HORSE RACING IRELAND

S.I. Number 755 of 2004

IRISH HORSERACING INDUSTRY ACT, 1994

AUTHORISED BOOKMAKERS (CODE OF PRACTICE OF BOOKMAKERS AT AUTHORISED RACECOURSES) REGULATIONS, 2004

Issued by

Horse Racing Ireland

Thoroughbred County House

Kill

Co Kildare

IRISH HORSERACING INDUSTRY ACT, 1994

AUTHORISED BOOKMAKERS (CODE OF PRACTICE OF BOOKMAKERS AT AUTHORISED RACECOURSES) REGULATIONS, 2004

ARRANGEMENT OF SECTIONS

Schedule

Regulations for the Practice and Operations of Bookmakers And Their Representatives, Employees and Agents at Authorised Racecourses

IRISH HORSERACING INDUSTRY ACT, 1994

AUTHORISED BOOKMAKERS (CODE OF PRACTICE OF BOOKMAKERS AT AUTHORISED RACECOURSES) REGULATIONS, 2004

Horse Racing Ireland, in exercise of the powers conferred upon it by Section 53 (1) (b) of Section 7 of the Horse and Greyhound Racing Act, 2001 ) hereby makes the following Regulations:

1.       Citation And Commencement

(a)      These Regulations may be cited as the Authorised Bookmakers (Code Of Practice Of Bookmakers At Authorised Racecourses) Regulations, 2004;

(b)      These Regulations shall come into effect on the 1^st day of December 2004.

2.       Definitions

(a)      In the Regulations, “the Act” means the Irish Horseracing Industry Act, 1994 ;

(b)      Section 2 of the Act shall also apply to the interpretation of these Regulations;

(c)      Nothing in these Regulations shall prejudice the powers and rights of Horse Racing Ireland under the Act.

3.       Practice Of Bookmakers At Authorised Racecourses

Authorised bookmakers, their representatives, employees and agents shall adhere to the regulations for the practice and operations of bookmakers and their representatives, employees and agents at authorised racecourses as set out in the schedule to these Regulations.

4.       Amendments to Regulations

These Regulations may be amended from time to time by Horse Racing Ireland.

Explanatory note

It is proposed, following consultations between Horse Racing Ireland and the Irish National Bookmakers Association, that a mandatory code of practice be introduced by these Regulations for the practice and operations of authorised bookmakers and their representatives, employees and agents at authorised racecourses.

SCHEDULE

REGULATIONS FOR THE PRACTICE AND OPERATION OF BOOKMAKERS AND THEIR REPRESENTATIVES, EMPLOYEES AND AGENTS AT AUTHORISED RACECOURSES

DEFINITIONS AND INTERPRETATION

In these Regulations the following expressions shall have the following meanings:

1.       Authorised Officer -- Persons appointed in writing by the Board of HRI to be responsible for the allocation of Pitches and the enforcement of all regulations.

2.       Authorised Racecourse -- A racecourse including the precincts thereof authorised by HRI under section 59 of the Irish Horseracing Industry Act 1994 and licensed by the Turf Club.

3.       Betting Ring -- An area or areas at an Authorised Racecourse designated by the relevant racecourse executive and approved by HRI where a Bookmaker may carry on the business of receiving or negotiating bets and to which the public may resort for the purpose of betting.

4.       Main Betting Ring -- The Betting Ring designated by HRI as being the greater importance to the compilation of the starting price.

5.       Bookmaker -- A person authorised by the Board of HRI to accept or negotiate the taking of bets at an Authorised Racecourse.

6.       Employee -- Any person in the employment of, or acting as agent for, a Bookmaker at an Authorised Racemeeting.

7.       HRI -- Horse Racing Ireland.

8.       Joint -- the stand and equipment used by a Bookmaker to carry on his/her business, in a Betting Ring, as approved by HRI.

9.       Authorised Racemeeting -- A horse racemeeting authorised by HRI and run under the Rules of Racing and/or the Irish National Hunt Steeplechase Rules.

10.     Pitch -- The relative position in the Betting Ring based on his/her seniority allocated to a Bookmaker to conduct his/her bookmaking business.

11.     Representative -- A person who is the holder of a representative permit from HRI who is authorised to act on behalf of a Bookmaker, i.e. the principal.

12.     Seniority -- a right of priority that a Bookmaker acquires at an Authorised Racecourse, which is represented by a date, as evidenced in the records of HRI.

13.     These Regulations -- these Regulations for the conduct and operations of Bookmakers and their Representatives, Employees and agents at Authorised Racecourses.

A.      A BOOKMAKER SHALL NOT RECEIVE OR NEGOTIATE BETS AT AN AUTHORISED RACECOURSE UNLESS:

1.       All bets are received and negotiated with bona fide customers and any person authorised by HRI to conduct business in a Betting Ring.

