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Lotteries And Other Games Act, 2001 (Cap. 438) Commercial Tombola (Bingo) Regulations, 2006 (L.N.20 Of 2006 )

LOTTERIES AND OTHER GAMES ACT, 2001 (CAP. 438)
Commercial Tombola (Bingo) Regulations, 2006
IN exercise of the powers conferred by article 78 of the Lotteries and Other Games Act, the Prime Minister and Minister of Finance has, after consultation with the Lotteries and Gaming Authority made the following regulations>-
Part I Preliminary
1. (1) The title of these regulations is the Commercial Tombola
(Bingo) Regulations, 2006.
(2) These regulations shall come into force on the 27th
January 2006>
Provided that regulation 33(1) shall come into force on 1st
July, 2006.
(3) The Minister may by notice in the Government Gazette make such transitional provisions as appear to the Minister to be necessary or expedient in connection with any provision of these regulations.
Part II Definitions

Title.

B 483
2. In these regulations, unless the context otherwise requires>– “the Act” means the Lotteries and Other Games Act<
“admission officer” means the regulated employee who ensures the proper entry control in the reception area of the tombola (bingo) hall< ascertains the identity of persons wishing to enter into the tombola (bingo hall) and impede entry to all persons who do not qualify for entry, in accordance with the provisions of these regulations<

Interpretation.

B 484
“approved control system” means a control system approved by the Authority, and shall include an approved control system changed or modified with the approval of the Authority<
“the Authority” means the Lotteries and Gaming Authority< “caller” means the regulated employee who liaises with the
chief of table to ensure the correct calculations for the prize based
on the total value of the scorecards sold for the game< and unless the tombola (bingo) hall has an automated caller system, is responsible for managing the ball-drawing machine and for reading out the numbers drawn in a loud voice in the chronological order in which such balls are drawn<
“chief cashier” means the regulated employee who shall be responsible for checking and recording the details about the persons presenting themselves as winners to claim the prizes, for checking that the scorecards presented for the collection of the prize have been validated and stamped accordingly by the chief of table< who shall inform the public of the winner, pay out the prize to the winner and record the paid out prize for the game.
“chief of table” means the regulated employee is responsible for checking the authenticity of the scorecards presented and the balls drawn, validates the proper sale of the scorecards< is responsible for validating the number of scorecards sold for every game and their total value for each game, determines the line and house prizes for each game that are to be awarded, validates the prize of the currently applicable snowball and informs the players accordingly<
“controlling interest” means a direct shareholding in a tombola (bingo) hall licensee which represents at least twenty per centum of the voting share capital issued by such licensee<
”control system” means a system of internal controls, and administrative and accounting procedures for the conduct of a tombola (bingo) hall<
“entry control system” means a computer system which contains the particulars of persons entering the tombola (bingo) hall and which is capable of ascertaining whether a prohibition of entry applies to a person wishing to enter the tombola (bingo) hall, and full access to which is given to the Authority<
“house” or “bingo” shall mean a prize event which occurs when, during one tombola game, for the first time all numbers printed on one scorecard are drawn<
“inspector” has the same meaning assigned to it by article 17 of the Act<
“licensee” means a person to whom the Authority has issued a tombola (bingo) hall licence<
“line” means a prize event which occurs when, during one tombola game, for the first time all numbers printed on one horizontal row of one or more scorecards are drawn<
“the Minister” means the Minister responsible for finance< “player” means any person who is over 18 years of age and
who takes part in a tombola game<
“prize money” means the amount paid out to a player or players, as the case may be, as a result of a prize event<
“prize event” means an event occurring during a tombola game that triggers the paying out of prize money, whether for such game or for a series of games<
“progressive prize” means an optional prize event which occurs when a house is achieved within a pre-set quantity of drawn numbers in one tombola game. A progressive prize which is not won or claimed in a tombola game or a tombola session has to be carried forward to the next tombola game or session, until it is won<
“regulated employee” means an employee of the licensee who is designated as a caller, or chief cashier, or chief of table, or seller, or tombola head supervisor<
“seating capacity” means the number of players that can be accommodated simultaneously<
“seller” means the regulated employee who sells the scorecards and records the amount of money collected from such sale< collects the winning scorecards and shows them to the chief of table for examination and approval< and who shall cause to be collected after each game the winning scorecards<
B 485
B 486

Operations.

