licence for gaming arcades and amusementarcades: a “gaming arcade licence” and an“amusement arcade licence”. The Schemecontemplates that amusement machinesmay be provided in a premises which isoperated under a gaming arcade licence, butwhere an arcade contains both amusementmachines and gaming machines, then aclear physical separation between the twotypes <strong>of</strong> machine will be required.Remote Gambling• “Remote gambling” is defined inthe Scheme as gambling in whichpersons participate by the use <strong>of</strong> remotecommunications. The term “remotecommunications” is defined as including theinternet, telephone, television, radio, or anyother kind <strong>of</strong> electronic or other technologyfor facilitating communication).• While it is contemplated that all forms <strong>of</strong>gambling by remote means will be licensable,the Scheme provides very little detail inrelation to the proposed categories <strong>of</strong> remotegambling licences, and this aspect <strong>of</strong> theproposals requires significant clarification.• As outlined above, a number <strong>of</strong> specificlicences for remote betting activities will beavailable: remote betting licences (“category1E”); betting exchanges (“Category 1I”);spread betting licences (“Category 1J”); andpool betting licences (“category 1K”).• The Scheme provides for two types <strong>of</strong>“remote casino licences”: a “category 2O”licence for “remote casino services” and a“category 2P” licence for “support servicesin the State for a remote casino”. It is notclear from the Scheme what activities willconstitute “remote casino services” and“support services in the State for a remotecasino”, and this will need to be clarified.• A specific “remote bingo” licence isalso proposed (a “category 2Q” licence).However, no specific “remote lottery” licenceis provided for, although the definition <strong>of</strong>“lottery” includes the playing <strong>of</strong> lottery gamesby means <strong>of</strong> remote communication, so it isto be assumed that lottery licences will allowfor the remote sale <strong>of</strong> lottery tickets.• The Scheme also lists two types <strong>of</strong> “mixedremote” licences where both gaming andbetting are provided together – a “category3A” licence where the service provider is inthe State and a “category 3B” licence where asupport facility is located in the State – but n<strong>of</strong>urther detail on these licence categories hasbeen provided at this stage.Player ProtectionOne <strong>of</strong> the key principles underpinningthe proposed new legislation will be playerprotection, and the Scheme contains anumber <strong>of</strong> proposed safeguards, designedto ensure that the new regulatory regimeachieves its stated protection purposes <strong>of</strong>ensuring fairness; protecting vulnerablepersons from the risks <strong>of</strong> gambling; keepinggambling time-free; and ensuring consumerprotection and choice. By way <strong>of</strong> example:• Licence holders will be subject to a series<strong>of</strong> “responsible gaming” obligations.• It is proposed that the OGCI mayspecify that certain machines, or classes <strong>of</strong>machines, or games (including games playedremotely), may only be played using special“player cards” (i.e. a unique card (or code)that a customer will be required to obtainfrom the operator to access a certain gameor machine).• A “self-exclusion register” will beestablished for persons with gamblingproblems.• A “Social Fund” will be established,which will be used to fund the promotion<strong>of</strong> socially responsible gambling and toassist in counteracting the ill-effects <strong>of</strong>irresponsible gambling. It will be fundedfrom contributions by licence holders.• It is envisaged that the OGCI will beable to attach specific terms and conditionsrelating to social responsibility to thegambling licences <strong>issue</strong>d by it. For example,it is proposed that the OGCI will be able tomake it a licence condition that a licenceholder introduces and maintains systemsfor monitoring players whose pattern <strong>of</strong>gambling gives reason for concern.ConclusionIn terms <strong>of</strong> next steps, a parliamentarycommittee has been appointed to consider theScheme, and has invited written submissionsfrom interested parties by 30 August 2013.Although the Scheme provides a goodstarting point for Ireland’s new gamblingregulatory