2.       He/she first notifies the Authorised Officer of HRI in charge of the meeting on the day with regard to conducting any betting business considered to be unorthodox, e.g. betting without the favourite.

3.       He/she shall not knowingly make a bet or engage in betting transactions with a person under the age of eighteen years whether such person is acting on his/her own behalf or as an agent for another person. The onus on proof of age is the responsibility of the Bookmaker.

4.       He/she agrees to allow the taking of bets or negotiating of same in his/her name in any Betting Ring at any Authorised Racecourses only through the Bookmaker or his Representative as authorised by the Board of HRI. No other person employed by the Bookmaker may accept or negotiate a bet on behalf of his/her employer.

5.       A Bookmaker may take or negotiate bets on races at the meeting at which he/she is attending and on races taking place at other racecourses and on any other event, subject to notifying the Authorised Officer of HRI in charge of the meeting at which the Bookmaker intends accepting bets. A Bookmaker who intends to bet on an away event must first notify the Authorised Officer of HRI.

6.       Double boards may be used by Bookmakers betting on a Rails Line, as recognised by HRI, at the following racecourses: Curragh, Fairyhouse, Leopardstown, Naas, Navan and Punchestown.

B.      BOOKMAKERS ATTENDANCE AT RACEMEETINGS

1.       A Bookmaker registered with a seniority position within the designated number in each Betting Ring for each meeting, not proposing to attend that meeting either in person or represented by a Representative, must inform the Authorised Officer of HRI at least one hour before the advertised time of the first race at that meeting at which he/she is the holder of seniority.

2.       A Bookmaker having a seniority position within the designated number in any Betting Ring at any meeting who fails to attend a meeting and has not informed the Authorised Officer of HRI of his/her non attendance as set out above shall be liable to the following penalties:

a)       On the first and second occasions, a written warning will be issued from the Authorised Officer of HRI.

b)       On the third and any subsequent occasion, the matter will be reported to the Board of HRI with a recommendation that disciplinary action will be taken up to and including a suspension of his/her betting permit.

3.       A person who is the holder of a representative permit, who intends to represent the Bookmaker whom he/she is authorised to do, must inform the Authorised Officer of HRI of his/her intention to do so. This must be no later than one hour before the advertised time of the first race at the meeting at which he/she intends to represent the principal. Failure to do so will result in:

a)       On the first and second occasions, a written warning will be issued from the Authorised Officer of HRI.

b)       On the third and any subsequent occasion, the matter will be reported to the Board of HRI with a recommendation that disciplinary action will be taken up to and including a suspension of his/her betting permit.

C.      DISPLAY OF TERMS AND TRADING DETAILS

1.       A Bookmaker must trade from a Joint.

2.       A Bookmaker must display the following details on his/her board or on his/her Joint in a manner clearly visible to the public in the relevant Betting Ring:

a)       His/her trading name which must be registered with HRI.

b)       When a Representative is operating on behalf of a Bookmaker, the name of that Bookmaker who is being represented, must be clearly visible on the top of the Board.

c)       The runners in racecard order or betting order.

d)       The minimum bet and the guaranteed liability which will be accepted by the bookmaker.

e)       He/she is not prepared to lay Each Way betting.

f)        The terms of Each Way betting must be on standard terms as set out by HRI.

g)       Whether the Bookmaker is Betting Without a horse or horses. Where a Bookmaker is betting without the favourite/forecast betting/multiple bets, a notice to this effect must be clearly displayed.

3.       Bookmakers betting on the result of a race by distance or by photo finish must price the odds for all possible options resulting in the outcome of said race.

4.       Following the announcement that a horse prior to coming under starter's orders has been withdrawn from a race on which the Bookmaker is betting, a Bookmaker or his Employee shall clearly draw a line across the betting book under the last bet struck on each horse or time tag the last bet recorded by computer record before recording any further bets. A Bookmaker who fails to draw a line or time tag under the last bet will not be permitted to make a deduction where the line is not drawn in the book or the time of the last bet is not time tagged on the computer record to indicate the withdrawn horse and the formation of a new betting market.

5.       A Bookmaker who wishes to bet on a particular race must price up the odds on offer on all horses no later than the public address announcement stating that the horses are leaving the Parade Ring. Each Bookmaker has a responsibility to form a market and to provide an SP return for each event. The rules in relation to withdrawn horses for deductions from winnings should be where possible displayed and if not possible, must be available in printed format for each customer if requested. The returns payable on placed horses for each race type should where possible be displayed and if not possible, must be available in printed format for each customer if requested.

6.       In the case of a disputed bet, a Bookmaker must inform the customer that he (the customer) may refer the matter for decision to HRI in person or in writing.

