Gambling Regulation Northern Ireland
Click here to view this briefing in PDF format.
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. NICVA (the Northern Ireland Council for Voluntary Action) welcomes the opportunity to respond to the Department for Communities’ (the Department) consultation paper on the Regulation of Gambling in Northern Ireland. NICVA is the umbrella representative organisation for the voluntary and community sector in Northern Ireland with a membership. Northern Ireland has launched a public consultation on gambling regulations as it considers future legislation. The consultation seeks to assess the appropriateness of current legislation and to identify gambling products which should be included in any future legislation.
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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Ireland with a regime described by the Stormont “All Party Group” tasked with reviewing this area as being “hopelessly out of date” in the internet age.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:
- 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;
- 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?
- 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 public want to see strict new laws to protect people from gambling addictions, according to a survey.
The poll found that 60% of those surveyed would like to see a complete ban on gambling advertising in Northern Ireland.
Meanwhile, 80% favoured limits on how much customers can deposit in online gambling accounts and 80% wanted online gambling to be subject to the same controls as land-based gambling.
Just 20% of respondents believe that current gambling regulations do a good job protecting customers, and 75% backed the creation of an independent gambling regulator.
The research by Survation was unveiled at the launch of a Stormont inquiry by the All Party Group on Reducing Harm Related to Gambling on Tuesday.
It is examining how best to reform Northern Ireland's gambling legislation, which predates the internet.
The region has the highest incidence of problem gambling on these islands.
In 2016, a Department for Communities survey identified 2.3% of the population as having a gambling problem.
This is more than four times higher than that recorded in Britain and almost three times higher than in the Republic of Ireland. International studies suggest that the suicide rate among people with a gambling disorder is 15 times that of the general population.
The survey findings have been backed by the group's vice chair Sinn Fein MLA Philip McGuigan, who himself battled with a gambling addiction.
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He lost more than £100,000 through online gambling over eight years, and said it had had a huge impact on his family life.
The North Antrim representative described legislation as at least 30 years out of date.
'The Betting, Gaming, Lotteries and Amusements Order predates both fixed-odds betting terminals and the internet,' he said.
'Reform is well overdue.'
Mr McGuigan said as an avid sports fan he is 'bombarded' with adverts for online gambling, and expressed concern at it being to some extent a 'hidden' problem, with online gambling allowing people to get their fix without even leaving their homes.
'Unfortunately, there are a huge number of people on this island battling gambling additions across all sectors of society,' he said.
'It is a growing problem with females, playing bingo and roulette. People nowadays can gamble 24/7 without leaving their homes, at work.'
Mr McGuigan admitted he thought long and hard before speaking publicly about his experiences for the first time earlier this year, but said scores of people contacted him and he was able to direct them to help.
He also urged the need for healthcare provision for gambling addictions.
'Across the world gambling related harm is increasingly being recognised as a serious public health problem,' he said.
'We need to treat it as such here. That means putting measures in place which help prevent gambling-related harm arising in the first place.'
The group's chairman UUP's Robbie Butler said over the coming weeks members will examine what needs to be done to reduce gambling-related harms and invite organisations and individuals to make submissions.
Oral evidence will be heard from November.
'Once our report is completed, we will send our recommendations to the Northern Ireland Executive,' he said.
'What is already clear is that new regulations should be focused on protecting vulnerable people and their families, putting the consumer first.'
The call for written evidence for the inquiry will close on Friday 6 November.