The gambling laws in Ireland can be confusing simply because of the changes that have taken place over the last 10 years within the regulatory structure of the Irish gambling industry. While all of these changes may be hard to keep up with, they demonstrate Ireland’s commitment to remaining relevant and keeping pace in a thriving, technology driven industry that will not withstand an outdated set of statutes or laws.
A high-level, strategic review of gambling policy, practice and law is underway. Ministerial announcement. Following the public consultation on the future of gambling in Northern Ireland, the Minister announced that gambling laws will be updated and improved and outlined his proposals to the Northern Ireland Executive. Casinos are illegal in Ireland, as per the 1956 laws on gambling and betting. Unlike in the UK, there are no land-based casinos in Ireland, at all. But betting establishments do exist, thanks to a loophole in the laws. Online gambling is perfectly legal in Ireland. Lawmakers have adopted specific gambling laws which make it legal for Irish citizens to engage in online gambling through legally licensed offshore sites as well as domestic certified sites. Questions have been raised over the enforcement of new gambling laws. The Government has approved a new maximum stake of €5 for gambling machines. It is also proposed to limit the maximum payout.
This page was developed by experienced gambling industry professionals who have an insightful and thorough understanding of legal online gambling in Ireland. They are not lawyers however, and do not provide legal advice or professional legal services of any kind. If you are seeking legal advice concerning gambling in Ireland, we suggest you contact an attorney who specializes in gambling laws.
Gambling Laws in Ireland
Regulated gambling in Ireland began taking shape in the mid 1800s with the Betting Act of 1854, and has very slowly evolved into the more modern regulatory structure you see now. Ireland’s lawmaker have worked hard to get their legal status up to par with the current gambling industry environment that is present world wide. It may have taken some time for this to happen, and it may not yet be perfect, but it certainly is getting better and better, with the changes clearly resonating the nation’s interest in establishing itself as a significant presence in the global gambling market. This page will take a look at relevant gambling laws broken down by betting venue.
Casino Gambling Laws in Ireland
Before 1956, there was not much regulatory oversight concerning most forms of gambling in Ireland. Casino gambling was finally addressed through the Gaming and Lotteries Act of 1956. The law prohibits commercial casinos from operating in Ireland. A loophole in the law has driven innovative business owners to establish members only gambling clubs, which are not prohibited in Ireland. These clubs are essentially mini-casinos that provide various casino games, including slots, video poker, poker games and blackjack, among other games. There are approximately 14 of these destinations in Ireland at the time of this writing, and they require a membership in order to participate. Most of them are known as clubs, but a few are actually called casinos. Playing casino games for real money at these clubs does not violate the Gaming and Lotteries Act of 1956.
An effort was recently made to legalize casino gambling in Ireland and provide a regulatory infrastructure for playing casino games for real money on a large scale. The Gambling Control Bill of 2013, authored by Alan Shatter, has not yet been passed by Parliament. If passed, the bill will allow up to 40 legal land based casinos with up to 15 tables each. The bill also included provisions for regulating and expanding the casino, poker and bingo industry both online and offline. There is no estimate of when the passage of this bill may take place.
Online Casino Gambling Laws in Ireland
Online casino gambling is also legal in Ireland. Ireland’s gambling laws have specifically made it legal for citizens to engage in licensed and regulated offshore gambling as well as licensed domestic online gambling. Online casino gambling really emerged in 2001, but it wasn’t until 2003 that Ireland really embraced the concept more fully and began integrating locally licensed interactive betting into their gambling market. Currently both locally licensed and licensed offshore online casino gambling is legal for Irish citizens to enjoy. You can visit our page covering Ireland online casinos to learn more about the leading online casino destinations that welcome Irish players.
Poker Laws In Ireland
Live poker is legally available through several of the various gambling clubs located in Ireland. Since most forms of gambling are prohibited through the Gaming and Lotteries Act of 1956, including commercial casinos and poker rooms, punters are limited to one of the 14 gambling clubs located in Ireland if they are seeking live poker action. These destinations offer live poker games, just not on a very large scale in most cases. Due to the limits of land based poker in Ireland, many players have elected to engage in the further reaching legal online poker options afforded to Irish players.
