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Sports Betting: Law and Policy (Northern Ireland)

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Sports Betting: Law and Policy

Part of the book series: ASSER International Sports Law Series ((ASSER))

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Abstract

This book looks at Law and the Policy on Betting and Sport in many countries around the world—sport is a global phenomenon—providing a very useful and valuable comparative survey on a subject that is so vital for safeguarding and preserving the integrity of those sports in which betting is legally allowed. The country reports show how sports-related betting is organised in the country concerned, also from a historical and policy perspective (national Lotteries Act; state run/state licenced lotteries and/or private operators; how the licencing system for public operators works; state supervisory mechanisms, etc.), and contain a treatment of the national case law.

Jack Anderson—Doctor of Law.

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Notes

  1. 1.

    Statistics and figures taken from Report on the Economic Importance of Sport in Northern Ireland 2007.

  2. 2.

    See the report on the acquisition by Walsh 2008, p. 47 (Business Section).

  3. 3.

    See generally Dickson 2005 and Anthony and Morison 2005.

  4. 4.

    Final Report of the Betting Laws Committee on Lottery, Betting and Gaming Laws 1947.

  5. 5.

    Final Report of the Royal Commission on Lotteries and Betting1932–1933.

  6. 6.

    Report on the Royal Commission on Betting, Lotteries and Gaming 1949–1951.

  7. 7.

    For an excellent review of the parallel and more progressive developments in Britain see Miers 2004, at chs. 3, 6, 9 and 10.

  8. 8.

    Final Report of the Betting Laws Committee on Lottery, Betting and Gaming Laws 1947, p. 11.

  9. 9.

    Final Report of the Betting Laws Committee on Lottery, Betting and Gaming Laws 1947, pp. 11–15

  10. 10.

    33 Henry VII c9.

  11. 11.

    6 Anne c17.

  12. 12.

    Gaming and Lotteries Act 1712, 11 Anne c5 & c6.

  13. 13.

    Gaming Act 1739, 13 George II c8.

  14. 14.

    Under Article 9(1) of the Horse Racing (NI) Order 1990 (SI 1999/1508 (NI 12)) any person who applies for the grant or renewal of a bookmaker’s licence or a bookmaking office licence under Part II of the Betting, Gaming, Lotteries and Amusements (NI) Order 1985 [SI 1985/1204 (NI 11)] must pay a charge to the benefit of the Department of Agriculture and Rural Development. Collectively, these charges, known as the Horse Racing Fund, are used for the financial support and development of the Downpatrick and Down Royal racecourses. See also the Horse Racing (Charges on Bookmakers) Order (NI) 2007 (SR 2007/83).

  15. 15.

    Lottery Act 1779–1780, 17 &18 George III c5. For a review of the British state lottery laws of the period see Miers 2004, Chap. 5.

  16. 16.

    The Three Reports from the Select Committee of the House of Lords on the Laws Respecting Gaming (House of Lords, London, 1844, HL 604) and Report from the Select Committee of the House of Common on Gaming (House of Commons, London, 1844, HC 297).

  17. 17.

    Note the modern, regulated expression of this principle in Calvert v William Hill [2008] EWHC (Ch) 454.

  18. 18.

    Final Report of the Betting Laws Committee on Lottery, Betting and Gaming Laws 1947, pp. 16–19.

  19. 19.

    Final Report of the Betting Laws Committee on Lottery, Betting and Gaming Laws 1947, pp. 57–59.

  20. 20.

    Final Report of the Betting Laws Committee on Lottery, Betting and Gaming Laws 1947, p. 21.

  21. 21.

    For some background see further Coleman 2005.

  22. 22.

    Final Report of the Betting Laws Committee on Lottery, Betting and Gaming Laws1947, p. 19.

  23. 23.

    Final Report of the Betting Laws Committee on Lottery, Betting and Gaming Laws 1947, pp. 34 and 70. The usual form of the gambling game of “pitch and toss” is where the player who manages to throw a coin closest to a set mark gets to toss all the coins, winning those that land with the head up.

  24. 24.

    Final Report of the Betting Laws Committee on Lottery, Betting and Gaming Laws 1947, pp. 34–35.

  25. 25.

    Final Report of the Betting Laws Committee on Lottery, Betting and Gaming Laws 1947, pp. 69–71.

  26. 26.

    Final Report of the Betting Laws Committee on Lottery, Betting and Gaming Laws 1947, pp. 17–19.

  27. 27.

    The authority of the House of Lords’ decision in Powell v Kempton Park Racecourse Company [1899] AC 143 being good law in Northern Ireland. For general background to that case see further Miers 2004, pp. 253–261.

  28. 28.

    Final Report of the Betting Laws Committee on Lottery, Betting and Gaming Laws 1947, pp. 25–26.

  29. 29.

    [1933] 1 KB 400.

  30. 30.

