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Regulating Gaming in Ireland

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12 774406 4 77 4 56 00352 52 235 6 4 3 4 3 23284 1983 7 50 218395 7 4 4 74 45311 35 452 23 2 6 7 0 1119 7502 4 21 577 5 9 5 45 10035 45 423 22 6 7 3 2 52328 1198 4 75 420 9 3 7 93 49 03496 57 34 70 2 3 7 1 56738 950 6 80 58015 5 3 20 46 32343 02 23 11 8 4 2 9 38751 454978 0 67857 3 0 70 20 0709 10 Regulating Gaming in Ireland 73 95 4 8 4 58345 264647 3 39002 2 2 11 83 02342 98 75 45 7 0 9 34068 912035 6 08110 738 95 468 94580 64 34 4 0 9 0 6904 026 0 4 5 50103 053 54 34 100 25 3 13455 01 5 1 50134 040054 5 8 3789 4250432 46 0435 81 75804 59 8 3 89985 407007 86 8972 7076121 37 7043 37 5 82734 54 1 8 01364 034285 31 286 1424504 97 34967 79034 09120 56 0 1 67380 501468 01 583 2064980 7 60540 690467 60043 52 1 2 21540 425501 50 250 4550013 5 41501 455040 56807Regulating78 3 0 Gaming55469 043507 43 580 5978802 1 985424070070 4945 15 5 5 64647 234390 28 19 7502342 9 5193454 800 7857 340in8 Ireland1 56070 811056 50 680 5801564 34 2646473 343 35232 411 9 7 34200 387519 80 496 57 03406 09 35 709 11056 80095 146 0 5 56458 520649 50 054 469 46798 60 45 010 205321540034 550 0 5 13425 345500 11 150 345 0400 56 37 834 043255469760 350 6 5 19758 6597880 1488 854 407 0705 48 0 761 053768270437 837 2 3 73455 4134582 1364 034 850 3145 07 1 567 8009501468009 580 5 8 20264 7332343 2352 841 198 4750 20 7 193 5497800349678 790 4 7 20356 0908158 5978 213 488 9854 70 67489 2707076121053Report of the Casino Committee 682 0 9 42504358273455 1345 070 364 7034 0731 28675 4245047497800 496 8Report90 of the68709120356070 1105 380 950 4680 5801 58345 0649801973501 054Casino4 04 Committee80260043452501 2053 540 342 5010 5 50 25013 5500134550112 150 3 50 545 6807 8983 0432 469 604 5076 5 43 58046 9788021314889 854 4 00 867 9458 645 5202 64 323 3900 2 28 1957286751424504749 800 49 78 034 68709 035 0908 05 380 9501 0 94 15645834520649801973501 05404 467 80260 4345 1034 53 540 34255010 43 01342501345500 34550112 15013 040 54556 0737 3425 32 469 60435076 12 31975804659788 21314889 85424 070 86749 580 5834 02 647 32343900 35 84111983475023420098387 1934 800 49678 790 8709 03 070 08110567 80 01468 09458015645834520 6464 343900235 328 9834 02 200 83875193 54 00349678579034068709120 5607 11056 380 9501 0057 67 42450474 34 85790340687091203560709 8110 800950146 0094 1564 34 06498019 60 46904679802600434525010 4205 54003425 0 0043 0134 01 55001345 1 41 3455040054556807378983 5043 46976043 0 6812 3197 04 97880213 8 98 4070070586749458015645 4520 64733234 9 02 Regulating Gaming in Ireland Report of the Casino Committee BAILE ÁTHA CLIATH ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR Le ceannach díreach ón OIFIG DHÍOLTA FOILSEACHÁN RIALTAIS, TEACH SUN ALLIANCE, SRÁID THEACH LAIGHEAN, BAILE ÁTHA CLIATH 2, nó tríd an bpost ó FOILSEACHÁIN RIALTAIS, AN RANNÓG POST-TRÁCHTA, AONAD 20 PÁIRC MIONDÍOLA COIS LOCHA,CLÁR CHLAINNE MHUIRIS, CONTAE MHAIGH EO (Teil: 01 – 6476834/37 nó 1890 213434; Fax 01 – 6476843 nó 094 - 9378964 ) nó trí aon díoltóir leabhar. __________ DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased directly from the GOVERNMENT PUBLICATIONS SALE OFFICE SUN ALLIANCE HOUSE, MOLESWORTH STREET, DUBLIN 2, or by mail order from GOVERNMENT PUBLICATIONS, POSTAL TRADE SECTION, UNIT 20 LAKESIDE RETAIL PARK, CLAREMORRIS, CO. MAYO (Tel: 01 – 6476834/37 or 1890 213434; Fax: 01 – 6476843 or 094 - 9378964) or through any bookseller. I.S.B.N: 0-7557-7600-3 Tá leagan Gaeilge ar fáil den tuarascáil seo. €10.00 30-01 03/08 (500) Brunswick Press Ltd. (18571) Preface The Government decision to establish this Committee is timely. Gaming is governed by the Gaming and Lotteries Act, 1956. That relic of social history is utterly unsuited to effectively regulate gaming in a modern, wealthy European state. When it was enacted foreign travel was rare, the first Planning Act had yet to be passed, bingo was called pongo and much of the Oireachtas debates concerned protecting the livelihoods of persons providing gaming at carnivals. Now one can travel to the casinos on the French Riviera in the same length of time it takes to travel by train from Dublin to Cork, Ireland has adopted decimal currency and joined the European Union, local authorities can control land use by means of a sophisticated planning and development system and there is a great demand for all types of gambling in the State. Some of that demand is for betting. Betting is outside of the Committee’s terms of reference and is referred to only where necessary to provide a contrast with gaming. Casinos have been established in the State and purport to be bona fide members’ clubs. Some indeed may be. They are entirely unregulated. The Act of 1956 does not make provision for casinos. Any bona fide members’ club providing casino services is doing so pursuant to a provision enacted with the purpose of allowing card-playing in private dwelling houses. Gaming