The Gambling Regulation Act 2024 (the “Act”) represents a significant overhaul of gambling laws in Ireland and provides for the establishment of a new regulatory framework for gambling activities. Amongst other measures, the Act will introduce a raft of comprehensive procedures for compliance and enforcement.

Central to these reforms is the establishment of the Gambling Regulatory Authority of Ireland (the “GRAI”). The GRAI is responsible for overseeing the gambling sector to ensure fairness, transparency and the protection of vulnerable individuals, as well as monitoring for compliance and taking any necessary enforcement action.

One of the most significant changes introduced by the Act is the new focus on regulatory oversight and enforcement. This article will focus specifically on these areas. Parts 7 and 8 of the Act focus on the handling of complaints against licensees and the enforcement of compliance with licensing obligations. Under the Act, “licensee” means the holder of a gambling licence.

​Complaints Procedure

Part 7 of the Actestablishes a framework for individuals to lodge complaints against licensees and outlines the responsibilities of the GRAI in handling such complaints. Section 180 of the Act specifies the grounds upon which complaints can be made and the process for submitting these to the GRAI. The Act provides that (subject to certain exemptions) the complaint should be submitted in writing (or reduced to writing by the GRAI) and it must be submitted within 12 months of the alleged contravention. The GRAI must then assess the complaint, and it may dismiss the complaint for a variety of reason e.g. if it considers it is inter alia, frivolous or vexatious, was not made in good faith or it is the same or substantially the same as a complaint which was previously investigated by the GRAI.

If the complaint is not dismissed, the GRAI has three options. It can proceed in accordance with section 190 of the Act, (discussed below), take such further action as it considers appropriate or it is open to the GRAI to take no further action in respect of the complaint. Whatever option is chosen, the GRAI must give notice in writing to the complainant and the licensee, outlining what action is being taken and the reasons for this.

Monitoring and Investigation

Part 8 of the Act provides the GRAI with robust investigative powers and affords it a number of mechanisms for ensuring enforcement, if it is of the opinion that a licensee has contravened or is contravening a relevant obligation. In such circumstances, the GRAI can:

1. Enter into an agreement with the licensee to comply with the provisions of the Act.
2. Proceed to deal with the alleged contravention under Chapter 4 of the Act, by way of a notice of non-compliance.
3. Carry out a “directed investigation” in accordance with Chapter 5.
4. Initiate an adjudication process.

As with other regulatory regimes in Ireland, the licensees are entitled to due process and fair procedures, and the Act sets out the various factors that the GRAI must consider when determining the appropriate course of action to take where alleged breaches of the Act occur. This includes a consideration of: 

• the nature and gravity of the alleged breach;
• the duration of the alleged contravention;
• whether the objective of the exercise of the power is primarily to deter others;
• the damage which may be caused by the alleged contravention;
• how easily such damage may be repaired;
• any gain made or loss avoided by the licensee or any connected person through the alleged contravention; and
• any previous notice of non-compliance issued to the licensee, any previous condition, suspension or revocation of a licence of that licensee under the Act, any sanction imposed on the licensee previously and any conviction of the licensee for an offence under this Act.

Key Enforcement Provisions

As noted above, in cases of non-compliance, the GRAI can take various steps, including the following:

• Entering into an Agreement with the Licensee

Where a contravention is identified, the GRAI may enter into an agreement in writing with a licensee setting out the steps which the licensee agrees to take, (and the period within which those steps shall be taken) to comply with a relevant obligation. Where a licensee fails to comply with an agreement, the GRAI may apply to the Circuit Court for an order directing the licensee to comply with the agreement.

• Issuing Compliance Notices.

Licensees found in breach of their obligations may receive formal notice from the GRAI detailing contraventions and required remedial actions.​ Such notices may include advice, caution, warning, or reprimand regarding a violation, and specifying actions the licensee must take to address and rectify the violations. In cases of failure to comply with a compliance notice (or persistent or severe non-compliance), an application may be made to the Circuit Court to seek an order for the suspension or revocation of the license.

• Directed Investigations.

If the issue is complex or there are disputes over facts, the GRAI may conduct a thorough “directed investigation” into suspected violations of the Act and breaches of licence conditions. Specifically, Chapter 5 of the Act outlines the procedures and powers related to directed investigations.​ To facilitate effective investigations, the Act grants the GRAI several enforcement powers. For example, authorised officers have the authority to enter premises, inspect records, and gather evidence relevant to an investigation.​ In cases where entry is refused or evidence is at risk of being destroyed, officers can apply for search warrants to obtain necessary information.​ Licensees are required to provide the GRAI with compliance reports and other documentation upon request.

The scope and terms of directed investigation are set out by GRAI. Following a directed investigation, an authorised officer must prepare a report detailing their findings, which is then submitted to the GRAI for further action.​ Importantly, the licensee is entitled to receive a copy of the draft report before it is submitted to the GRAI and the licensee has 14 days ( this timeframe may be extended) within which to make submissions in relation to the draft report should it wish to do so. This step ensures that the licensee can present “their side of the story” before a decision is made. The authorised officer will then consider any submissions made by the licensee, before finalising and submitting their report to the GRAI. Of note, the compliance of the licensee with the investigation is included in the report. The report cannot contain a recommendation or any opinion of the authorised officer.  

