Betting Offices

Betting and gambling in Northern Ireland. The principal legislation is the Betting, Gaming, Lotteries and Amusements (NI) Order 1985, as amended.

It is unlawful to use premises for the purpose of conducting betting transactions unless it is a licensed office, and the person using it holds a bookmaker’s license. There are exceptions where both parties using the premises and persons with whom the betting transactions are conducted either reside or work at the premises. There are exceptions for bookmaking approval betting businesses carried out on a track and certain activities related to pool betting.

Persons found on premises being used in contravention of the prohibition are guilty of an offence unless they can prove they are there for a lawful purpose. A person found on the premises who refuses to give his name or provides false or misleading information to a constable is guilty of an offence.

It is unlawful for a person to loiter or be in a street or public place for the purpose of bookmaking, betting, or agreeing to bet or receive bets. Books, cards, and papers belonging to such a person may be seized by a constable.It is unlawful to carry on the business of a bookmaker or hold oneself out as a bookmaker without a bookmaker’s license. This is in addition to the bookmaker’s office license referred to above.

A bookmaker’s license shall be granted to the owner of the business conducting the betting activity. This may be an individual or a company. The applicant must be a fit person to hold a license. Consideration is given to the applicant or the controllers of the relevant company.

Persons under 21, persons who do not ordinarily reside in Northern Ireland, or who ordinarily reside for less than 12 months are disqualified from holding a license. A person holding a bookmaker’s license in the Republic of Ireland is not disqualified.

An application for a bookmaker’s license is made to the magistrates’ court/court of summary jurisdiction. The court shall hear objections to the application. Objections are principally based on fitness to hold a license. The court may refuse a license if the person has been convicted of certain offenses under the legislation.

It is an offence to use premises as a bookmaking office without a bookmaking office license. A bookmaker’s office license may be granted to the owner of the business proposed to be carried out. It may not be granted to a person who is disqualified from holding a bookmaker’s license.

A bookmaker’s office license may be granted provided the premises are suitable in layout, character, and condition, have adequate sanitary appliances, and are in a suitable location. Applications made to a court of summary jurisdiction are made to the county court.

The court may hear objections, but it must be satisfied that the relevant procedures have been followed. If the applicant is a licensed bookmaker and is not disqualified, the premises are not disqualified. If there is an interest or a 21-year lease, it may be granted.

The premises must not be detrimental to the interests of persons attending a place of worship, school, or premises habitually used by a youth organization in the vicinity, and it must not be part of a licensed premises. There must be an adequate demand, having regard to the facilities offered by licensed offices in the vicinity, and planning permission or planning compliance must be in place.

A license may be granted conditionally on alterations to be made to the premises. The period may be extended for required alterations. A license may be granted conditionally.

For premises about to be constructed, extended, or altered for use as a bookmaking office, an application for a provisional bookmaking office license may be made. This procedure may provide assurance to a person developing a premises that it should qualify for a license upon completion of the proposed works. Where a license has been provisionally granted and premises are subsequently completed in accordance with the plans or any approved modifications, an application may be made to declare the license final.

A bookmaker’s license and a bookmaker’s office license shall, unless revoked or subject to disclosure, be valid for a period of one year. The license lasts for the licensing year. There are provisions by which licenses may extend beyond the normal duration. There is provision for a limited continuation of licenses where a person has died or has become bankrupt. An application may be made to the magistrates’ court for an extension of this period.

An application to renew a bookmaker’s license is made through the court of summary jurisdiction. It may be renewed by the clerk of the petty sessions. A notice of the application for renewal is made in the absence of the applicant.

Where a notice of objection is received and not withdrawn, or the clerk is not satisfied regarding the composition of the partnership or company not having changed, or for any other good reason, the clerk may require the matter to be heard. An application may be made to a court of summary jurisdiction, which will hear objections.

These objections may concern the fitness of the bookmaker to hold the license and certain other matters regarding the conduct of the business. The court may renew the license notwithstanding or reject the bookmaker’s license application. It must give orders for refusal if it refuses to renew.

An application for the renewal of a bookmaking office license is made through a court of summary jurisdiction. It may be renewed by the clerk of the petty sessions in accordance with the same criteria as a bookmaker’s license. It may be referred to the court for renewal, with almost the same criteria.

The court may refuse renewal where the applicant is not a licensed bookmaker, or the premises are not suitable, or it is unlikely, having regard to conduct since the last renewal, that the business will be properly conducted unless no offenses have been committed where the licensed office has been used for unlawful purposes since the last renewal.

