Clare Daly (Dublin Fingal, Independent)
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233. To ask the Tánaiste and Minister for Justice and Equality if there is discretion for the granting of a gaming licence for a premises located in an area in which gaming is prohibited by a local authority; the course of action open to the local authority, other organisations or citizens in cases in which such a licence is granted; and if he will make a statement on the matter. [50247/18]

David Stanton (Cork East, Fine Gael)
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My Department has no role in respect of the licensing and regulation of gaming machines.

All lawful gaming in amusement and gaming arcades in Ireland is confined to areas in respect of which Part III of the Gaming and Lotteries Act 1956 is in force. Part III is only in force where a resolution has been passed by the relevant local authority.

In the case of amusement and gaming arcades, an application for a certificate may only be made to the District Court in respect of a premises which is located within an area where the local authority has passed a motion adopting Part III of the Act (i.e. where the local authority has allowed gaming in its administrative area).

Under section 15 of the 1956 Act, a District Court may grant a certificate authorising the issue of a licence permitting gaming in an amusement hall or funfair. Section 18 of the 1956 Act allows for an appeal to the Circuit Court from an order (or any particular part thereof) of the District Court refusing an application for such a certificate, or by any person at hearing opposing an application at the District Court from an order (or any particular part thereof) granting a certificate.

Section 19 of the same Act provides that the Revenue Commissioners shall, on the application of a person to whom a certificate for a gaming licence has been granted by the District Court and on payment by that person of the relevant excise duty to Revenue, issue to that person a gaming licence. Applicants are also required to hold a current tax clearance certificate.