Events
IAGA SUMMIT San Francisco 2019
Máire Conneely, Senior Associate, A&L Goodbody
Máire Conneely is a Senior Associate in the Litigation and Dispute Resolution Department of A&L Goodbody and is co-head of the firm's Gaming and Betting Group. Máire has over 15 years of experience advising on all aspects of intoxicating liquor licensing, gaming and lotteries and betting law. Máire also has extensive experience in High Court and Commercial Court litigation. Máire advises a variety of domestic and international gaming, lottery and betting operators in relation to their Irish operations. She also advises operators in the gaming, lottery and betting industry who are interested in entering the Irish market. Máire also advises extensively on all aspects of licensing for public houses, hotels, cinemas, nightclubs, off licences, and restaurants. Máire regularly appears before the courts in relation to licensing applications and disputes relating to licensed premises.
WHAT’S HAPPENING IN IRELAND?
Irish gambling legislation dates back to 1853 when the Betting Houses Act 1853 made it illegal to use any house, office, room or place for betting. Reflecting Irish society's attitude to betting at that time, the stated purpose of the 1853 Act was the suppression of "a kind of gaming [that] has of late sprung up tending to the injury and demoralisation of improvident persons by the opening of betting houses… and the receiving of money by owners… to pay money on events of horse races and the like contingencies".
Te prohibition on betting remained until 1931 when the Irish government decided to move away from a complete prohibition on betting and introduced the Betting Act 1931 to regulate betting activities.
Te Betting Act 1931 still regulates bookmaking in Ireland today, though it was amended in 2015 to include remote bookmakers. Te 1931 Act places an obligation on bookmakers to obtain a licence and pay betting duty. It does not impose
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“The 1956 Act was never updated to deal with online gaming or lotteries. The Act does not expressly state
that it has extra territorial effect and therefore arguably gambling or lotteries services provided from outside of Ireland to customers in Ireland are not prohibited.” Máire Conneely,
Senior Associate, A&L Goodbody
any specific technical or consumer protection obligations on operators.
GAMING AND LOTTERIES IN IRELAND Gaming and lotteries are dealt with under a
separate piece of legislation, the Gaming and Lotteries Act 1956. Unlike betting, gaming in Ireland is still prohibited except in very limited circumstances such as in licensed amusement halls and at funfairs. Licensed lotteries are
permitted, but only if they are for a charitable or philanthropic purpose.
Tere has been very little amendment to the 1956 Act since it was enacted. Unlike the 1931 Act, the 1956 Act was never updated to deal with online gaming or lotteries. Te Act does not expressly state that it has extra territorial effect and therefore arguably gambling or lotteries services provided from outside of Ireland to customers in Ireland are not prohibited. Tis point has never been tested before the Irish Courts, but many operators offer gaming and lottery products to customers in Ireland and to date they remained untroubled by the Irish authorities.
PROPOSALS TO OVERHAUL IRISH GAMBLING LEGISLATION Te Irish government has acknowledged for many years that regulating rather than prohibiting gaming is the preferred option. However, despite numerous governmental reports over the last 20 years recommending reform of the outdated gambling laws, the 1931 Act and the 1956 Act remain law today.
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