IRELAND MARKET FOCUS
by way of regulatory codes and guidance to be issued by the GRAI. Depending on how specific and detailed these are, this should bring some welcome clarity to a sector that has long occupied a twilight zone where regulations have been absent. There is a strong sense that the GRAI will be delegated a significant amount of power to allow it to get on with the business of regulating and responding to an industry that is constantly evolving and innovating. Licence application procedure The Bill maintains a “relevant officer” requirement similar to the current betting licensing regime. The definition of “relevant officer” has been expanded to include persons who are directors, managers, secretaries, or other officers of the prospective licensee, or a person purporting to act in that capacity. “Relevant officers” will apply for the licences on behalf of the corporate entity and the Authority will specify the minimum number of relevant officers that may be required. The Bill envisages that the level of information which licence applicants will have to provide will significantly increase compared to the information which must be provided under the current licensing regime for remote betting. In particular, applicants will have to provide details as to the: • Beneficial owner of the applicant business; • Business plan; • Information on past infringements / convictions; • Financial circumstances and related documents and information; • Servers and providers used to promote remote gambling (including location); • All of their software and systems; • The premises from which the licensed activities will be operated. To enable it to satisfy itself before granting a licence, the GRAI is to be given a wide sweep of powers. These include the conduct of interviews with licence applicants; carrying out checks, analysis or scrutiny as deemed reasonable; visiting the prospective licensed premises and seeking additional information from the applicant.
In deciding whether to issue a licence, the GRAI will have regard to a number of factors including the GRAI’s principles and licensing objectives, and the applicant’s fitness and suitability to carry out the licenced activity. It may also consult with the Irish police force in that regard, and the suitability of any equipment involved in the provision of the service, may also be considered. The GRAI will have the power to either vary the licence i.e. tailor it to a specific licence holder, or specify terms and conditions to be binding on the licence holder. Under the current licensing regime, the relevant authority must make a decision on an application for a Certificate of Personal Fitness to hold a betting license within 56 days of receipt of the application. While it is not yet clear what timeframes will apply to applications under the new licensing regime, it seems likely that the licensing process will be more involved and will take longer, than at present. Licensing fees Currently, an applicant for a remote bookmaker’s licence must pay either a first-time excise fee or a fee for renewal, which is based on turnover. Under the Bill, the GRAI will have responsibility for setting licensing fees for each of the new proposed licence categories. In setting fees, the GRAI may have regard to the size of the licence holder’s operations, the forms of gambling on offer, turnover level and any other matter that the authority may wish to specify. These licence fees will be separate and distinct from administrative charges associated with the making of the application for a licence. While there is not yet any visibility on the level of fees proposed, it is worth noting that the GRAI is ultimately intended to be self-financing (after an initial three-year period). As well as any potential uplift in licensing fees, operators will also have to factor in the making of a contribution to a ‘Social Impact Fund’. Again, the Authority will be given powers to calculate the contribution to the Social Impact Fund with regard to the size of a licence holder’s operations, its turnover, the services to be offered by the licence holder, and any other matter which the Authority may specify.
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IMGL MAGAZINE | JANUARY 2023
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