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Gambling laws must be taken to ‘another level’ in Northern Ireland Efforts to regulate online gambling in Northern Ireland must be taken to another level, a Stormont minister has said. Communities minister Caral Ni Chuilin said new laws would be brought before the Assembly before the current mandate ends in 2022. Problem Gambling Facts Ireland has the third highest gambling losses per adult, in the world (based on 2016 figures). According to the Department of Health, Ireland has in the region of 30,000 people with gambling problems (aged 15 and over). Fewer than 1% of people who would benefit from problem gambling treatment receive it.Most Read: Contributor Ireland, October 2020ARTICLE To print this article, all you need is to be registered or login on Mondaq.com.
Launched in December 2019, the Northern Ireland Department for Communities carried out a public consultation into the state of the current legislative regime for gambling in Northern Ireland.
The ’Regulation of Gambling in Northern Ireland Consultation’ document (the ’NI Consultation’) was published in order to gauge public opinion on a wide range of gambling legislative and regulatory issues, the underlying purpose being to determine whether and where reform is necessary (particularly in the eyes of those working within the gambling industry) to bring the Northern Irish legislative regime into line with advances in the modern industry.
Click here to view the Consultation in PDF format.Current Legislative Position in Northern Ireland
The primary legislation in Northern Ireland in respect of gambling is found in ’The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985’ (the ’1985 Order’). It is modelled after the Betting, Gaming and Lotteries Act 1963, the Gaming Act 1968 and the Lotteries and Amusements Act 1976, which were the key statutes as regards gambling in Great Britain (’GB’) prior to 2005.
The Gambling Act 2005 did however serve to modernise gambling laws in GB, replacing somewhat archaic laws which were not suitable for the demands of, or advances in, the gambling industry in modern day GB.
Gambling in Northern Ireland has also evolved since the 1985 Order, yet (unlike GB) no such legislative reform has taken place. This has left Northern Ireland with a regime described by the Stormont ’All Party Group’ tasked with reviewing this area as being ’hopelessly out of date’ in the internet age.The NI Consultation
Louisiana’s best bet coushatta casino sportsbook. The NI Consultation addressed a wide base of issues related to three overarching themes:
*The Future of Gambling in Northern Ireland: this addressed whether some forms of gambling which are permitted elsewhere, but not in Northern Ireland, should be permitted and regulated. Examples of issues raised included: whether casinos should be permitted to operate in Northern Ireland; whether premises which are licensed to sell alcohol and registered clubs should be able to offer poker, bingo and other equal chance gaming; and should promotional prize competitions and draws be permitted in Northern Ireland, similar to that in GB;
*Sector Specific Issues: this addressed specific issues in the core areas of gambling that the 1985 Order applies to, namely: betting; commercial bingo clubs; gaming machines; and lotteries (other than the National lottery). Ultimately the Consultation raised the question of whether the law in these areas should be amended to bring things more into line with GB, for example: should those who cheat at gambling commit an offence, regardless of the success of the outcome?; should the sale of lottery tickets over the internet be permitted?; and should higher stakes and prizes jackpot machines be permitted in bookmaking offices, bingo clubs and amusement arcades where entry is restricted to those aged 18 and over?
*Licensing, Enforcement and Regulation: the current licensing and enforcement arrangements were considered. Most notably it was queried whether the PSNI is the most appropriate agency to enforce gambling law and whether an altogether new regulator should be established to oversee the gambling in Northern Ireland (as in GB).Response to the NI Consultation and Looking Ahead
By way of example of the responses received to the questions posed by the NI Consultation:
*63% of responses were in favour of the introduction of land based casinos in Northern Ireland;
*66% of responses were in favour of bookmakers and betting shops opening on a Sunday;
*93% of responses were in favour of the introduction of a new regulatory body to oversee gambling legislation; and
*97% of responses wanted to see focus on research/education/treatment in respect of those affected by gambling addiction.
Click here to view NI Consultation response summary tables in PDF format.
Whilst there has therefore been varying levels of support for reform in the different areas covered by the NI Consultation, it is absolutely clear that change is being called for by those within the gambling industry in Northern Ireland.
Gambling laws could of course be developed to mirror that of GB and Ireland, giving Northern Ireland legislation an outlook that is more reflective of the state of gambling in Northern Ireland today. However, the political and religious sensitivities in Northern Ireland cannot be ignored and will be factored into any decisions taken by the legislators in Northern Ireland - making the timing of any reform difficult to predict.Current Legislative Position in Ireland
The law in Ireland on gaming and lotteries changed on 1 December when the Gaming and Lotteries (Amendment) Act 2019 (the ’2019 Act’) came into effect. Among other things, the 2019 Act updates the significantly outdated prize and stake limits under the current legislation, and introduces a standardised minimum age of 18 for all forms of betting. (See our briefing on the 2019 Act here.) (For a high level overview of gambling regulation in Ireland, see our contribution to the Practical Law Guide: ’Gaming in Ireland’, which is accessible here.)
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.POPULAR ARTICLES ON: Media, Telecoms, IT, Entertainment from IrelandThe White Label Agreement Made SimplerA lot of people believe ’branding’ is a new trend that’s playing an indispensable role in creating successful businesses. Hizmet Sağlayıcılar İçin ’Ticari Elektronik İleti Yönetim Sistemi’ Kayıt Yükümlülüğü Hakkında Sıkça Sorulan Sorular6563 sayılı Elektronik Ticaretin Düzenlenmesi Hakkında Kanun (’E-Ticaret Kanunu’) ve Ticari İletişim ve Ticari Elektronik İletiler Hakkında Yönetmelik (’Yönetmelik’)..5G Technology: Speed, Data And LiabilitiesWe are celebrating the undoubted positive aspects linked to the use of this amazing new technology, to be applied in many different and heterogeneous fields of application, nevertheless we know that the introduction of ..What Has Come About Through The Social Media Regulation?Through these amendments, it is aimed to increase the functionality of the state sanction mechanism against social media platforms that are especially established in foreign countries. Sosyal Ağ Sağlayıcılarına İkinci İdari Para Cezası Mı? Sosyal Ağ Sağlayıcı Değişikliklerine Uyum Sağlamayanları Neler Bekliyor?5651 sayılı İnternet Ortamında Yapılan Yayınların Düzenlenmesi ve Bu Yayınlar Yoluyla İşlenen Suçlarla Mücadele Edilmesi Hakkında Kanunun’da değişiklik yapan 7253 sayılı Kanun (‘Kanun’)..Potential Bandwidth Restrictions For Social Network Providers In Turkey: Do They Comply With The European Convention On Human Rights?On 31 July 2020, Turkey amended its law regulating internet publications (the ’New Social Media Law’) to include a number of changes.RELATED CONTENT Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. Problem Gambling In Northern Ireland Northern IrelandAttempts To Reform Gaming Laws In IrelandRonan Daly JermynProblem Gambling In Northern Ireland UkBetting And Gaming In Ireland: An Overview Of Recent Legislative ReformsRonan Daly JermynLights Out For Illegal Streaming Of European Soccer Matches As UEFA Secures High Court OrderWilliam FryProblem Gambling In Northern Ireland United KingdomThe Central Bank Of Ireland Adds To The List Of Pre-Approval Controlled FunctionsWilliam FryConnected Ireland: How Subsea Fibre Optic Cables Help To Drive Our Social, Economic And Industrial DevelopmentPhilip LeeProblem Gambling In Northern Ireland EnglandA Framework For Examination Of Personal Devices Under The Turkish Competition Authority’s New Guidelines – How It Converges With And Differs From The EU Practice
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