Qualifications.

Applications.

“special relationship” means a person who is an employee, or an officer, or a director, or a shareholder, or an ascendant, or a descendant of the licensee, or who has an interest in the licensee in any manner whatsoever, or who is employed in ancillary services provided in the same premises of the tombola (bingo) hall<
“tombola (bingo) game” has the same meaning assigned to it by the Act and “game shall be construed accordingly<
“tombola (bingo) hall” has the same meaning assigned to it by the Act<
“tombola head supervisor” means the regulated employee who is responsible for the organisation, control and function of the bingo hall< who shall ensure that every person employed in such bingo hall carries out his duties diligently, that all bingo equipment is in full working order, and that the hall carries on its business in the correct manner< and who shall be responsible for maintaining law and order in the bingo hall and shall respond to queries and matters demanding attention, order and control<
“tombola (bingo) session” has the same meaning assigned to it by the Act and “session” shall be construed accordingly’<
“tombola scorecard” has the same meaning assigned to it by the Act<
“tombola score sheet” has the same meaning assigned to it by the Act.
Part III Licensing
3. No person shall operate commercial tombola (bingo) games in a tombola (bingo) hall unless such person is in possession of a valid licence of the relevant class, as set down in the First Schedule to these regulations, issued by the Authority. Any person who acts in breach of the provisions of this regulation shall be guilty of an offence against the Act.
4. To qualify for a licence, an applicant must be a company registered in Malta.
5. (1) Any person who wants to obtain a licence referred to in regulation 3 shall apply in writing to the Authority.
(2) Applications for a licence must be made on forms provided by the Authority and shall include information concerning the following>-
(i) personal background information of key officials< (ii) financial information<
(iii) participation in legal activities, including but not limited to, any interest or equity in any other commercial activity<
(iv) criminal record information of key officials<
(v) information concerning all pecuniary, equity and other interests in the applicant<
(vi) Any other information required by the Authority, for every director, key official and chief executive officer of the applicant and for every shareholder with a controlling interest in the applicant>
Provided that the Authority may, at its sole discretion, require that all beneficial owners of shares in the applicant provide the information herein mentioned.
(vii) the name, registered office and registration number of the applicant company and the address in Malta for the service of documents on the applicant company<
(viii) a description of the location, layout and specifications of the premises in respect of which the application is made< and
B 487
hall>
(ix) the opening and closing hours of the tombola (bingo)
Provided that the Authority may require the applicant to provide such other information in addition to that provided together with the application as it shall deem necessary for the purpose of determining the said application.
(3) An applicant may claim privilege afforded to him by any other law in refusing to answer questions made, or supplying information requested by the Authority in conjunction with its application. However, a claim of privilege with respect to same may constitute sufficient grounds for denial of a licence.
B 488

Licence fees.

Period of licence.

Granting of licence.

