Greyhound Industry Act 1958

Fixing of certain charges.

48

48. (1) The Board may by regulations fix the maximum charges to be made for admitting persons to greyhound race tracks and different charges may be fixed in respect of different tracks, in respect of different parts of the same track and in respect of bookmakers carrying on their business and persons who are not such bookmakers.

(2) Where regulations under subsection (1) of this section fix, in relation to a greyhound race track or part thereof, maximum charges in respect of bookmakers carrying on their business which are more than five times the maximum charges fixed, in relation to the track or part, by the regulations (or by other regulations for the time being in force) in respect of persons who are not such bookmakers, the regulations shall require the consent of the Minister.

(3) Where regulations under subsection (1) of this section fix, in relation to a greyhound race track on which the Board maintains a totalisator or to part of such track, maximum charges in respect of bookmakers carrying on their business, the charges shall be so fixed as not to exceed ten times the charges fixed by the regulations (or by other regulations for the time being in force) in respect of persons who are not bookmakers or, in case regulations under subsection (7) of this section for the time being in force fix a minimum charge in relation to the track or part, the aggregate of ten times the said charges in respect of persons who are not bookmakers and that minimum charge.

(4) Notwithstanding that regulations under subsection (1) of this section fix, in relation to a greyhound race track or part thereof, maximum charges in respect of bookmakers carrying on their business, any bookmaker may, with his consent, be charged, for admission to the track or part, a charge exceeding that which would be appropriate in accordance with the regulations, and such charge shall not constitute a contravention of the regulations.

(5) The Board may by regulations fix the maximum charges to be made at greyhound race tracks for race cards.

(6) The Board may by regulations fix the maximum entry fees in respect of greyhounds competing at events at race meetings at greyhound race tracks and different fees may be fixed in respect of different tracks and in respect of different meetings and events at the same track.

(7) (a) The Board may by regulations fix the minimum charges to be made for admitting bookmakers carrying on their business to greyhound race tracks and different charges may be fixed in respect of different tracks and different parts of the same track.

(b) Regulations under this subsection shall not be made in relation to a greyhound race track or part thereof unless regulations under subsection (1) of this section are made at the same time (or have been made previously) in relation to the track or part.

(c) The operation of regulations under this subsection shall stand suspended during any period while sections 32 to 35 of this Act are in operation.

(d) Where—

(i) a charge for admitting a bookmaker carrying on his business to a greyhound race track is made, and

(ii) regulations under this subsection are for the time being in operation,

the licensee under the greyhound race track licence relating to the track shall pay to the Board a sum equal to the minimum charge for the admission which is appropriate in accordance with the regulations.

(8) The Board may, after consultation with the Club, by regulations fix the maximum charges to be made for admitting persons to authorised coursing meetings and different charges may be fixed in respect of different meetings, in respect of different parts of the same coursing ground and in respect of bookmakers carrying on their business and persons who are not such bookmakers.

(9) Where regulations under subsection (8) of this section fix, in relation to an authorised coursing meeting, maximum charges in respect of bookmakers carrying on their business which are more than five times the maximum charges fixed, in relation to the meeting, by the regulations (or by other regulations for the time being in force) in respect of persons who are not such bookmakers, the regulations shall require the consent of the Minister.

(10) The Board may, after consultation with the Club, by regulations fix the maximum entry fees in respect of greyhounds competing at events at authorised coursing meetings and different fees may be fixed in respect of different coursing grounds and in respect of different meetings and events at the same coursing ground.

(11) (a) The Board may by regulations fix the minimum charges to be made for admitting bookmakers carrying on their business to authorised coursing meetings and different charges may be fixed in respect of different meetings and different parts of the same coursing ground.

(b) Regulations under this subsection shall not be made in relation to an authorised coursing meeting unless regulations under subsection (8) of this section are made at the same time (or have been made previously) in relation to the meeting.

(c) The operation of regulations under this subsection shall stand suspended during any period while sections 32 to 35 of this Act are in operation.

(d) Where—

(i) a charge for admitting a bookmaker carrying on his business to an authorised coursing meeting is made, and

(ii) regulations under this subsection are for the time being in operation,

the person holding the meeting shall pay to the Board a sum equal to the minimum charge for the admission which is appropriate in accordance with the regulations.

(12) The Board, after consultation with the Club, may by regulations fix the maximum charges to be made at authorised coursing meetings for programmes and different charges may be fixed in respect of different meetings.

