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18 1994

IRISH HORSERACING INDUSTRY ACT, 1994

PART IV

Bookmakers and Betting

Prohibition of course-betting by bookmakers not holding permits from Authority.

47. —(1) A person shall not carry on the business of a bookmaker at an authorised racecourse, unless such person is an authorised bookmaker or a person specified in a course-betting representative permit.

(2) An authorised officer or a person acting under the direction of the executive of an authorised racecourse who has reasonable cause to believe that a person is not an authorised bookmaker or a person specified in a course-betting representative permit and is carrying on the business of a bookmaker at an authorised racecourse may require the person to immediately leave the racecourse.

(3) A person shall comply with a requirement made of him under subsection (2).

(4) Where a person fails to comply with a requirement made of him under subsection (2) an authorised officer or a person acting under the direction of the executive of the authorised racecourse concerned may, with the assistance of a member of the Garda Síochána if he considers it necessary, remove (by reasonable force if necessary) the person from the racecourse.

Course-betting permits and course-betting representative permits.

48. —(1) Subject to subsection (3), the Authority may grant to a licensed bookmaker a permit (“a course-betting permit”) authorising him to carry on, in person, at an authorised racecourse the business of bookmaking in respect of horse races held at an authorised racecourse and races or other events taking place elsewhere.

(2) The Authority may grant to an authorised bookmaker a permit (“a course-betting representative permit”) to carry on, in the absence of that authorised bookmaker, through an employee or agent (being a licensed bookmaker) specified in the permit the business of bookmaking as specified in subsection (1).

(3) A course-betting permit granted to a company of the Authority shall restrict the company on a racecourse to operate only from a betting office.

(4) The Authority may refuse an application for a permit under this section where it considers the applicant is not a fit or proper person to hold such a permit or the person to be specified in a course-betting representative permit is not a fit or proper person.

(5) An application for a permit under this section shall be in such form and contain such particulars as the Authority may from time to time require.

(6) The Authority may attach to a permit granted under this section such terms and conditions as it thinks fit and it may also, from time to time, attach further terms or conditions or vary the conditions to such a permit or remove any such terms or conditions.

(7) (a) The holder of a permit granted under this section shall comply with any terms or conditions attached to the permit.

(b) A person specified in a course-betting representative permit shall comply with any terms or conditions attached to the permit.

(8) A course-betting permit shall contain the name of the holder thereof.

(9) (a) The Authority may, where it feels it has reasonable grounds for so doing at any time, suspend for such time as it thinks fit or revoke a permit granted under this section.

(b) An authorised bookmaker who without reasonable cause fails or neglects to pay or credit to a person with whom he has a bet an amount due to that person shall have any permit granted to him suspended or revoked by the Authority.

(10) Where the Authority, in the exercise of its powers under this section, proposes to refuse an application for a permit under this section or to suspend or revoke a permit granted under this section it shall—

(a) inform the bookmaker concerned in writing of the proposal, and

(b) afford to him upon request, within 7 days after being so informed, an opportunity to make to it any written or oral representations in relation to the proposal and shall consider any such representations made to it.

(11) Where an application for a permit under this section is refused, or a permit granted under this section is suspended or revoked, notice of the refusal, suspension or revocation shall be served on the bookmaker concerned either personally or by prepaid registered post within the period of 7 days beginning on the day on which the Authority decides on the refusal, suspension or revocation.

(12) Subject to subsections (13) and (14), where a permit granted under this section is suspended or revoked, the suspension or revocation shall be expressed as coming into operation on a specified day which shall not be before the expiration of the period of 14 days beginning on the day on which the authority decides on the suspension or revocation.

(13) Where the suspension or revocation of a permit granted under this section is in respect of a failure or neglect to pay or credit to a person an amount due to the person by the bookmaker concerned in respect of a bet entered into by the person with the bookmaker, the permit shall be suspended or revoked immediately.

(14) Where—

(a) an appeal is taken under section 57 against the suspension or revocation of a permit granted under this section,

(b) the suspension or revocation is not in respect of a failure or neglect to pay or credit to a person an amount due to the person by the bookmaker concerned in respect of a bet entered into by the person with the bookmaker, and

(c) on the day on which the suspension or revocation is expressed as coming into operation, the appeal has not been withdrawn or determined,

the operation of the suspension or revocation shall stand suspended until (as may be appropriate) the appeal is withdrawn or determined by the Bookmakers Appeal Committee.

(15) A permit granted under this section shall be in force for such period not exceeding 3 years as the Authority may decide specified therein.

(16) Where an authorised bookmaker ceases to be a licensed bookmaker, or is the subject of an exclusion notice under section 62 , any permit granted to him under this section shall, for the purposes of this Act, cease to be in force.

(17) Where the person specified in a course-betting representative permit is the subject of an exclusion notice, or ceases to be a licensed bookmaker, the permit shall, for the purposes of this Act, cease to be in force.

(18) An authorised bookmaker who ceases to be a licensed bookmaker shall surrender to the Authority any permit granted to him under this section upon such cessation.

(19) The holder of a permit granted under this section or his employee or agent shall not wilfully alter such permit granted under this section and any such permit so altered shall cease to be in force.

