S.I. No. 198/1968:

GREYHOUND RACE TRACK (LEVY COLLECTION) REGULATIONS, 1968.

GREYHOUND RACE TRACK (LEVY COLLECTION) REGULATIONS, 1968.

ARRANGEMENT OF ARTICLES.

1. Revocation.

2. Definitions.

3. References to making and accepting bets.

4. Laying off bets.

5. The prescribed forms.

6. Use of betting sheets in books.

7. Procedure by bookmaker entering into a bet.

8. Method of recording bets on a betting sheet.

9. Determination of the unit for the purpose of a betting sheet.

10. Leaving of spaces on a betting sheet.

11. Payment of levies by a bookmaker other than an approved bookmaker.

12. Maximum value of bets recorded on a betting sheet or sheets by a bookmaker other than an approved bookmaker.

13. Certified returns by a bookmaker other than an approved bookmaker.

14. Refund in respect of excess levy.

15. Approval of bookmakers.

16. Certified returns and payment of levies by an approved bookmaker.

17. Holding returns.

18. Irrecoverable bets.

19. Notification of bookmaker's address.

20. Performance of duties by agent or servant.

21. Making of entries.

22. Alteration of entries.

23. Citation and commencement.

SCHEDULE.

PRESCRIBED FORMS.

S.I. No. 198 of 1968.

GREYHOUND RACE TRACK (LEVY COLLECTION) REGULATIONS, 1968.

Bord na gCon, in exercise of the powers conferred upon it by subsection (1) of Section 33 of the Greyhound Industry Act, 1958 (No. 12 of 1958), and also by Section 2 and subsection (3) of Section 5 of the said Act, with the consent of the Minister for Agriculture and Fisheries, hereby makes the following regulations, that is to say :--

1. The Greyhound Race Track (Levy Collection) Regulations, 1958, and subsequent amendment thereto are hereby revoked.

2. In these regulations the following words and expressions have the meanings hereby assigned to them, that is to say :--

"the Act" means the Greyhound Industry Act, 1958 (No. 12 of 1958);

" bet " means a course bet;

" the business " of a bookmaker does not include any business except such as is carried on on a greyhound race track or in the precincts thereof;

" bookmaker " means a licensed bookmaker who is the holder of a course betting permit;

" approved bookmaker " means a bookmaker who by virtue of an approval given by the Board for the purposes of Article 15 of these regulations pays the levies on bets accepted by him after such acceptances on the basis of certified returns;

" licensed greyhound race track " means a greyhound race track licensed by the Board under the Act;

" greyhound race meeting " means a greyhound race meeting held on a licensed greyhound race track;

" normal bet " means a bet that a particular greyhound will win or be placed in a particular race;

" the amount " of a bet means the sum which by the terms of the bet the bookmaker by whom it is accepted will be entitled to receive, retain or take credit for if the event the subject of the bet is determined in his favour;

" forecast bet " means a bet that two or three specified greyhounds will be placed in a particular race first and second, or first, second and third (as the case may be) in a specified order;

" the named greyhounds " in relation to a forecast bet means the two or three greyhounds specified in the bet and in the order so specified;

" double event bet " means a bet that one specified greyhound will win one specified race at a greyhound race meeting and another specified greyhound will win a subsequent specified race at the same race meeting;

" the first race " and " the second race " in relation to a double event bet mean, respectively, the first race and the subsequent race specified in the bet;

" the first greyhound " and " the second greyhound " in relation to a double event bet mean, respectively, the greyhound assigned by the bet to win the first race and the greyhound assigned by the bet to win the second race;

" to become void " in relation to a bet means to become void for any reason other than the mutual consent of the parties to the bet;

" laid off " has the meaning assigned to it in Article 4 of these regulations;

" betting sheet means a sheet in Form 1 for use by a bookmaker for the recording of bets in pursuance of these regulations;

" the total net value " of the bets recorded in a betting sheet has the meaning assigned to it by Article 12 of these regulations;

" holding return " means a return in Form 3A or Form 3B showing details of bets on races or on a particular race accepted and laid off by a particular bookmaker;

" week " means a week ending at midnight on Saturday.

3. In these regulations every reference to the making of a bet shall be construed as a reference to the entering into a bet by a person with a bookmaker on the occurence of an event and every reference to the accepting of a bet shall be construed as a reference to the entering into a bet by a bookmaker against the occurence of an event.

