Regolamenti dwar Fondi għal-Logħob

LEĠISLAZZJONI SUSSIDJARJA 583.07

REGOLAMENTI DWAR FONDI GĦAL-LOGĦOB

20 ta’ Lulju, 2018

L-AVVIŻ LEGALI 245 tal-2018.

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

Taqsima I

Titolu, Tifsiriet u Teritorjalità

The title of these regulations is the Gaming Premises

Regulations.

(1)

In these regulations, save as provided in sub-

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

meaning as prescribed in the Gaming Definitions Regulations.

(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 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

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

the Act.

Part V

Controlled Gaming Premises

Controlled gaming premises shall, in order to be eligible

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

Part together with all other requirements applicable to gaming

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

binding instrument, prescribe.

(1)

Controlled gaming premises shall have any and,

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

less than seventy-five metres from the centre of the respective entry

points 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

premises within any single venue or physical infrastructure, which

shall include any residential, retail and, or entertainment complex

Provided that the selection criteria envisaged in

regulation 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 proposed location for controlled gaming premises must be

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;

GAMING PREMISES

(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

gaming premises shall abide by such other requirements, including

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 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.

GAMING PREMISES

(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

instrument, when considering whether or not to issue a controlled

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.