Practice Areas: Gaming, IT & Telecoms > Gaming & Betting Law > Land-Based Gaming in Malta
Overview
With land-based gaming and gambling, the gaming activities take place in physical premises, as opposed to remote gaming.
The Maltese legislative gaming framework has recently undergone an overhaul. The newly enacted Gaming Act (Chapter 583 of the Laws of Malta) and the complementing second and third tier Regulations and Directives, most of which entered into force in August 2018, cover all types of gaming activity in Malta, including land-based gaming activities. The Malta Gaming Authority (“MGA”) is responsible for issuing the relevant gaming licenses, ascertaining that licensees are suitable persons and in general ensuring observance of the relevant legislation, including the taking of enforcement action.
Types of Land Operators
Casinos
Within the sphere of land-based gaming and gambling, Casinos in Malta are regulated by the Gaming Act, 2018 (Chapter 583 of the Laws of Malta) and more specifically by the Gaming Premises Regulation, 2018 (LN 245 of 2018) including other regulations and directives published under the Act. Each casino requires a licence issued by the Authority, however such licence is conditional upon a concession which can only be granted by the Government of Malta.
Given that casinos still require a licence from the Authority, they are still subject to the scrutiny thereof and must conform to the Authority’s regulatory requirements in order to ensure that the games are fairly run and also ensure the protection of players, both in accordance with the law.
Controlled Gaming Premises
There are also premises which are considered to be ‘controlled gaming premises’ which although don’t include premises which require a concession from the Government (and also don’t include premises where the only gaming being carried out consists in tombola games), require an approval from the Authority. They are premises intended to make available for use, to host or operate one or more gaming devices (to the exclusion of gaming tables).
Commercial Bingo Halls
Commercial Bingo Halls are a different classification of gaming premises, which don’t require a concession from the Government but nonetheless need to be licensed by the Authority.
National Lottery
The National Lottery games consist of the Grand Lottery, Super 5 and Lotto. Originally, in 1934 the National Lottery was set up as a Government monopoly. In February 2004, Maltco Lotteries Limited was awarded an exclusive licence to operate all the National Lottery games for a period of seven (7) years. In June 2012, Maltco Lotteries Limited was awarded a ten (10) year concession by the Government, after an international public tender was made in 2011 for the rights of the National Lottery games. This remains the situation today – Maltco Lotteries Limited is currently the holder of all rights to operate the National Lottery Games.
How we can help
Gonzi & Associates, Advcocates, has extensive experience in this field and is able to provide specialised assistance to your business at all stages of the gaming licence application procedure, including:
- Collection & preparation of documentation
- Drafting of agreements with third-parties such as data centres, back-up recovery service providers
- Assisting with the appointment of Key Functionaries, director/s, Data Protection Officers (DPOs), and Money Laundering Reporting Officers (MLROs)
- Guiding through every stage of the application process
- Providing post-licensing follow-up assistance