4. (l) A bookmaker (in this article referred to as " the first book-maker ") who has accepted a bet at a greyhound race meeting shall be deemed for the purposes of these regulations to have laid off the whole or a particular part of the amount of the bet with another bookmaker (in this article referred to as " the second bookmaker ") if and only if :--

(a) the contingent liability of the first bookmaker in respect of the whole of the bet or such part of the bet (as the case may be) has, after such acceptance, been transferred to the second bookmaker by means of a fresh bet made by the first bookmaker and accepted by the second bookmaker, and

(b) the second bookmaker was carrying on business at such race meeting and has accepted such fresh bet while so carrying on business, and

(c) at the time when such fresh bet was made, the first bookmaker informed the second bookmaker that such fresh bet was made by the first bookmaker, and

(d) where the bet is a double event bet such fresh bet was made and accepted before the termination of the first race of the double event.

(2) In these regulations the expression " laid off " in relation to any amount being the whole or part of a bet accepted by a bookmaker means that the amount is deemed by virtue of sub-article (1) of this article to have been laid off by such bookmaker with another bookmaker.

5. (1) The forms set forth in the schedule to these regulations shall be the prescribed forms for the respective purposes to which they are expressed to be applicable.

(2) A reference in these regulations to a form with a specified number shall be construed as a reference to the form set forth in the schedule to these regulations to which such number is assigned therein.

6. (1) A betting sheet shall be used by a bookmaker for the recording of bets.

(2) The Board shall supply books of numbered betting sheets to bookmakers on application :--

(a) at the Board's offices when the said offices are open for business, and

(b) at any offices maintained by the Board and opened for the supply of betting sheets at a licensed greyhound race track.

(3) The pages in the book of betting sheets shall be used consecutively for the recording of bets on races in the order in which the races are held, no page being left blank save with the permission of an authorised officer of the Board. Where more than one page is used for the recording of bets on the same race the word " continued " shall be entered after the number of the race on every such page after the first.

(4) Save with the permission of the Board, a bookmaker shall not use a new book of betting sheets until all the pages in the book already in use have been used for the recording of bets.

(5) (a) Books of betting sheets issued to a bookmaker shall be forwarded to the Board on request.

(b) When a book of betting sheets has been used by a book-maker for the recording of bets, he shall retain the same for inspection for twelve months from the last day on which any bet was recorded therein.

7. Whenever a bookmaker accepts a bet from any person he shall immediately record such bet on a betting sheet in accordance with the provisions of these regulations.

8. (1) Before a bookmaker records bets on a book of betting sheets he shall enter in the appropriate spaces on the book, his name, the number of his course betting permit and whether approved or other than approved for the payment of levies to the Board.

(2) Before a bookmaker records bets on a betting sheet at a greyhound race meeting, he shall enter on the betting sheet in the appropriate spaces the place and date of the race meeting.

(3) Before a bookmaker records bets on a particular race on a betting sheet, he shall enter the number of the race on the sheet. He shall record such bets immediately under such entry, with the amount (if any) of such bets which are laid off. Immediately under the last of such records he shall draw a horizontal line. Immediately under such line he shall enter the number of the next race on which he accepts bets; and so on until the book of betting sheets is completed or for any other reason ceases to be used.

(4) A bookmaker shall record the bets accepted by him on a particular race as follows, that is to say :--

(a) he shall enter across the whole of one column (i) the name of any greyhound on which he accepts one or more normal bets, and (ii) the names (in order) of any named greyhounds on which he accepts one or more forecast bets;

(b) under the name of the greyhound or the names of the named greyhounds to which any normal bet or forecast bet relates he shall enter in sub-column (3) the number of units in the bet;

(c) he shall enter in sub-column (4) (i) if he is aware that the bet was made by another bookmaker, the name of such other bookmaker, and (ii) in any other case, either the name of the person making the bet or the number of a ticket issued by him, in sequence, to such person when the bet was made or some other sufficient identification of such person;

(d) whenever he lays off the whole or a part of the bets accepted by him on a particular greyhound or particular named greyhounds he shall at once enter in sub-column (3) immediately under the entries relating to such bets the word " off ", the amount so laid off and the name of the bookmaker with whom the amount was laid off.

(5) A double event bet shall be recorded as a bet on the first race of the double under the name of the first greyhound followed by the letters " D.E." and the name of the second greyhound in brackets, and the provisions of sub-article (4) of this article shall apply in relation to such recording with the necessary modifications.