    Final Report of the Betting Laws Committee on Lottery, Betting and Gaming Laws 1947, pp. 26–28.

  31. 31.

    Final Report of the Betting Laws Committee on Lottery, Betting and Gaming Laws 1947, pp. 28–34.

  32. 32.

    Final Report of the Betting Laws Committee on Lottery, Betting and Gaming Laws1947, p. 33.

  33. 33.

    Final Report of the Betting Laws Committee on Lottery, Betting and Gaming Laws1947, p. 60.

  34. 34.

    Section 2 of the Betting Act (Ireland) 1931.

  35. 35.

    Final Report of the Betting Laws Committee on Lottery, Betting and Gaming Laws 1947, pp. 71–75.

  36. 36.

    Similar to the scheme found in Part II of the Betting and Lotteries Act (UK) 1934.

  37. 37.

    Final Report of the Betting Laws Committee on Lottery, Betting and Gaming Laws 1947, pp. 59–63 provide an interesting, if slightly dated, review of the social problems inherent in the debate on the legalisation of sports gambling.

  38. 38.

    The existing on-course betting regime was left largely intact, as was the regime governing betting by way of football pools save section 32 of the 1957 Act, which preferred that pool betting be done directly between registered pool promoters (under the Pool Betting Act (UK) 1954) and the individual client, without the employment of agents.

  39. 39.

    For a partly revised copy of the 1957 Act, see http://www.bailii.org/nie/legis/num_act/balai1957381/ (last viewed on 16 December 2008).

  40. 40.

    See centrally section 7 of the 1957 Act, grounds for refusal of certificate of suitability of premises.

  41. 41.

    [1959] NI 98.

  42. 42.

    [1965] NI 7.

  43. 43.

    [1967] NI 82.

  44. 44.

    [1968] NI 16.

  45. 45.

    [1984] NI 373.

  46. 46.

    [1964] NI 77.

  47. 47.

    [1969] NI 189.

  48. 48.

    [1961] NI 102.

  49. 49.

    [1976] 1 WLR 1117; [1976] 3 All ER 153; [1976] NI 8.

  50. 50.

    See, for example, Senator Hanseatische VerwaltungsgesellschaftmbH [1997] 1 WLR 515, [1996] 4 All ER 933.

  51. 51.

    Compare the law in Northern Ireland with, for example, the Betting, Gaming and Lotteries Act (UK) 1963, the Gaming Act (UK) 1968 and the Lotteries and Amusement Act (UK) 1976. Not that the law in Great Britain at the time was without difficulties in dealing with technological advances; see generally the Final Report of the Royal Commission on Lotteries and Betting 1978.

  52. 52.

    See Grant 2005.

  53. 53.

    Parliamentary Debates (Hansard) House of Commons, 6th series, vol. 83, cols 631–648.

  54. 54.

    Parliamentary Debates (Hansard) House of Lords, 5th series, vol. 466, cols 1523–1535.

  55. 55.

    Parliamentary Debates (Hansard) House of Commons, 6th series, vol. 83, col 632.

  56. 56.

    For a revised version of the 1985 Order see online at http://www.opsi.gov.uk/RevisedStatutes/Acts/nisi/1985/cnisi_19851204_en_1 (last viewed on 16 December 2008).

  57. 57.

    Parliamentary Debates (Hansard) House of Commons, 6th series, vol. 83, col 633, Chris Patten, Parliamentary Under-Secretary for Northern Ireland.

  58. 58.

    See, for example, the discussion of the provision on amusement arcade permits (articles 109–121) in R v Secretary of State ex parte Anderson, Unreported, Queen’s Bench Division, MacDermott LJ, 14 October 1988 and Re O’Connor’s Application [1991] NI 77. Both cases mention the then accompanying secondary regulations, which are now contained in the Gaming Machine (Prescribed Licensed Premises) Regulations (NI) 1998 (SI 1998/57) permitting the use of gaming machines in the bar areas of public houses and licensed hotels.

  59. 59.

    See further the Registration of Clubs (NI) Order 1996 [SI 1996/3159 (NI 23)]; originally, the Registration of Clubs (NI) Act 1967.

  60. 60.

    See further, Parliamentary Debates (Hansard) House of Lords, 5th series, vol. 466, col 1526, Lord Lyell and the contribution of Lord Fitt at cols 1529–1533.

  61. 61.

    Most recently, the Gaming (Variation of Monetary Limits) Order (NI) 2003 (SR 2003/15).

  62. 62.

    Ibid at col 634.

  63. 63.

    Ibid at col 635.

  64. 64.

    See generally Section 63 of the National Lottery Act (UK) 1963 and Section 3 of schedule 1 of the 1993 Act for the detailed amendments to the 1985 Order.

  65. 65.

    Subject to the provisions of the Police and Criminal Evidence (NI) Order 1989 [SI 1989/1341(NI 12)].

  66. 66.

