Significant landmark in gambling regulation in Ireland as Gambling Regulation Bill set to be enacted

As indicated in our previous article (see here), the Bill provides a new regulatory framework for the gambling industry, with betting, lotteries and gaming all falling within the licensing regime set out in the Bill. The patchwork of legislation previously regulating the industry will be repealed by the Bill.

Some key features of the Bill include:

• The establishment of a new independent regulator, the Gambling Regulatory Authority of Ireland ("GRAI"), who will be responsible for setting up the new licensing regime and will be responsible for monitoring and ensuring licensees comply with the obligations set out in the Bill. The GRAI will have significant enforcement powers which include the ability to impose monetary sanctions and other administrative and criminal sanctions.
• The new licensing regime will include the following:
  • Business to Business gambling licences which includes licences for gambling products and gambling related services
  • Business to Consumer gambling licences which for the first time will include online gaming and online lottery licences
  • Gambling licences for charitable or philanthropic purposes
• The Bill introduces advertising restrictions which include a ban on advertising between certain hours and certain restrictions on the places and frequency of gambling advertisements across various media platforms.

• The establishment of a Social Impact Fund. The purpose of the Fund is to help finance research and raising awareness for problem gambling. Contributions to the Fund will come from gambling licensees and the required contribution will be calculated by reference to the licensees' annual turnover.

• The creation of the National Gambling Exclusion Register which will allow individuals to register with the GRAI to self-exclude themselves from engaging in gambling activities. This alongside the establishment of the Social Impact Fund is likely to have a crucial role in supporting individuals with problem gambling and mitigating the negative impacts of gambling.  

• Transitional arrangements have been provided in the Bill for existing licences issued under the Betting Act 1931 and the Gaming and Lotteries Act 1956 etc. Existing licences will remain in force until their expiry.

In terms of next steps, the Bill will now be passed to the President for signing which will formally enact the Act. Following enactment, the Act will be commenced by the Minister of Justice and the GRAI will be formally established.

The enactment of this new legislation marks a new era for gambling regulation in Ireland. The Act will provide a comprehensive measure in creating a safer gambling environment in Ireland, offering long needed protection for problem gamblers and setting a high standard for responsible gambling practices by licensees.

For further information please contact Barry Fagan.

Written by: Barry Fagan and Sinéad Cussen