Regolamenti tal-2018 dwar Fondi għal-Logħob

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,028, 20 ta’ Lulju, 2018

Taqsima B

A.L. 245 tal-2018

ATT DWAR IL-LOGĦOB

(KAP. 583)

Regolamenti tal-2018 dwar Fondi għal-Logħob

Taqsim tar-Regolamenti

Regolamenti

Taqsima I

Titolu, Tifsiriet u Teritorjalità

1 - 3

Taqsima II

Approvazzjoni ta’ Fondi għal-Logħob

Taqsima III

Reġistrazzjoni ta’ Ġugaturi f’Fondi għal-Logħob

Taqsima IV

Esklużjoni personali mil-Logħob

6 - 9

Taqsima V

Fondi għal-Logħob Kontrollati

10 - 18

A.L. 245 tal-2018

ATT DWAR IL-LOGĦOB

(KAP. 583)

Regolamenti tal-2018 dwar Fondi għal-Logħob

BIS-SAĦĦA tas-setgħat mogħtija bl-artikolu 12 tal-Att dwar il-

Logħob, is-Segretarju Parlamentari għas-Servizzi Finanzjarji,

Ekonomija Diġitali u Innovazzjoni, wara konsultazzjoni mal-Awtorità

ta’ Malta dwar il-Logħob, għamel dawn ir-regolamenti li ġejjin:-

Taqsima I

Titolu, Tifsiriet u Teritorjalità

The title of these regulations is the Gaming Premises Citation.

Regulations, 2018.

(1) In these regulations, save as provided in sub- Interpretation.

regulations (2) and (3), all words and phrases shall have the same

meaning as prescribed in the Gaming Definitions Regulations, 2018. L.N.

2018. (2) In these regulations, unless the context otherwise requires,

"the Act" means the Gaming Act.

(3) All other terms used in these regulations shall have the

same meaning attributed to them in the Act.

(1)

These regulations only apply to gaming premises in Applicability.

Malta.

(2) No gaming service may be provided on vessels, aircraft or

other vehicles in Malta, with the exception of authorised cruise

casinos

Provided that for the avoidance of any doubt, the previous

paragraph does not apply to vessels or aircraft flying or entitled to fly

the flag of Malta, or registered in Malta, whilst the said vessel or

aircraft is navigating or flying outside and beyond the territorial

waters of Malta.

Part II

Approval of Gaming Premises

No person shall use, or knowingly or negligently allow the

use of, whether actively or passively, premises in Malta to be used as

gaming premises unless such person is in possession of a valid

approval of such gaming premises in accordance with such procedure

as may be prescribed by the Authority in a binding instrument and the

gaming service provided therein is authorised

Provided that the Authority may, by way of a binding

instrument, exempt certain types or categories of gaming premises

from the requirement of approval.

Part III

Registration of Players in Gaming Premises

(1) A gaming premises operator shall register all players

forthwith upon their entry into the gaming premises, and in any case

before they make use of its gaming service.

(2) Registration shall be carried out in such manner as the

Authority may, by binding instrument, require.

Part IV

Self-Exclusion from Gaming

(1) Gaming premises operators shall make readily

available the possibility for any person to exclude himself from

gaming for a period of time, with the option of such period of time

being renewed automatically, and the procedure whereby he may avail

himself of this opportunity, including such forms or other

documentation as may be required.

(2) Gaming premises operators shall offer their assistance to

any person that wishes to exclude himself from gaming and shall

guide such person through the procedure to do so, duly explaining the

contents of the procedure and its effects on the person to whom it

shall apply.

(1) Without prejudice to the provisions of regulation 8,

the application for self-exclusion may only be submitted by the

person to whom it shall apply.

(2) Upon receiving the self-exclusion form, the gaming

premises operator shall ensure that any information and

documentation required is duly provided, and shall forthwith enter the

person’s details in the unified self-exclusion database.

(3) Where the application is made on a hard copy of the self-

exclusion form, the completed application shall be sealed and secured

forthwith in the self-exclusion submission box.

(4) The self-exclusion submission box shall be placed in a

location behind the reception desk of the gaming premises which is

clearly visible in security footage at all times.

(5) The contents of such self-exclusion submission box shall

be collected by officers of the Authority from time to time, otherwise

delivered to the Authority in such manner as the Authority may, by

binding instrument or otherwise, prescribe.

