Betting (Amendment) Act 2015

Remote bookmaker’s licence and remote betting intermediary’s licence

14. The Principal Act is amended by the insertion of the following sections:

“Remote bookmaker’s licence

7B. (1) A qualified person may apply to the Revenue Commissioners for a licence authorising the person to carry on the business of, and act as, a remote bookmaker.

(2) An application under this section shall—

(a) be in such form and made in such manner as may be specified by the Revenue Commissioners,

(b) specify the name of the applicant and the address at which he ordinarily resides and the address of his principal office or place of business,

(c) in circumstances where the applicant proposes to carry on the business concerned under a trading name, specify that trading name,

(d) specify the applicant’s e-mail address,

(e) specify a date (being either the first day of July next following the date of the making of the application or a day that is not more than 21 days after the date of the making of the application, whichever occurs sooner) from which he wishes the remote bookmaker’s licence to have effect,

(f) in the case of an applicant who is an individual, be accompanied by the certificate of personal fitness issued to him in the period of 21 days preceding the application, and

(g) in the case of an applicant that is a body corporate, be accompanied by a list of the names of the relevant officers of the body corporate and the certificate of personal fitness issued in respect of each such relevant officer in the period of 21 days preceding the application.

(3) Upon receipt of an application in accordance with this section and payment—

(a) to the Revenue Commissioners of the excise duty payable in respect of a remote bookmaker’s licence, or

(b) in circumstances where the applicant exercises the option under section 66C of the Finance Act 2002 , to the Revenue Commissioners of the first instalment referred to in that section,

and subject to subsection (4), the Revenue Commissioners shall issue to the applicant a remote bookmaker’s licence.

(4) The Revenue Commissioners shall not issue a remote bookmaker’s licence unless—

(a) they are satisfied that the applicant is a qualified person, and

(b) for the purposes of the issue of such a licence, a tax clearance certificate has been issued in accordance with the Taxes Consolidation Act 1997—

(i) to the applicant, or

(ii) in circumstances where the applicant is a body corporate, to the applicant and to each relevant officer of the applicant.

(5) A remote bookmaker’s licence shall—

(a) state the name and place of residence, or the principal office or place of business, of the person to whom it is issued, and

(b) specify the date from which the licence shall have effect.

(6) Subject to any order of the District Court under section 16 (inserted by section 23 of the Betting (Amendment) Act 2015), a remote bookmaker’s licence shall—

(a) remain in force until the licence final day next falling after the date from which that licence has effect, or

(b) where the applicant for that licence exercises the option under section 66C of the Finance Act 2002 but fails to pay the excise duty payable under section 66A of that Act on or before the date specified in subsection (1)(b)(ii)(I) of the said section 66C, remain in force until 30 June next following the grant of the licence.

(7) This section shall not operate to affect the issue of a licence under section 7A.

(8) In this section—

‘licence final day’ means, in relation to a remote bookmaker’s licence—

(a) the 30th day of June next falling after the year immediately following the year in which this section comes into operation, and

(b) the 30th day of June falling at the end of each period of 24 months following the licence final day immediately preceding the said period;

‘qualified person’ means, in relation to an application under this section—

(a) an individual to whom a certificate of personal fitness was issued under section 5A not earlier than 21 days before the making of the application, or

(b) a body corporate, each of the relevant officers of which have been issued with a certificate of personal fitness under section 5A not earlier than 21 days before the making of the application.

Remote betting intermediary’s licence

7C. (1) A qualified person may apply to the Revenue Commissioners for a licence authorising the person to carry on the business of, or act as, a remote betting intermediary.

(2) An application under this section shall—

(a) be in such form and made in such manner as may be specified by the Revenue Commissioners,

(b) specify the name of the applicant and the address at which he ordinarily resides and the address of his principal office or place of business,

(c) in circumstances where the applicant proposes to carry on the business concerned under a trading name, specify that trading name,

(d) specify the applicant’s e-mail address,

(e) specify a date (being either the first day of July next following the date of the making of the application or a day that is not more than 21 days after the date of the making of the application, whichever occurs sooner) from which he wishes the remote betting intermediary’s licence to have effect,

(f) in the case of an applicant who is an individual, be accompanied by the certificate of personal fitness issued to him in the period of 21 days preceding the application, and

(g) in the case of an applicant that is a body corporate, be accompanied by a list of the names of the relevant officers of the body corporate and the certificate of personal fitness issued in respect of each such relevant officer in the period of 21 days preceding the application.

(3) Upon receipt of an application in accordance with this section and payment—

(a) to the Revenue Commissioners of the excise duty payable in respect of a remote betting intermediary’s licence, or

(b) in circumstances where the applicant exercises the option under section 66C of the Finance Act 2002 , to the Revenue Commissioners of the first instalment referred to in that section,

and subject to subsection (4), the Revenue Commissioners shall issue to the applicant a remote betting intermediary’s licence.

(4) The Revenue Commissioners shall not issue a remote betting intermediary’s licence unless—

(a) they are satisfied that the applicant is a qualified person, and

(b) for the purposes of the issue of such a licence, a tax clearance certificate has been issued in accordance with the Taxes Consolidation Act 1997

(i) to the applicant, or

(ii) in circumstances where the applicant is a body corporate, to the applicant and to each relevant officer of the applicant.

(5) A remote betting intermediary’s licence shall—

(a) state the name and place of residence, or the principal office or place of business, of the person to whom it is issued, and

(b) specify the date from which the licence shall have effect.

(6) Subject to any order of the District Court under section 16 (inserted by section 23 of the Betting (Amendment) Act 2015), a betting intermediary’s licence shall—

(a) remain in force until the licence final day next falling after the date from which that licence has effect, or

(b) where the applicant for that licence exercises the option under section 66C of the Finance Act 2002 but fails to pay the excise duty payable under section 66B of that Act on or before the date specified in subsection (1)(b)(ii)(I) of the said section 66C, remain in force until 30 June next following the grant of the licence.

(7) This section shall not operate to affect the issue of a licence under section 7A.

(8) In this section—

‘licence final day’ means, in relation to a remote betting intermediary’s licence—

(a) the 30th day of June next falling after the year immediately following the year in which this section comes into operation, and

(b) the 30th day of June falling at the end of each period of 24 months following the licence final day immediately preceding the said period;

‘qualified person’ means, in relation to an application under this section—

(a) an individual to whom a certificate of personal fitness was issued under section 5A not earlier than 21 days before the making of the application, or

(b) a body corporate, each of the relevant officers of which has been issued with a certificate of personal fitness under section 5A not earlier than 21 days before the making of the application.”.