6. (1) The granting of a licence shall in all cases be subject to a non-refundable application fee and subsequently to a licence fee as set down in the Second Schedule to these regulations>
Provided that the Authority may require all applicants for a licence to pay the actual costs incurred in conducting investigations into their backgrounds, suitability and qualifications to obtain a licence, if such costs exceed the application fee.
(2) No licence shall be processed or issued until payment of any amount due to the Authority in connection with the application for a licence has been made.
7. (1) A licence granted by the Authority shall be for>
(a) a one-year period in the case of a Class 1 Licence< (b) for six months in the case of a Class 2 Licence.
(2) On the expiration of such term, a licence shall be renewed by the Authority for further one year periods at a time in the case of a Class 1 Licence and for six-month periods at a time, in the case of a Class 2 Licence>
Provided that any such renewal shall in all cases be subject to the continued compliance by the licensee, during the preceding original or renewed term of the licence, with the provisions of the licence, of the Act and of these regulations, and with any directive issued by the Authority in terms of the Act or of these regulations and which are applicable to such licence.
(3) Renewal applications shall be made in the form specified by the Authority and shall be received by the Authority at least thirty days before the expiration of the current licence.
8. (1) The Authority shall not issue or renew a licence applied for under these regulations unless it is reasonably satisfied that all persons involved in the applicant company are fit and proper persons.
(2) In determining whether the applicant is a fit and proper person, the Authority shall have regard to the following matters>-
(a) the character of the persons vested with executive powers in the applicant, and the business reputation of such persons<
(b) the current financial position, financial background and business reputation of the applicant’s promoters, shareholders and directors<
(c) whether the applicant has the appropriate business ability, technical means and expertise to conduct commercial tombola games successfully<
(d) whether the applicant is, in the Authority’s opinion, untainted with illegality<
(e) whether the applicant has followed policies and will take affirmative steps to prevent money laundering and other suspicious transactions< and
(f) whether the applicant has the capacity and the internal control structures to enable it to comply with the policies and directives which the Authority deems appropriate.
(3) In determining whether to issue a licence applied for under these regulations the Authority may have regard to any policy that it may have made in relation to tombola (bingo) halls and that may be in force at the time the application for a licence is submitted to the Authority>
Provided that such policy may have regard to location and zoning, seating capacity and the demand for tombola (bingo) halls.
9. (1) In granting a licence the Authority may subject it to such conditions as it may deem appropriate, and after the grant of 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 licence, the Authority shall, unless such variation or imposition of a new condition has been requested by the licensee himself, by notice in writing inform the licensee 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 that twenty 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 representations made by the licensee within the period specified in the notice, before varying the condition or before imposing the new condition.
B 489

Conditions of licence.

B 490

Revocable privilege

.

.Bank Guarantee

Assignment and transfer prohibited.

(2) A licence granted by the Authority may impose conditions relating to, inter alia> –
(a) the proper operation of tombola games< (b) the protection of players<
(c) the prevention of money laundering< (d) exigencies of public interest.
10. (1) The granting of a licence is a revocable privilege, and no holder thereof shall be deemed to have acquired any vested rights therein or hereunder.
(2) The burden of proving the licensee’s qualifications to hold a licence shall rest at all times on the licensee.
11. (1) Without prejudice to item 6 of the Second Schedule of the Act, once a licence is granted by the Authority the licensee shall be required to take out, prior to the commencement of operations, a bank guarantee in favour of the Authority on its own behalf and on behalf of the Government –
(a) to be issued by a credit institution acceptable to the
Authority<
(b) in such amount and under such terms and conditions as is specified in the Third Schedule to these regulations.
(2) Such bank guarantee shall be in accordance with the
Third Schedule of these regulations and shall be adequate to secure –
(a) the payment and distribution of prizes by the licensee to winners of commercial tombola games operated under the licence<
(b) the payment of fees, taxes and duties or any other sums that are due and payable by the licensee to the Authority under these regulations<
(c) the payment by the licensee of any fines or administrative penalties imposed on it under these regulations or under the Act.
12. (1) Without prejudice to the provisions of this Part, it shall be the duty of the licensee to notify the Authority within five days of >-
(a) any change in the Board of Directors or management of the licensee, or any material changes in the information and documentation provided in terms of regulation 5(1) and (2) of these regulations, or any other information or documentation provided by the licensee in terms of any other provision of the Act, or in terms of conditions attached to the licence>
Provided that where owing to any change as is referred to in this paragraph, whether the Authority has been informed of such change in accordance with the said paragraph or not, a situation is brought about that, had it existed at the time of the application for the licence, it would have disqualified the licensee from obtaining a licence, 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 one calendar month from the notice to that effect by the Authority, the Authority shall cancel such licence without complying with the provisions of regulation
15 of these regulations>
Provided further that the Authority shall not issue a notice as aforesaid any later than three calendar months after being informed by the licensee or its directors of the change<
(b) any resolution or intended resolution, or any application or intended application to the Court, or any other action for the dissolution and winding up of the licensee, as soon as they become aware of such changes, resolutions or intended resolutions, applications or intended applications or actions>
Provided that this requirement shall be a condition of the licence. (2) It shall be the duty of the licensee and of all the directors
of the licensee to obtain the prior approval in writing of the Authority
before taking any of the following actions>-
(a) the sale or other disposition by the licensee of its business< (b) the merger of the licensee with another company<
(c) the reconstruction, division of a company or the conversion of its status from a company into any other kind of commercial partnership<
(d) the reduction of the nominal or issued share capital of the licensee or the increase or reduction of its voting share capital or any material change in voting rights in such licensee<
B 491
B 492

