision as to contravention and the administrative sanction, it may, subject to section 206 and having regard to section 201 —

(a) set aside the decision as to contravention and the administrative sanction,

(b) confirm the decision as to contravention and set aside the administrative sanction,

(c) confirm the decision as to contravention and set aside the administrative sanction and replace it with such other administrative sanction as the Circuit Court considers just and appropriate, including in the case of a financial penalty replace it with a different financial penalty, or

(d) remit the decision as to contravention or, where applicable, the administrative sanction, or both, for reconsideration by an adjudication officer, subject to such directions as it considers appropriate.

(8) Where an application to extend the period for the making of an appeal against a decision as to contravention is made under section 207 (4), the Circuit Court shall make an order staying proceedings in relation to an application under subsection (1) until the appropriate court has made a decision under section 207 (4) in relation to the extension sought.

(9) Where the appropriate court makes an order under section 207 (4) extending the period for the making of an appeal under that section, the Circuit Court shall continue the stay on proceedings in relation to an application under this section until—

(a) where the appeal is brought under section 207 within the extended period, either—

(i) the appropriate court has made a decision on the appeal under section 207 (7), or

(ii) the appeal is withdrawn, abandoned or struck out,

or

(b) where the appeal is not brought under section 207 within the extended period, until that period as so extended expires.

(10) Where subsection (9)(a)(i) applies, the Circuit Court shall make an order striking out the application of the Authority under subsection (1).

(11) The Circuit Court may make such interim or interlocutory orders as it considers appropriate in any proceedings in relation to an application under subsection (1).

(12) The Circuit Court may direct how the costs of an application under subsection (1) are to be borne having regard to any communication of the licensee concerned to the Authority under subsection (4).