Gaming and Lotteries Act 1956

F28[Lottery permits

27B

27B. (1) Subject to the provisions of this Act, a person may apply to the superintendent of the Garda Síochána for the district in which he or she ordinarily resides for a permit (in this Act referred to as ‘a lottery permit’) authorising the person to promote a lottery in accordance with this section.

(2) An application for a lottery permit shall

(a) be in such form as may be specified by the Minister,

(b) be accompanied by the prescribed fee, and

(c) be made to the superintendent of the Garda Síochána concerned not less than 60 days before the first day on which it is intended to promote a lottery to which the application relates.

(3) A person who applies for a lottery permit under this section shall provide the superintendent of the Garda Síochána to whom the application concerned is made with all such information as he or she may request for the purpose of the performance of his or her functions under this section and if the person fails to comply with this subsection, the superintendent may refuse to grant the person the permit.

(4) A superintendent of the Garda Síochána to whom an application for a lottery permit is made under this section shall, not later than 28 days after receiving the application, either

(a) grant the application and issue a lottery permit to the applicant in such form and specifying such matters as the Minister may determine, or

(b) refuse the application.

(5) In considering an application under this section for a lottery permit, the superintendent of the Garda Síochána concerned shall have regard to the following:

(a) the character of the applicant, or in the case of a body corporate, of the persons exercising control and management thereof;

(b) the number of lottery permits already issued in the locality;

(c) the suitability of the premises (if any) proposed to be used.

(6) A lottery permit, if not previously revoked or suspended under section 46 (inserted by section 19 of the Gaming and Lotteries (Amendment) Act 2019) shall continue in force for such period not exceeding 12 months as may be specified in the permit and shall then expire.

(7) A lottery under this section may be promoted for the benefit of the holder of the permit or for a charitable or philanthropic purpose.

(8) A person who holds a lottery permit shall not transfer that permit to any other person and any such purported transfer shall be void and of no effect.

(9) (a) A person who holds a lottery permit shall not accept a stake from a person under the age of 18 years.

(b) A person who contravenes paragraph (a) shall be guilty of an offence.

(c) Where a person is charged with an offence under this subsection it shall be a good defence to such charge to prove that the person so charged believed and had reasonable cause for believing that the person in respect of whom such offence is alleged to have been committed was of or over the age of 18 years.

(10) The following conditions shall attach to a lottery permit:

(a) the value of each prize shall be stated on every ticket or coupon or, where the lottery is conducted in a premises, such information shall be prominently displayed at the normal means of access to the premises proposed to be used;

(b) the price of each ticket shall not be more than €10;

(c) the total value of the prizes in a lottery shall not be more than €5,000 or where more than one lottery is held in any week the total value shall not be more than €5,000;

(d) not more than 5 per cent of the total proceeds shall be retained by the holder of a lottery permit when the lottery is held for the benefit of a charitable organisation.

(11) A person who holds a lottery permit shall comply with the conditions of the permit.

(12) A person who contravenes subsection (11) shall be guilty of an offence.

(13) The Minister may by regulations vary the amounts specified in subsection (10).

(14) Before making regulations under this section, the Minister shall have regard to the following:

(a) the number of lottery permits and licences in force under this Act at that time;

(b) any other lottery conducted in accordance with law;

(c) charitable or philanthropic giving in society generally.

(15) Every superintendent of the Garda Síochána shall keep a register of all lottery permits

(a) issued by him or her under this section, and

(b) any such permits revoked or suspended under section 46 (inserted by section 19 of the Gaming and Lotteries (Amendment) Act 2019).

(16) Every register maintained under this section shall be open for inspection at all reasonable times by members of the public.

(17) A person to whom a lottery permit has been refused under this section may appeal the refusal to a judge of the District Court assigned to the District Court district in which the lottery is to be held is situated.]

Annotations:

Amendments:

F28

Inserted (1.12.2020) by Gaming and Lotteries (Amendment) Act 2019 (44/2019), s. 11, S.I. No. 227 of 2020.