Notice by the

Authority.

(e) transfer of a controlling interest to any other person, or such part thereof as would cause the transferor to cease to hold or own a controlling interest in the licensee or as would cause the transferee to acquire a controlling interest in the licensee<
(f) the transfer or assignment of the tombola (bingo) hall licence by the tombola (bingo) hall licensee to any other person<
(g) the surrender of the tombola (bingo) hall licence by the tombola (bingo) hall licensee during the licence term<
(h) entering into any arrangements with any person, other than an employee of the licensee, for the operation of commercial tombola games within the tombola (bingo) hall in respect of which the tombola (bingo) hall licence has been granted to such licensee<
(i) using the tombola (bingo) hall to conduct operations other than the operation of commercial tombola games.
(3) Where the licensee or another person takes any of the actions set out in sub-regulation (2), without the prior approval in writing of the Authority, or is in breach of any terms and conditions specified by the Authority in any such approval, the Authority may, without prejudice to its powers under regulations 15 and 16>–
(a) issue a directive declaring such action or transfer to be void and of no effect, which directive shall be effective against all persons involved in such action or transfer notwithstanding the provisions of any other law and, or
(b) issue a directive to such licensee or, as the case may be, to such person to do or refrain from doing any act as the Authority may deem appropriate in the circumstances,
and such licensee or, as the case may be, such person shall comply with any such directive issued to it by the Authority in terms of paragraph (b) of this sub-regulation (5), failing which he shall be guilty of an offence against the Act.
13. (1) Where any person or licensee has sought the approval of the Authority under regulation 12(2) the Authority shall within a reasonable time, which however shall not exceed ninety days, running from the day on which its approval has been sought, inform in writing the person or licensee seeking approval, of its decision>
Provided that where the Authority has objected to the action for which approval is being sought it shall in the same notice state the reasons for such objection>
Provided further that the Authority shall also in the same notice inform the said person or licensee that he may show cause, within such period being not less than twenty days after the issue of the notice as may be specified in the same notice, why such decision should not be taken, and the Authority shall consider any representations made by such person or licensee, before taking a decision which shall be final.
(2) The Authority may, before reaching a final decision, request the person or licensee seeking its approval, to provide the Authority with any information or documents it may reasonably require in order to make a decision.
(3) Where the Authority has given its approval>–
(a) the act or event for which the Authority’s approval has been sought must take place within twelve months, which shall commence to run from the day on which the person or licensee seeking approval has been served with a written notice of same<
(b) the Authority may impose any terms and conditions that it shall deem necessary or expedient.
(4) Where the licensee has sought the approval of the Authority to surrender his licence, the Authority shall not approve same unless it is shown to its satisfaction that the licensee is not in breach of any provisions of the Act, these Regulations, any directive issued by the Authority or the conditions of the licence, at the time when such request for approval has been made.
14. (1) The Authority may order the suspension or cancellation of a licence if >-
(a) any director or manager of the licensee is convicted of an offence against the Act, or of theft, receiving stolen property, fraud or any crime affecting public trust<
(b) the licensee contravenes any provision of the Act or of these regulations, or is in breach of any condition in the licence or any directive issued by the Authority in terms or the Act or of these regulations<
B 493

Suspension andcancellation of licence.

B 494

Notice of suspension, cancellation.