An application for the transfer of a bookmaking office license is made to the magistrate’s court. The court may hear objections regarding the transferee and the suitability of the premises. The court may hear objections to the transfer.

There is provision for carrying on business from another temporary location. Where a licensed office is restored by fire damage or is being redeveloped by construction, an application may be made to a court of summary jurisdiction for approval of temporary premises within the curtilage or vicinity for a period of up to six months.

An application may be made to revoke a bookmaker’s license by any party to the magistrate’s court on the grounds that the person is not fit to hold the license. This may be due to false information given on the original application, refusal to grant a renewal of a bookmaker’s license, involvement of unlicensed persons in conducting the business, or conviction of certain offenses.

An application may be made to revoke a bookmaking office license by any person to the magistrate’s court on similar grounds, including suitability of the premises and proper conduct of the business or use of the premises for unlawful purposes.

Where the court revokes a bookmaker’s license, it may order the holder of the license to be disqualified from holding a bookmaker’s license or a bookmaker’s office license for up to five years.

Licensed offices may not be open for business transactions on Sundays, Christmas Day, Good Friday, or any other days prescribed by regulations. A licensed bookmaker must display his license and prescribed notices as per regulations. They must also comply with restrictions regarding the exhibition of materials, signs, and matters of audible and visual displays as may be prescribed by regulations.

There are restrictions on the use of TV, sound, and visual apparatus. It must only be used for the coverage of sporting events, information on betting, and other matters incidental to such coverage. The apparatus may only be used provided that the information relating to betting and any event in connection with which betting transactions may have been affected in such office, and the results of such betting, must not be audited outside the premises.

The licensed office may not be used for other purposes, and in particular, no dancing, entertainment, or refreshments may be served. No direct access is allowed to a licensed premises. A licensed bookmaker must not permit overcrowding or loitering.

There are restrictions on advertisements in relation to bookmakers. Regulations may be made in respect of permitted advertisements.
A bookmaker may not employ patients or collectors for bets; they may not employ persons disqualified under the legislation. They may exclude persons who are intoxicated from the premises.

The bookmaker may carry on a bookmaking business approved betting business on a licensed betting track. Notice must be served on the intention to permit bookmaking on the track a week in advance unless it has taken place within the previous seven days.

An application for a track betting license is made to the department. The department may grant or refuse a license subject to conditions or grant subject to conditions. A license may be refused if it would affect the health or comfort of persons in the vicinity, be detrimental to interested persons residing at a school or institution, or seriously impair amenities or cause congestion.

It may be refused if the applicant has been convicted of an offense under the legislation or any offense involving fraud or dishonesty. Fees are payable annually. There is a right of appeal to the county court against refusal.

There is provision for provisional grants of licenses subject to the completion of works, construction, and development. Where it is completed, an application may be made for the application to become final on completion of the track.

A track betting license generally lasts for seven years. There are provisions for revocation and cancellation. Regulations may be made for the regulation and operation of betting at and the operation of the totalisator at licensed tracks. Regulations may provide for the number of days in which betting may take place.

Pool betting shall be carried out at the licensed track only by means of the totalisator operated in accordance with legislation. The occupier of the track and authorized persons may only operate the totalisator if the public is admitted to the track for the purpose of attending horse or dog racing, and no other sporting events are taking place.

It may only be used for the purpose of conducting betting transactions on races on the track on that day, together with not more than five consecutive days on which such races are run on the track, and subject to the provisions of the legislation. The occupier of the track is obliged to ensure the totalisator is operated lawfully.

The occupier of a track may charge bookmakers, but the charges may not exceed ten times the amount of the highest charge made to members of the public for admission. Charges may not discriminate between bookmakers. Bookmakers may not be excluded as long as the totalisator is being operated. There must be accommodation for not more than the number of bookmakers admitted to the track at any time during the two years preceding the introduction of the totalisator.

Licensed track operators may prohibit bookmaking. The totalisator, when in operation, may not take place on Good Friday, Christmas Day, or other days prescribed by regulations. Occupiers of licensed tracks may not have an interest in bookmaking on the track.

Persons under 18 may not be admitted to a licensed office. It is an offence to enter into a betting contract with a person under 18 or to employ a person under 18 to conduct betting transactions.

Betting circulars may not be sent to persons under 18, inviting them to make or enter into any betting transaction. This applies to letters, advertisements, and other documents.

When a licensed bookmaker is convicted of an offence under the legislation or an offence involving fraud or dishonesty, the court may make a disqualification order preventing the holder from holding a bookmaker’s license or a bookmaker’s office license for up to five years.