The Irish Open Poker Tournament is Europe’s largest poker tournament, and the second longest running No Limit Texas Holdem tournament in the world. This is a strong indication of the following poker holds in the gambling industry in Ireland. Poker is undeniably a significant presence in the fabric of Irish gambling entertainment.
Laws About Playing Online Poker In Ireland
Like the casino niche, poker is legally available online through both domestically licensed and offshore licensed online poker rooms. You will find a listing of the online poker sites that our analysts have vetted and approved as premium, Irish online poker rooms. Each of them is legally licensed and regulated through either the Republic of Ireland or a respected governing jurisdiction located offshore.
Sports Betting Laws in Ireland
Bookmaking and pari-mutuel wagering have the longest standing history in Ireland. This being the case, the nation’s earliest gambling laws were focused on these venues. The Betting Act of 1931 regulated all sports betting activities until 2015. Bookmaking has been and continues to be the most popular form of gambling among Irish citizens. This 1931 law has finally been updated with recent legislation that is more relevant to modern bookmaking entertainment, known as the Betting (Amendment) Act of 2015. This Act was signed into law in 2015, and was enacted to establish a means for offshore sportsbooks and betting exchanges to become integrated into Irish licensing policies and taxation requirements. The law effectively alters standard bookmaking licensing to also include limited remote betting with revenue restrictions. This bill had made it illegal for online betting businesses to offer their services to Irish citizens without first acquiring a remote bookmaker or betting intermediary license. Specific licensing requirements and procedures are established in the Betting (Amendment) Act 2015.
Learn more in our Ireland sports betting section.
Pari-Mutuel Wagering Laws
Pari-mutuel wagering has long been a part of Ireland’s gambling culture, well before regulated gambling took shape in the nation. The most current legislation related to racing is the Horse and Greyhound Racing Act 2001. This law created Horse Racing Ireland (HRI) to oversee the administration, development and regulation of the industry. The law also dissolved the Irish Horse Racing Authority, while effectively amending and extending the Horseracing Industry Act of 1994, the Greyhound Industry Act of 1958 and the Betting Act of 1931. Irish citizens can bet on horse races both online and offline from domestically licensed racetracks and bookmakers as well as online at legally licensed offshore sportsbooks.
Bingo Laws And Regulations In Ireland
The Gaming and Lotteries Act of 1956 prohibits commercial bingo halls and bingo games for real money outside of licensed charitable gambling events. That being said, bingo proprietors simply use the same loophole as do the casino and poker gambling venues, and have proceeded to establish multiple bingo gambling clubs. These clubs offer a bingo hall environment and the opportunity to play bingo for real money.
As an alternative, there are a number of legally sanctioned, high quality online bingo opportunities available to Irish punters offered through both domestically based and international bingo sites. The bingo sites you see mentioned in our guide to understanding Legal Bingo Gambling Options in Ireland will provide you with a refined listing of the industry’s leading online bingo sites that are legally licensed and regulated, and that accept players from Ireland.
Lottery Laws In IE
The nation’s lottery industry was created through the National Lottery Act of 1986, and was established for the purpose of raising funds for good causes. Operations for the National Lottery began in 1987 with scratchcard games, followed by the Lotto game in 1988. You can play three types of drawing games in Ireland, including Lotto, EuroMillions and Daily Million. The National Lottery also funds televised bingo and games shows, sells scratchcards and operates Millionaire Raffles.
Fast forward to today’s technological age and we see Ireland’s legal lottery industry enact the National Lottery Act of 2013. This law was established to facilitate the sale of the National Lottery License to a third party. This was driven by financial hardships experienced by the Republic of Ireland, and provided swift financial relief for them. In addition, the law eliminated restrictions on interactive gambling in order to foster the online sale of lottery tickets. A portion of the sale from the national lottery license was used to assist in the building of a national children’s hospital.
Recent Gambling Legislation In Ireland
The gambling markets in Ireland and around the world are consistently evolving, particularly with the integration of online betting into the gambling entertainment industry. Here we will take a look at recent or pending legislation that is becoming a part of the regulatory framework of Irish gambling laws.