(6) With respect to the unified self-exclusion database

(a)

gaming premises operators shall ensure that they

have in place all the necessary prerequisites to access the

unified self-exclusion database at all times;

(b) if the gaming premises operator does not have

access to the unified self-exclusion database for any reason

outside of its control, it shall notify the Authority forthwith;

(c)

if during such time a person fills in the relevant self-

exclusion form, the gaming premises operator shall immediately

notify the Authority of such person, and shall enter the person’s

details in the unified self-exclusion database forthwith upon

regaining access thereto;

(d) upon regaining access to the unified self-exclusion

database, the gaming premises operator shall verify that all

persons who entered the gaming premises during the time in

which it was inaccessible were not self-excluded persons

Provided that if a self-excluded person entered the gaming

premises during such time, the gaming premises operator shall

immediately inform the Authority of such occurrence

Provided further that if the self-excluded person is still

within the gaming premises at such time, the gaming premises

operator shall immediately terminate such person’s game and request

such person to leave the premises immediately. In doing so the

gaming premises operator may call upon the assistance of such

officers of the Authority or of the Police as may be necessary to

ensure the compliance of the self-excluded person. The Authority

may, by binding instrument, further prescribe what should occur in

any such circumstance.

(7) Whenever the unified self-exclusion database is not

functioning, any person that becomes aware of such malfunction shall

notify the Authority forthwith. During such time as the unified self-

exclusion database is not functioning, the provisions of sub-

regulation (6) shall apply.

(8) Without prejudice to the provisions of regulation 8, an

exclusion of a person from gaming may only be implemented in terms

of this regulation upon the request of such person.

(9) Any exclusion from gaming implemented in terms of this

regulation shall only be removed upon request of the relevant player

or upon expiry of the set duration, and the period thereof may only be

decreased upon request of the relevant player.

(10) A notice by the player increasing or renewing the period of

self-exclusion shall be effective immediately upon its receipt by the

gaming premises operator.

(11) Notwithstanding any other provision of this article or any

other law, a period of exclusion from playing in gaming premises shall

not be decreased or revoked before the expiry of the set duration.

(1) Persons who are confirmed by a competent medical

professional as being pathological gamblers may present proof of

such diagnosis to any gaming premises operator or to the Authority,

accompanied by a duly filled in self-exclusion form.

(2) In any such case

(a)

if the recipient is a gaming premises operator, he

shall forthwith take the steps envisaged in regulation 7(2),

excluding the person from gaming for a period of one year,

which is automatically renewable and shall forthwith notify the

Authority of the registration of a pathological gambler in the

unified self-exclusion database;

(b) if the recipient is the Authority, it shall forthwith

enter the person’s details in the unified self-exclusion database,

barring such person from gaming for a period of one year which

is automatically renewable

Provided that in either case, the Authority shall inform all

gaming premises operators of the registration of a pathological

gambler in the unified self-exclusion database forthwith, subject to all

requirements in terms of data protection legislation and other

applicable laws.

(3) A person who has been excluded from gaming in terms of

sub-regulation (2) shall only be allowed to make use of a gaming

service upon producing proof from a competent medical professional

that he is no longer a pathological gambler.

(4) (a)

The exclusion envisaged in this regulation may also

be requested by any interested person for any person who has been

medically diagnosed as a pathological gambler.

(b) In any such case, the interested person shall apply in

the manner envisaged in this regulation, specifying the person with

regards to whom the exclusion is sought and his interest in the

welfare of such person, and submitting all the necessary

documentation to accompany the exclusion form.

Failure to adhere to the regulations envisaged in this Part Criminal

shall amount to a criminal offence in terms of the Third Schedule of liability.

the Act.

Part V

Controlled Gaming Premises

Controlled gaming premises shall, in order to be eligible Controlled

for approval by the Authority, comply with all the provisions in this gaming

premises require

Part together with all other requirements applicable to gaming approval.

premises, and such other requirements as the Authority may, by

binding instrument, prescribe.

(1) Controlled gaming premises shall have any and, or Minimum

all access points to the premises located at a radial distance of not less distance

certain

than seventy-five metres from the centre of the respective entry points premises.

at the perimeter of

(a)

the following educational establishments

(i)

kindergartens;

(ii)

primary schools;

(iii)

secondary schools;

(iv)

post-secondary schools;

(v)

tertiary schools;

(vi)

special schools;

(vii)

child care centres;

(viii)

summer schools;

(ix)

commercial schools;

(x)

IT schools;

Provided that this limitation shall not apply with respect to

language schools.

