Mr. Don Bird:

The Irish Showmen's Guild was established in 1954 to look after the interests of the showmen who operate Irish based funfairs, fairgrounds and circuses. We currently have 105 members representing about 80 families. Most of our members run small, family-owned operations and have been involved in the industry for several generations. The Irish Showmen's Guild is affiliated to the European Showmen's Union, a trade body representing the interests of showmen at European level. The work of the guild involves a broad range of technical, social and administrative issues relating to our industry and recognises the importance of working with all relevant statutory bodies in the regulation of our industry.

The Irish Showmen's Guild was proactive in the drafting of the original Gaming and Lotteries Act 1956 and subsequent amendments. In previous submissions, particularly in 1984 and 1999, the guild highlighted areas within the Gaming and Lotteries Act 1956 that were causing difficulties for our members and the enforcement authorities. Our concerns and recommendations for change have remained consistent throughout the decades.

Within head 1, definitions and interpretation, the definition of "gaming" constitutes probably the most important part of the Gaming and Lotteries Act 1956 that adversely affects the operation of traditional fairground prize stalls. The original definition of gaming as "playing a game, whether of skill or chance or partly of skill and partly of chance, for stakes hazarded by the players" has failed to keep abreast of technological change and progress. It is the opinion of our members that the traditional fairground prize stalls such as hoopla, darts, delph, coconut-shy or other variation of prize stall with redemption of non-cash prizes should be considered separately from the proposed definition of gaming.

The nature of the traditional fairground prize stall involves the direct presence of a fairground operator who must travel and operate his particular prize stall as opposed to a gaming machine which can be sited and operated without the direct supervision and operation of the owner or operator. It is the personal presence of the fairground operator which sets the traditional fairground game apart from the gaming machine. In this instance the stake required must cover the fairground operator's costs, including the substantial cost of transportation of the funfair from site to site and the cost of the prizes, wages and rent.

The general scheme of the proposed gambling control Bill 2013 proposes to define a funfair as a fair consisting wholly or principally of the provision of amusements and subsequently defines gambling as amusements. Gaming and the presence of prize stalls in particular are never the main activity of the funfair.

The Planning and Development Act 2000 (Certification of Fairground Equipment) Regulations 2003 refer to the definition of a funfair as having the meaning as defined in section 239(1) of the Act of an entertainment where fairground equipment is used. The guild contends that section 6(1) of the Gaming and Lotteries Act 1956 sufficiently clarifies this by stating:

Gaming carried on at any place as part of a circus or other travelling show shall not be unlawful gaming if---

(a) gaming is not the main activity at the show,

We suggest that a more appropriate definition of "funfair" might be an entertainment where fairground equipment is used and gaming is not the main activity of the event. A prize stall in a fairground situation certainly involves a non-monetary prize game. This suggestion does not include the potential use of a gaming machine in a travelling fairground gaming arcade both of which are clearly defined in the general scheme.

In May 1999, the then Minister for Justice, Equality and Law Reform, Mr John O'Donoghue, established an interdepartmental group to review the regulatory environment within which gaming and lottery activities are carried out.

The review group's report suggested that, subject to appropriate safeguards, gaming in line with the revised legal requirements should be permitted in association with events such as funfairs, carnivals and other special or one-off events. It recommended:

Gaming in conjunction with carnivals, travelling shows [funfairs] etc., conducted in accordance with the general provisions of the new legislation, should be allowed under temporary permit from the Gaming and Lotteries Authority. Such permits may attach additional conditions as appropriate to the circumstances.

The arrangements for these events should be such so as to provide for adequate safeguards in order to prevent under-age gaming.

The subsequent report of the casino committee, Regulating Gaming in Ireland, noted that the "Committee is not recommending preferential treatment for already licensed operators in that industry; it is simply acknowledging that they are engaged in lawful activity and that, in developing the new licensing regime, careful consideration should be given to the status of this sector”. The casino committee could have avoided ambiguity by separating its consideration of what definee an amusement hall and a travelling fun fair. We are delighted to note that the general scheme defines both separately.

On head 70, "No 'young persons' as employees or players", if not appropriately amended, the Gambling Control Bill 2013 would potentially impose an age limit on participants at the traditional fairground prize stall. There should be no age limit imposed on participants in these family activities. We wholeheartedly agree that the age limit for gaming machines should be increased to the suggested 18 years and that they should be confined to specific areas to achieve the primary purpose of protecting vulnerable people, including children.

On head 54, "Hours of business", many of our members attend annual seasonal festival events throughout the country. As part of festivals and community events, music and street entertainment can go on late. The proposal within the general scheme that a mobile gaming facility at funfairs and circuses conclude at 10.30 p.m. is, therefore, unreasonable when compared with the proposal that gaming in a public place such as a shopping centre and airport concourse must conclude by midnight.

We thank the committee for the opportunity to make this presentation. We will, of course, be happy to reply to questions committee members may have.