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Gambling License Malta: Malta Lotteries and other Games Act

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Gambling License Malta: Malta Lotteries and other Games Act

PART VIII – APPROVAL OF RACECOURSES AND RACING CLUBS AND APPOINTMENT OF RACECOURSE CONTROL BOARDS

44.† (1) (a) The Minister responsible for sport may grant a certificate of approval in respect of any racecourse and any ground adjacent thereto for the purpose of conducting therein horse races and, or dog races and activities ancillary to such races.

(b) The said Minister may grant such certificate of approval in respect of any racecourse and any ground adjacent thereto which is owned by the Government of Malta, in which case the following provisions of this article 44 shall apply to the said Government only to such extent as the said Mini s ter may, on the advice of the Cabinet , determine in the certificate of approval

(2) An application for a certificate of approval referred to in subarticle (1) shall be made by the owner of the racecourse and any ground adjacent thereto which are the subject of the application, in such form and manner required by the Minister responsible for sport or as prescribed by regulations made by the said Minister under article 78 ( 6), and shall further more contain or be accompanied by such information, documents and particulars as the said Minister may require or as may be prescribed by regulations made by the said Minister under article 78(6).

(3) The Minister responsible for sport shall not grant any such certificate of approval unless he is satisfied that the applicant and, or the racecourse and any ground adjacent thereto which are the subject of the application, satisfy or meet, and will after the grant of the certificate continue to satisfy or meet, such requirements, specifications and criteria as may be prescribed by regulations made by the said Minister under article 78(6), and unless the said Minister is satisfied that the applicant will comply in all respects with the provisions of this Part and of any regulations made under article 78(6) and applicable to it and with the terms and conditions of the certificate of approval.

(4) In granting such certificate of approval, the Minister responsible for sport may subject it to such conditions as he may deem appropriate or as may be prescribed by regulations made by him under article 78(6), and after the grant of such certificate the said Minister may from time to time vary or revoke any condition so imposed or impose new conditions:

Provided that whenever the Minister responsible for sport deems it appropriate to vary any condition or impose any new condition in any such certificate of approval, the said Minister shall, unless such variation or imposition of a new condition has been requested by the holder of the certificate himself, by notice in wr iting inform such holder of his intention to vary the said condition or to impose the said new condition, calling upon such holder to show cause, within such period being not less than seven days after the issue of the notice as may be specified in the same notice, why such condition should not be varied or such new condition should not be imposed, and the said Minister shall consider any response made by the holder of the certificate within the period specified in the notice, before varying the condition or before imposing the new condition.

(5) The Minister responsible for sport may revoke a certificate of approval referred to in subarticle (1) –

1. if the holder of such certificate contravenes any provision of this Part and of any regulations made under article 78(6) and applicable to it, or is in breach of any condition in the certificate;
2. if the said Minister is reasonably satisfied that the holder of the certificate of approval and, or the racecourse and any ground adjacent thereto to which the certificate relates, no longer satisfy or meet the requirements, specifications and criteria referred to in subarticle (3), or if the said Minister reasonably deems it necessary in the national interest or in the interest of the horse and, or dog breed to revoke the certificate of approval; and
3. in any other circumstance prescribed by regulations made by the said Minister under article 78(6).

(6) Before revoking a certificate of approval referred to in subarticle (1) on any of the grounds referred to in subarticle (5), the Minister responsible for sport shall, by notice in writing, request the holder of the certificate to show cause, within such period as may be established in the same notice being not less than twentyone days after the issue of the notice, why the certificate should not be revoked on such ground as stated in the notice, and the said Minister shall consider any response made by such holder within the period specified in the notice before revoking the certificate.

(7) The holder of a certificate of approval referred to in subarticle (1) shall forthwith inform the Minister responsible for spor t upon becoming aware of any material changes in the information, documents and particulars provided by such holder in terms of subarticle (2) or in terms of any other provision of this Part or of regulations made under article 78(6), and in default he shall be guilty of an offence against this Part.