The GRAI will then consider the report and may take appropriate action to address any identified breaches, including enforcement measures or the imposition of sanctions. In certain cases, the GRAI may choose to refer the report to an adjudication officer for the purposes of conducting an adjudication.

• The Adjudication Process

The Act includes provisions for an adjudication process. The adjudication process outlined in the Act ensures a structured, transparent and fair approach for resolving disputes and addressing alleged contraventions of gambling regulations by licensees. This process ensures that due process is followed and that licensees have an opportunity to respond to any allegations before any final decisions or sanctions are imposed.

Where an investigation report is referred to adjudication, an adjudication officer is appointed to conduct the adjudication. An adjudication officer must be independent of the GRAI and their decision is made on the balance of probabilities. In more serious cases or when the issue requires deeper scrutiny, an adjudicatory panel may be formed. This panel is usually made up of an uneven number of 3 or more experts in gambling regulation and law. The panel reviews all the findings of the investigation, listens to both the GRAI and the licensee’s arguments, and ensures a fair evaluation of the situation.

The adjudication officer (or panel) may decide to conduct an oral hearing and exercises the same powers as the High Court when hearing civil proceedings including the power to examine witnesses or summon a person to produce records or give evidence. The licensee may be asked to appear before the panel to present their case directly. An oral hearing can be heard fully or partly remotely and will be heard in public save in circumstances where the adjudication officer deems it necessary to be heard in privately.

Once the adjudicatory process is complete, the adjudication officer/panel will issue a decision on whether the alleged contravention has occurred. In reaching this decision, the adjudication officer/ panel will consider the investigation report, the submissions (if any) made by the licensee and all of the information furnished throughout the course of the investigation.

Decision as to contravention and imposition of administrative sanction

If the adjudication officer/panel decides that the licensee is in contravention of its obligations but does not intend on imposing a sanction or financial penalty, they must inform the GRAI of its decision. The GRAI must then inform the licensee of the decision by notice in writing within 7 days and can request the licensee to comply with their obligations. The notice must set out the timeframe in which the licensee can appeal any decision made against them.

If the adjudication officer reaches a decision that the licensee is in contravention of its obligations and intends on imposing a sanction or financial penalty, they must notify the GRAI of the imposed sanction, setting out the rationale used in reaching the decision and the sanction or financial penalty proposed. ​ Upon receiving the notice, the GRAI must inform the licensee within 7 days of the adjudication officers’ decision. The notice must include information about the administrative sanction and the licensees’ right to appeal the decision and the timeframe for any such appeal. If no appeal is made, the GRAI will then apply to the Circuit Court for confirmation of the decision and any sanction / financial penalty imposed.

Right to Appeal

Licensees who disagree with the decision or sanctions imposed have the right to appeal the decision within a specified period. Section 207 of the Act provides details of the appeals procedure. The appeal process is designed to provide an independent review of the decision, ensuring fairness in the adjudication process. There are strict time limits within which an appeal must be lodged.

Enforcement of the Decision

After the adjudication process is complete and the decision is final (including any appeal), the GRAI is responsible for enforcing the decision. This could involve issuing compliance orders, applying sanctions, or taking legal action to ensure that the penalties are properly implemented. The GRAI can also monitor the licensee’s future conduct to ensure that any required corrective actions are implemented.

Sanctions and Penalties

In cases of non-compliance, GRAI can impose various sanctions, including:​

• Fines: Financial penalties can be levied against gambling operators who violate the Act or their license conditions. In addition, the Act outlines a wide variety of criminal offences that could lead to liability for a relevant officer or beneficial owner of a licensee, if it is demonstrated that they consented to, or colluded in the offence or were guilty of wilful neglect. Upon summary conviction in the Courts, this could lead to a class A fine (of up to €5000) and/or imprisonment for up to 12 months. On indictment, the penalty could include an unlimited fine and/or imprisonment for up to 5 years.

• Licence Suspension or Revocation: The GRAI has the power to suspend or revoke licences if gambling operators fail to comply with the Act or their licence conditions. Conditions can also be added to operators gambling licences.

• Legal Proceedings: For serious breaches, as touched on above in relation to fines, the GRAI can initiate legal proceedings against operators, leading to potential criminal charges and further penalties.

Conclusion

On 04 March 2025, the Minister for Justice signed the first Commencement Order enacting key provisions of the Act, including the appointment of seven members of the GRAI. 05 March 2025 marked the establishment day for the GRAI. Although the Government previously indicated that it intends to fully commence the Act within 12 months, the Act is likely to be commenced in parts as the GRAI establishes itself and becomes operational. This lead-in period offers a valuable opportunity for gambling service providers to familiarise themselves with the Act and their new obligations and ensure they can fully comply with the Act once it is operational.