Table of Contents
Gambling Regulation Act 2024 (No. 35)Introductory TextActs Referred toPart 1 Preliminary and General (ss. 1-10)1. Short title and commencement2. Interpretation3. Reference to providing betting activity4. Reference to providing game5. Reference to providing lottery6. Unenforceability of contracts: bookmakers7. Expenses8. Service of documents9. Regulations10. Repeals and revocationsPart 2 Gambling Regulatory Authority of Ireland (ss. 11-57)Chapter 1 Establishment, functions and governance of Authority (ss. 11-36)11. Definition (Chapter 1)12. Establishment day13. Establishment of Gambling Regulatory Authority of Ireland14. Membership of Authority15. Functions of Authority16. Recommendation for appointment of members of Authority17. Terms and conditions of membership of Authority18. Power to appoint consultants and advisers and enter into contracts19. Procedures of Authority20. Committees of Authority21. Chief executive22. Functions of chief executive23. Delegation of functions of chief executive24. Accountability of chief executive to Public Accounts Committee25. Accountability of chief executive to other Oireachtas Committees26. Staff of Authority27. Superannuation28. Annual accounts29. Annual report30. Strategy statement31. Codes of practice32. Conduct of research33. Review of operation of Act and consideration of issues of concern34. Request from Minister to Authority for report35. Information sharing agreements with persons in State36. Amendment of National Archives Act 1986Chapter 2 Funding of Authority and fees (ss. 37-43)37. Definitions (Chapter 2)38. Power to charge fees39. Advances by Minister to Authority40. Funding of Authority41. Power to impose charge to fund Authority42. Power to recover fees and charges43. Obligation to provide information to Minister and Minister for Public Expenditure, National Development Plan Delivery and ReformChapter 3 National Gambling Exclusion Register (ss. 44-49)44. Definition (Chapter 3)45. National Gambling Exclusion Register46. Obligations of licensee to person whose name is entered on National Gambling Exclusion Register47. Removal of entry on National Gambling Exclusion Register48. Right of self-exclusion by person directly with licensee not affected49. Review of operation of National Gambling Exclusion RegisterChapter 4 Social Impact Fund (ss. 50-57)50. Establishment of Social Impact Fund51. Payments out of Social Impact Fund52. Payment of expenses of Authority from Social Impact Fund53. Money transferred to Social Impact Fund following closure of gambling account54. Funding of Social Impact Fund55. Obligation to keep account of expenditure of money received from Social Impact Fund56. Direction of Minister57. Accounts: Social Impact FundPart 3 Provisions applicable to Authority, Appeals Panel and adjudication officers (ss. 58-66)58. Definition (Part 3)59. Ineligibility to become and disqualification to act as member of relevant office or as adjudication officer60. Membership of either House of Oireachtas, European Parliament or local authority61. Removal of member of relevant office62. Non-disclosure of confidential information63. False or misleading information, documentation or evidence64. Restriction of rights and obligations under Data Protection Regulation65. Regulations for purposes of data protection66. Amendment of Freedom of Information Act 2014Part 4 Prohibitions and offence (general) (ss. 67-81)Chapter 1 Prohibitions: gambling activities and offence of cheating (ss. 67-74)67. Prohibition on providing betting activity, game or lottery68. Employees, servants or agents of licensee providing relevant gambling activity69. Prohibition on betting intermediaries acting other than by remote means70. Prohibition on sale or supply of gambling product or gambling related service71. Prohibition on purchase of gambling product or gambling related service72. Gambling licensees and software for use in gambling73. Prohibition on transfer, assignment or encumbrance of gambling licence74. Cheating at relevant gambling activityChapter 2 Applications to Court in respect of persons providing gambling activity in contravention of Chapter 1 (s. 75)75. Application to Court to direct relevant person to cease prohibited gambling activity and related mattersChapter 3 Provisions related to offences: general (ss. 76-81)76. Liability of relevant officers and beneficial owners77. Summary proceedings78. Time limit for offences: summary proceedings79. Jurisdiction80. Costs of prosecution81. Suspension or revocation of gambling licence on conviction for offencePart 5 Licensing of gambling activities (ss. 82-140)Chapter 1 Preliminary and General (ss. 82-83)82. Definitions (Part 5)83. Regulations (Part 5)Chapter 2 Gambling licences and register of gambling licensees (ss. 84-90)84. Gambling licences85. Betting licences86. Gaming licences87. Lottery licences88. Gambling licence for charitable or philanthropic purpose89. Business to Business gambling licences90. Register of gambling licenseesChapter 3 Gambling activities exempt from requirement to hold gambling licence (ss. 91-93)91. Application (Chapter 3)92. Certain lotteries held for charitable or philanthropic purpose not requiring gambling licence93. Certain