F34[28. — (1) A person may apply to the District Court for a licence (in this Act referred to as "a lottery licence") authorising the person to promote periodical lotteries in accordance with this Act.

(2) An application for a lottery licence shall—

(a) be accompanied by the prescribed fee, and

(b) be made to the court not less than 60 days before the first day on which it is intended to promote a lottery to which the application relates.

(3) In considering an application under this section for a lottery licence, a judge of the District Court shall have regard to the following:

(a) the character of the applicant;

(b) the number of periodical lotteries already in operation in the locality;

(c) the purpose of the lottery.

(4) On the hearing of an application under this section for a lottery licence, the superintendent of the Garda Síochána for the district in which the lottery is to be held and any other person who appears to the court to be interested may appear and adduce evidence in relation to the application.

(5) The District Court shall either:

(a) grant the application and issue the lottery licence; or

(b) refuse the application.

(6) A lottery licence, 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 licence and shall then expire.

(7) An application under this section to the District Court shall be made to a judge of the District Court assigned to the District Court district in which it is proposed to promote lotteries.

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

(9) (a) A person who holds a lottery licence 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 licence:

(a) the holder of the licence shall derive no personal profit from the lottery;

(b) the value of each prize and the name of the intended beneficiary of the lottery 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;

(c) the total value of the prizes—

(i) if more than one lottery is held in any week, shall be not more than €30,000, and

(ii) if one lottery is held in any year, shall be not more than €360,000;

(d) not more than 25 per cent of the total proceeds shall be retained by the holder of the licence and utilised for the expenses of promotion, including commission, and any free entry for the lottery shall be deemed to be a payment of commission to the extent of its value;

(e) not more than 75 per cent of the total proceeds shall be allocated to prizes and not less than 25 per cent shall be allocated to a charitable or philanthropic purpose;

(f) the allocation of the proceeds referred to in paragraphs (d) and (e) shall be made within one month from the date of the holding of the lottery.

(11) A person who holds a lottery licence shall comply with the conditions of the F35[licence].

(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 any regulations under this section the Minister shall have regard to the following:

(a) lotteries that are conducted under this Act;

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

(c) charitable or philanthropic giving in society generally.

(15) The District Court clerk for a District Court area shall keep a register of all lottery licences—

(a) issued under this section in that District Court area, and

(b) any such licences 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 may be maintained electronically and shall be available for inspection at all reasonable times by members of the public.

(17) A lottery licence in force on the day immediately preceding the commencement of section 12 of the Gaming and Lotteries (Amendment) Act 2019 shall remain in force during the period specified in the licence subject to any conditions attached to the licence.]