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2 1956

GAMING AND LOTTERIES ACT, 1956

PART II.

Gaming.

Unlawful gaming.

4. —(1) No person shall promote or assist in promoting or provide facilities for any kind of gaming—

(a) in which by reason of the nature of the game, the chances of all the players, including the banker, are not equal, or

(b) in which any portion of the stakes is retained by the promoter or is retained by the banker otherwise than as winnings on the result of the play, or

(c) by means of any slot-machine not prohibited by section 10.

(2) Such gaming is in this Act referred to as unlawful gaming.

(3) Gaming shall not be unlawful if no stake is hazarded by the players with the promoter or banker other than a charge for the right to take part in the game, provided that—

(a) only one such charge is made in respect of the day on which the game is played, and

(b) the charge is of the same amount for all the players, and

(c) the promoter derives no personal profit from the promotion of the game.

Use of places for unlawful gaming.

5. —No person shall open, keep or use any building, room or place, enclosed or unenclosed, or permit it to be opened, kept or used for unlawful gaming or take part in the care and management of or in any way assist in conducting the business of any building, room or place so opened, kept or used.

Gaming at circus or travelling show.

6. —(1) Gaming carried on at any place as part of a circus or other travelling show shall not be unlawful gaming if—

(a) gaming is not the main activity at the show, and

(b) the gaming does not extend over a period exceeding ten days and has not been carried on during the preceding three months as part of the show when being held at that place or anywhere within three miles of that place, and

(c) the stake in each game is not more than sixpence for each player, and

(d) no person under sixteen years of age is permitted to play, and

(e) no player may win more than the value of ten shillings in each game, and

(f) neither taking part in nor the result of a game entitles the player to take part in any other game or lottery or otherwise to receive or be eligible to compete for any money or money's worth, and

(g) notice in writing of the dates of gaming at the show has been previously given by the promoter to the Sergeant in charge of the local Garda Síochána station.

(2) For the purpose of paragraph (b) of subsection (1), the promotion of a lottery shall be deemed to be the carrying on of gaming.

Gaming at carnivals.

7. —(1) Gaming carried on as part of a carnival, bazaar, sports meeting, local festival, exhibition or other like event shall not be unlawful gaming if—

(a) the persons arranging for the holding of the event derive no personal profit from the event or from the game, and

(b) gaming is not the main activity of the event, and

(c) gaming at the event does not extend over a period exceeding one month, and

(d) the stake in each game is not more than sixpence for each player, and

(e) no person under sixteen years of age is permitted to play, and

(f) no player may win more than the value of ten shillings in each game, and

(g) neither taking part in nor the result of a game entitles the player to take part in any other game or lottery or otherwise to receive or be eligible to compete for any money or money's worth, and

(h) notice in writing of the dates of gaming at the event has been previously given by the promoter to the Sergeant in charge of the local Garda Síochána station.

(2) For the purpose of paragraph (c) of subsection (1), the promotion of a lottery shall be deemed to be the carrying on of gaming.

Residence qualifications for promoters of gaming.

8. —(1) In this section—

qualified individual” means an individual who, during the period of twelve months preceding a given date, has had his usual or principal place of residence in the State;

qualified company” means a body corporate in the case of which both a majority of the members and a majority of the persons exercising control and management are qualified individuals.

(2) Nothing in section 6 or section 7 shall render it lawful for a person to promote, assist in promoting or provide facilities for gaming to which section 4 applies unless—

(a) that person is a qualified individual or a qualified company, and

(b) if that person is acting on behalf of another person, that other person is also a qualified individual or a qualified company or an unincorporated body of persons, each member of which is a qualified individual.

(3) This section does not apply to an individual who is merely assisting in the promotion of gaming in accordance with a contract of service.

Gaming on licensed premises.

9. —(1) The licensee of premises licensed for the sale of intoxicating liquor shall not permit gaming on the premises.

(2) This section shall not prohibit the licensee or his private friends from playing cards for stakes in a part of the premises other than that in which the sale of intoxicating liquor generally takes place if the friends are being entertained by him at his own expense.

(3) This section does not apply to the playing of a game where no stake is hazarded by the players other than a charge for the right to take part in the game, provided that—

(a) only one such charge is made in respect of the day on which the game is played, and

(b) the charge is of the same amount for all the players, and

(c) the promoter (if any) derives no personal profit from the promotion of the game.

(4) A conviction for an offence under this section shall, if the Court in its discretion so thinks proper, be recorded on the licence.

Prohibition of slot-machines.

10. —(1) No person shall operate or cause or permit to be operated or provide facilities for the operation of any slot-machine designed to deliver, when successfully operated, a money prize or a token or other article which the promoter or any person acting on his behalf undertakes or is willing to exchange for money or money's worth or which may be used to enable the machine to be operated again.

(2) A person who has given money or money's worth in exchange for a token or other article delivered from a slot-machine shall be deemed, if not himself the promoter of the machine, to be acting on behalf of the promoter unless the contrary is shown.

(3) This section does not apply to a machine which is designed for amusement only and, when successfully operated, delivers no more than the amount of the stake and bears a notice explaining that it is of that kind.

Cheating.

11. —Every person who by any fraud or cheat in promoting or operating or assisting in promoting or operating or in providing facilities for any game or in acting as banker for those who play or in playing at, or in wagering on the event of, any game, sport, pastime or exercise wins from any other person or causes or procures any person to win from another anything capable of being stolen shall be deemed guilty of obtaining such thing from such other person by a false pretence, with intent to defraud, within the meaning of section 10 of the Criminal Justice Act, 1951 (No. 2 of 1951), and on conviction shall be punished accordingly.