(20) A course-betting permit granted under section 24 of the Act of 1945 which is in force immediately before the establishment day shall, on that day, continue in force as if granted under this section.

(21) (a) In this section “employee or agent” means—

(i) a spouse, parent, child, sibling, nephew or niece of the authorised bookmaker, or

(ii) a person who has been in the authorised bookmaker's continuous employment on any authorised racecourse for a period of not less than 5 years.

(b) The Authority may by regulations amend the definition in this subsection.

Authorised officers.

49. —(1) The Authority may appoint in writing such and so many persons as it sees fit to be authorised officers for the purposes of this Act.

(2) A warrant of appointment as an authorised officer shall be issued to every person appointed under this section who when exercising any function conferred on the person as an authorised officer, shall, if requested by a person affected, produce the warrant to that person.

(3) The Authority may at any time terminate an appointment as an authorised officer.

(4) Every person appointed to be an authorised officer under the Act of 1945 and being such an officer immediately before the establishment day shall, on that day, continue to be an authorised officer as if appointed under this section.

(5) An appointment under this section as an authorised officer shall cease—

(a) where the Authority terminates it under subsection (3), or

(b) where the person appointed is an officer or employee of the Authority or its subsidiary upon his ceasing to be such an officer or employee.

Requirement to produce course-betting, or course-betting representative, permit to authorised officer.

50. —(1) An authorised officer may require any person, whom he observes carrying on the business of a bookmaker at any authorised racecourse, to produce his course-betting permit, or course-betting representative permit, as the case may be.

(2) Where a person who is required under this section to produce his permit—

(a) refuses or fails to produce such permit, or

(b) produces such permit, but fails or refuses to permit an authorised officer making the requirement to read or examine such permit,

the authorised officer may require the person's name and address.

(3) A person shall not refuse or fail to comply with a requirement made to him by an authorised officer under this section.

Powers of entry, inspection, etc., of authorised officers and officers of customs and excise.

51. —(1) An authorised officer may at all reasonable times without warrant enter any authorised racecourse or any betting office or any other place or premises where he has reasonable grounds to believe the business of bookmaking is carried on and may—

(a) require any person whom he has reasonable grounds to believe is carrying on the business of bookmaking or employed in connection therewith to produce all books, accounts or other documents or records relating to bookmaking at an authorised racecourse and, in the case of such information in a non-legible form (including such information in a computer), to produce it in a legible form,

(b) search for, inspect and take copies of or extracts from any books, accounts or other documents or records (including, in the case of any such information in non-legible form, a copy of or extract from such information in a permanent legible form) relating to bookmaking at an authorised racecourse, and

(c) remove and retain the said books, accounts or other documents or records for such period as may be reasonable for further examination.

(2) An officer of customs and excise may at all reasonable times without warrant enter any authorised racecourse or any betting office and may—

(a) require any person whom he has reasonable grounds to believe is carrying on the business of bookmaking or employed in connection therewith to produce all books, accounts or other documents or records relating to bookmaking and, in the case of such information in a non-legible form (including such information in a computer), to produce it in a legible form,

(b) search for, inspect and take copies of or extracts from any books, accounts or other documents or records (including, in the case of any such information in non-legible form, a copy of or extract from such information in a permanent legible form) relating to bookmaking, and

(c) remove and retain the said books, accounts or other documents or records for such period as may be reasonable for further examination.

(3) A person shall not refuse or fail to comply with a requirement made to him by an officer under this section and shall provide to such officer all facilities and assistance necessary for the exercise by such officer of any power conferred on him by this section.

(4) A person shall not by himself, or by any person in his employment or acting by his direction or with his consent, refuse or fail to admit any authorised officer or officer of customs and excise in the execution of his duty requiring to enter a racecourse (or any part thereof) or a betting office in pursuance of this section.

Obstruction of authorised officers or officers of customs and excise.

52. —A person shall not resist, obstruct or impede an authorised officer or an officer of customs and excise in the exercise of any power conferred on him by this Act.

Regulations in relation to authorised bookmakers.

53. —(1) Subject to this section, the Authority may, by regulations, provide—

(a) for fixing the conditions governing and fixing the charges to be made by the executive of an authorised racecourse to an authorised bookmaker for admission to the racecourse (and different charges may be fixed in respect of different authorised racecourses and in respect of different parts of the same racecourse):

Provided that in fixing such conditions and charges, the Authority shall not fix for the admission of an authorised bookmaker to any part of that racecourse a charge exceeding 5 times the charge then made to a member of the public for admission to that part,

(b) for governing the activities of bookmakers at authorised racecourses, including the range of betting services to be made available,

(c) for the provision of facilities for authorised bookmakers by the executive of an authorised racecourse,

(d) for the permitting of authorised bookmakers to operate from betting offices,

(e) for the regulation of—

(i) the range of betting services to be made available at betting offices,

(ii) the structure and location of betting offices,

(iii) the operation and opening hours of betting offices,

(iv) the persons who may be admitted to, or permitted to place bets at, betting offices,

(v) good order and conduct at betting offices.