    See, for instance, In the Matter of an Application by Dennis Burke, Unreported, Queen’s Bench Division, Carswell LJ, 9 March 1994 and Re Ava Leisure Ltd’s Application [1999] NI 203 both of which concern the procedure surrounding the refusal to grant an amusement permit pursuant to article 119 of the 1985 Order.

  67. 67.

    [1988] NI 465.

  68. 68.

    SI 1996/3158 (NI 22).

  69. 69.

    [2002] NICA 37, [2003] NI 14.

  70. 70.

    Re O’Loughlin’s Applications [1985] NI 421, applied (similar interpretation of the requirements in schedule 1 of the Licensing Act (NI) 1971).

  71. 71.

    Stubbings v UK [1997] 3 FCR 157, applied (Limitations Act (UK) 1980, which placed a time bar on the bringing of civil claims, did not constitute a breach of article 6(1)ECHR).

  72. 72.

    See, for instance, Nolan v Elliott & Ors, Unreported, Court of Appeal, Lord Hutton LCJ, O’Donnell, Kelly LJJ, 18 January 1990; McCartan v Finnegan & Ors [1994] NI 132; In the Matter of an Application by McClean & Ors, Unreported, Queen’s Bench Division, Nicholson J, 24 November 1994; In the Matter of an Application by McClean & Ors, Unreported, Court of Appeal, MacDermott L J, 25 November 1994; and Re Eastwood’s Application [1997] NI 73.

  73. 73.

    [1997] NI 133.

  74. 74.

    Ibid at pp. 138–140.

  75. 75.

    Betting and Gaming (NI) Order 2004 (SI 2004/310 (NI 1)). For full access to the provision see http://www.opsi.gov.uk/si/si2004/20040310.htm (last viewed on 16 December 2008).

  76. 76.

    Article 4(4), (6), (7) and schedule 1.

  77. 77.

    Though change is likely: Consultation Paper: Betting and Gaming Law, Proposed Changes Including Relaxation of Sunday restrictions 2006.

  78. 78.

    Article 5(1) and schedule 2. See also the Betting and Gaming (2004 Order) (Commencement No. 3) Order (NI) 2004 (SR 2004/423); the Magistrates’ Courts (Betting, Gaming, Lotteries and Amusements) (Amendment No 2) Rules (NI) 2004 (SR 2004/450); the County Courts (Amendment No 2) Rules (NI) 2004 (SR 2004/463); the County Court Fees (Amendment) Order (NI) 2007 (SR 2007/378); and the Bookmaking (Forms of Licences) Regulations (NI) 2004 (SR 2004/424).

  79. 79.

    See also the requirements on permitted advertising in the Bookmaking (Licensed Offices) Regulations (NI) 2004 (SR 2004/258).

  80. 80.

    Amending article 96(4)(c) and schedule 13 of the (NI) Order 1985. See also the Gaming Machine (Form of Amusement Permit) Regulations (NI) 2004 (SR 2004/353).

  81. 81.

    See also the Betting and Gaming (2004 Order) (Commencement No.1) Order (NI) 2004 (SR 2004/256) and the Bookmaking (Forms of Licences) (Amendments) Regulations (NI) 2004 (SR 2004/257).

  82. 82.

    See also the Betting and Gaming (2004 Order) (Commencement No.2) Order (NI) 2004 (SR 2004/352) and the Gaming Machine (Form of Amusement Permit) Regulations (NI) 2004 (SR 2004/353).

  83. 83.

    Contrast Section 93 of the Gambling Act (UK) 2005 with Article 44 of the 1985 Order. See further Consultation Paper: Betting and Gaming Law, Proposed Changes Including Relaxation of Sunday restrictions 2006, at Section 5.

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Authors and Affiliations

  1. School of Law, Queen’s University, Belfast, Northern Ireland, UK

    Jack Anderson

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Editors and Affiliations

  1. , National Sports Law Institute, Marquette University Law School, West Michigan Street 1215, Milwaukee, 53201, Wisconsin, USA

    Paul M. Anderson

  2. , ASSER International Sports Law Centre, T.M.C. Asser Instituut, R.J. Schimmelpennincklaan 20-22, The Hague, 2517 JN, Netherlands

    Ian S. Blackshaw

  3. , ASSER International Sports Law Centre, T.M.C. Asser Institute, The Hague, 2500 GL, Netherlands

    Robert C.R. Siekmann

  4. , ASSER International Sports Law Centre, T.M.C. Asser Institute, The Hague, 2500 GL, Netherlands

    Janwillem Soek

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© 2011 T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors

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Anderson, J. (2011). Sports Betting: Law and Policy (Northern Ireland). In: Anderson, P., Blackshaw, I., Siekmann, R., Soek, J. (eds) Sports Betting: Law and Policy. ASSER International Sports Law Series. T.M.C. Asser Press. https://doi.org/10.1007/978-90-6704-799-9_36

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