(6) A bookmaker may use sub-columns (1), (2) and (5) of any column of the betting sheet to record respectively the running total of his maximum liability in respect of the greyhound or greyhounds for which such column is being used, his contingent liability in respect of each bet, and the running total of the amount staked on such greyhound or greyhounds.

9. (1) Before a bookmaker records any bets on a betting sheet he shall determine whether the unit in relation to the bets to be recorded thereon shall be one shilling or one pound by entering in the appropriate space thereon the word " shillings " or the word " pounds ".

(2) For the purposes of these regulations the number of units in a bet shall be the number of shillings or the number of pounds in the amount of the bet according as the word shillings or pounds is entered in pursuance of this article on the betting sheet where the bet is recorded.

10. Between the entries on a betting sheet which relate to any two bets on the same greyhound or greyhounds, no space shall be left except so much as may be necessary for the purpose of any entries required to be made by these regulations of the laying off of the whole or any part of the bets on such greyhound or greyhounds.

11. (1) A bookmaker other than an approved bookmaker shall, before accepting bets at a meeting, pay the levy at the office maintained by the Board at the licensed greyhound race track at which he intends carrying on business.

(2) The amount payable by a bookmaker shall be the levy at the prescribed percentage on the estimated amount of the total net value of the bets to be accepted by him at that meeting; to be paid to the Board in cash, or by means of a cheque, payment of which is guaranteed by the bank upon which it is drawn.

(3) If a bookmaker accepts bets during a meeting in excess of the total net value of the bets on which levy has been paid, he shall, at that meeting, before accepting bets in subsequent races, make a further payment in respect of such excess and also in respect of the estimated bets on such subsequent races.

(4) In this Article, the expression " prescribed percentage " means the percentage prescribed for the time being by the Board for the purposes of Section 32 of the Act.

12. (1) For the purposes of these regulations, the total net value of the bets accepted by a bookmaker other than an approved bookmaker and recorded by him on a betting sheet or sheets shall be taken to be the aggregate of the amounts of all such bets after deducting so much (if any) of the said bets as has been laid off by such bookmaker, and so much (if any) of the said bets as has become void.

(2) If in the calculation of the total net value of the bets accepted by a bookmaker other than an approved bookmaker and recorded by him on a betting sheet or sheets he has deducted the whole or a part of the amount of any bet on the grounds that it had been laid off or had become void, the Board may, at any time, by notice, in writing, sent to him by post, require him to furnish within a specified period evidence that the deduction was correctly made, and if in respect of the whole or a particular part of such deduction, he fails to furnish such evidence within such period, or if the evidence furnished by him within such period does not satisfy the Board, the Board may declare either the whole or such particular part (as the case may be) of the said deduction to be inadmissible and determine the total net value of the said bets accordingly, and the amount so determined shall be deemed to be the total net value of the said bets.

13. (1) Whenever a bookmaker other than an approved book-maker carries on his business during any week, he shall send to the Board certified returns in Forms 4 and 5 of the bets accepted by him during the said week, signed by him and setting out, verifying and certifying the several particulars mentioned in the said forms.

(2) The returns mentioned in the foregoing sub-article in respect of any week shall be sent by post to the Board not later than the Friday of the following week.

14. (1) Where a bookmaker has paid levy in excess of the levy due on the net total of bets accepted, the Board, on receiving from the bookmaker a claim made in accordance with the subsequent provisions of this article, shall (subject to the provisions of sub-article (3) of this article) refund the bookmaker the amount of the excess levy.

(2) A bookmaker wishing to claim the excess levy paid shall transmit to the Board a claim for the refund in Form 2.

(3) If by reason of insufficiency of evidence or for any other reason the Board is not satisfied of the correctness of the whole or a part of a claim for a refund made under this article, the Board shall send by post to the claimant notice in writing to that effect and unless the claimant within one month of the sending of the said notice furnishes evidence which satisfies the Board, the whole or part of the sum claimed (as the case may be) shall not be refunded.

15. (1) The Board may, at its discretion, on receipt of an application in writing from a bookmaker, approve of such bookmaker for the purposes of this article, as from a specified date.

(2) The approval of a bookmaker by the Board for the purposes of this article shall be conditional on such bookmaker entering into and retaining in force with a guarantee society approved by the Board, such a security bond for the payment by him of the levies due by him as is required by the Board, and such an approval shall not come into force until such bond has been duly entered into and shall cease to be in force at any time when no such bond is in force.

(3) Subject to the provisions of sub-article (4) of this article, the approval of a bookmaker for the purposes of this article may be withdrawn at any time by the Board at its discretion.