(13) The Board may by regulations fix the maximum charges to be made for admitting persons to public sales of greyhounds and different charges may be fixed in respect of different sales.

(14) The Board may by regulations fix the maximum charges to be made for catalogues at public sales of greyhounds and different charges may be fixed in respect of different sales.

(15) Every person who fails or neglects to pay any sum payable by him under paragraph (d) of subsection (7) or paragraph (d) of subsection (11) of this section shall, without prejudice to proceedings under subsection (17) or (18) of this section, be guilty of an offence and shall be liable on summary conviction thereof to a F56[class B fine].

(16) Every sum payable by any person under paragraph (d) of subsection (7) or paragraph (d) of subsection (11) of this section shall, in default of payment and without prejudice to proceedings under subsection (17) or (18) of this section, be recoverable by the Board as a simple contract debt in any court of competent jurisdiction.

(17) If, in relation to a greyhound race track, there is a contravention of any regulation under subsection (1), (5), (6) or (7)of this section, the licensee under the greyhound race track licence relating to the track shall be guilty of an offence and shall be liable on summary conviction to a F57[class A fine].

(18) If, in relation to an authorised coursing meeting, there is a contravention of any regulation under subsection (8), (10), (11) or (12) of this section, the person holding the meeting shall be guilty of an offence and shall be liable on summary conviction to a F57[class A fine].

(19) If, in relation to a public sale of greyhounds there is a contravention of any regulation under subsection (13) or (14) of this section, the person conducting the sale shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.

Annotations:

Amendments:

F56

Substituted (1.10.2020) by Greyhound Racing Act 2019 (15/2019), s. 55(o)(i), S.I. No. 399 of 2020. A class B fine means a fine not exceeding €4,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(1), S.I. No. 662 of 2010.

F57

Substituted (1.10.2020) by Greyhound Racing Act 2019 (15/2019), s. 55(o)(ii), S.I. No. 399 of 2020. A class A fine means a fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

Modifications (not altering text):

C20

Maximum fine in subs. (19) increased (25.07.1999) by Horse and Greyhound Racing (Betting Charges and Levies) Act 1999 (24/1999), s. 12(2) and table ref. no. 21, S.I. No. 211 of 1999. A fine of £1,000 converted (1.01.1999) to €1,269.73. This translates into a class C fine not exceeding €2,500 as provided (1.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.

Increase of fines, under Act of 1958, etc.

12.— …

(2) The fine which may be imposed under a provision of the Act of 1958 specified in column (2) of the Table to this section shall be a fine not exceeding in amount the amount specified in column (3) of that Table opposite the reference number opposite which that provision is so specified.

...

TABLE

Reference Number

Provision of Act of 1958

Maximum Fine

(1)

(2)

(3)

£

...

...

...

12

Section 48(19)

1,000

...

...

...

Editorial Notes:

E213

Power pursuant to section exercised (1.02.2021) by Greyhound Industry (Racing) (Amendment) Regulations 2021 (S.I. No. 10 of 2021), in effect as per reg. 5.

E214

Power pursuant to subs. (13) exercised (1.07.2018) by Public Sales of Greyhounds (Amendment) Regulations 2018 (S.I. No. 223 of 2018), in effect as per reg. 4

E215

Power pursuant to section exercised (1.04.2017) by Greyhound Industry (Racing) (Amendment) Regulations 2017 (S.I. No. 101 of 2017), in effect as per reg. (4).

E216

Power pursuant to subs. (3) exercised (1.08.2016, 1.09.2016) by Greyhound Industry (Racing) (Amendment) Regulations 2016 (S.I. No. 440 of 2016), in effect as per reg. 8.

E217

Power pursuant to section exercised (1.10.2015) by Greyhound Industry (Racing) (Amendment) (No. 2) Regulations 2015 (S.I. No. 396 of 2015), in effect as per reg. 5.

E218

Power pursuant to section exercised (5.08.2015) by Greyhound Industry (Racing) (Amendment) Regulations 2015 (S.I. No. 350 of 2015). in effect as per reg. (4).

E219

Power pursuant to section exercised (1.08.2009) by Greyhound Industry (Racing) (Amendment) Regulations 2009 (S.I. No. 402 of 2009), in effect as per reg. 2.

E220

Power pursuant to section exercised (19.06.2007) by Greyhound Industry (Racing) Regulations 2007 (S.I. No. 302 of 2007), in effect as per reg. 37.

