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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

THIRD & FOURTH SCHEDULE

THIRD SCHEDULE

Article 40 – Commercial communication games

Application for a licence.

1. (1) An application for a commercial communication game licence shall be made by or on behal f of the person who intends to operate the commercial communication game, in the form and manner required by the Authority.

(2) Such application shall at least contain the following information:

1. the name and address of the applicant and the address in Malta where any documents may be served on the applicant;
2. the type of the commercial communication game which the applicant wants to operate, and such particulars relating to the rules and regulations regarding the procedures for operating and playing such commercial communication game as the Authority may require or as may be prescribed by regulations;
3. the dates, times and places when and wherefrom the commercial communication game will be operated and offered to the public and, where applicable, the date or dates, time or times and place or places for the drawing or drawings of the commercial communication game; and
4. the goods or services the sale of which is intended to be promoted through the operation of the commercial communication game.

(3) The application shall also contain or be accompanied with such other information, documents and particulars as the Authority may require or as may be prescribed by regulations.

(4) An application for a commercial communication game licence has to be made in respect of each and every commercial communication game which the applicant wants to operate, although a broadcasting media game licence may be granted in respect of a broadcasting media game which is to be operated on different days or at different times or for a specified period.

(5) After the submission of an application for a commercial communication game licence, the Authority shall have the power to require the applicant to provide such other information in addition to that given with the application as the Authority may deem necessary for the purpose of determining the said application. Grant of a licence.

2. The Authority shall not issue a commercial communication game licence to a person unless the Authority is satisfied that –

1. the proposed licensee is a fit and proper person so as to ensure, or where the proposed licensee is not an individual, the persons who exercise effective control and management of the affairs of the proposed licensee are fit and proper to carry out their functions and duties in relation to the proposed licensee in such manner as to ensure, the proper operation of the relevant commercial communication game by the proposed licensee;
2. the proposed licensee will comply in all respects with the provisions of this Act and of any regulations made thereunder applicable to it, and with the terms and conditions of the commercial communication game licence and with any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to it.

Form of licence.

3. (1) The commercial communication game licence shall be in such form as the Authority may determine or as may be prescribed by regulations.

(2) The grant of a commercial communication game licence does not exonerate the licensee from obtaining any other licence, permit or authorization which may be required under any other law. Licence conditions and variations or revocations thereof.

4. (1) In granting a commercial communication game licence, the Authority may subject it to such conditions as it may deem appropriate, and having granted such licence the Authority may, from time to time, vary or revoke any condition so imposed or impose new conditions: Provided that whenever the Authority deems it appropriate to vary any condition or impose any new condition in the commercial communication game licence, the Authority shall, unless such variation or imposition of a new condition has been requested by the licensee himself, inform the licensee by notice in writing of its intention to vary the said condition or to impose the said new condition, calling upon the said licensee 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 Authority shall consider any response made by the licensee within the period specified in the notice, before varying the condition or before imposing the new condition.

(2) Conditions in a commercial communication game licence may impose requirements to be complied with by the licensee after the licence has ceased to have effect.

(3) A commercial communication game licence may impose conditions requiring the licensee –

1. to obtain the consent of the Authority before doing anything specified, or of a description specified, in the licence; and
2. to refer matters specified, or of a description specified, in the licence to the Authority for approval.

(4) A commercial communication game licence shall include a condition requiring the licensee to pay to the Authority, at such times as may be prescribed by regulations, such fees, duties, taxes and, or other sums as may be so prescribed, which fees, duties, taxes and, or sums shall be in addition to those which the licensee may be required to pay under any law other than this Act.

(5) A commercial communication game licence shall be deemed to include a condition that –

1. (a) the prize or prizes which can be won in such game shall not consist of money or a cheque or similar document entitling the holder to convert it into money; and
2. (b) the aggregate retail value of all prizes which can be won in such game shall not exceed the amount of fifty-eight thousand and two hundred and thirty-four euro and thirty-three cents (58,234.33).

Changes in effective control and management etc.

