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2 1956

GAMING AND LOTTERIES ACT, 1956

PART IV.

Lotteries.

Prohibition of lotteries.

21. —(1) No person shall promote or assist in promoting a lottery.

(2) No person shall import, print, publish or distribute or sell, offer or expose for sale, invite an offer to buy or have in his possession for sale or distribution any ticket, counterfoil or coupon for use in a lottery or any document containing any information relating to a lottery.

(3) If any ticket, counterfoil or coupon for use in a lottery is found at any place or premises searched in pursuance of a search warrant under this Act, it shall be evidence until the contrary is proved, in a prosecution for a contravention of this section, that the person having control over the place or premises had it in his possession for sale or distribution.

(4) This section does not apply to a lottery declared by any provision of this Part not to be unlawful.

(5) This section does not apply to the printing of tickets, counterfoils, coupons or other documents for the promoters of a lottery promoted and conducted wholly outside the State.

Advertisement of lotteries.

22. —No person shall print, publish in any newspaper or periodical publication, exhibit on any cinema screen or broadcast by radio any notice or announcement concerning a lottery (other than an announcement of the results of a lottery declared by any provision of this Part not to be unlawful) or cause or procure any such notice or announcement to be so printed, published, exhibited or broadcast or knowingly circulate or cause or procure to be circulated any newspaper or periodical publication containing any such notice or announcement.

Private lotteries.

23. —A lottery shall not be unlawful if—

(a) the sale of chances is confined to—

(i) the members of one society established and conducted for purposes not connected with gaming, wagering or lotteries, or

(ii) persons all of whom work or reside on the same premises, and

(b) there is no written notice or announcement relating to the lottery except a notice on the premises of the society or other persons concerned or to members of the society.

Lotteries at dances and concerts.

24. —A lottery shall not be unlawful if—

(a) it is promoted as part of a dance, concert or other like event and the persons arranging for the holding of the event derive no personal profit from the event or from the lottery, and

(b) the total value of the prizes in the lottery is not more than twenty-five pounds and, if more than one lottery is held, the total value of the prizes for the event is not more than twenty-five pounds.

Lotteries at carnivals and other events.

25. —A lottery shall not be unlawful if—

(a) either—

(i) it is promoted as part of a circus or other travelling show on a day on which under section 6 gaming is permitted, or

(ii) it is promoted as part of a carnival, bazaar, sports meeting, local festival, exhibition or other like event on a day on which under section 7 gaming is permitted and the persons arranging for the holding of the event derive no personal profit from the event or from the lottery, or

(iii) it is promoted by the licensee of a licensed amusement hall or funfair as part of the entertainment therein, and

(b) the tickets are not sold outside the place or premises where the event is in progress, and

(c) they are sold only on the same day or night as the draw and announcement of results, and

(d) the price of each ticket is not more than sixpence, and

(e) no person may win more than the value of ten shillings in the lottery, and

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

Lotteries under permit or licence.

26. —(1) A lottery shall not be unlawful if it is promoted and conducted wholly within the State in accordance with a permit or a licence.

(2) Section 32 of the Betting Act, 1931 (No. 27 of 1931) (which relates to betting on football games), shall not apply to a lottery to which this section applies.

Permits.

27. —(1) A Superintendent of the Garda Síochána, on the application of any person residing in his district, may issue a permit for the promotion of a lottery in accordance with this section.

(2) The lottery shall comply with the following conditions:—

(a) the permit-holder shall derive no personal profit from the lottery;

(b) the total value of the prizes shall be not more than three hundred pounds;

(c) the value of each prize shall be stated on every ticket or coupon.

(3) A permit shall not be granted more than once in six months for the benefit of any one beneficiary.

(4) Where, however, a carnival, bazaar, sports meeting, local festival, exhibition or other like event is being organised, the permit may authorise the promotion of more than one lottery in conjunction with it. If more than one lottery is held in any week, the total value of the prizes for the week shall be not more than three hundred pounds.

(5) An appeal shall lie to the District Court from the refusal of a Superintendent to grant a permit. The decision of the District Court shall be final.

Lottery licence.

28. —(1) The District Court may grant a licence for the promotion, during such period, not exceeding one year, as shall be specified in the licence, of periodical lotteries in accordance with this section.

(2) Each series of lotteries shall comply with the following conditions:—

(a) it shall be for some charitable or philanthropic purpose or purposes;

(b) the licensee shall derive no personal profit from it;

(c) the total value of the prizes on any occasion shall be not more than five hundred pounds, and, if more than one lottery is held in any week, the total value of the prizes for the week shall be not more than five hundred pounds;

(d) the value of each prize shall be stated on every ticket or coupon;

(e) not more than forty per cent. of the gross proceeds shall be utilised for the expenses of promotion, including commission, and any free entry for the lottery shall be deemed to be a payment of commission to the extent of its value.

Notice of application for licence.

29. —(1) The intending applicant for a licence shall give twenty-eight days' notice in writing of his intention to the Superintendent of the Garda Síochána for the district in which the lottery is to be organised.

(2) The notice shall state the kind of lottery proposed to be carried on, the purpose of the lottery, the amount, or proportion of the proceeds, intended to be devoted to the remuneration of agents, ticket-sellers and other persons employed in connection with it, and the value of the prizes.

False statements on application for licence or permit.

30. —Any person who, in support of an application for a licence or permit, makes any statement or representation (whether written or oral) which is to his knowledge false or misleading in any material respect shall be guilty of an offence and shall on summary conviction thereof be liable to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

Hearing of application.

31. —(1) In considering an application for a licence the court shall have regard to—

(a) the character of the applicant, and

(b) the number of periodical lotteries already in operation in the locality.

(2) At the hearing, the Superintendent of the Garda Síochána and any other person who appears to the Court to be interested may appear and may adduce evidence in relation to the application.

Appeal in respect of application for licence.

32. —Without prejudice to any right of appeal given by any other Act, an appeal shall lie to the Circuit Court—

(a) by the applicant for a licence—from the order of the District Court refusing the application,

(b) by the applicant—from the part of the order of the District Court specifying the period of the licence, and

(c) by any person who at the hearing opposed the application—from the order of the District Court granting the licence or the part of the order specifying the period of the licence.

Lottery tickets.

33. —Every ticket, coupon, counterfoil and notice relating to a lottery (other than a lottery to which section 23, 24 or 25 applies) shall bear the name and address of the holder of the licence or permit, or, if the licence or permit is in the name of more than one person, of one of them, and of the printer, and of the beneficiary or object, and shall state whether it is being carried on under a licence or under a permit and the Court or Superintendent by whom the licence or permit was granted.

Prohibition on taking or sending money or documents out of State.

34. —(1) No person shall take or send or attempt to take or send out of the State any ticket, counterfoil or coupon for use in a lottery or any money for the purchase of, or any money representing the purchase-price of, a ticket or chance in a lottery or a prize won in a lottery, or any document relating to the purchase or sale of, or indicating the identity of the holder of, any such ticket or chance.

(2) This section does not apply to the export of tickets, coupons, counterfoils and other documents printed in the State for the promoters of a lottery promoted and conducted wholly outside the State.

(3) Where a lottery is promoted in accordance with a licence for a beneficiary outside the State, this section shall not prohibit the taking or sending out of the State, to a person acting on behalf of the beneficiary, of documents relating to the lottery when the prize-winners have been determined.

Exemption from Betting Acts.

35. —The holder of a licence or permit for a lottery shall not be required to hold a bookmaker's licence under the Betting Act, 1931 (No. 27 of 1931), and the Betting Act, 1853, shall not apply in relation to the use of premises in connection with the lottery.