lotteries held in conjunction with selling or marketing of products not requiring gambling licenceChapter 4 Applications for gambling licences: general (ss. 94-106)94. Definitions (Chapter 4)95. Public notice of intention to apply for gambling licence96. Information and documentation to accompany application for gambling licence: general97. Information and documentation to accompany application: applications, licences, permits or certificates under relevant Acts98. Information and documentation to accompany application where gambling activity to be provided in-person99. Assessment of suitability of premises100. Assessment of suitability of premises for children101. Assessment of suitability of premises for automated teller machine102. Information and documentation to accompany application where gambling activity to be provided by remote means103. Assessment of information and documentation provided under section 102(1)(b) and (c)104. Information and documentation to accompany application for renewal of gambling licence105. Further information sought by Authority following receipt of application for gambling licence106. Arrangement with person outside State performing similar functions to AuthorityChapter 5 Gambling licences issued under this Part (ss. 107-111)107. Issue of gambling licence following decision to grant gambling licence108. Duration gambling licence remains in force109. Transfer of gambling licence in certain circumstances110. Display and production of gambling licence111. Offence: falsely representing licence, registration number, as licensee or authorised officerChapter 6 Applications for Business to Consumer licences: betting, gaming and lottery licences (ss. 112-117)112. Application for Business to Consumer gambling licence113. Application for lottery licence: once-off lottery114. Determination by Authority of application for Business to Consumer gambling licence115. Renewal of Business to Consumer gambling licence116. Application by licensee of in-person gambling licence to add premises to licence117. Application to vary certain relevant gambling activities provided pursuant to certain Business to Consumer gambling licencesChapter 7 Applications for grant and renewal of gambling licences for charitable or philanthropic purpose (ss. 118-122)118. Application for gambling licence for charitable or philanthropic purpose119. Application for gambling licence for charitable or philanthropic purpose: once-off activity120. Determination by Authority of application for gambling licence for charitable or philanthropic purpose121. Renewal of gambling licence for charitable or philanthropic purpose122. Application to vary relevant gambling activity for a charitable or philanthropic purposeChapter 8 Standards and certification of certain gambling products and gambling related services and applications for grant and renewal of Business to Business gambling licences (ss. 123-128)123. Power to set standards for certain gambling products and gambling related services124. Application for certification of gambling product or gambling related service where standards in effect in accordance with section 123125. Application for Business to Business gambling licence126. Determination by Authority of application for Business to Business gambling licence127. Renewal of Business to Business gambling licence128. Application to vary relevant gambling product or relevant gambling related serviceChapter 9 Conditions attaching to gambling licences (ss. 129-140)129. Regulations (Chapter 9)130. Conditions attaching to gambling licences: general131. Conditions attaching to Business to Consumer gambling licences and gambling licences for charitable or philanthropic purpose132. Notice to Authority of change of information given under section 98(1)133. Notice to Authority of change in information given under section 102134. Additional conditions: Business to Consumer gambling licences135. Establishment and maintenance of Segregated Customer Account136. Regulations: Segregated Customer Accounts137. Additional condition: game provided under gaming licence or gambling licence for charitable or philanthropic purpose138. Additional conditions: lottery licences139. Additional conditions: gambling licence for charitable or philanthropic purpose140. Conditions attaching to Business to Business gambling licencePart 6 Obligations on licensees and other persons (ss. 141-178)Chapter 1 Obligations on licensees and other persons: advertising, branded clothing and engagement of children in providing relevant gambling activity (ss. 141-151)141. Interpretation (Chapter 1 - Part 6)142. Obligation not to engage child as employee, servant or agent providing relevant gambling activity143. Obligations on licensees in relation to advertising: general144. Regulations regarding advertisements145. Advertising by licensee by means of audiovisual on-demand media service or on-demand sound service146. Advertising on social media service and video-sharing platform service147. Advertising by licensee by means of electronic communication148. Prohibited material in advertisement149. Prohibited hours for advertising on certain media150. Application to High Court to direct cessation