machines can be found in amusement halls throughout the State including areas in which they are not permitted by law. The Committee is aware of one type of gaming machine which accepts €500 notes. The Act of 1956 provides a maximum stake in gaming machines of 6d and a maximum prize of 10 shillings. The Act is not being enforced and that brings the law into disrepute. The Act of 1956 provides in Part III for a primitive form of “all or nothing” regulation in which a local authority may permit gaming in amusement halls and funfairs, or may prohibit it entirely. Neither option is satisfactory. The recommendations in this Report provide for a modern, nuanced and effective system of regulation of gaming in accordance with the Principles of Better Regulation, thereby protecting consumers, protecting the vulnerable and keeping criminal and subversive elements from infiltrating the industry. In addition to establishing such regulation, strict enforcement of what is recommended in this Report is necessary to achieve those objectives. Remote gaming is a multi-national, multi-billion euro financial services industry which has similarities to the major industries that Ireland has attracted by clear, efficient and focussed policies. Developments in other jurisdictions have led to this industry to look for a well-governed, business friendly, fully sovereign jurisdiction. Ireland has an international reputation for excellence in information and communication technology as well as in the provision of international financial services. This Report points the way to realising many potential synergies available to Ireland in this area. I would like to thank my Committee for the expertise and experience that they have brought to our deliberations both in plenary committee meetings and in sub-committee meetings. Not for the first time I have been struck by the wealth of talent available in the civil service and which was on display in this Committee. The Committee was fortunate in having an enthusiastic and hard-working secretariat in Philip McCormack, Clodagh Moore and Amber Synnott. John Roycroft, as well as serving on the Committee, co-ordinated the work of the Committee and its secretariat. I would also like to thank the persons who responded to the Committee’s calls for submissions and took the time and effort to communicate their views and suggestions. This Report is richer for their input. Finally I would like to thank the Tánaiste and Minister for Justice, Equality and Law Reform, Michael McDowell S.C., T.D. for his support for the work of the Committee. Michael McGrath Chairman Regulating Gaming in Ireland - Report of the Casino Committee Table of Contents Page No. Chapter One: Background and Summary of Recommendations 1.1 Establishment of the Casino Regulation Committee 1 1.2 Background to the Establishment of the Casino Regulation Committee 1 1.3 Work of the Casino Regulation Committee 4 1.4 Public Policy Objectives 5 1.5 Recommendations and Conclusions 6 Chapter Two: The Gaming and Lotteries Act 1956 – Gaming: A General Assessment 2.1 Introduction 19 2.2 Review of Other Official Reports and the 1956 Act 19 2.3 Adoption of the Gaming and Lotteries Act 1956 21 2.4 The Role of Local Authorities Under the 1956 Act 23 2.5 Observations by the Casino Committee 24 Chapter Three: An Overview of International Regulatory Practices 3.1 Gaming Regulatory Structures in Europe: “One Size Fits All?” 29 3.2 Global Lessons on the Legalisation of Casino Gaming 37 3.3 Gaming Regulatory Structures outside Europe 37 3.4 Gaming in the United States 40 3.5 Gaming in Great Britain 41 3.6 Gaming in Australia 45 3.7 Gaming in New Zealand 46 3.8 Gaming in Canada 54 Chapter Four: Regulating Gaming in Ireland 4.1 Overview of the Current Gambling Industry in Ireland 61 4.2 The Regulation of Gaming in Ireland 68 4.3 The Gaming Regulatory Authority 74 4.4 Approaches to Licensing 76 4.5 Money Laundering 80 4.6 Gaming Licence and Gaming Machine Typologies 81 4.7 Taxation 93 4.8 Possible Legislative Content 99 4.9 Licence Requirements 100 4.10 The Operation of the Gaming Premises 101 4.11 Powers of the Gaming Regulatory Authority 102 4.12 Remote Gaming 102 4.13 Advertising 103 4.14 Problem Gaming 103 4.15 Enforceability of Contracts 103 4.16 Offences and Sanctions 104 4.17 The Establishment of an Interim Gaming Regulatory Authority 104 4.18 A Proposed Response to Current Developments 105 Chapter Five: Remote Gaming 5.1 What is Remote Gaming? 106 5.2 The Development of Remote Gaming 106 5.3 Technological Complexities 109 5.4 Overview of International Situation 111 5.5 Regulatory Options Available to Ireland 112 5.6 Views of the Committee and Recommendations as to a Possible Licensing Regime for Remote Gaming 113 5.7 Conclusion 116 Appendices (See List of Tables and Appendices Overleaf) 117 References 198 Regulating Gaming in Ireland - Report of the Casino Committee List of Tables Page No.
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