James Browne (Wexford, Fianna Fail) | Oireachtas source

I will speak to amendments Nos. 150, 153 and 154 initially as they concern matters to do with applications for a licence. The Bill as published prohibits the presence of children on premises with facilities to withdraw cash on licensees' premises. While this is appropriate for the vast majority of premises where gambling is offered from, it is not practical to apply them to all premises.

Many venues that operate gambling activities at certain times, such as stadiums, racetracks and other similar premises, also offer many other services that do not involve gambling, including private hire for family and corporate functions, other forms of entertainment, restaurants, shops and so forth. In this context, it is not practical to impose a blanket prohibition on having children and ATMs on such premises simply because the operator holds a gambling licence under the Bill. Rather than provide for an outright prohibition on children on licensees' premises, amendments Nos. 150 and 153 provide that applicants may to apply to the authority for authorisation to permit children on their premises and an application will be determined having considered the information provided under amendment No. 168.

Let me be clear. I am not proposing that children will be permitted on premises wholesale, nor am I suggesting that there is a relaxation of any protective measures contained in the legislation. Without these amendments, however, children cannot attend any venue that holds a licence under the Bill, including many sporting venues, stadiums or racetracks, even with their family or parents and even on days when no gambling activities are being offered. I am sure that none of us want to prevent families from attending a festival, concert, sporting event or other occasion with their children simply because the operator of the premises is a licensee.

Regarding ATMs, it is not the intention of the Bill to trespass on or obstruct the conduct of other businesses in multiuse premises because of their proximity to the provision of gambling activities on certain days or during specific sporting events. Many of these venues are located in less populated areas away from ATMs, whereas the majority of in-person gambling premises and bookmakers' shops are usually located in towns and cities and are relatively near ATMs. A person may have a personal preference to withdraw cash to gamble or to purchase food or drink at a bar or restaurant. There may be times when debit cards and payment systems do not work. This blanket prohibition on ATMs could result in people not being able to pay for goods and services, and it could unreasonably obstruct the conduct of other legitimate and unrelated business. Therefore, I am proposing a number of amendments that will give the authority discretion to determine whether a licensee may permit ATMs on their premises.

Amendment No. 154 provides that as part of an application for a new gambling licence or the renewal of a licence, an applicant may request the authority for permission to allow or provide ATMs on their premises as part of an application. Where the authority determines that a licensee may have an ATM on their premises, having considered the factors set out in amendment No. 169, the authority will be able to set conditions on licences concerning the number of ATMs permitted on the premises and the permitted locations of the ATMs.

Where any condition in respect of either the presence of children or ATMs is breached, the licensee will be subject to serious sanctions for non-compliance. Where the breach is sufficiently serious, a licensee may be charged with a criminal offence under section 172 or 173 of the Bill, and if found guilty shall be subject to penalties of up to eight years' imprisonment in respect of children or up to five years' imprisonment in respect of ATMs, or an unlimited fine, or both.

I will now discuss amendments Nos. 155 to 159 together as they address more miscellaneous issues related to applying for a licence. Amendment No. 155 is necessary to clarify how lotteries operate in practice. On Report Stage in Dáil Éireann, I was requested to clarify and ensure that charitable and philanthropic licensees would not have any difficulty in selling tickets for lotteries and raffles either at their premises or away from premises, for example in churches, schools, clubhouses, door to door and at matches, and by children who are members of such organisations. I am happy to provide this reassurance. The amendment clarifies that these activities will not be affected by the Bill and children can continue to sell tickets for their clubs, schools and societies.

Amendment No. 156 removes the requirement on applicants for a charitable or philanthropic licence from having to supply detailed information on the IT systems they use to provide gambling activities.

Amendment No. 157 provides that an applicant for a gambling licence must disclose if they are an applicant for a licence or a licensee under the Consumer Credit Act 1995 and, where an application for a licence was refused or where the licence was varied, suspended or revoked, the reasons for that variation, suspension or revocation.

Given the alternative debt resolution procedures that have been introduced, such as personal insolvency arrangements for example, with amendment No. 158 we are widening the information required from licence applicants to include any other arrangements or compositions with creditors.

Amendment No. 159 provides that where a premises is operated by Rásaíocht Con Eireann or Horse Racing Ireland and where other gambling licensees may also operate from those premises, only the overall operators of the premises shall make an application to permit children and-or ATMs on those premises.