of advertising activity151. Prohibition on branded clothing and merchandiseChapter 2 Obligations on licensees: general (ss. 152-153)152. Obligation on licensees to maintain records and accounts153. Obligation to notify Authority of changesChapter 3 Obligations on certain licensees: suspicious gambling patterns, inducements, participation of children and sponsorship (ss. 154-159)154. Application (Chapter 3)155. Obligation to pay out winnings156. Obligation to notify Authority of suspicious gambling patterns157. Offering inducement to gamble158. Obligation not to permit child participate in relevant gambling activity159. SponsorshipChapter 4 Obligations on certain Business to Consumer licensees: training, provision of facility for participants to set monetary limit and forms of payment for relevant gambling activities (ss. 160-165)160. Interpretation (Chapter 4)161. Application (Chapter 4)162. Approved training programme163. Obligation to ensure approved training programme completed by staff in relevant post164. Obligation to provide facility to enable participant to set monetary limit165. Obligation in respect of method of payment for relevant gambling activityChapter 5 Obligations on licensees of remote gambling licences (ss. 166-175)166. Definition (Chapter 5)167. Obligations before providing relevant gambling activity by remote means168. Obligation to establish and maintain register of account-holders169. Application to open gambling account with licensee of remote gambling licence170. Requirement to lodge money in gambling account171. Obligation to close gambling account172. Obligation to provide copy of terms and conditions of relevant gambling activity provided by remote means173. Obligation to provide information to account-holder174. Protection of children175. Obligation not to provide relevant gambling activities by remote means on certain days or at certain timesChapter 6 Obligations on licensees of in-person gambling licences (ss. 176-178)176. Obligations in respect of opening hours and use of premises177. Obligation in relation to children on premises178. Obligation in relation to withdrawal of cash on premisesPart 7 Complaints (ss. 179-181)179. Definition (Part 7)180. Complaints about licensees181. Regulations regarding complaintsPart 8 Compliance with and enforcement of relevant obligations of licensees (ss. 182-220)Chapter 1 Preliminary and general (ss. 182-183)182. Interpretation (Part 8)183. Privileged legal materialChapter 2 Authorised officers (ss. 184-187)184. Appointment of authorised officers185. Powers of authorised officers186. Search warrants187. Data sharing: Act of 1958 and Act of 1994Chapter 3 Compliance with relevant obligations: general (ss. 188-191)188. Obligation on licensees to furnish compliance report and information and documentation189. Application to District Court to compel production of information and documentation190. Action by Authority in relation to alleged contravention of relevant obligation191. Power of Authority to enter agreement with a licensee in respect of alleged contravention of relevant obligationChapter 4 Notice of non-compliance (ss. 192-194)192. Notice to licensee: contravention of relevant obligation193. Notice of non-compliance194. Suspension or revocation of licence following notice of non-complianceChapter 5 Directed investigation (ss. 195-197)195. Power to direct investigation196. Report of authorised officer197. Action by Authority after consideration of investigation reportChapter 6 Adjudication and decisions on adjudication (ss. 198-214)198. Definitions (Chapter 6)199. Adjudication by adjudication officers or panel200. Imposition of financial penalty and criminal proceedings201. Administrative sanction: suspension or revocation of gambling licence or imposition of condition on gambling licence202. Action by adjudication officer after assignment to conduct adjudication203. Decision as to contravention and imposition of administrative sanction204. Notice of administrative sanction205. Taking effect of decision as to contravention and taking effect of administrative sanction206. Limitations on amount of financial penalty imposed as administrative sanction207. Appeal against decision as to contravention and imposition of administrative sanction208. Circuit Court confirmation of decision as to contravention and administrative sanction209. Reference on point of law to High Court210. Power of adjudication officer to issue direction to Authority or licensee211. Oral hearing212. Orders for costs in proceedings before adjudication officer213. Regulations in relation to proceedings before adjudication officer214. Treatment of amounts paid in respect of financial penaltiesChapter 7 Adjudication officers (ss. 215-219)215. Nomination of adjudication officers216. Appointment of adjudication officers217. Independence of adjudication officer218. Regulations (Chapter 7)219. Assistance to adjudication officersChapter 8 Emergency orders in respect of licensees (s. 220)220. Application to Court for emergency orders in respect of licenseesPart 9 Appeals (ss. 221-226)221. Definition (Part 9)222. Appeals to Circuit Court223. Appeals to Appeals Panel224. Appeals Panel225. Application to Appeals Panel