Ireland Gambling Regulation

Betting activities in Ireland have been regulated for centuries. The country has a significant history of betting on horse and greyhound races, both on-course and off-course. Ireland has regulated bookmaking activities since the 18th century under several statutes. Some of the most established bookmakers on the European market hail from Ireland, including the likes of BoyleSports and Paddy Power, which operates the largest telephone wagering service in the country.

Lotteries are also available to Irish nationals but are governed by separate legislation. The biggest lottery here is Irish National Lottery that has been in operation since 1987. It provides various products to local lottery players including scratchcards, instant win games, and draw-based games like Lotto, Daily Million, and EuroMillions.

Sweepstakes comprise another category of legal gambling products in Ireland and date back to the first half of the 20th century. The Irish Hospitals’ Sweepstake began in 1930 as a means to collect additional funding for hospitals. It gained international recognition as tickets were made available in over 130 jurisdictions. The Sweepstake continued until the late 1980s and helped generate millions for hospitals in the country.

Unlike many other European jurisdictions, Ireland does not allow for traditional, i.e. commercial casino gaming. At the moment of writing, there are private gaming clubs with limited gambling options but access is restricted strictly to club members. Some of the biggest members-only casinos in Ireland include Fitzpatrick’s Casino, Playland Casino, and Carlton Casino Club.

The country has an outdated legislative framework where casino gambling is concerned, which explains why online gaming is not expressly regulated under Irish law. However, there are still offshore gambling companies that accept registrations from Ireland.

They typically operate with foreign permits issued in jurisdictions with modern legislative systems that account for the technological advances in the gaming industry. With that said, Irish authorities have unveiled intentions to update local laws so that licensing and adequate regulation of remote gambling is made possible in the country.

Laws that Regulate Sports Betting in Ireland

There are several primary pieces of legislation that govern gambling services on the Emerald Isle. Wagering on sports is regulated mostly by the Betting Act of 1931 and its amended version in the form of the Betting (Amendment) Act of 2015 . The legislation states that no individual or business should act as a bookmaker who accepts bets and sets odds unless they have been granted a license from the Irish authorities.

The newer version of the legislation also contains provisions that cover remote sportsbooks and betting intermediaries. Section 13 of the Betting (Amendment) Act of 2015 outlines the requirements that must be met for acquiring a license for bookmaking.

Licensing Procedure for Bookmaking Permits

Pari-Mutuel Wagering

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Licensing Procedure for Bookmaking Permits

The candidates must submit the necessary documentation to the Irish Revenue Commissioners. The documents should include information about the applicant’s name and address, and the address of the bookmaking shop’s premises. Provided that an applicant is not permanently domiciled in the Republic of Ireland, they should apply for a certificate of personal fitness with the Department of Justice.

Licenses are refused in case an applicant has committed tax offenses or other crimes like money laundering. The same applies to previous license holders who have had their permits revoked in the past for one reason or another. If everything goes well, approved applicants receive their bookmaking permits in a matter of weeks.

A standard bookmaking license has a validity of two years so a new application is required after expiry. Bookmakers should pay a license fee of €500 and €760 for permits for premises registration in the case of brick-and-mortar bookmaking shops.

Betting intermediaries also require the issuance of permits. The amended act provides a legal definition of remote bookmakers, stating these are bookmakers who accept sports betting wagers from Irish customers via remote means.

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Pari-Mutuel Wagering

Pari-mutuel wagering is regulated under the Totalisator Act of 1929, which has also undergone various amendments over the years. The legislation paved the way for the establishment of the government-owned Irish Tote, which has a monopoly over the sector to this day. All proceeds it generates are used for the improvement of the Irish horse racing industry.

The operation of totalisator services without authorization and permit is considered an illegal activity under the Act of 1929. Only individuals who are at least 18 years old should have access to the services of the Irish Tote.

The Irish authorities have so far granted two permits for the operation of totalizators – to Horse Racing Ireland and the Irish Greyhound Board. The permit issued to Horse Racing Ireland expires in the spring of 2021 but it most likely will be renewed.

The Gaming and Lotteries Act and Its Amendments

Gambling and lotteries, apart from those offered by the National Lottery, were until recently regulated under the Gaming and Lotteries Act of 1956 . However, this outdated piece of legislation was amended by the Gaming and Lotteries (Amendment) Act of 2019 . The amended version passed toward the end of 2019 and came into effect at the end of 2020.

The primary purpose of the new legislation is to modernize the outdated Gaming and Lotteries Act of 1956, although it also aims to better safeguard citizens from gambling harm. The changes will ensure lotteries operated in the country contribute more funds to charitable causes.

The stake and prize restrictions for gaming machines were also updated. The maximum one can bet on such machines is capped at €5 while prizes should not exceed the amount of €500. The provisions of the previous legislation from 1956 stipulated that maximum stakes on these machines should be €0.03, with payouts restricted to €0.50.

The Amended Legislation Requirements

Private Casino Clubs in Ireland

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The Amended Legislation Requirements

Additionally, the amended legislation requires Irish bingo halls to allocate a minimum of 25% of their overall takings to charities and philanthropic organizations while the remainder, or 75%, should be used for the payment of prizes.

The amendments establish a legal gambling age of 18, which shall apply to all forms of betting. The measures will also see the launch of a new regulatory entity but this has been pushed back to 2021.

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Private Casino Clubs in Ireland

Commercial casino gambling is generally considered unlawful and is prohibited under Irish law. This makes it impossible to apply for a landbased permit which does not mean the country entirely lacks casinos.