(b) senior citizens’ care facilities which shall include

homes for the elderly and day-care centres;

(c)

places of worship covering all religions;

(d) general venues or infrastructures covering the

following

(i)

M.U.S.E.U.M;

(ii)

Substance Abuse Therapeutic Unit;

(iii)

SEDQA;

(iv)

Appoġġ;

(v)

CARITAS;

(vi)

Sports nurseries and, or training facilities;

(e)

playgrounds and playing fields

Provided that the calculation shall be made from the centre

of every entry point at the perimeter of the controlled gaming

premises.

Without prejudice to the provisions of regulation 11, every

controlled gaming premises shall be located at a minimum walking

distance of fifty metres from any other controlled gaming premises,

which distance shall be calculated from the centre of every entry

point of each proposed and, or approved controlled gaming premises

Provided that for the purposes of this regulation "a

minimum walking distance of fifty metres" shall be calculated as

being the shortest distance to walk between the entry points of the

proposed and, or approved controlled gaming premises without any

regard for traffic or pedestrian regulations

Provided further that the Authority shall, when the need

arises for it to decide between two or more completed applications for

the approval of controlled gaming premises received within the same

month and which are all compliant with the distances established in

regulations 10 and 11, give preference to the applicant who does not

yet have controlled gaming premises within the town or village to

which the applications relate

Provided further that if more than one applicant qualifies

in accordance with the preceding proviso, or if all the applicants as

contemplated in the preceding proviso all have controlled gaming

premises within the town or village in question, preference shall be

given to the applicant who submitted the first completed application

to the Authority

Provided further that if two or more completed

applications are submitted on the same day and the preceding

provisos cannot be applied, preference shall be given to the applicant

who shall be determined by a ballot.

There shall not be more than one controlled gaming No more than

premises within any single venue or physical infrastructure, which one

gaming

shall include any residential, retail and, or entertainment complex

premises in a

single

establishment or

Provided that the selection criteria envisaged in regulation other premises.

12 shall also be implemented in the scenario whereby more than one

completed application for controlled gaming premises in the same

premises accessible to the public, venue or physical infrastructure is

received within the same month.

(1) All applications for consideration of approval for the Contents of

proposed location for controlled gaming premises must be application

approval.

accompanied by

(a)

a reference to the relevant licence held by the

applicant or, if the applicant is still in the process of obtaining

the necessary licence, the relevant application number;

(b)

the relevant Planning Authority permit; and

(c)

a plan, on a scale of one is to one hundred (1:100) of

the premises which complies with the following provisions as

well as complying with any specific requirements that may be

laid down for a particular type of gaming service.

(2) The plan must indicate

(a)

the area in square metres;

(b) the extent of the boundary or perimeter of the

premises;

(c)

where the premises include, or consist of, one or

more buildings, the location of any external or internal walls of

each such building and means of access between the buildings,

if any;

(d) where the premises form part of a building, the

location of any external or internal walls of the building which

are included in the premises;

(e)

the proposed gaming area, which shall cover that

area in which gaming devices are proposed to be allocated;

(f)

the positioning of the gaming devices within the

proposed gaming area;

(g) the location of each point of entry to and exit from

the premises, including in each case a description of the place

from which entry is made or to which the exit leads and the

security features of each;

(h) any other matter required in accordance with the

specific conditions that may be laid down for any particular type

of gaming service, in any binding instrument;

(i)

design, intensity and source of lighting of the

gaming area, which should be adequately lit at all times. The

intensity and movement of lighting, including that from the

gaming devices themselves and any other commercial

information and, or communication signs should not be

conducive to over-stimulation to gamble;

(j)

sound proofing measures in order to ensure that the

sound levels within the premises cannot be heard outside the

main entrance;

(k) the location and fixture of CCTV cameras and

control console, ensuring that the gaming area allows for

continuous surveillance of all players including when located

within outdoor areas, if any;

(l)

the location, extent and layout of any other part of

the premises which will be used for providing any other gaming

service other than through gaming devices, if any;

(m) the location, extent and layout of any part of the

premises which will not be a gaming area, specifying the use

thereof;

(n) the nature and location of barriers, security features

or other fixtures separating any part of the premises in which

gaming devices will be made available for use from any other

part of the controlled gaming premises;

(o) the proposed prominent location for the display of

the summary of controlled gaming premises approval

document;

(p) the proposed design, location, size and materials of

signs and information signs to be affixed to any part or parts of

the façade;

(q) a declaration certified by a registered surveyor or

architect that the controlled gaming premises respect the

parameters set out in this Part so as to warrant for a certificate of

approval;

(r)

such other matters as the Authority may require.

