Northern Ireland. Gambling Duties. Betting, gaming and lotteries are regulated by the law throughout the UK. However, the law in Great Britain was radically reformed by the Gambling Act 2005 whereas in Northern Ireland the legislation is modelled on the former legislation applicable in Great Britain. IBIA response: Northern Ireland Gambling Regulation Consultation 2 Chapter 1: Introduction 1. The International Betting Integrity Association (IBIA)1 is a not-for-profit trade body representing the betting integrity interests of many of the largest licensed retail and online betting operators in the world. What are the main motivations behind the announced review of Northern Ireland’s gambling laws, do you think? The current gambling law in Northern Ireland (NI) is complicated, written in an antiquated style (which makes it difficult for businesses to navigate) and much of it is overly-restrictive compared with other markets. Ireland: Gambling Laws and Regulations 2021. ICLG - Gambling Laws and Regulations - covers common issues in gambling laws and regulations – including relevant authorities and legislation, application for a licence, licence restrictions, digital media, enforcement and liability – in 37 jurisdictions.

Click here to view this briefing in PDF format.

The “Regulation of Gambling in Northern Ireland Consultation” document (the “NI Consultation”) was published in order to gauge public opinion on a wide range of gambling legislative and regulatory issues, the underlying purpose being to determine whether and where reform is necessary (particularly in the eyes of those working within the gambling industry) to bring the Northern Irish legislative regime into line with advances in the modern industry.

Click here to view the Consultation in PDF format.

Current Legislative Position in Northern Ireland

The primary legislation in Northern Ireland in respect of gambling is found in “The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985” (the “1985 Order”). It is modelled after the Betting, Gaming and Lotteries Act 1963, the Gaming Act 1968 and the Lotteries and Amusements Act 1976, which were the key statutes as regards gambling in Great Britain (“GB”) prior to 2005.

The Gambling Act 2005 did however serve to modernise gambling laws in GB, replacing somewhat archaic laws which were not suitable for the demands of, or advances in, the gambling industry in modern day GB.

Gambling in Northern Ireland has also evolved since the 1985 Order, yet (unlike GB) no such legislative reform has taken place. This has left Northern Ireland with a regime described by the Stormont “All Party Group” tasked with reviewing this area as being “hopelessly out of date” in the internet age.

The NI Consultation

The NI Consultation addressed a wide base of issues related to three overarching themes:

1. The Future of Gambling in Northern Ireland: this addressed whether some forms of gambling which are permitted elsewhere, but not in Northern Ireland, should be permitted and regulated. Examples of issues raised included: whether casinos should be permitted to operate in Northern Ireland; whether premises which are licensed to sell alcohol and registered clubs should be able to offer poker, bingo and other equal chance gaming; and should promotional prize competitions and draws be permitted in Northern Ireland, similar to that in GB;
2. Sector Specific Issues: this addressed specific issues in the core areas of gambling that the 1985 Order applies to, namely: betting; commercial bingo clubs; gaming machines; and lotteries (other than the National lottery). Ultimately the Consultation raised the question of whether the law in these areas should be amended to bring things more into line with GB, for example: should those who cheat at gambling commit an offence, regardless of the success of the outcome?; should the sale of lottery tickets over the internet be permitted?; and should higher stakes and prizes jackpot machines be permitted in bookmaking offices, bingo clubs and amusement arcades where entry is restricted to those aged 18 and over?
3. Licensing, Enforcement and Regulation: the current licensing and enforcement arrangements were considered. Most notably it was queried whether the PSNI is the most appropriate agency to enforce gambling law and whether an altogether new regulator should be established to oversee the gambling in Northern Ireland (as in GB).

Response to the NI Consultation and Looking Ahead

By way of example of the responses received to the questions posed by the NI Consultation:

• 63% of responses were in favour of the introduction of land based casinos in Northern Ireland;
• 66% of responses were in favour of bookmakers and betting shops opening on a Sunday;
• 93% of responses were in favour of the introduction of a new regulatory body to oversee gambling legislation; and
• 97% of responses wanted to see focus on research/education/treatment in respect of those affected by gambling addiction.

Click here to view NI Consultation response summary tables in PDF format.

Whilst there has therefore been varying levels of support for reform in the different areas covered by the NI Consultation, it is absolutely clear that change is being called for by those within the gambling industry in Northern Ireland.