E221

Power pursuant to subs. (1) exercised (2.04.1984) by Greyhound Race Track (Bookmakers Admission Charges) (Revocation) Regulations 1984 (S.I. No. 77 of 1984), in effect as per reg. 3.

E222

Power pursuant to subs. (5) exercised (3.05.1982) by Greyhound Race Track (Race Card Charges) (Revocation) Regulations 1982 (S.I. No. 102 of 1982), in effect as per reg. 2.

E223

Power pursuant to subs. (1) exercised (3.05.1982) by Greyhound Race Track (Admission Charges) (Revocation) Regulations 1982 (S.I. No. 100 of 1982), in effect as per reg. 2.

E224

Power pursuant to subs. (5) exercised (7.03.1977) by Greyhound Race Track (Race Card Charges) Regulations 1977 (S.I. No. 53 of 1977), in effect as per reg. 5.

E225

Power pursuant to section exercised (1.10.1977) by Greyhound Race Track (Admission Charges) (Amendment) Regulations 1977 (S.I. No. 299 of 1977), in effect as per reg. 5.

E226

Power pursuant to section exercised (10.02.1967) by Greyhound Race Track (Admission Charges) Regulations 1967 (S.I. No. 31 of 1967), in effect as per reg. 6.

E227

Previous affecting provision: power pursuant to section exercised (1.10.2012) by Greyhound Industry (Racing) (Amendment) Regulations 2012 (S.I. No. 500 of 2012), in effect as per reg. 2; revoked (5.08.2015) by Greyhound Industry (Racing) (Amendment) Regulations 2015 (S.I. No. 350 of 2015), reg. (3), in effect as per reg. (4).

E228

Previous affecting provision: maximum fines in subss. (15), (17), (18) increased (25.07.1999) by Horse and Greyhound Racing (Betting Charges and Levies) Act 1999 (24/1999), s. 12(2) and table ref. nos. 18-20, S.I. No. 211 of 1999; superseded as per F-note above.

E229

Previous affecting provision: power pursuant to section exercised (3.12.1993) by Greyhound Race Track (Racing) (Amendment) Regulations 1993 (S.I. No. 352 of 1993); revoked (19.06.2007) by Greyhound Industry (Racing) Regulations 2007 (S.I. No. 302 of 2007), reg. 1, in effect as per reg. 37(2).

E230

Previous affecting provision: power pursuant to section exercised (12.07.1993) by Greyhound Race Track (Racing) Regulations 1993 (S.I. No. 158 of 1993), in effect as per reg. 36(2); revoked (14.06.2007) by Greyhound Industry (Racing) Regulations 2007 (S.I. No. 302 of 2007), reg. 1, in effect as per reg. 37(2).

E231

Previous affecting provision: power pursuant to subs. (1) exercised (20.09.1982) by Greyhound Race Track (Bookmakers Admission Charges) Regulations 1982 (S.I. No. 303 of 1982), in effect as per 5; revoked (2.04.1984) by Greyhound Race Track (Bookmakers Admission Charges) (Revocation) Regulations 1984 (S.I. No. 77 of 1984), reg. 1, in effect as per reg. 3.

E232

Previous affecting provision: power pursuant to subs. (1) exercised (18.03.1981) by Greyhound Race Track (Bookmakers Admission Charges) Regulations 1981 (S.I. No. 92 of 1981), reg. 1, in effect as per reg. 4; revoked (20.09.1982) by Greyhound Race Track (Bookmakers Admission Charges) Regulations 1982 (S.I. No. 303 of 1982), reg. 1, in effect as per reg. 5.

E233

Previous affecting provision: power pursuant to subs. (5) exercised (1.06.1980) by Greyhound Race Track (Race Card Charges) (Amendment) Regulations 1980 (S.I. No. 151 of 1980), in effect as per reg. 6; revoked (3.05.1982) by Greyhound Race Track (Race Card Charges) (Revocation) Regulations 1982 (S.I. No. 102 of 1982), reg. 3, in effect as per reg. 2.

E234

Previous affecting provision: power pursuant to subs. (1) exercised (1.06.1980) by Greyhound Race Track (Admission Charges) (Amendment) Regulations 1980 (S.I. No. 150 of 1980), in effect as per reg. 5; revoked (3.05.1982) by Greyhound Race Track (Admission Charges) (Revocation) Regulations 1982 (S.I. No. 100 of 1982), reg. 3, in effect as per reg. 2.