and determination of appeal by appeals officer or Appeals Board226. Appeal proceduresPart 10 Amendmets to other Acts, transitional and savings provisions and consequential amendments to other Acts (ss. 227-271)Chapter 1 Amendments to other Acts (ss. 227-230)227. Amendment of Act of 1931228. Prohibition on employment of child or young person in providing relevant gambling activity229. Amendment of Act of 2002230. Amendment of Act of 2010Chapter 2 Transitional provisions: Act of 1929 and regulations made under that Act (ss. 231-232)231. Definition232. Totalisator licences under Act of 1929Chapter 3 Transitional provisions: Act of 1931 and regulations made under that Act (ss. 233-245)233. Definition234. Transitional provision: general235. Transitional provisions: bookmaker's license under section 7 of Act of 1931236. Transitional provision: certificates of personal fitness under sections 4 and 5 of Act of 1931 for bookmaker's licence237. Transitional provision: remote bookmaker's licence under section 7B of Act of 1931238. Transitional provision: remote betting intermediary's licence under section 7C of Act of 1931239. Transitional provision: certificates of personal fitness under section 5A for remote bookmaker's licence or remote betting intermediary's licence240. Transitional provision: certificates of suitability of premises under section 10 of Act of 1931241. Transitional provision: registration under section 12 of Act of 1931 in register of bookmaking offices242. Transitional provision: revocation of licence or registration by court under section 15 of Act of 1931243. Transitional provision: revocation of certain licences by Minister for Justice under section 16 of Act of 1931244. Transitional provision: registers under Act of 1931245. Transitional provision: compliance notice under section 32B of Act of 1931Chapter 4 Transitional provisions: Act of 1956 and regulations under that Act (ss. 246-254)246. Definition247. Transitional provision: general248. Transitional provision: contracts or debts referred to in section 36 of Act of 1956249. Transitional provision: gaming permits under Part II of Act of 1956250. Transitional provision: gaming licences under Part III of Act of 1956251. Transitional provision: lottery permits under Part IV of Act of 1956252. Transitional provision: lottery licences under Part IV of Act of 1956253. Transitional provision: revocation of licences and permits under Part V of Act of 1956254. Registers of gaming permits, gaming licences, lottery permits and lottery licences under Act of 1956Chapter 5 Transitional provision: Act of 1975 (s. 255)255. Transitional provisions: section 43 of Act of 1975Chapter 6 Transitional provisions: Act of 2010 and regulations made under that Act in relation to private members' clubs that engage in gambling activities (ss. 256-261)256. Definitions257. Transitional arrangements: general258. Transitional arrangement: maintenance of register under section 109 of Act of 2010259. Transitional arrangement: registration on the register260. Transitional arrangement: certificate of fitness under section 109B of Act of 2010261. Transitional arrangement: Appeal under section 109E of Act of 2010 where application for certificate of fitness refusedChapter 7 Consequential amendments to other enactments (ss. 262-271)262. Amendment of Act of 1958263. Amendment of section 1 of Street and House to House Collections Act 1962264. Amendment of section 8 of Pawnbrokers Act 1964265. Amendment of Act of 1994266. Amendment of Consumer Credit Act 1995267. Amendment of Act of 1997268. Amendment of Act of 2001269. Amendment of Local Government Act 2001270. Amendment of section 2 of Criminal Justice (Public Order) Act 2003271. Amendment of section 93 of Charities Act 2009Schedule 1 Relevant offenceSchedule 2Schedule 2, Part 1 Acts repealedSchedule 2, Part 2 Statutory instruments revokedSchedule 3 Maximum relevant payment and maximum winnings
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Version status: Not yet in force | Document consolidation status: No known changes
Version date: 23 October 2024 - onwards
158. Obligation not to permit child participate in relevant gambling activity
(1) A licensee to whom this Chapter applies shall not permit a child to participate in a relevant gambling activity.
(2) A licensee who fails to comply with subsection (1) is guilty of an offence and is liable -
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 8 years, or both.
(3) It shall be a defence to proceedings for an offence under subsection (2) to prove that the defendant was reasonably mistaken that at the time of the alleged commission of the offence the child, against whom the offence is alleged to have been committed, had attained the age of 18 years.
(4) Where, in proceedings for an offence under subsection (2), it falls to the court to consider whether the defendant was reasonably mistaken that, at the time of the alleged commission of the offence, the child against whom the offence is alleged to have been committed had attained the age of 18 years, the court shall consider whether, in all the circumstances of the case, a reasonable person would have concluded that the child had attained the said age.