Courts & Civil Liabilities (Miscellaneous Provisions) 2017
The Irish Cabinet recently approved new legislation that would amend a few things with the current gambling law. The Courts and Civil Liabilities (Miscellaneous Provisions) bill is modernizing the Gaming and Lotteries Act of 1956. The bill raises the legal gambling age from 16 to 18. The current legislation permits 16-year-olds to enter establishments like carnivals and amusement halls with slot machines, funfairs or sports betting events. The new bill also raises the stakes and prize pot limits of local lotteries. The standing legislation requires lotteries of up to €5,000 to obtain a permit from a Garda superintendent and lotteries with prizes up to €30,000 to get a license from the District Court. As things stand now, Parliament is aiming to have this legislation voted on and approved by the end of the year.
An extract from The Gambling Law Review, 5th Edition
Overview
i DefinitionsMany forms of gambling have been regulated in Ireland for centuries. Irish law distinguishes primarily between three main forms of gambling: betting, gaming and lotteries.
BettingBetting is governed by the Betting Act 1931, as amended by the Betting (Amendment) Act 2015 (the Betting Acts).
The word 'bet' is not defined in Irish law. Instead, the Betting Acts state that 'the word bet includes wager'. The scope of what constitutes a bet has fallen to be determined at common law by the courts, although case law is rare. In Mulvaney v. The Sporting Exchange Ltd trading as Betfair, Clarke J stated that:
While bookmaking is not defined in that legislation it seems to me that the term bookmaker derives from a person or body 'making a book' on an event. In other words, the person or body concerned offers odds on all or a significant number of eventualities arising in respect of the same event (for example, offers odds on each horse winning or offers odds on either team winning a football game, or, indeed that game resulting in a draw). Thus, a person carrying on the business of bookmaking is someone who habitually offers to cover a range of possible eventualities on future uncertain events. Two private individuals entering into a wager on the same future uncertain event could not remotely be said to be engaged in the business of bookmaking.
Accordingly, the general consensus arising from case law is that betting encompasses a bookmaker setting fixed odds against a future event, taking bets on that event and paying out winnings.
GamingGaming is governed primarily by the Gaming and Lotteries Acts 1956–2013 (the Gaming and Lotteries Acts).
Gaming is defined in the Gaming and Lotteries Acts as 'playing a game (whether of skill or chance or partly of skill and partly of chance) for stakes hazarded by the players'. A stake is defined as including 'any payment for the right to take part in a game and any other form of payment required to be made as a condition of taking part in the game but does not include a payment made solely for facilities provided for the playing of the game'.
LotteriesLotteries are permitted by the Gaming and Lotteries Acts, but are heavily regulated and there are restrictions on their operation. As per the Gaming and Lotteries Acts, a lottery 'includes all competitions for money or money's worth involving guesses or estimates of future events or of past events the results of which are not yet ascertained or not yet generally known'.
The Irish National Lottery falls outside the scope of the Gaming and Lotteries Acts and, instead, is regulated by the National Lottery Act 2013 (the 2013 Act), which repealed and replaced the terms of the National Lottery Act 1986. In 2013, following a competitive tender process, the Irish government awarded a 20-year licence to operate the Irish National Lottery to a consortium involving An Post (the Irish post office) and led by the UK national lottery operator, Camelot. The most notable feature of the 2013 Act is the establishment of a new office, the Regulator of the National Lottery, whose primary functions are to ensure that the Irish National Lottery is run with all due propriety, to ensure that participants' interests are protected and to ensure that the long-term sustainability of the Irish National Lottery is safeguarded.
Tote/pari-mutel bettingThe Totalisator Act 1929 provides for the establishment and regulation of the Totalisator by the Irish Revenue Commissioners. The Irish Horse Racing Industry Act 1994 provided that the Irish Horse Racing Authority could apply for and hold a totalisator licence. This was later transferred to Horse Racing Ireland by the Horse and Greyhound Racing Act 2001, and the licence is currently held by a subsidiary of Horse Racing Ireland called Tote Ireland. Tote Ireland's current licence is due to expire in 2021. Bord na gCon (the national greyhound board) is licensed to operate a totalisator at greyhound tracks.
Financial spread bettingSpread betting on financial instruments is governed by the Markets in Financial Instruments Directive (2004/39/EC) and regulated by the Central Bank of Ireland.
