Children to be allowed in places where betting happens under exemptions to gambling law

New changes to the Government’s landmark gambling legislation will see children allowed on to some premises where betting takes place while ATMs will also now be permitted in certain circumstances.

The Government also intends to introduce further exemptions for charitable and philanthropic groups from the planned gambling advertising watershed between 5.30am and 9pm. Minister of State in the Department of Justice James Browne previously announced an exemption from the watershed for charitable and philanthropic organisations where the prize did not exceed €10,000.

However, a memo for Cabinet has detailed plans for a full exemption from the advertising watershed to allow “sufficient flexibility for philanthropic organisations such as the GAA, charities, and other not for profit organisations to advertise and fundraise. This would mean that these groups or organisations could advertise within those times even if the prize is over €10,000.”

The Gambling Regulation Bill is before the Seanad.

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The memo also details planned changes around the ban on allowing children in areas where gambling is happening.

“These amendments will allow for children to enter on to a larger campus, such as a racetrack from where betting is provided, but children will be precluded from participating in betting at all times. Without these amendments, children could not attend events at racetracks, etc, even on days where no betting activities were being offered, such as festivals, family events,” the memo says. Children will still be prohibited from entering a bookmakers’ premises and similar locations.

The operator of the campus or racetrack will have to apply to the Gambling Regulatory Authority for a licence in order to have children present. The authority will have the power to impose sanctions for any breach, including the loss of a licence with the possibility of a criminal prosecution with penalties of an unlimited fine or up to eight years’ imprisonment.

Further changes will also see ATMs allowed to operate in certain circumstances. The memo says the ban on allowing ATMs has “proved challenging for premises such as racetracks around the country”.

“It is important to recognise various business models operated by licensees at campus-like facilities. It is not the intention of the Bill to trespass on the conduct of other legitimate business such as restaurants, corporate events, pro-shops, just by virtue of their proximity to the provision of gambling activity during sporting events.”

The memo says many premises are located in “rural areas and away from cash-withdrawal facilities, when compared to the majority of in-person gambling premises and bookmaker shops, which are usually located in towns and relatively near to ATMs. In addition, a person may have a personal preference to withdraw cash to gamble, or to buy food or drink at a bar or restaurant. There may be a situation where their bank card might not work, or the internet has gone down and the terminals cannot accept payment via a debit card.”

Under the new changes, the operator of the premises will now be able to apply to the Gambling Authority who will decide whether to permit ATMs depending on the purpose or location of the site.

Further changes are also planned to the new national gambling exclusion register, which lets a person self-exclude from gambling.

The memo says that a “bespoke IT system” would be “exceptionally expensive and challenging”. Instead of opting out to specific operators and activities, there will now be automatic self-exclusion from all online gambling licensees and all of their products for a minimum of six months. Instead of being automatically removed after six months, a person will now have to apply to be removed.

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