(8) The holder of a certificate of approval referred to in subarticle (1) may not assign or transfer to any person the said certificate, or the ownership of the whole or any part of the racecourse and any ground adjacent thereto to which the certificate relates, without the prior approval in writing of the Minister responsible for sport, and if such approval is given, such holder may then take any of the aforesaid actions subject to such terms and conditions as may be specified by the said Minister in its approval. A certificate of approval referred to in subarticle (1) shall be considered null and void if the holder thereof takes any of the aforesaid actions without the prior approval in writing of the Minister responsible for sport, or in breach of any terms and conditions specified by the said Minister in any such approval. The holder of the said certificate of approval shall not be required to seek and obtain the prior approval of the Minister responsible for sport before transferring the ownership of the whole or any part of the racecourse and any ground adjacent thereto to which the cert i ficate relates if , before effect ing any such t ransfer, he surrenders the said certificate of approval. The holder of such certificate of approval who acts in breach of the provisions of this subarticle shall be guilty of an offence against this Part.

(9) The grant of a certificate of approval referred to in subarticle (1) shall not exonerate the holder of such certificate from obtaining any other licence, permit or authorization which may be required under any other law.

(10) The owner of any place which is not an approved racecourse and who uses or knowingly permits the use of such place for the purpose of conducting therein horse races and, or dog races and, or activities ancillary to such races shall be guilty of an offence against this Part.

(11) Any person who organises or conducts, or who in any way participates in the organisation or conduct of, or who acts as a judge, steward, runner or in any other way participates in, horse races or dog races in any place which is not an approved racecourse shall be guilty of an offence against this Part.

45.* (1) The Minister responsible for sport may grant a certificate of approval to any racing club for the purposes of organising and conducting horse races and, or dog races on an approved racecourse or approved racecourses:

Provided that where the racing club is an individual who owns an approved racecourse in accordance with the definition of “racing club” in article 2(1), the Minister may only grant such certificate of approval to such individual for the purpose of organising and conducting horse races and, or dog races only on the said approved racecourse owned by such individual.

(2) An application for a certificate of approval referred to in subarticle (1) shall be made by the racing club concerned, in such form and manner required by the Minister responsible for sport or as prescribed by regulations made by the said Minister under article 78(6), and shall furthermore contain or be accompanied by such information, documents and particulars as the said Minister may require or as may be prescribed by regulations made by the said Minister under article 78(6).

(3) The Minister responsible for sport shall not grant any such certificate of approval unless he is satisfied that the applicant satisfies or meets, and will after the grant of the certificate continue to satisfy or meet, such requirements and criteria as may be prescribed by regulations made by the said Minister under article 78(6), and unless the said Minister is satisfied that the applicant will comply in all respects with the provisions of this Part and of any regulations made under article 78(6) and applicable to it, with the terms and conditions of the certificate of approval and with any rules and regulations made by any Racecourse Control Board in terms of this Part or regulations made under article 78(6) and applicable to it.

(4) In granting such certificate of approval, the Minister responsible for sport may subject it to such conditions as he may deem appropriate or as may be prescribed by regulations made by him under article 78(6), and after the grant of such certificate the said Minister may from time to time vary or revoke any condition so imposed or impose new conditions:

Provided that whenever the Minister responsible for sport deems it appropriate to vary any condition or impose any new condition in any such certificate of approval, the said Minister shall, unless such variation or imposition of a new condition has been requested by the holder of the certificate himself, by notice in wr iting inform such holder of his intention to vary the said condition or to impose the said new condition, calling upon the holder to show cause, within such period being not less than seven days after the issue of the notice as may be specified in the same notice, why such condition should not be varied or such new condition should not be imposed, and the said Minister shall consider any response made by the holder of the certificate within the period specified in the notice, before varying the condition or before imposing the new condition.

(5) The Minister responsible for sport may revoke a certificate of approval referred to in subarticle (1) –

1. if the holder of such certificate contravenes any provision of this Part and of any regulations made under article 78(6) and applicable to it, or is in breach of any condition in the certificate or of any rules and regulations made by any Racecourse Control Board in terms of this Part or regulations made under article 78(6) and applicable to it;
2. if the said Minister is reasonably satisfied that the holder of the certificate of approval no longer satisfies or meets the requirements and criteria referred to in subarticle (3), or if the said Minister reasonably deems it necessary in the national interest or in the interest of the horse and, or dog breed to revoke the certificate of approval; and
3. in any other circumstance prescribed by regulations made by the said Minister under article 78(6).