With regard to amendments Nos. 151 and 152 from Senators Ruane and Higgins, unfortunately I cannot accept amendment No. 151 as I am satisfied that the mandatory obligations and conditions imposed on licensees by the Bill sufficiently address and include the issues the Senators have raised. I do not agree that licensees should specify the measures they propose to take, nor can I see how any failure to follow those voluntary measures could be enforced by the authority.I cannot accept amendment No. 152 as it is not practical to expect an applicant to give detailed information they may potentially store or process in the future as part of an application.

Amendment No. 160 is a technical amendment to section 94 to reflect the updated numbering in section 93. Amendment No. 161 updates section 94(2)(f)(i), whereby an applicant for a betting licence must disclose if the applicant, a relevant officer or a beneficial owner of the applicant unreasonably refused to pay out winnings under the 1931 Act when applying for a betting licence from the authority. Amendment No. 162 is necessary to accurately reflect how betting operates in practice in the terminology of the Bill.

Amendments Nos. 163 and 164 update section 94(2)(g), whereby a body corporate that is an applicant for a betting licence from the authority must disclose if the applicant, a relevant officer or a beneficial owner of the applicant unreasonably refused to pay out winnings or refund deposits to a person who won while engaged in betting with the applicant under the 1931 Act when applying.

Amendment No. 165 provides for additional information that must be included as part of an application for a new in-person gambling liocence, to renew a licence or to add new premises to an existing licence. Amendment No. 166 provides the authority may request additional information concerning a premises when assessing the premises. Amendment No. 167 is a minor technical amendment to replace the “and” at the end of section 95(c)(v) with the word “or”.

Amendment No. 168 provides that the following information must be included when making an application to allow children on a premises: the reasons why children should be allowed on the premises and details of all non-gambling activities provided at the premises, including other commercial or recreational offerings.

Amendment No. 169 provides that the following information must be included as part of an application to allow ATMs on the premises: the number of ATMs already available on the premises; the number of ATMs sought to be provided on the premises; the proximity of the nearest ATM to the premises; all non-gambling activities that will be provided on the premises; and the location of any ATMs already on the premises.

Amendments Nos. 183 and 184 are technical amendments which refer to the correct renumbered subsections 93(1) and 99(1), respectively. Amendment No. 185 corrects a minor drafting error in the Bill.

Amendment No. 186 is a technical amendment. Amendments Nos. 187, 189 and 190 are necessary to refer to the updated, renumbered section 93(1). Amendment No. 188 removes the obligation on charitable or philanthropic licensees to submit detailed technical information when seeking to renew a licence to provide gambling activities by remote means.

Amendment No. 191 provides that where an applicant seeks to renew an in-person gambling licence, they must provide the documentation and information required under section 95 as part of the application. Amendment No. 192 provides that where an applicant seeks to renew an in-person gambling licence where ATMs were not previously permitted on the premises, they must include information specified in section 95(3). Amendment No. 193 provides that where an applicant seeks to renew a licence for a charitable or philanthropic purpose and wishes to allow its members or agents to sell tickets away from the premises listed in the application, a statement to that effect, including why the applicant feels it is necessary, must be provided to accompany the application for renewal. Similarly, in the case of schools, sports clubs and other charitable or philanthropic causes where children may be members, applicants must include a statement that children may be selling tickets or providing a gambling activity and the reasons the children will be doing so. Amendment No. 194 is necessary to refer to the updated, renumbered section 93(1).

Amendment No. 195 provides that where a premises is operated by Rásaíocht Con Éireann or Horse Racing Ireland, where other gambling licensees may also be operating from those premises, only the principal licensee shall apply to the authority to permit children and-or ATMs on those premises when applying to renew an in-person gambling licence. Amendment No. 196 provides that where an applicant for a charitable or philanthropic once-off licence or for renewal of such a licence seeks to provide gambling activities away from its premises or intends to use children to sell tickets, the authority may seek further information concerning the application.

Amendment No. 197 provides that the authority shall reissue an updated version of a varied gambling licence in question within 14 days of granting the application for variation. Amendment No. 198 corrects a drafting error. Amendment No. 199 inserts an "or" at the end of section 106(4)(a).

Regarding amendment No. 233, section 122 provides that a licensee of a business-to-business licence may apply to the authority to vary the products and services they may provide pursuant to their licence. Amendment No. 233 provides that such an application must be in the form and manner specified by the authority and accompanied by an application fee.