Gambling laws could of course be developed to mirror that of GB and Ireland, giving Northern Ireland legislation an outlook that is more reflective of the state of gambling in Northern Ireland today. However, the political and religious sensitivities in Northern Ireland cannot be ignored and will be factored into any decisions taken by the legislators in Northern Ireland – making the timing of any reform difficult to predict.

Current Legislative Position in Ireland

The law in Ireland on gaming and lotteries changed on 1 December when the Gaming and Lotteries (Amendment) Act 2019 (the “2019 Act”) came into effect. Among other things, the 2019 Act updates the significantly outdated prize and stake limits under the current legislation, and introduces a standardised minimum age of 18 for all forms of betting. (See our briefing on the 2019 Act here.) (For a high level overview of gambling regulation in Ireland, see our contribution to the Practical Law Guide: “Gaming in Ireland”, which is accessible here.)

If you have any specific queries in relation to the NI Consultation or would generally like to discuss the gambling laws in the UK or Ireland, please do not hesitate to contact our betting and gaming team.

The Gambling Control Bill was approved by Government in July 2013. This Bill will, upon enactment, repeal all extant gaming and betting legislation, with the exception of that governing the National Lottery.

The General Scheme of the Bill is with the Office of the Parliamentary Counsel to the Government (OPC) awaiting drafting.

Betting Act 1931

The Betting (Amendment) Act 2015 was commenced on 15th April 2015. This legislation amends the Betting Act 1931 and provides for the licensing of remote (on-line) bookmakers and betting intermediaries for the first time.

Applications for certificates of personal fitness from remote operators, and terrestrial bookmakers not ordinarily resident in the State, are to be made to the Minister for Justice, following the placement of an advertisement in two daily, national newspapers. The advertisement and the application form are to be in a specified format. You can access these at the link below:

Terrestrial out of State Operators

Remote Operators

Applications for certificates of personal fitness from terrestrial bookmakers ordinarily resident in the State are to be made to a Superintendent of An Garda Síochána. The newspaper advertisement and application form for such operators can be accessed at the following link

Terrestrial Irish Operators

Gambling Regulation Northern Ireland Uk

The application form in all instances details the information that is to be submitted in support of an application. It should be noted that an application will not be considered until such time as all such information has been received.

'relevant officer' of a corporate body is defined in section 1 of the 1931 Act as amended by section 2 of the 2015 Act. The first category of person who must apply for a certificate of personal fitness is he or she who exercises control (within the meaning of section 11 or 432 of the Taxes Consolidation Act 1997) in relation to the corporate body. In addition to such persons, corporate bodies may choose that an individual in either the second or third category of person as defined in section 1 applies for a certificate of personal fitness. The legislation does not require all three categories of person to be deemed a 'relevant officer'.

Gaming and Lotteries Act 1956

The Gaming and Lotteries Acts 1956–2003 allow some limited forms of gambling. This is in order to provide a controlled outlet for people who wish to gamble. It also provides a method of fund-raising for charitable, philanthropic and other socially desirable purposes.

The forms of gambling permitted under the 1956 Act are:

• Lotteries (excluding lotteries covered by the National Lottery Act 2013, which is under the auspices of the Department of Public Expenditure and Reform)
• A very limited form of gaming ('gaming' means playing a game (either of skill or chance) for money.)

For more information on gaming and lotteries, see the Review of the Gaming and Lotteries Acts 1956-86 A copy of the 1956 Act is included in the review document.

The Gaming and Lotteries (Amendment) Act 2019, will come into effect on 1 December 2020. Information Notes for Gaming and Lotteries are available here: Information Notes for Gaming and Lotteries

Information notes for relevant licences and permits can be found here: Information Notes for Gaming and Lotteries

Previous examinations of Ireland’s gambling laws

Casino Regulation Committee

The Casino Regulation Committee was set up in August 2006 and its report was published in July 2008 under the title Regulating Gaming In Ireland (PDF - 2.11MB)

Review of Gambling

A paper entitled Options for Regulating Gambling published in December, 2010, represented the culmination of a public consultation undertaken by the Department as part of an overall review of gambling in Ireland.

Gambling Regulation Northern Ireland Canada

Charitable Lotteries Fund

Gambling Regulation Northern Ireland Tours

The scheme has now ceased to operate.