(6) Before revoking a certificate of approval referred to in subarticle (1) on any of the grounds referred to in subarticle (5), the Minister responsible for sport shall, by notice in writing, request the holder of the certificate to show cause, within such period as may be established in the same notice being not less than twentyone days after the issue of the notice, why the certificate should not be revoked on such ground as stated in the notice, and the said Minister shall consider any response made by such holder within the period specified in the notice before revoking the certificate.

(7) The holder of a certificate of approval referred to in subarticle (1) shall forthwith inform the Minister responsible for spor t upon becoming aware of any material changes in the information, documents and particulars provided by such holder in terms of subarticle (2) or in terms of any other provision of this Part or of regulations made under article 78(6), and in default he shall be guilty of an offence against this Part.

(8) The holder of a certificate of approval referred to in subarticle (1) may not assign or transfer the said certificate to any person without the prior approval in writing of the Minister responsible for sport, and if such approval is given, such holder may then assign or transfer such certificate subject to such terms and conditions as may be specified by the said Minister in its approval. A certificate of approval referred to in subarticle (1) shall be considered null and void if the holder thereof transfers or assigns the same to any person without the prior approval in writing of the Minister responsible for sport, or in breach of any terms and conditions specified by the said Minister in any such approval. The holder of such certificate of approval who acts in breach of the provisions of this subarticle shall be guilty of an offence against this Part.

(9) The grant of a certificate of approval referred to in subarticle (1) shall not exonerate the holder of such certificate from obtaining any other licence, permit or authorization which may be required under any other law.

(10) Any person who is not an approved racing club and who organises or conducts any horse race or dog race shall be guilty of an offence against this Part.

(11) The owner of any place who knowingly permits the use of such place for the purpose of the organisation or conduct therein of any horse race and, or dog race by a person who is not an approved racing club shall be guilty of an offence against this Part.

46.* (1) The Minister responsible for sport shall appoint in respect of each approved racecourse a Racecourse Control Board which shall be constituted and the proceedings of which shall be conducted in accordance with the provisions of the Ninth Schedule.

(2) The functions of a Racecourse Control Board shall be –

1. to supervise the conduct of horse races and dog races on the approved racecourse in respect of which such Board has been appointed to ensure that such races are conducted fairly and properly and in accordance with the provisions of this Part and of regulations made by the Minister responsible for sport under article 78(6) and in accordance with rules and regulations made by such Board itself in terms of this Part or regulations made under article 78(6);
2. to approve the holding of meetings at which horse races and, or dog races, other than trial races, are to be conducted on the approved racecourse in respect of which such Board has been appointed
3. to advise the Minister responsible for sport on new developments in, and any matter relating to, horseracing and dog racing and the conduct thereof and racecourses;
4. to perform any other function as may from time to time be assigned to it by this Part or regulations made under article 78(6).

(3) Subject to any relevant regulations made by the Minister responsible for sport under article 78(6), a Racecourse Control Board may appoint judges and stewards in respect of horse races and dog races taking place on the approved racecourse in respect of which such Board has been appointed and may make rules and regulations relating to –

1. the conduct of horse races and dog races on the approved racecourse in respect of which such Board has been appointed;
2. the payments to be made by the approved racing club or approved racing clubs organising and conducting horse races and, or dog races on the approved racecourse in respect of which such Board has been appointed to –
   • the judges and stewards appointed by the Board as provided in this subarticle; and
   • the Board itself in respect of the performance of its functions;
3. such other matters as may be prescribed by regulations made by the Minister responsible for sport under article 78(6).

(4) A Racecourse Control Board shall also have such other powers as may be prescribed by regulations made by the Minister responsible for sport under article 78(6).

* This article is not yet in force.

† This article is not yet in force.