(2) Any regulations made under subsection (1) (e) (iii) in respect of the opening hours of betting offices shall not permit such betting offices to open for business for any time before the racegoing public are permitted admission by the executive of an authorised racecourse to a race-fixture or to remain open later than one hour after the conclusion of the last race of the fixture.

(3) The Authority where it proposes to make regulations under subsection (1) may have regard to any agreement between authorised racecourses and authorised bookmakers in relation to any matter referred to in that subsection.

(4) A person to whom any regulation made under subsection (1) applies shall comply with such regulation.

Levies payable by authorised bookmakers on course bets.

54.—(1) (a) An authorised bookmaker who enters into a bet at an authorised racecourse (whether on an event taking place there or elsewhere) shall pay to the Authority a levy on such bet.

(b) The rates of levy payable under paragraph (a) shall be—

(i) in respect of a bet with an authorised bookmaker other than in a betting office and placed solely on a horse race taking place at the authorised racecourse at which the bet is placed 5 per cent. or such other percentage as the Authority, with the consent of the Minister, may from time to time prescribe, or

(ii) in respect of all bets placed in a betting office at an authorised racecourse and in respect of any bet placed at an authorised racecourse where all or any part of that bet relates to an event being either a horse race or any other event taking place elsewhere, the same rate of levy as that rate of excise duty which would apply under section 24 of the Finance Act, 1926 (as amended by section 31 of the Finance Act, 1985 ) to such bet if it was placed other than at an authorised racecourse.

(c) If the event the subject of a bet under paragraph (b) (i) is determined in favour of the person with whom the bookmaker enters into the bet, the bookmaker shall, from the total amount which he would otherwise pay or credit to that person in respect of the bet, make a deduction calculated at the rate of percentage referred to in that subparagraph of that total amount.

(d) For the purposes of this section the amount of a bet shall be taken to be the sum which, by the terms of the bet, the bookmaker by whom it is entered into, will be entitled to receive, retain or take credit for if the event the subject of the bet, is determined in his favour.

(2) (a) An authorised bookmaker who fails or neglects to pay any sum payable by him in respect of a levy may have any permit granted to him under section 48 suspended or revoked by the Authority.

(b) The Authority may restore any such permit where it is satisfied that all arrears of levy due under subsection (1) (including interest at an appropriate percentage rate) have been paid.

(3) Every levy payable by any person shall be recoverable from that person by the Authority as a simple contract debt in any court of competent jurisdiction.

(4) (a) Where a bookmaker is found not to have paid levy due or not to have made proper returns to the Authority in respect of such levy or both for a period of one month, the Authority may make an assessment of levy due and may charge interest at an appropriate rate from the day on which any such levy first became due and in doing so shall have regard to the level of interest rates generally in the State.

(b) (i) Subject to subparagraph (ii), interest at an appropriate percentage rate to be charged by the Authority under this section shall be 15 per cent. per annum.

(ii) The Authority may, with the consent of the Minister, if it is satisfied that the appropriate percentage rate for the time being standing specified in this section, ought, having regard to the level of rates of interest generally in the State, to be varied, by regulations vary the rate of interest so standing specified and this section shall have effect in accordance with the terms of any such regulations.

(5) (a) Whenever it is proved to the satisfaction of the Authority that a course bet in respect of which a levy is payable has become a void bet the Authority may subject to such conditions as it thinks fit to impose, either, as the case may require, repay the levy paid or remit the levy chargeable in respect of such course bet.

(b) In this paragraph “void bet” means a course bet placed either on a horse in a race at a race-fixture or on another event which has been abandoned, declared void or postponed to another day or placed on a horse which does not achieve a fair start as required by the Rules of Racing.

(6) Subsection (1) (b) (ii) shall come into operation on such day as the Minister may appoint by order.

Regulations for payment of levies on course bets.

55. —(1) The Authority may make regulations for securing the payment of levies and generally for carrying the provisions in relation to levies into effect and in particular for—

(a) requiring authorised bookmakers who are liable to pay levies—

(i) to enter, in the prescribed manner and at the prescribed time, particulars of all course bets in the prescribed records,

(ii) to retain such records for the prescribed time,

(iii) to send, on the request of the Authority, such records to the Authority,

(iv) to furnish copies of such records to the Authority at such time or times as may be prescribed,

(b) entering into arrangements by the Authority with (and taking security from) authorised bookmakers desiring to pay levies on the basis of returns furnished by them,

(c) the granting to authorised bookmakers by the Authority of remissions or refunds (as the case may require) of a levy in cases in which the whole or any part of the contingent liability of a bookmaker in respect of a bet made, laid or otherwise entered into by him is shown to the satisfaction of the Authority to have been transferred to another bookmaker by means of a fresh bet made, laid or otherwise entered into by the first-mentioned bookmaker with the second-mentioned bookmaker.

(2) A person who, without reasonable cause, contravenes any regulations made under subsection (1) may have any permit granted to him under section 48 suspended or revoked by the Authority.

(3) A person shall comply with any regulation made under this section and shall not make, in any record kept in pursuance of any regulation under this section, any false entry with regard to a course bet.