Rien ne va plus – Government clamps down on gaming halls

Nearly two years after the clampdown on gaming halls which had mushroomed across the island in the absence of regulations, the government has finally issued a legal notice aimed at regulating this sector.

Gaming halls that mushroomed all over the island’s villages throughout 2008, and which were abruptly closed down in a mass police swoop in August 2009.

According to the regulations the Gaming Authority has the power not to grant or renew a license unless it is satisfied that the applicant and any associated persons are “fit and proper persons.”

All premises have to be equipped with closed circuit television cameras which are in operation 24 hours a day, every day of the week, and on which all relevant gaming devices are clearly visible and footage recorded by such closed circuit television cameras is stored for a minimum of sixty days shall ensure that the approved.

Premises have to contain no more than one relevant gaming device per two square metres of the area in which the playing of games takes place.

And all licensed premises have to install an identification plate issued by the Authority.

All premises will have to include a reception area having at least one desk used solely for the reception and entrance control of persons entering the approved premises.

Persons not allowed in these premises include persons who are under the age of 18; persons who appear to be under the influence of alcohol or any

Drug, and anyone failing to produce a valid identification card or passport.

The list of persons not allowed in these premises also includes those who have asked for an exclusion of their own admission.

The Authority shall provide licensed operators with a list of persons who are excluded, of their own accord or otherwise, from entering approved premises or participating in gaming activities.

One of the concerns raised in the past by Sedqa was that some of these premises were located in the vicinity of schools and youth clubs. The new rules make no specific reference to this but state that “all access points to the premises have to be located at a radial distance of not less than seventy-five meters from the respective entry points” of places, locations, premises or establishments which are still to be determined by specific directives.

Premises used for gaming will only be allowed to open for business between 11:00 a.m. and 11:00 p.m.

Any person who knowingly contravenes these regulations shall be liable to a minimum fine of €3,000 but not exceeding €235,000 apart from the seizure, removal, confiscation, destruction or disabling of relevant gaming devices and other equipment and software.

Inspectors will have the power to inspect and examine a relevant gaming devices, to play a game or games on a relevant gaming device for the purpose of confirming that the relevant gaming device is in compliance with the provisions of these regulations and to disable or seal any gaming device which was modified, tampered with, or re-programmed without the approval of the Authority.

Owners have to prominently display, notices on the risks associated with gaming; notices recommending responsible gaming and information on associations or other organizations which can assist persons who have gambling problems as well as information relating to the redemption or exchange of vouchers or tokens issued by relevant gaming devices.

The regulations do not apply to a person who operate gaming devices in a casino complex in which the business of casino gaming is allowed to be operated in terms of a casino license.

Different licenses will be issued for premises hosting machines connected to a central system (Class 4) and premises hosting machines which are not (Class 3).

A Class 4 license can only be issued to persons who have adequate financial and technical means, the expertise and experience necessary to properly operate the central system.

Licensees have to keep record of the identity, winnings and transactions carried out by any one player who, on any one day wagers, received or paid amounts which exceed €2,000. Such register shall, upon request, be made available to inspectors for review.

The new laws do not apply to operators of gaming devices in licensed casinos and to personal computers used in the privacy of the home.

Separate regulations have also been issued for amusement machines which cannot be placed in Class 3 and Class 4 gaming halls.

The law on amusement machines states clearly that it is unlawful for any person to, directly or indirectly, offer or receive a prize, reward or other benefit of a monetary value as a result or in connection with the use of the amusement machine.