5. (1)

(a) If the commercial communication game licensee is a person other than an individual, such licensee shall within five days of any change in the persons who exercise effective control and management of the affairs of the licensee inform the Authority of such change. The licensee shall also inform the Authority of any material changes in the information and documentation provided by the licensee in terms of item 1(2), (3) and (5) of this Schedule or in terms of any other provision of this Act or of regulations made thereunder or in terms of conditions attached to the commercial communication game licence, as soon as it becomes aware of such changes.

(b) Where owing to any change as is referred to in paragraph (a) hereof, whether the Authority has been informed of such change in accordance with the said paragraph (a) or not, a situation is brought about that, had it existed at the time of the application for the commercial communication game licence, it would have disqualified the licensee from obtaining a licence in terms of item 2 of this Schedule, the Authority shall by notice inform the licensee accordingly, and if the situation shall not have been remedied to the satisfaction of the Authority within five days from the notice to that effect by the Authority, the Authority shall cancel such licence without complying with the provisions of item 8 of this Schedule: Provided that the Authority shall not issue a notice as aforesaid any later than one month after being informed by the licensee of the change in accordance with paragraph (a) hereof.

(2) Failure by the licensee to comply with the provisions of sub-item (1) hereof shall constitute an offence against this Act. Assignment or surrender of licence.

6. (1) A commercial communication game licence may not be assigned or transferred by the commercial communication game licensee to any other person.

(2) The commercial communication game licensee may not surrender the commercial communication game licence during the licence term without the prior approval in writing of the Authority, and if such approval is given, the licence may then be surrendered only subject to such terms and conditions as may be specified by the Authority in its approval.

(3) If a commercial communication game licence is assigned or transferred by the commercial communication game licensee to any other person –

1. such licence shall be considered null and void< and
2. the Authority may issue a directive to such licensee to do or restrain from doing any act which the Authority may deem appropriate in the circumstances, and such licensee shall comply with any such directive, failing which it shall be guilty of an offence against this Act.

(4) A commercial communication game licensee who acts in breach of the provisions of this item 6 shall be guilty of an offence against this Act. Grounds for cancellation or suspension of licence.

7. The Authority may order the cancellation or suspension of a commercial communication game licence on any of the following grounds:

1. (a) the licensee, or any person who exercises effective control and management of the affairs of the licensee, is convicted of an offence against this Act, or of theft, receiving stolen property, fraud or any crime affecting public trust;
2. (b) the licensee contravenes any provision of this Act or of any regulations made thereunder applicable to it, or is in breach of any condition in the commercial communication game licence or any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to it;
3. (c) the licensee knowingly or recklessly supplies to the Authority material information that is false or misleading;
4. (d) the licensee fails to fulfil his financial commitments when they become due and payable;
5. (e) the licensee is being wound up; or
6. (f) the Authority is reasonably satisfied that the licensee is not, or has ceased to be, a suitable person to hold the commercial communication game licence, or it reasonably deems it necessary in the national interest to cancel or suspend the commercial communication game licence.

Procedures for the cancellation or suspension of licence.

8. (1) Where a ground for cancellation or suspension of a commercial communication game licence arises under item 7 of this Schedule, the Authority shall, by notice in writing, request the licensee, and may request any other person who in its opinion has an interest in the licence, to show cause, within such period being not less than five days after the issue of the notice as specified in the same notice, why the licence should not be cancelled or suspended on such ground as is stated in the notice.

(2) The Authority shall have regard to any response made under sub-item (1) hereof in such manner that –

1. where the matter is resolved to its satisfaction, it shall take no further action and shall inform the licensee in writing accordingly;
2. where, although the matter is not resolved to its satisfaction, it considers that further action is not warranted, it shall caution the licensee in writing; or
3. where the matter is not resolved to its satisfaction and it is satisfied that further action is warranted, it may –
   1. by notice in writing give such direction to the licensee as it considers appropriate; or
   2. suspend the licence for such period as it thinks fit, or cancel such licence.

(3) Where a direction given by the Authority under sub-item (2)(c)(i) hereof is not complied with within the time specified in the notice, the Authority shall cancel the licence.