E235

Previous affecting provision: power pursuant to subs. (5) exercised (4.02.1980) by Greyhound Race Track (Race Card Charges) Regulations 1980 (S.I. No. 33 of 1980), in effect as per reg. 4; revoked (1.06.1980) by Greyhound Race Track (Race Card Charges) (Amendment) Regulations 1980 (S.I. No. 151 of 1980), reg. 1, in effect as per reg. 5.

E236

Previous affecting provision: power pursuant to section exercised (4.02.1980) by Greyhound Race Track (Admission Charges) Regulations 1980 (S.I. No. 32 of 1980), in effect as per reg. 5; revoked (1.06.1980) by Greyhound Race Track (Admission Charges) (Amendment) Regulations 1980 (S.I. No. 150 of 1980), reg. 1, in effect as per reg. 5.

E237

Previous affecting provision: power pursuant to section exercised (19.03.1979) by Greyhound Race Track (Admission Charges) Regulations 1979 (S.I. No. 54 of 1979), in effect as per reg. 6; revoked (4.02.1980) by Greyhound Race Track (Admission Charges) Regulations 1980 (S.I. No. 32 of 1980), reg. 1, in effect as per reg. 4.

E238

Previous affecting provision: power pursuant to section exercised (7.03.1977) by Greyhound Race Track (Admission Charges) Regulations 1977 (S.I. No. 54 of 1977), in effect as per reg. 5; revoked (19.03.1979) by Greyhound Race Track (Admission Charges) Regulations 1979 (S.I. No. 54 of 1979), reg. 1, in effect as per reg. 6.

E239

Previous affecting provision: power pursuant to section exercised (1.01.1976) by Greyhound Race Track (Admission Charges) Regulations 1975 (S.I. No. 304 of 1975), in effect as per reg. 5; revoked (7.03.1977) by Greyhound Race Track (Admission Charges) Regulations 1977 (S.I. No. 54 of 1977), reg. 1, in effect as per reg. 5.

E240

Previous affecting provision: power pursuant to section exercised (1.01.1975) by Greyhound Race Track (Admission Charges) Regulations 1974 (S.I. No. 360 of 1974), in effect as per reg. 5; revoked (1.01.1976) by Greyhound Race Track (Admission Charges) Regulations 1975 (S.I. No. 304 of 1975), reg. 1, in effect as per reg. 5.

E241

Previous affecting provision: power pursuant to subs. (5) exercised (1.06.1972) by Greyhound Race Track (Race Card Charges) Regulations 1972 (S.I. No. 119 of 1972), in effect as per reg. 4; revoked (4.02.1980) by Greyhound Race Track (Race Card Charges) Regulations 1980 (S.I. No. 33 of 1980), reg. 1, in effect as per reg. 5.

E242

Previous affecting provision: power pursuant to section exercised (1.06.1970) by Greyhound Race Track (Admission Charges) Regulations 1970 (S.I. No. 103 of 1970), in effect as per reg. 6; revoked (1.01.1975) by Greyhound Race Track (Admission Charges) Regulations 1974 (S.I. No. 360 of 1974), reg. 1, in effect as per reg. 5.

E243

Previous affecting provision: power pursuant to section exercised (25.03.1968) by Greyhound Race Track (Racing) (Amendment) Regulations 1968 (S.I. No. 52 of 1968), in effect as per reg. 3; revoked (12.07.1993) by Greyhound Race Track (Racing) Regulations 1993 (S.I. No. 158 of 1993), reg. 1, in effect as per reg. 36(2).

E244

Previous affecting provision: power pursuant to section exercised (1.07.1967) by Greyhound Race Track (Racing) Regulations 1967 (S.I. No. 133 of 1967), in effect as per reg. 36(2); revoked (12.07.1993) by Greyhound Race Track (Racing) Regulations 1993 (S.I. No. 158 of 1993), reg. 1, in effect as per reg. 36(2).

E245

Previous affecting provision: power pursuant to section exercised (1.05.1964) by Greyhound Race Track (Admission Charges) Regulations 1964 (S.I. No. 77 of 1964), in effect as per reg. 4; revoked (10.02.1067) by Greyhound Race Track (Admission Charges) Regulations 1967 (S.I. No. 31 of 1967), reg. 1, in effect as per reg. 6.