Prize bondsIrish Government Prize Bonds are regulated separately from other forms of gaming and lotteries. They are described in the Finance (Miscellaneous Provisions) Act 1956 as non-interest bearing securities that are 'subject to such conditions as to repayment, redemption or otherwise as [the Minister] thinks fit and in relation to which chance may be used to select particular securities for prizes'.
Pool bettingThere is no equivalent in Ireland to the types of pool betting licences (non-remote and remote pool betting licences) that can be obtained from the UK Gambling Commission and that can be used by operators to provide pool betting or fantasy sports products. Instead, if an operator in Ireland wishes to provide a pool betting or fantasy sports product in which the amount of money won by the successful customers is calculated by dividing the total pool (minus commission) by the number of winners, it would be necessary to analyse the characteristics of the product to determine whether it could be characterised as a bet or a game under Irish law.
Betting on lotteriesThere is no specific licence in Ireland for betting on the outcome of lotteries. There are a number of operators offering such products to Irish consumers under a remote bookmaker's licence. There is no prohibition on betting on the result of the Irish National Lottery.
ii Gambling policyAlthough gambling has a long history in Ireland, the Irish authorities have recognised that the legislation governing gambling requires modernisation. As currently drafted, betting (remote, non-remote and intermediary) is permitted where a licence has been issued under the Betting Acts. Gaming and lotteries (except for the National Lottery) are primarily governed by the Gaming and Lotteries Acts. However, under the Gaming and Lotteries Acts, gaming is prohibited unless it falls under one of the exemptions contained in the Acts.
Those exemptions broadly relate to gaming that takes place in circuses, carnivals and amusement halls, and gaming that is operated in a certain way. The Gaming and Lotteries Acts have not been updated to take account of internet gaming. It is, however, common for operators that are lawfully licensed overseas to offer online gaming services to Irish customers provided that the gaming contracts are not governed by Irish law.
There is a political desire to modernise Irish gambling law. On 15 July 2013, the government published the heads of the Gambling Control Bill 2013 (the Scheme), which, if enacted, would have modernised Ireland's legislative framework for all types of online and land-based gambling. However, in early 2018, media reports indicated that there were plans to scrap the Scheme and prepare and publish a new, updated Scheme, on the basis that the original Scheme is now considered outdated and no longer fit for purpose. In March 2019, the government approved the establishment of a gambling regulatory authority and the publication of the Gaming and Lotteries (Amendment) Bill 2019 (the 2019 Amendment Bill), which provides for the long overdue modernisation of the Gaming and Lotteries Acts, and the 2019 Amendment Bill was subsequently passed by Dáil Éireann (Irish parliament) on 4 December 2019 and by Seanad Éireann (Irish senate) on 11 December 2019, although it has not commenced yet. See Section VIII for further information.
The Irish National Lottery is designed to raise money for charities and good causes.
iii State control and private enterpriseFor the most part, gambling in Ireland is the subject of private enterprise and the normal principles of free competition apply. Private citizens and companies, whether based in Ireland or abroad, are entitled to apply for a betting licence subject to fulfilling the various requirements to obtain a licence. The main exception to this policy is the Irish National Lottery, which is the subject of the 2013 Act, under which a single licensee is chosen to operate the Irish National Lottery following a competitive tender.
iv Territorial issuesWhere regulated, gambling is generally regulated nationally. There are generally no special states, municipalities or localities in Ireland that have separate gambling legislation. Northern Ireland is part of the United Kingdom and its gambling laws are separate to those of the Republic of Ireland.
v Offshore gambling
Offshore gambling operators who offer betting services or betting intermediary services by remote means to Irish citizens are required to obtain either a remote bookmaker's licence or remote betting intermediary's licence from the Irish authorities under the Betting Acts. Remote in this context is described as meaning, in relation to a communication, any electronic means including the internet, telephone and telegraphy (whether wireless or not). It is clear from the list of operators who have obtained the necessary licences that there is a significant number of offshore gambling operators offering betting products to Irish citizens.