framework, clarification willbe required on a number <strong>of</strong> points, andsignificant modifications will be requiredif Ireland is to produce a workable andefficient regulatory model.The proposed introduction <strong>of</strong> aregistration system for companies whichestablish gambling operations in Ireland, evenwhere they do not target Irish players, seemslike a sensible proposal.The publication <strong>of</strong> the Scheme comesat a time when other Irish GovernmentDepartments are addressing other specificareas <strong>of</strong> the gambling sector. Following theenactment <strong>of</strong> a new National Lottery Act inMay 2013, the Government has launcheda competitive process for the award <strong>of</strong>a 20 year licence to operate the IrishNational Lottery. This process is <strong>current</strong>lyunderway, with a deadline for the receipt <strong>of</strong>applications <strong>of</strong> 16 September 2013.While the National Lottery, and thelegislation governing it, will remain separateto the Gambling Control Bill, the Department<strong>of</strong> Finance has recently republished the“Betting (Amendment) Bill”, which isintended to introduce a licensing (and tax)regime for remote bookmakers and bettingexchange operators taking bets from Irishpunters. Any licensing regime introduced bythis legislation, if it is enacted, will no doubtneed to be revisited in the context <strong>of</strong> theGambling Control Bill, which is intendedto regulate all forms <strong>of</strong> gambling, includingbetting.Indeed, if Ireland takes steps to regulateonline betting in isolation from other forms<strong>of</strong> gambling, this arguably lacks consistency.As the reform process finally gatherspace, Ireland will need to keep a watchfuleye on Luxembourg, and to be conscious<strong>of</strong> adopting a consistent and systematicapproach to regulating (and taxing) differentforms <strong>of</strong> gambling.In any event, it finally appears that Irishgambling regulatory reform is gatheringpace. With an election due to be held in 2016,the smart money is on the Gambling ControlBill being enacted into law in late 2014/2015.JOE KELLY is a Partner at A&LGoodbody <strong>Law</strong> Firm.Tel: +353 1 649 2429 or Email:jkelly@algoodbody.comJOHN CAHIR is a Partner at A&LGoodbody <strong>Law</strong> Firm.Tel: +353 1 649 2943 or Email:jcahir@algoodbody.comKATIE BYRNE is an associate atA&L Goodbody <strong>Law</strong> Firm. Tel:+353 1 649 2000 or Email:kbyrne@algoodbody.com24 | European <strong>Gaming</strong> <strong>Law</strong>yer | Autumn Issue | 2013
Digital CasinosA Market Assessment and OutlookOnline casinos were among the first gaming sites to appear on the internetwhen they launched in the mid-1990s thanks to the pioneering efforts<strong>of</strong> s<strong>of</strong>tware companies. During the course <strong>of</strong> the past decade, the digitalcasino market (encompassing websites for computers, mobiles and otherconnected devices) has grown out <strong>of</strong> all recognition, maintaining itsposition as the leading gaming genre in terms <strong>of</strong> numbers <strong>of</strong> sites.Digital Casinos: A Market Assessment and Outlook examines themain <strong>issue</strong>s surrounding the growing digital casino industry.Key Features:• Game genre overviews• Strategies into areas <strong>of</strong> opportunity: how you can expand and grow• Important factors affecting growth in the industry and how to avoid the pitfalls• Discover the marketing strategies <strong>of</strong> online and mobile operators• Regulatory <strong>issue</strong>s and the growing role <strong>of</strong> smartphones and how it’s affectingdigital casino <strong>of</strong>ferings• Social media and live dealer gamingTo ask for your free executivesummary quote 13IDigitalCasinos2.Call +44 (0) 20 7954 3489 or emailreports @i<strong>Gaming</strong>Business.com toorder Digital Casinos today.The report provides case studies <strong>of</strong> the major casino operators and s<strong>of</strong>twarecompanies and determines who the winners and losers will be. It als<strong>of</strong>eatures commentary from leading executives in the digital gaming industrywho provide their own expert views on what is next for digital casinos.www.i<strong>Gaming</strong>Business.comThe leading provider <strong>of</strong> information for the online gaming industry.
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