7.       The following shall apply in relation to settlement of bets:

a)       A Bookmaker who has conducted business at an Authorised Racecourse shall not leave the racecourse without first paying all outstanding unsettled cash claims in respect of betting transactions struck at that meeting.

b)       A Bookmaker who wishes to leave the racecourse where he/she has an outstanding unsettled bets must first receive permission from the Authorised Officer of HRI.

c)       A Bookmaker shall not dismantle his/her Joint or leave his/her Pitch until ten (10) minutes after the “winner alright” notification has been given in respect of the last race at that meeting.

8.       A Bookmaker shall not be allowed to partake of any move from his/her Pitch after the off of the fourth race at the meeting where he/she is betting.

D.      BETTING SLIPS OR TICKETS

As and from 1^st October 2004 but no later than 1^st January 2005, a Bookmaker or his/her Representative who conducts business at an Authorised Racemeeting or an Authorised Racecourse, other than a point to point meeting, must issue to the customer for each bet accepted a ticket, receipt or betting slip displaying the following information:

1.       The Bookmakers name.

2.       HRI contact details.

3.       The meeting name, date and race number.

4.       The name and number of the horse.

5.       The stake.

6.       The potential return including the stake to the customer.

7.       The odds at which the bet was laid.

8.       The type of bet -- Win, Place, Forecast, Betting Without other.

E.      CONDUCT OF BOOKMAKERS WHILE OPERATING ON AUTHORISED RACECOURSES

1.       A Bookmaker, his/her Representative or Employees while conducting business in the Betting Ring, shall not indulge in or be associated in any way with any practice that has or might have the effect of distorting artificially the betting market or the starting price at any meeting, whether by offering false prices on any horse or by any other means.

2.       A Bookmaker, his/her Representative or Employees must keep any Pitch/Joint/equipment used in the course of his/her business in a clean, tidy and safe condition.

3.       A Bookmaker, his/her Representative or Employees must dress in an appropriate manner.

4.       A Bookmaker, his/her Representative or Employees shall conduct themselves in a proper and orderly manner at all times. They shall conduct any business with customers and any other authorised personnel in a polite and helpful manner. Any person acting in an offensive, disorderly or violent manner may be immediately removed from the Betting Ring by the racecourse security staff or the Garda Siochana.

5.       A Bookmaker, his/her Representative or Employees shall comply with any reasonable request or directive made by an Authorised Officer of HRI, or their representatives, security personnel or the Garda Siochana at any time.

F.      BOOKMAKERS EMPLOYEES

1.       Where a Bookmaker or his/her Representative employs or uses the services of a runner or assistant at an Authorised Racecourse on a permanent or temporary basis, the Bookmaker shall be responsible for the conduct of said Employees through out the period of the employment.

2.       A person employed by a Bookmaker as an assistant to record bets negotiated by the said Bookmaker must be situated to the rear of the Joint. It is the responsibility of the Bookmaker to ensure that during any period of time that he/she is accepting or negotiating bets that his/her assistant is in close proximity to the rear of the Joint.

3.       A Bookmaker shall undertake to abide by employment law in respect of any person in his/her employment on an Authorised Racecourse. In this regard, the Bookmakers attention is drawn in particular to the provisions laid down in the “Protection of Young Persons (Employment) Act, 1996”. The following outlines some of the main provisions but Bookmakers are obliged to make themselves aware of break entitlements as laid down in the legislation:

▪        A “Child” for the purposes of the Act is a person under the age of 16.

▪        A “Young Person” for the purposes of the Act is a person over the age of 16 and under the age of 18.

▪        Children under the age of 14 cannot work without written permission from the relevant Minister.

▪        Children aged 14 years may not work during the school term. They may work 35 hours maximum per week during school holidays. The maximum hours in a day are 7 hours and they cannot work before 8.00 am and after 8.00 pm.

▪        Children aged 15 years may only work 8 hour maximum per week during the school term and 35 hours maximum per week during school holidays. The maximum hours in a day are 7 hours and they cannot work before 8.00am and after 8.00pm.

▪        Before employing a child or young person, a Bookmaker must have evidence of age and written permission from a parent or guardian.

▪        Those aged 16 and 17 years of age may work a maximum of 40 hours per week. The maximum hours in a day are 8 hours and they cannot work before 6.00am and after 10.00pm.

▪        Those aged 18 years and older may work a maximum of 48 hours per week and attention is drawn in this regard to the “Organisation of Working Time Act, 1997” which also sets out legal entitlements.

▪        Account must also be taken of any hours worked by Employees in another employment if applicable, in order to ensure that the maximum hours are not exceeded.

4.       Bookmakers should familiarise themselves with their responsibilities as employers for the health and safety of their Employees, including close relatives, while in their employ.

5.       Bookmakers are required, whilst conducting business on a racecourse, to obtain and maintain full Employer's Liability Insurance for their Employees in addition to their Public Liability Insurance and should be able to produce evidence of this coverage at any stage if requested to do so by an Authorised Officer of HRI.