The Deputy will understand I cannot comment on the case because it was a court decision. On behalf of my colleague, the Minister for Justice, Equality and Law Reform, Deputy O'Donoghue, who could not be here with us tonight, I thank Deputy Connaughton for raising this matter in the House and for giving the Minister the opportunity to inform the House about this issue.
The legislation dealing with the procedures for the issuing of bookmakers' licences is the Betting Act, 1931. This Act lays down the procedure which must be adopted by both residents and non-residents in the State when applying for a bookmakers' licence. The Deputy will no doubt be aware that in accordance with section 7 of the Betting Act, 1931, responsibility for the issuing of a bookmakers' licence to applicants who meet the qualifying criteria rests with the Revenue Commissioners. The Deputy will also be aware that the role of the Minister for Justice, Equality and Law Reform in the issue of licences is in relation to the granting of certificates of personal fitness and certificates of suitability of premises. Certificates of personal fitness for applicants resident outside the State are granted by the Minister while certificates for applicants resident in the State are granted by a superintendent of the Garda Síochána.
Section 4 of the Betting Act, 1931, states that any person, other than a body corporate or an unincorporated body of persons, who is ordinarily resident in the State and desires to obtain a bookmakers' licence may, after publishing the required newspaper notice, apply for a certificate of personal fitness to the superintendent of the Garda Síochána for the district in which he or she has or proposes to have an office registered under the Act. If he or she has not and does not propose to have any such office, he or she should apply for a certificate of personal fitness to the superintendent of the Garda Síochána for the district in which he or she ordinarily resides. Every person intending to apply for a certificate of personal fitness is required to publish notice of his or her intention to make such application at least once in each of two newspapers circulating in the district of the superintendent to whom he or she intends to make such application.
A superintendent of the Garda Síochána to whom an application for a certificate of personal fitness is duly made will within 14 days after the receipt of the application either give to the applicant such certificate or refuse to give a certificate. A Garda superintendent may refuse an application for a certificate of personal fitness on any of a number of grounds, such as that arrears of any betting duty are due and owing by the applicant; that the applicant had been previously con victed of a crime or offence under any Act relating to gaming or betting; that a bookmakers' licence held by the applicant was revoked; that a previous refusal of a certificate was confirmed on appeal to the District Court; that the character of the applicant is such that would make him or her not a fit person to hold a licence; that the financial status of the applicant is such that would make him or her not a fit person to hold a licence and that the applicant had previously failed or refused to pay persons sums payable to persons who had won bets with him or her. A full list of the grounds for refusal are set out in section 6 of the Betting Act. Any person who has been refused a certificate of fitness may lodge an appeal against that decision to the District Court within 14 days of the notification of refusal. Notice of any such appeal must also be given to the superintendent of the Garda Síochána and to the Revenue Commissioners.
As regards a person who is resident outside the State, the application for a certificate of personal fitness is made directly to the Minister for Justice, Equality and Law Reform. The procedure for this application is similar to that for an application from a person resident in the State and is outlined in section 5 of the Betting Act, 1931. This section of the Act also provides that the Minister may either grant a certificate that the applicant is a fit and proper person to hold a bookmakers' licence or may, on any ground and without stating the ground, refuse such a certificate. A person to whom a certificate of personal fitness has been issued may then apply to the Revenue Commissioners for a bookmakers' licence. The application for the licence must be made within 21 days after the issue of a certificate of personal fitness.
The Deputy should be aware that a certificate of suitability of premises is also required before a bookmaker can commence business in any premises. An application for a certificate of suitability of premises is made to the superintendent of the Garda Síochána for the district in which the premises is situated. Any person intending to apply for such a certificate must publish notice of their intention to make an application in each of two newspapers circulating in the district in which the premises are located. There are a number of grounds on which a certificate of suitability may be refused.
They include the following: the applicant is neither a licensed bookmaker nor the holder of a certificate of personal fitness; the applicant is not the proprietor of the premises; and the premises are in close proximity to a place in or near which large numbers of persons congregate, or situated in a residential area. A full list of the grounds for refusal of a certificate of suitability of premises is set out in section 11 of the Betting Act, 1931.
As in the refusal of a certificate of personal fitness, a person who is refused a certificate of suitability of premises may appeal the decision to the District Court. A person to whom a certificate of suitability of premises has been issued may apply to the Revenue Commissioners to have the premises included in the register of bookmaking offices. The application for registration of premises must be made within 21 days after the issue of a certificate of suitability of premises. The Minister for Justice, Equality and Law Reform hopes the information supplied deals comprehensively with the issue raised by the Deputy.
The Dáil adjourned at 9.40 p.m. until 10.30 a.m. on Thursday, 24 May 2001.