FOURTH SCHEDULE

Article 41 – Broadcasting media games

Application for a licence.

1. (1) An application for a broadcasting media game licence shall be made by or on behalf of the owner or operator of a radio or television station, or the subcontractor thereof, who intends to operate the broadcasting media game, in the form and manner required by the Authority.

(2) Such application shall at least contain the following information:

• the name and address of the applicant and the address in Malta where any documents may be served on the applicant;
• the type of the broadcasting media game which the applicant wants to operate, and such particulars relating to the rules and regulations regarding the procedures for operating and playing such broadcasting media game as the Authority may require or as may be prescribed by regulations; and
• the dates, times, channels, frequencies and transmitting or recording studios when, on which and wherefrom the broadcasting media game will be operated and offered to the public and, where applicable, the date or dates, time or times and place or places for the drawing or drawings of the broadcasting media game.

(3) The application shall also contain or be accompanied with such other information, documents and particulars as the Authority may require or as may be prescribed by regulations.

(4) An application for a broadcasting media game licence has to be made in respect of each and every broadcasting media game which the applicant wants to operate, although a broadcasting media game licence may be granted in respect of a broadcasting media game which is to be operated on different days or at different times or for a specified period.

(5) After the submission of an application for a broadcasting media game licence, the Authority shall have the power to require the applicant to provide such other information in addition to that given with the application as the Authority may deem necessary for the purpose of determining the said application. Grant of a licence.

2. The Authority shall not issue a broadcasting media game licence to a person unless that person is the owner or operator of a radio or television station or a subcontractor thereof and the Authority is satisfied that:

1. the proposed licensee is a fit and proper person so as to ensure, or where the proposed licensee is not an individual, the persons who exercise effective control and management of the affairs of the proposed licensee are fit and proper to carry out their functions and duties in relation to the proposed licensee in such manner as to ensure, the proper operation of the relevant broadcasting media game by the proposed licensee;
2. the proposed licensee will comply in all respects with the provisions of this Act and of any regulations made thereunder applicable to it, and with the terms and conditions of the broadcasting media game licence and with any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to it.

Form of licence.

3. (1) The broadcasting media game licence shall be in such form as the Authority may determine or as may be prescribed by regulations.

(2) The grant of a broadcasting media game licence does not exonerate the licensee from obtaining any other licence, permit or authorization which may be required under any other law. Licence conditions and variations or revocations thereof.

4. (1) In granting a broadcasting media game licence, the Authority may subject it to such conditions as it may deem appropriate, and having granted such licence the Authority may, from time to time, vary or revoke any condition so imposed or impose new conditions:

Provided that whenever the Authority deems it appropriate to vary any condition or impose any new condition in the broadcasting media game licence, the Authority shall, unless such variation or imposition of a new condition has been requested by the licensee himself, inform the licensee by notice in writing of its intention to vary the said condition or to impose the said new condition, calling upon the said licensee 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 Authority shall consider any response made by the licensee within the period specified in the notice, before varying the condition or before imposing the new condition.

(2) Conditions in a broadcasting media game licence may impose requirements to be complied with by the licensee after the licence has ceased to have effect.

(3) A broadcasting media game licence may impose conditions requiring the licensee –

1. to obtain the consent of the Authority before doing anything specified, or of a description specified, in the licence; and
2. to refer matters specified, or of a description specified, in the licence to the Authority for approval.

(4) A broadcasting media game licence shall include a condition requiring the licensee to pay to the Authority, at such times as may be prescribed by regulations, such fees, duties, taxes and, or other sums as may be so prescribed, which fees, duties, taxes and, or sums shall be in addition to those which the licensee may be required to pay under any law other than this Act.

(5) A broadcasting media game licence shall be deemed to include a condition that –

1. the prize or prizes which can be won in such game shall not consist of money or a cheque or similar document entitling the holder to convert it into money; and
2. the aggregate retail value of all prizes which can be won in such game shall not exceed the amount of fifty-eight thousand and two hundred and thirty-four euro and thirty-three cents (58,234.33).

Changes in effective control and management etc.