An applicant seeking approval for proposed controlled Authority may

gaming premises shall abide by such other requirements, including impose

requirements.

but not limited to requirements establishing procedures for public

notice of the proposal to operate controlled gaming premises, as the

Authority may, by binding instrument, determine.

(1) The Authority shall only approve controlled gaming Restrictions on

operation.

premises that satisfy the following requirements

(a)

the premises are operated, managed or otherwise

controlled by persons which are deemed to be fit and proper by

the Authority;

(b) the premises have, as their sole and exclusive

purpose, the offering of games provided through gaming

devices which are not gaming tables and, for the avoidance of

doubt, the making available for use, hosting or operation of

amusement machines shall, in no case, take place in controlled

gaming premises;

(c)

the premises have adequate restricted access

controls, including but not limited to player registration, in

accordance with any applicable regulatory instrument;

(d) the premises contain no more than one gaming

device per two square metres of the area in which the playing of

games through gaming devices is designed to take place

Provided that in aggregate the premises shall not

contain more than ten gaming devices

Provided further that in the case of gaming devices

designed or adapted in such a way as to allow more than one

player to use such gaming device simultaneously, for the

purposes of the limitations set out in this paragraph, the number

of any such gaming devices shall be multiplied by the aggregate

number of players who can use such gaming device

simultaneously;

(e)

the premises indicate on all access points, by means

of an identification plate issued by the Authority, that such

premises are approved controlled gaming premises;

(f)

the premises are equipped with closed circuit

television cameras, which are in operation twenty-four hours a

day, every day of the week, and on which all gaming devices,

the reception area where registration is carried out, and the self-

exclusion submission box are clearly visible and footage

recorded by such closed circuit television cameras is stored for a

minimum of thirty days.

(2) Without prejudice to the above and to any other

requirements in terms of any other applicable law or regulatory

instrument, controlled gaming premises shall

(a)

be dedicated solely to gaming as the sole activity.

The offering of food or beverages, amongst others, is considered

to constitute an ancillary activity and accordingly is not

permitted to be carried out in controlled gaming premises

(b) not be accessible directly from any other premises

which are not included in the site plans submitted to the

Authority and the Planning Authority;

(c)

not permit the gaming area to be visible to passing

pedestrian traffic;

(d) provide for a registration area to be located at the

entrance of the gaming premises for the purpose of registering

every person prior to entry in terms of these regulations and any

other applicable law or regulatory instrument. There shall not be

any direct street access to the gaming area of controlled gaming

premises;

(e)

be operated in such a manner as to ensure that no

person may make use of the gaming service provided therein

unless such person has been registered in accordance with any

applicable regulatory instrument and, or other law;

(f)

be operated in such a manner as to ensure at all

times that the making available for use, hosting or operation of a

relevant gaming device therein is carried out in a secure, safe

and proper manner;

(g) be structured and operated in a manner which

ensures that during the opening hours of the controlled gaming

premises, the area in which the playing of games is designed to

take place is constantly supervised by employees; and

(h) be opened for business solely between the hours of

eleven in the morning and eleven in the evening (11:00 a.m. and

11:00 p.m.).

(3) Controlled gaming premises shall also conform with any

other requirements as the Authority may, by binding instrument,

establish.

(1) Without prejudice to any other law or regulatory Matters

instrument, when considering whether or not to issue a controlled considered

the Authority.

gaming premises approval, the Authority shall inter alia consider

(a) the extent to which gaming is offered to the public in

the general area or venue or establishment in which the

controlled gaming premises are situated;

(b) whether alternative entertainment exists within the

general area or venue or establishment in which the controlled

gaming premises are situated;

(c)

whether the general layout design and plan meet the

objectives and requirements of the Act and all other regulatory

instruments; and

(d) any other factors and requirements as may be

objectively and reasonably justified and appropriate by the

Authority to fulfil its functions and regulatory objectives.

(2) On the basis of its consideration of the matters envisaged

in sub-regulation (1) and any other relevant matter, the Authority may

require the applicant to modify its plans and proposal in order to

reach the objectives of the Act and other applicable regulatory

instruments.

(3) The Authority shall not approve any proposed controlled

gaming premises if it considers on reasonable grounds that there will

be a negative impact on the amenity of the general area or wider

community where the controlled gaming premises shall be situated.

(a)

The Authority may at its discretion appoint an

independent certified architect and, or surveyor to perform an audit of

a proposed controlled gaming premises to verify the declaration

required in terms of regulation 14(2)(q).

(b) The Authority may at its discretion appoint an

independent certified architect and, or surveyor to perform an audit of

a controlled gaming premises to verify its continued adherence to the

requirements of this Part.

€1.17