Other Games Requiring Approval from the Malta Gaming Authority

Low risk games are considered to be (i) non-profit games wherein the stake doesn’t exceed €5 per player; (ii) commercial communication games; and (iii) limited commercial communication games as listed under the Gaming Authorisations Regulations, 2018 (LN 243 of 2018).

An operator of the abovementioned low risk games must acquire a low risk games permit from the Malta Gaming Authority (the “Authority”). Such Malta gaming approval shall:

• be valid for a singular event/s for which it is granted;
• expire once the event is concluded;
• not be renewable;
• not be transferrable without the Authority’s prior approval; and
• be subject to the certain limitations as stipulated under the applicable gaming regulation.

The holder of a low risk game permit is expected to adhere to the certain reporting requirements in favour of the Authority.

A non-profit game is a game wherein over ninety percent (90%) of the net proceeds are forwarded to an entity with a charitable, sporting, religious, philanthropic, cultural, educational, social or civic purpose.

A commercial communication game is a licensable game organised with the purpose to promote or encourage the sale of goods or services, and which does not constitute an economic activity in its own right, and where any payments required to be made by the participant serve only to acquire the promoted goods or services and not to participate in the game, although it may be a condition that a person purchases the promoted goods or services in order to participate in the game.

A limited commercial communication game is a licensable game organised with the purpose to promote or encourage the sale of goods or services and the value of the stake doesn’t exceed €2 per player and the value of the prize doesn’t exceed €250.

An amusement machine is defined under the Gaming Definitions Regulations, 2018 (LN 242 of 2018) as any type of machine through which a game may be played via an electronic display, made available for use by players in a gaming premises by an operator on a consistent basis, whether or not it is operated by the insertion of money or token, whether or not a successful player receives or is offered a prize, and where the exclusive purpose of such a machine is for amusement and not for gambling purposes.

Although amusement machines are considered to be exempt games and thus, don’t require a licence, they must be registered with the Authority by obtaining a Malta gaming approval. Moreover, the person registering the amusement machine/s is bound by certain conditions and notification requirements in favour of the Authority.

An operator of a cruise casino berthed in Malta or within Maltese territorial waters must acquire a cruise casino permit from the Authority and must adhere to all conditions contained therein. A cruise casino permit shall:

• be valid for a term not exceeding the time during which the cruise ship is moored at or within Maltese territory;
• be valid only in regard to registered passengers of the cruise ship;
• not be transferrable; and
• be limited to passenger ships used for pleasure voyage with a minimum of three (3) ports of call in three (3) different jurisdictions which may or may not include Malta, having its own amenities that include lodging facilities for all passengers and a minimum capacity of 150 passengers.

Cruise liners wishing to seek the Authority’s prior approval to operate a cruise casino within Maltese territorial waters must submit the relevant application before the cruise ship is due to call in Malta. The approval will only be issued once the applicable fee is paid and the Authority is satisfied that all requirements have been met.