5. (1) (a) If the broadcasting media game licensee is a person other than an individual, such licensee shall within five days of any change in the persons who exercise effective control and management of the affairs of the licensee inform the Authority of such change. The licensee shall also inform the Authority of any material changes in the information and documentation provided by the licensee in terms of item 1(2), (3) and (5) of this Schedule or in terms of any other provision of this Act or of regulations made thereunder or in terms of conditions attached to the broadcasting media game licence, as soon as it becomes aware of such changes.

(b) Where owing to any change as is referred to in paragraph (a) hereof, whether the Authority has been informed of such change in accordance with the said paragraph (a) or not, a situation is brought about that, had it existed at the time of the application for the broadcasting media game licence, it would have disqualified the licensee from obtaining a licence in terms of item 2 of this Schedule, the Authority shall by notice inform the licensee accordingly, and if the situation shall not have been remedied to the satisfaction of the Authority within five days from the notice to that effect by the Authority, the Authority shall cancel such licence without complying with the provisions of item 8 of this Schedule:

Provided that the Authority shall not issue a notice as aforesaid any later than one month after being informed by the licensee of the change in accordance with paragraph (a) hereof.

(2) Failure by the licensee to comply with the provisions of sub-item (1) hereof shall constitute an offence against this Act. Assignment or surrender of licence. 6. (1) A broadcasting media game licence may not be assigned or transferred by the broadcasting media game licensee to any other person.

(2) The broadcasting media game licensee may not surrender the broadcasting media game licence during the licence term without the prior approval in writing of the Authority, and if such approval is given, the licence may then be surrendered only subject to such terms and conditions as may be specified by the Authority in its approval.

(3) If a broadcasting media game licence is assigned or transferred by the broadcasting media game licensee to any other person –

1. such licence shall be considered null and void; and
2. the Authority may issue a directive to such licensee to do or restrain from doing any act which the Authority may deem appropriate in the circumstances, and such licensee shall comply with any such directive, failing which it shall be guilty of an offence against this Act.

(4) A broadcasting media game licensee who acts in breach of the provisions of this item 6 shall be guilty of an offence against this Act. Grounds for cancellation or suspension of licence.

7. The Authority may order the cancellation or suspension of a broadcasting media game licence on any of the following grounds:

1. the licensee, or any person who exercises effective control and management of the affairs of the licensee, is convicted of an offence against this Act, or of theft, receiving stolen property, fraud or any crime affecting public trust;
2. the licensee contravenes any provision of this Act or of any regulations made thereunder applicable to it, or is in breach of any condition in the broadcasting media game licence or any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to it;
3. the licensee knowingly or recklessly supplies to the Authority material information that is false or misleading;
4. the licensee fails to fulfil his financial commitments when they become due and payable;
5. the licensee is being wound up; or
6. the Authority is reasonably satisfied that the licensee is not, or has ceased to be, a suitable person to hold the broadcasting media game licence, or it reasonably deems it necessary in the national interest to cancel or suspend the broadcasting media game licence.

Procedures for the cancellation or suspension of the licence.

8. (1) Where a ground for cancellation or suspension of a broadcasting media game licence arises under item 7 of this Schedule, the Authority shall, by notice in writing, request the licensee, and may request any other person who in its opinion has an interest in the licence, to show cause, within such period being not less than five days after the issue of the notice as specified in the same notice, why the licence should not be cancelled or suspended on such ground as is stated in the notice.

(2) The Authority shall have regard to any response made under sub-item (1) hereof in such manner that –

1. where the matter is resolved to its satisfaction, it shall take no further action and shall inform the licensee in writing accordingly;
2. where, although the matter is not resolved to its satisfaction, it considers that further action is not warranted, it shall caution the licensee in writing; or
3. where the matter is not resolved to its satisfaction and it is satisfied that further action is warranted, it may –
   1. by notice in writing give such direction to the licensee as it considers appropriate; or
   2. suspend the licence for such period as it thinks fit, or cancel such licence.

(3) Where a direction given by the Authority under sub-item (2)(c)(i) hereof is not complied with within the time specified in the notice, the Authority shall cancel the licence.