(c) the licensee knowingly or recklessly supplies to the
Authority material information that is false or misleading<
(d) the licensee fails to fulfil his financial commitments when they become due and payable<
(e) the licensee fails to take out and maintain the required bank guarantee as provided in these regulations<
(f) the licensee is being wound up<
(g) any person as is mentioned in Section 12(2) of these regulations fails to seek the prior approval of the Authority as required under section 12(2)<
(h) the Authority is reasonably satisfied that the licensee is not, or has ceased to be, a suitable person to hold the licence, or it reasonably deems it necessary in the national interest to cancel or suspend the licence.
(2) (a) The suspension, revocation, expiration or surrender of the licence shall not affect any liability of the licence holder for anything done or omitted to be done before the date of suspension, cancellation, expiration or surrender.
(b) The liability of the licence holder to pay any fee or tax shall continue during any period when the licence is suspended.
15. (1) Where a ground for cancellation or suspension of a licence arises under regulation 13, 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 twenty-one 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>
Provided that the Authority may in the same notice, require the person on whom the notice is served in terms of this regulation, to tender any information or documents which the Authority may deem necessary in the circumstances.
(2) The Authority shall have regard to any representations made under sub-regulation (1) hereof in such a manner that>-
(a) where the matter is resolved to its satisfaction, it shall take no further action and shall inform the licensee in writing accordingly<
(b) where, although the matter is resolved to its satisfaction, it considers that further action is not warranted, it shall caution the licensee in writing< or
(c) where the matter is not resolved to its satisfaction and it is satisfied that further action is warranted, it may> –
(i) by notice in writing give such direction to the licensee as it considers appropriate< or
(ii) suspend the licence for such period as it thinks fit, or cancel such licence.
(3) Where a direction given by the Authority under sub- regulation (2)(c)(i) hereof is not complied with within the time specified in the notice, the Authority shall cancel the licence.
Part IV Control System
16. (1) An applicant for a licence shall submit in writing to the Authority for the purposes of approval, the specifications of the control system he intends to use during operations.
(2) Such submissions shall include detailed information relating to>-
(a) the rules and regulations regarding the procedures for operating and playing the commercial tombola game<
(b) the winning combinations of the game< (c) the elements of the game<
(d) the proposed procedures for the printing, procurement, distribution, use and sale of tombola scorecards and tombola scoresheets, unless otherwise printed, procured and distributed by the Authority<
(e) the number, type and specifications of gaming devices to be used in operating and playing the game<
B 495

Specifications of control system.

B 496

Certification of compliance of control system

(f) the selling price of tombola scorecards and tombola scoresheets<
(g) the proposed prizes<
(h) the proposed procedures for payment and distribution of prizes<
(i) the proposed procedures for making reimbursements to players<
(j) the proposed procedures for logging the tombola games played<
(k) the proposed measures to ensure the regular operation and playing of the game<
(l) procedures for recording prizes won< (m) computer software<
(n) accounting systems and procedures<
(o) procedures, rules and parameters of the game<
(p) procedures and standards for the maintenance, security, storage and transportation of equipment to be used to conduct the game<
(q) procedures for the setting up and maintenance of security facilities including general compliance and internal controls relating to access to critical systems<
(r) an adequate system of data backup<
(s) a description of the setup and functionality of the application architecture and system architecture<
(t) any other information that the Authority may require> Provided that the provisions of this regulation shall also apply
when a licensee intends to change a control system which had
been approved by the Authority.
17. (1) An applicant for a licence, or a licensee shall in respect of a new or changed control system, and before any such system becomes
operational, provide adequate certification of compliance that may be required by the Authority>
Provided that the certification of compliance must show that the control system has been found within the previous six months to comply with each and all the technical specifications laid down in the Fourth Schedule to these regulations.
(2) The certification submitted to the Authority for approval must include the following information>-
(a) the manufacturer of the system<
(b) the name of the organisation who did the certification of compliance required by the Authority<
(c) all companies and organisations involved in the process and their credentials<
(d) all individuals involved in the process and their professional credentials.
18. In considering whether to grant the approval mentioned under regulation 16 the Authority shall have regard to the following matters>-
(a) whether the proposed control system or the proposed changes to the control system satisfy all the requirements of the Act and these regulations<
(b) whether the proposed control system or the proposed changes to the control system are capable of providing satisfactory and effective control over the operation of tombola games.
19. The Authority shall by written notice inform the applicant or licensee of its decision and where approval in terms of regulation 18 has not been granted, the Authority shall give reasons for its refusal to grant approval>
Provided that in cases where approval is granted the Authority shall have the right to direct the applicant or licensee, by means of a directive, to change or modify the approved control system in any manner whatsoever, within a period of time which shall not be less than thirty days from the date on which the directive is served on the applicant or licensee.
B 497