Online gaming products (e.g., casino, slots, bingo) are governed by the Gaming and Lotteries Acts, although the legislation has not been updated to take account of online internet gaming. The focus of the Gaming and Lotteries Acts is on gaming carried out in amusement halls, arcades, funfairs, carnivals, travelling circuses and slot machines and therefore quite how it is to be applied to the type of games offered online is unclear. However, it is common for operators who are licensed in other jurisdictions to offer online products to Irish customers. It is important in such circumstances that the contract between the operator and the Irish customer is not governed by Irish law. Operators should also be aware that the Gaming and Lotteries Acts prohibit the promotion, advertising and the provision of unlawful gaming products so it is important that operators are familiar with these provisions.
Gambling Ireland Legal News
The Irish Revenue Commissioners actively monitor compliance by remote operators with the licensing regime that applies for remote bookmakers and remote betting intermediaries. We are aware that the Irish Revenue Commissioners have actively pursued operators who have not registered as remote bookmakers and remote betting intermediaries. In addition, we are also aware that the Irish Revenue Commissioners actively follow up with operators if they are not registered and paying remote betting tax, remote intermediary duty and VAT on e-gaming activities, and have wide-ranging powers in order to ensure compliance.
Under the Betting Acts, the Irish Revenue Commissioners have the power to issue compliance notices to third parties who provide facilities or services (e.g., advertising, internet service provider (ISP), telecommunications, payment services) to unlicensed remote betting and betting intermediary operators requesting them to cease supplying such services to unlicensed operators. Failure to comply with a compliance notice is an offence and can lead to a fine of up to €50,000. In addition, various civil and criminal sanctions may also apply.
Legal and regulatory framework
i Legislation and jurisprudenceThere are a number of different, parallel legislative regimes that control and regulate gambling in Ireland:
- the Betting Acts, which govern betting in Ireland;
- the Gaming and Lotteries Acts, which govern gaming, lotteries and other similar activities;
- the National Lottery Act 2013, which governs the Irish National Lottery; and
- the Totalisator Act 1929, which governs the Totalisator.
These legislative regimes are currently under review by the Irish legislature and reform is expected in 2020 and 2021 (see Section VIII).
ii The regulatorThere is currently no Irish equivalent to the UK Gambling Commission, although in March 2019, the government approved the establishment of a gambling regulatory authority. According to the Minister of State with special responsibility for gambling regulation, David Stanton TD:
A modern and effectively regulated gambling environment will ensure, to the greatest extent possible, that gambling will be a safe, fair and entertaining activity for the majority of those who choose to take part in it. We must ensure that it will provide enhanced consumer protection for players while limiting to the greatest extent possible the harmful effects on young people and those who may be susceptible to addiction.
The bookmaker, remote bookmaker and remote betting intermediary licences are granted by the Irish Revenue Commissioners, who administer the licensing process and maintain public registers of those who have been granted a licence. As part of the process of obtaining a licence, the applicant (or the relevant officers of the applicant where the applicant is a company) must first obtain certificates of personal fitness. The Department of Justice and Equality is charged with awarding certificates of personal fitness to overseas applicants. Applicants who are based in Ireland may apply for a certificate of personal fitness from a superintendent of the Irish police.
The Irish National Lottery is regulated by the Regulator of the National Lottery, whose primary functions are to ensure that the Irish National Lottery is run with all due propriety, to ensure that participants' interests are protected and to ensure that the long-term sustainability of the Irish National Lottery is safeguarded. Small lotteries (which must be carried out for a charitable purpose) may be carried out under a permit granted by a superintendent of the Irish police or a licence granted by a district court.
The licensing of amusement halls and funfairs may be determined by a local authority or local district court. Certain very limited (and low-stakes) gaming may take place in these venues with the appropriate licence. The Irish Revenue Commissioners also licenses low-stakes gaming machines. See Section VII for details of some developments in this sphere in the previous 12 months.
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The Totalisator is governed by the Totalisator Act 1929, which provides that the Minister for Finance awards the relevant licence to operate the tote.
