The Irish Gambling Regulation Act 2024 and its impacts

Following lengthy debates in the parliament of Ireland, Oireachtas Éireann, over the course of nearly two years, the Gambling Regulation Act 2024 (the Act) will bring about much needed change to an outdated gambling regime. In the new age of online gambling, an explosion in sports betting and widespread social media usage, a fresh approach to the regulation of the industry was necessary. 

The Gambling Regulatory Authority of Ireland 

The Act establishes the Gambling Regulatory Authority of Ireland (GRAI) to regulate and supervise gambling activities, including gambling advertising. This is a welcome development to streamline the regulation of gambling and set up a dedicated body with the sole purpose of regulating the industry. Until now, various Irish government bodies have had a role to play. 

The GRAI was formally established on a statutory basis by way of Commencement Order with effect from 5 March 2025, with the Minister for Justice also approving the appointment of seven members of the GRAI. A CEO Designate has been in place since September 2022 to facilitate the commencement of the first sections of the Act. 

The primary functions of the GRAI are to administer and enforce the new licensing regime, manage the new National Gambling Exclusion Register and Social Impact Fund and ensure compliance with the Act by various stakeholders. 

The GRAI has several important enforcement powers available to it to ensure compliance with the new legislation and with the overarching goal of protecting public safety and wellbeing. Amongst these powers are the ability to issue notices of non-compliance, suspend or revoke licences that have been issued under the Act and make applications to the Circuit Court in relation to contraventions of the Act. 

Licensing

Under the Act, all gambling activity operators must obtain specific licences. These include separate licences for gaming purposes, lottery purposes (excluding the National Lottery) and gambling for charitable purposes. The latter will apply to fundraising activities for non-profit organisations and will be subject to a more straightforward application process than other gambling operators. 

The Act also legislates for distinct business to consumer (B2C) and business to business (B2B) gambling licences. B2B licences are new under Irish law and were the subject of much debate and scrutiny leading up to the Act's enactment. These licences are required for businesses that provide a "gambling related service" to another business. This is broadly defined as "any service provided, directly or indirectly, in the course of business which relates to a gambling activity or a gambling product or is ancillary to a gambling activity or a gambling product and includes providing, for the operation of a gambling activity" in respect of services specified. 

Part 10 of the Act provides transitional provisions to accommodate existing licence holders. Their licences under the current regime will remain in force until expiry, at which point they must apply to the GRAI for renewal. 

Inducements

Regulation of inducements to gamble was another contentious issue in the development of the Act. With the tackling of gambling addiction, a top priority of the Act, the initial draft of the legislation imposed a blanket ban on all forms of inducements. This was amended to permit the offer of inducements to the public while prohibiting the offering to individual persons or groups. The GRAI will have the authority to regulate the offering of inducements to the public in keeping with public policy. 

Advertising

During the development of the legislation, there were calls for an outright ban on advertising gambling. While this did not come to pass, the Act does impose significant restrictions, with the notable inclusion of a ban on broadcast gambling advertising between the hours of 5:30am and 9:00pm. 

A particular target of this measure is the protection of children. Specific provisions have been included to regulate the advertisement of gambling on social media. Only where an individual has an account with the gambling activity operator and follows the gambling activity social media account will they be allowed to be the recipient of gambling advertisements. As with inducements, the GRAI will have the ability to propose further regulations as needed. 

Addiction 

There are a number of provisions of the Act that aim to tackle problem gambling. All holders of a gambling licence will have to pay an annual contribution to the Social Impact Fund. This fund will be managed by the GRAI and will be used to finance initiatives to reduce problem gambling. 

The National Gambling Exclusion Register is a further support implemented by the Act. This can be joined voluntarily and will prevent registered members from accessing any licensed online gambling bodies. A licensed gambling body cannot accept a payment for gambling from a person on the register or communicate with them to encourage gambling. 

Other measures include the prohibition of the use of credit cards and credit facilities for gambling and the banning of ATM machines at gambling locations. 

Sanctions for non-compliance 

Breaches of the Act can lead to personal liability for the relevant officer of the offending licensee. A person convicted on summary may receive a fine not exceeding €5,000 and / or a prison sentence not exceeding 12 months. A person convicted on indictment may receive a fine and / or a prison sentence not exceeding five years. Financial penalties up to €20,000 or 10% of the turnover of the licensee, whichever is greater, may also be imposed because of a breach. 

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Disclaimer

This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.

Regulatory information can be found under Legal Notice