Mon. Nov 25th, 2024
Irish vs British Legislation: What are the Differences in Gambling?

For as long as people have been a part of a society, gambling has been a present constant. Archeological evidence suggests that dice games have been played since the Paleolithic era. Throughout all of human history, different cultures have come up with different games that they can place money on. Also, different cultures have found different ways to regulate gambling.

Gambling Regulation: Why it is Important

Many gamblers have made quite the hubbub regarding gambling regulation and legislation. Mostly, the concerns are raised when a government outright makes gambling illegal. We’ve seen numerous times in human history that prohibition does not work, so many would prefer a legal and regulated gambling industry, rather than one operated by criminals.

But, the most important reason that gambling regulation is necessary is to keep gamblers themselves safe. For example, we can take the relatively up-and-coming online casino industry. When online casinos first started out, back in the 1990s, many countries had not passed laws regarding online casino regulation. However, recently, that has changed.

The result is a much safer and more secure online gambling industry. For example, Irish gamblers can find some highly reputable online gambling options in Ireland, and play their favorite games. The same is true for British casinos. The reason is that both countries have some strong regulations regarding online gambling. But, what interests us is where do these countries’ legislations differ? 

British Legislation 

In 2012, the popular game show Deal or No Deal got into some hot water, because of the British legislation regarding gambling. According to British law, any game that players must pay in order to enter, and which does not require any degree of skill to win (or lose) is classified as gambling. From that point of view, one could see how the game show would be classified as a gambling game.

At first glance, the law here is sound, and makes perfect sense. However, there is a bit of trouble in defining exactly what a “non-skill” game is. The question then becomes, what is the level of skill going into a game, that makes it a “non-skill” game? The British law does address this issue, citing that a non-skill game is one that prevents a decent portion of people who want to participate from doing so. 

Of course, there are the general laws regarding gambling in the UK as well, such as those prohibiting gambling outside of designated legal establishments (online and offline), laws restricting minors from gambling, and laws restricting gambling establishments from certain advertisement platforms. All of these laws are covered by the Gambling Act 2005, which overhauled a lot of the British gambling laws.

There is also the matter of online casinos, that are becoming a lot more popular in the 2020s. According to UK laws, and the Gambling Act 2005, all remote gambling businesses, whether that be online casinos or telephone casinos, must be licensed. Not only that, but separate licensed are required for different activities, allowed on the website. 

For example, if an online casino doubles as a sportsbook or a bingo website, different licenses will be necessary for all three activities. Not to mention, the gambling software itself needs to be examined, licensed and regulated. It is this heavy regulatory measure that makes the UK’s online gambling market one of the safest in the world. 

Northern Ireland

The Gambling Act 2005 bill does not apply to the territory of Northern Ireland. Despite the fact that Northern Ireland is a part of the United Kingdom, anything pertaining to gambling falls under the jurisdiction of the Betting, Gaming, Lotteries & Amusements Order of 1985. The order applies to any form of gambling, with the sole exception of the National Lottery.

Unfortunately, the Betting, Gaming, Lotteries & Amusements Order does not cover online gambling, which means that iGaming is unregulated in Northern Ireland. Some believe that this is a good thing, as it gives residents the freedom to access any website they want. However, the downside to that is that there are no regulatory measures to ensure that the websites accessed are safe and reliable. 

For this reason, many have criticized the lack of action on the part of Northern Ireland’s local governments. With the rise of cybercrime in the 21st century, there is a clear and undeniable reason to make some changes. However, the region has opted to retain its relatively outdated laws surrounding gambling. Remember, after all, that online casinos did not even exist when the order was passed.

The Republic of Ireland

We finally reach the Republic of Ireland, where the gambling laws are quite complicated, and worth delving into. First, we should address the fact that some of the basic rules surrounding advertisement, legal age, and what constitutes a gambling game in the first place are quite similar to the United Kingdom. For example, the legal gambling age in Ireland is also 18. 

However, where it gets complicated is when we get to the legality of casinos. Indeed, the Republic of Ireland has banned land-based casinos. In 1956, the Republic of Ireland passed laws prohibiting the operation of any land-based casinos. However, private clubs are allowed to provide betting machines and game tables for their members. As things stand, there are about a dozen or so “private gambling clubs” in the Republic of Ireland.

Where it gets strange is the Irish laws regarding online casinos. The digital age has ensured that many prefer to do their business online. Whether it be shopping on Amazon, working from home, or even gambling, many prefer the home environment. What is interesting is that the Republic of Ireland has legalizing gambling at licensed and regulated online casinos, whether they be domestic or offshore.

This is an interesting twist on what we commonly see. Usually, countries will ban online casinos, while land-based establishments are legal. It is quite rare to see the opposite. Of course, online casinos are regulated in the country. As we said, it is only legal to play at registered and licensed gambling websites. After all, the safety of customers should be both the country’s and the businesses’ top priority.

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