Spread betting on financial instruments is governed by the Markets in Financial Instruments Directive (2004/39/EC) and regulated by the Central Bank of Ireland.
iii Remote and land-based gamblingThe Betting (Amendment) Act 2015 (the 2015 Act) brought remote bookmakers (e.g., internet and mobile betting providers) and remote betting intermediaries (e.g., betting exchanges) within the scope of the existing licensing regime that applied to bricks-and-mortar betting shops in Ireland. The 2015 Act extended the existing 1 per cent turnover on a bookmaker's activities to online and mobile operators and introduced a 15 per cent commission tax on betting exchanges. These rates have since increased to 2 per cent and 25 per cent respectively since 1 January 2019. 'Commission charges' are defined in the Finance Act 2002 (as amended) as 'the amounts that parties in the State to bets made using the facilities of a remote betting intermediary are charged, whether by deduction from winnings or otherwise, for using those facilities'.
Under the 2015 Act, a traditional land-based bookmaker's licence permits a limited amount of remote betting without the need to obtain an additional remote bookmaker's licence. The value of remote betting on a standard bookmaker's licence may not exceed the lower of €200,000 or 10 per cent of that bookmaker's yearly turnover.
The Gaming and Lotteries Acts apply to all forms of gaming, but have not been updated since the introduction of remote gaming (although note the changes that the 2019 Amendment Bill will introduce when it commences). See Section VIII, below, for details of the reform that is anticipated in this area.
iv Land-based gamblingWhile the Betting Acts envisage the business of bookmaking being carried out in registered bookmaker's premises, the Gaming and Lotteries Acts provide for a number of different locations in which forms of gaming can take place (e.g., amusement halls, carnivals and circuses). Depending on the type of gambling to be performed, there are a range of restrictions. There is no formal limit on the number of gambling premises of a particular type that can be granted.
Casinos are illegal in Ireland if they promote or provide facilities for any kind of gaming that is deemed 'unlawful gaming' for the purposes of the Gaming and Lotteries Acts. This includes gaming in which, by reason of the nature of the game, the chances of all the players, including the banker, are not equal, or gaming in which any portion of the stakes is retained by the promoter or is retained by the banker other than as winnings on the result of the play. Private arrangements are excluded from the scope of the Gaming and Lotteries Acts. This has given rise to the operation of private members' clubs as casinos and card clubs, which it may be argued fall outside the prohibitions on gaming contained in the Gaming and Lotteries Acts. Aside from the requirement to become a member, a process that is not standardised, the opening hours, age restrictions and general operation of such clubs are not regulated.
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The Totalisator Act 1929 provides for the establishment and regulation of the Totalisator by the Irish Revenue Commissioners. The Irish Horse Racing Industry Act 1994 provided that the Irish Horse Racing Authority could apply for and hold a totalisator licence. This was later transferred to Horse Racing Ireland by the Horse and Greyhound Racing Act 2001 and the licence is currently held by Tote Ireland. As stated in Section I, Tote Ireland's current licence is due to expire in 2021. Bord na gCon is licensed to operate a totalisator at greyhound tracks.
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v Remote gamblingRemote betting and the provision of remote betting intermediary services are generally permitted in Ireland, meaning that an operator that is licensed by the Irish Revenue Commissioners in Ireland may provide betting services to Irish citizens in Ireland by remote means using equipment which may be located in Ireland or abroad.
As stated in Section I.v, online gaming products such as casino, slots and bingo are governed by the Gaming and Lotteries Acts, although that legislative regime has not been updated to take account of online internet gaming. The focus of the Gaming and Lotteries Acts is on gaming carried out in amusement halls, arcades, funfairs, carnivals, travelling circuses and slot machines, and therefore it is unclear how it is to be applied to the type of games offered online. It is common, however, for operators who are licensed in other jurisdictions to offer online products to Irish customers. It is important in such circumstances that the contract between the operator and the Irish customer is not governed by Irish law. Operators should also be aware that the Gaming and Lotteries Acts prohibit the promotion, advertising and the provision of unlawful gaming products so it is important that operators are familiar with these provisions.
vi Ancillary mattersSuppliers of key equipment (e.g., manufacturers of gambling equipment or software suppliers) are not currently required to obtain licences in order to supply to operators. This may be set to change when the Scheme is enacted (see Section VIII).
vii Financial payment mechanismsThere are no specific restrictions on payment mechanisms for gambling in Ireland. Again, this may be set to change when the Scheme is enacted (see Section VIII).