Some operators exploit the loopholes in the legislation and operate as private clubs where membership is required before guests are granted access to the available table games and slot machines. Such private clubs are required to abide by strict anti-money laundering policies under the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act of 2018.

In this vein, it is worth mentioning a distinction is made between gaming machines and amusement arcades. Unlike the former, amusement arcades either award nominal non-monetary prizes whose value is under €7 or give people the chance to play again at no cost. The operation of such arcades requires a license issued by the National Excise License Office (NELO).

Online Gambling in Ireland

Online casino gambling is not expressly regulated in Ireland. There is no licensing regime for the time being, which makes it impossible for online casino operators to apply for and obtain permits from the local authorities. This, however, does not mean locals entirely lack options when it comes to gambling over the Internet.

Gambling Operators from Offshore Locations

Gambling Taxes

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Gambling Operators from Offshore Locations

Some online operators service Irish gamblers from offshore locations under licenses issued in other jurisdictions like Gibraltar, the Isle of Man, Malta, and Alderney. Such jurisdictions have contemporary regulatory frameworks with strict oversight of online gambling licensees.

The Irish authorities have expressed interest in establishing a modern licensing system to motivate renowned online operators to set up business in the country but these plans have not come to fruition yet. At the moment, licenses are only granted to remote bookmakers and remote betting intermediaries.

There are no restrictions on the number of permits for such services, although caps can be imposed at the discretion of the Irish Revenue Commissioners, a governmental agency that deals with taxes, customs, and other similar matters.

The permits for remote betting activities are generally granted to approved candidates within a period of six to ten weeks, provided that all documents are intact and there are no complications. The process starts with the candidates paying an initial licensing fee of €10,000.

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Gambling Taxes

There is the option of license renewal but the cost ranges depending on the bookmakers’ turnover. It starts at €10,000 and can go as high as €200,000 for remote businesses whose yearly turnover exceeds the amount of €500 million. On top of these licensing fees, authorized remote bookies must also contribute a wagering duty of 2%.

As for remote betting intermediaries, they are charged a commission of 25%. The typical remote betting license expires after a period of two years after which time operators have the option of renewal. Internet Service Providers (ISPs) in Ireland are generally prohibited from allowing access to unauthorized betting services.

Advertising of Gambling in Ireland

Like other countries, Ireland prohibits the marketing of unlicensed betting services. Licensed landbased betting operations are disallowed from placing any attractions or marketing materials inside or outside of their shops that might motivate people to make bets. Gambling advertisements fall within the regulatory remit of the Broadcasting Authority of Ireland (BAI).

Under local laws, gambling activities should not be portrayed in such a way so as to encourage socially irresponsible behavior. Advertisements should not present gambling as a solution to one’s financial problems. It makes sense that such marketing materials should by no means feature minors or depict them participating in gambling activities. Furthermore, the ads should not contain images or other materials that might appeal to children.

Such commercials should not be broadcast around programs aimed at minors, either. Endorsements on behalf of celebrities or other recognizable figures that adolescents might hold in high regard are not allowed. Gambling advertisements are also monitored by the Advertising Standards Authority for Ireland (ASAI).

Toward the end of 2020, the College Psychiatrists of Ireland demanded that gambling marketing should be prohibited in sports. Professor Colin O’Gara, a specialist in the field of gambling addiction, stressed it is no longer possible to ignore the connection between pathological gambling and the high volumes of betting-related ad. This leads to the normalization of gambling, the experts fear. Some have suggested a watershed prohibition to be implemented. However, the Irish authorities have not yet approved these proposals.

Player Protection Policies in Ireland

The betting industry in Ireland implements a variety of measures intended to reduce gambling harm and addiction. The staff of gambling operators undergoes special training so that they can identify individuals that may be affected by gambling addiction. There are also reality checks that enable gamblers to set up individual reminders of their betting sessions’ duration.

Also possible is to pick personal deposit limits for the day, week, or month. Brick-and-mortar bookmaking shops should display responsible betting messages in prominent places. Such messages are also shown via social media channels. Self-exclusion is yet another option offered by landbased and remote gambling operators in Ireland.

Gambling Regulators in Ireland

The supervision of gambling in Ireland is currently a responsibility of several governmental entities, starting with the Office of the Regulator of the National Lottery the Regulator of the National Lottery or (ORNL). This body was founded under the National Lottery Act of 2013 , which repealed an older piece of lottery legislation from 1986. The ORNL has the remit to oversee strictly the services provided by the National Lottery. The regulator is also in charge of the National Lottery Fund and has the power to approve new games.

The Revenue Commissioners are mandated with the issuance of remote and landbased permits to sports betting operators that target the Irish market. The body also issues licenses for the operation of gaming machines and amusement arcades. The Revenue Commissioners monitor the conduct of remote sportsbooks to make certain they are authorized and pay their taxes.

Certificates of personal fitness are issued to remote betting companies and remote betting intermediaries by the Irish Department of Justice and Equality , or DOJE, particularly when the applicants are based outside Ireland. This governmental body monitors whether betting services providers in the country fulfill their obligations under the anti-money laundering laws.

Closing Thoughts

Ireland’s gambling industry is likely to expand in the future with the launch of the independent regulatory authority planned for 2021. This body will be tasked with a significant number of responsibilities including the supervision of all forms of gambling, the protection of minors and vulnerable individuals, and the establishment of a social fund that aims to create awareness and offer support for problem gamblers.

The launch will also pave the way for the creation of six distinctive groups of permits – for sports betting, bingo, gambling machines, lotteries, casinos, and virtual gambling. The new regulatory and licensing regime is expected to lay the foundations for the expansion of Ireland’s gambling industry.