(4) Before withdrawing the approval of a bookmaker for the purposes of this article, the Board shall give to the bookmaker notice in writing stating its intention to consider such withdrawal and the grounds thereof and shall consider any representations made in writing by such bookmaker and received by the Board not more than one week from the date of such notice.

(5) If and so long as the approval of a bookmaker for the purposes of this article is in force and has not been withdrawn, the levies in respect of the bets accepted by him shall be paid after the bets are so entered into on the basis of certified returns and in accordance with the relevant provisions of these regulations.

16. (1) Whenever an approved bookmaker has carried on his business during any week, he shall send to the Board certified returns in Forms 4 and 5 of the bets accepted by him during the said week signed by him and setting out, verifying and certifying the particulars mentioned in the said forms, together with a remittance by cheque, postal order or money order of the amount appearing from the said returns to be due by him to the Board for levies on the said bets.

(2) The returns and remittance mentioned in the foregoing sub-article in respect of any week shall be sent by post to the Board not later than the Friday of the following week.

(3) If an approved bookmaker, in calculating the net total on which levy is payable for the purpose of the certified returns, has deducted the whole or a part of the amount of any bet on the grounds that it had been laid off or had become void, the Board may, at any time, by notice in writing, sent to him by post, require him to furnish within a specified period evidence that the deduction was correctly made; and, if in respect of the whole or a particular part of such deduction, he fails to furnish such evidence within such period, or if the evidence furnished by him within such period does not satisfy the Board, the Board may declare either the whole or such particular part (as the case may be) of the said deduction to be inadmissible and the levy on the amount so declared inadmissible shall be thereupon payable to the Board.

17. (1) Whenever a bookmaker on a particular day carries on his business at a greyhound race meeting, he shall immediately after every race at that meeting on that day whether he accepts any bets or not, make a holding return in Form 3A in respect of such race.

(2) The Board may require a bookmaker either for a particular race or generally, to make, in addition to his holding return in Form 3A, a supplementary holding return in Form 3B and a bookmaker shall comply with such requirement.

(3) If a bookmaker does not accept any bet on a race, he shall enter in his holding return for that race the words " No Book ".

(4) A holding return shall be signed either by the bookmaker himself or on his behalf by a person nominated by him under sub-article (5) of this article.

(5) A bookmaker may, by notice in writing, delivered to the Board, nominate a person to sign holding returns on his behalf, and such nomination shall continue to have effect until withdrawn by a further notice in writing delivered to the Board.

(6) When a holding return has been duly completed and signed, the bookmaker shall forthwith deliver it to the Board either, if a receptacle is provided for the purpose at the race meeting by depositing it therein, or if no such receptacle is provided by handing it at such race meeting to an authorised officer of the Board.

18. (1) If the amount of a bet accepted by a bookmaker has not been and is not, in his opinion, likely to be collected by him, he may make to the Board in Form 6 at any time before (but not after) the expiration of twelve months from the acceptance of the bet, a claim for a return or remission of the levy chargeable in respect of the bet.

(2) When a bookmaker, under sub-article (1) of this article, makes a claim for the refund or remission of the levy chargeable in respect of a bet, he shall retain for inspection all records and documents in his possession and relating to the bet for a period of six months from the making of the claim.

(3) The Board may, at its discretion and subject to such conditions (if any) as it thinks fit to impose, refund or remit the whole or a part of the levy to which a claim under sub-article (1) of this article relates.

(4) If at any time after the levy chargeable on a bet accepted by a bookmaker has been remitted or refunded under this article, the amount of the said bet or a portion thereof is collected by the bookmaker, he shall pay to the Board the levy in respect of such amount or portion.

19. Whenever a bookmaker changes his address, he shall immediately notify the Board of his new address.

20. (1) Subject to the special provision made by Article 17 of these regulations for the signing of a holding return, every document required by these regulations to be signed by a bookmaker shall be signed by him in person.

(2) Subject to the provisions of sub-article (1) of this article and to the provisions of Section 28 of the Act, a bookmaker may arrange for the performance of any duties imposed on him by these regulations by his agent or servant on his behalf, but in every such case the bookmaker shall be responsible for the due and proper performance of the said duty.

21. All entries required by these regulations to be made in any betting sheet or other document shall be made clearly and legibly in ink or pencil.

