Poker Articles

POKER IN IRELAND
By Joseph M. Kelly and Frank Catania
(Catania Consulting)

"Poker: in Eire(Ireland) and Northern Ireland, a tale of two jurisdictions"

It is undisputed that Ireland prospered as a result of European Union membership. Irish gaming and poker legislation, however, has been basically unchanged since the 1956 Gaming and Lotteries Act, as amended .Most gambling was illegal and Ireland today is one of the very few European countries that has no legal casinos. Nevertheless, there are approximately 24 Irish casinos (members clubs). Some of them advertise openly in Dublin. Ireland has been the host of the European Poker Tournament, the Irish Open ,and the International Poker Open .

In an excellent article, Maire Conneely, Esq. ("Ireland - a Regulatory Overview", Oct. 19, 2007 www.gamblingcompliance.com) suggests that poker is not illegal as long as the promoter /banker does not retain any portion of the pot. Moreover a former Minister for Justice had been reported as opining that private member's clubs that operate roulette, poker and blackjack are not in violation of the law. Most authorities agree that the 1956 Act left a loophole for private member gaming clubs.

The Gaming and Leisure Association of Ireland (GALA), which represents about 13 of Dublin's 18 clubs, has drafted a strict code of conduct for members. For example player applicants for membership to a club member must prove age and residence. GALA members must develop self-exclusion procedures, cash tracking systems, and a reporting officer for issues around money laundering. The police have expressed little interest in taking action against the clubs, primarily because most do not serve alcoholic beverages. GALA has strongly supported regulation of casinos.

One club visited by the author, the Fitzwilliam Card Club, has developed and implemented extensive responsible gaming practices. It operates roulette, blackjack a poker and other games. It is estimated that 25% of its revenue is derived from poker, but 50% of its customers are poker players .Its internet casino includes games such as Texas Hold-em, but U.S. players may only play for fun.

In the summer of 2006, the Irish government established the Casino Regulation Committee in order to issue a Report on possible regulation of the Irish casino industry. Presently the Report has been completed and the industry is waiting for the Minister of Justice to prepare appropriate legislation. It has been suggested that the Report will recommend that existing club operators be allowed to apply for licenses and that poker tournaments not at clubs will be permitted on a one time basis if conducted by a licensed operator.

NORTHERN IRELAND

For historical reasons the six counties of Northern Ireland are part of the United Kingdom and subject to its parliamentary legislation.

Northern Ireland is not included in the Gaming Act of 1968, which legalized casino gambling in Great Britain. Instead the relevant statute is The Betting, Gaming, Lotteries, and Amusements (NI) Order 1985. Unlike the Irish republic, player clubs have not been successful in Northern Ireland. In 2004, Sean Murphy opened the Cavendish Club in Belfast primarily for poker games. He had met with police, who he claimed assured him they would let him know if there were legal problems. It is undisputed that the players were often businessmen, physicians, and lawyers, and that alcoholic beverages were not served.

On Jan. 28, 2006, about 40 police raided the club, seized L23,000 as well as equipment, and detained the approximate 80 players who were participating in a poker tournament. Subsequently, the magistrate's court ordered the monies be returned to Murphy for distribution to the players and most of the seized equipment was also returned, although damaged. On Feb. 8, 2007, the magistrate ordered Murphy to pay L3,000 and that L2,000 seized by the police be given to the Northern Irish Hospice Charity. Seized slot machines were ordered to be disposed of, but roulette and blackjack tables were returned to Murphy with the understanding they would be used only for legal purposes.( Police Raid Poker Game in Private Members' Club, Belfast Telegraph, Jan. 30,2006; Poker Players to Get Seized Cash, BBC News, Jan. 31, 2006.Club Owner Fined $3,000, Irish News, Feb. 8, 2007)

Previous Article | Article Listing | Next Article

Questions or comments on this article? Click here to send a letter to the editors

Poker Forum.

---

Joseph M. Kelly, Ph.D., J.D., is a Professor of Business Law at State College at Buffalo,and an associate of Catania Consulting. He is licensed to practice law in Illinois, Nevada, and Wisconsin. He is also co-editor of Gaming Law Review.