22. No erasures shall be made in any of the betting sheets or forms kept or completed by a bookmaker in pursuance of these regulations or in any sheet, book or other document on which particulars relating to a bet are recorded by a bookmaker. In case it should be found necessary to make an alteration in an entry in any of the said documents, it shall be done by drawing a line through the erroneous entry and by writing immediately above, below or beside it, the necessary correction.

23. (1) These regulations may be cited as the Greyhound Race Track (Levy Collection) Regulations, 1968.

(2) These regulations shall come into operation on the 7th day of October, 1968.

SCHEDULE

FORM 1

FORM 2.

GREYHOUND INDUSTRY ACT, 1958 .

CLAIM FOR REFUND OF EXCESS LEVY PAID BY A BOOKMAKER OTHER THAN AN APPROVED BOOKMAKER.

FORM 3A.

GREYHOUND INDUSTRY ACT, 1958 .

HOLDING RETURN.

To the best of my knowledge and belief the amounts of the bets (A) entered into by me (B) laid off by me with other course bookmakers and (C) which became void on the races below and duly entered on the sheets were :--

FORM 3B.

GREYHOUND INDUSTRY ACT, 1958 .

HOLDING RETURN.

To the best of my knowledge and belief the amounts of the course bets (A) entered into by me and (B) laid off by me and (C) which became void on each greyhound as shown in the above race and duly entered on the sheets were as shown in the above return.

NOTE : Please Record in Remarks Column Name(s) of Bookmaker(s) with whom Bet(s) were laid off.

TO BE SENT TO BORD NA gCON AT ITS HEAD OFFICE BY FOLLOWING FRIDAY.

I enclose cheque/M.O./P.O. No......................... for the sum of £........................ being the Levy payable in respect of the above week at the prescribed percentage on (1) the total bets entered into by me or (2) on the amount of the bets over and above the bets on which the Levy has been prepaid.

I hereby declare that the above is a full and true account of all bets accepted by me or on my behalf at the races at the meetings on the dates specified above and that the amounts of the Laid Off and Void Bets are correctly stated and that such Void Bets are not due to the mutual consent of the parties to the bets.

FORM 5.

GREYHOUND INDUSTRY ACT, 1958 .

(To be sent to Board by following Friday.)

A.--RETURN OF ALL BETS LAID OFF WITH OTHER COURSE BOOKMAKERS.

B.--RETURN OF ALL BETS ACCEPTED FROM OTHER COURSE BOOKMAKERS.

C.--RETURN OF ALL BETS WHICH (See note below.)

I certify that the above are full and true returns of the bets laid off by me with other course bookmakers, bets accepted by me from other course bookmakers and void bets at greyhound race meetings during the above week and that such void bets are not due to the mutual consent of the parties to the bets.

NOTE : (a) If a number of bets accepted on a greyhound became void it will suffice if the total of these is shown, (b) A double event bet should be returned as a bet on the first race of the double under the name of the first greyhound followed by the letters "D.E." and the name, in brackets, of the second re hound.

FORM 6.

GREYHOUND INDUSTRY ACT, 1958 .

APPLICATION FOR REPAYMENT OF LEVY PAID OR REMISSION OF LEVY CHARGEABLE ON UNCOLLECTED BETS.

I ........................................... of ........................................................... Permit Number ........................ hereby apply to Bord na gCon for the repayment of the levy amounting to £............... (a) paid by me and/or (b) the remission of the levy amounting to £.................. not paid by me which is chargeable on above bets which were not collected or are not likely to be collected for the reasons stated in Column 6 and in the documents attached.

I declare that the return above is a true statement of such uncollected bets and I hereby undertake if such bets of any portion thereof are subsequently recovered by me to pay to the Board the amount of the levy on such bets or portions of bets.

NOTE : The reasons should be briefly set out in Column 6 and a reference given to the documents which should be attached as evidence that the bet was not collected or was not likely to be collected.

GIVEN under the Seal of Bord na gCon, this 10th day of September,

1968.

(Sgd.) DES HANRAHAN,

Chairman of the Board.

(Sgd.) S. P. FLANAGAN,

Chief Officer of the Board.

An officer authorised by the Board to authenticate the Seal of the Board.

I hereby consent to the foregoing Regulations.

(Sgd.) NEIL T. BLANEY,

Minister for Agriculture and Fisheries. dated this 16th day of September, 1968.

EXPLANATORY NOTE.

These regulations set out the revised arrangements which will apply to the collection of course betting levies payable to Bord na gCon from 7th October, 1968, and revoke the regulations previously made by the Board in that connection.