Approval of control system.

Notice by the

Authority.

B 498

Gaming to be conducted under control system.

Further certification of control system.

Gaming equipment.

Approved certification companies.

Registration of players.

Cap. 400.

20. All tombola games shall be conducted under the control system which has been approved by the Authority.
21. Notwithstanding that the system has been approved for operation, the Authority may at any time direct the licensee to submit, at the licensee’s cost, the system’s software for further certification of compliance, checking or verification.
22. (1) No gaming equipment may be used in the operation of tombola games without the prior approval of the Authority.
(2) The Authority may, by written notice, require that gaming equipment be submitted for certification of compliance by an approved company or organisation.
23. The Authority may at any time after these regulations come into force publish a list of approved certification companies and organisations.
Part V Registration of Players
24. (1) It shall be the duty of the licensee to ensure that persons entering the tombola (bingo) hall are identified and may at any time request such persons to produce their identification card or passport for inspection.
(2) The licensee shall cause the particulars of persons entering the tombola (bingo) hall together with details of identification card of passport produced to be registered in an entry control system kept at the tombola (bingo) hall premises for such purpose>
Provided that in using the entry control system the licensee shall adhere to the provisions of the Data Protection Act.
(3) The licensee shall, in order to discharge the obligations mentioned in sub-regulation (2), have a reception area having at least one desk used solely for the reception and entrance control of persons entering the tombola (bingo) hall.
(4) A person shall not enter a tombola (bingo) hall during the hours of operation of the tombola (bingo) hall, if the person>
(i) is under the age of 18<
(ii) appears to be under the influence of alcohol or a drug or is acting in a disorderly manner<
(iii) has asked for a ban or restriction on his own admission and registered same with the licensee or the licensee has been notified in writing by the Authority that such a ban or restriction is in place>
Provided that, any ban or restriction or admission under paragraph (iii) shall have effect during the period requested by the person concerned, which shall not be less than six months and not more than one year. Any such ban or restriction cannot be cancelled before its expiry.
(5) A person shall not participate in a tombola game if he has a special relationship with the licensee.
25. (1) It shall be lawful for a licensee to require persons entering the tombola (bingo) hall to pay an entrance fee>
Provided that such fee shall be fixed by the licensee with the approval of the Authority>
Provided further that such approved fee is to be clearly displayed at the entrance to the tombola (bingo) hall.
(2) It shall not be lawful for the licensee to require persons in the tombola (bingo) hall to pay a service charge.
26. The player of a tombola game shall comply with all the rules of the game
27. A licensee shall not provide credit to a player or act as agent for a credit provider to facilitate the provision of credit to a player.
Part VI
Protection of Players and Engagement of Employees
28. A licensee shall display at all times, in a prominent place, on the premises of the tombola (bingo) hall a warning of the addiction possibilities of gaming and information assisting compulsive gamblers that shall be provided by the Authority.
29. No person shall be employed by the licensee in the function of a regulated employee before obtaining approval by the Authority.
B 499

Entrance Fees

Players to comply with rules.

Provision of credit prohibited.

Warnings to players

Regulated employees.

B 500

Request for approval

Minimum equipment.

30. A request for approval of a regulated employee shall be made on forms provided by the Authority, which shall contain all the information requested by the Authority.
Part VII Equipment to be used
31. (1) A tombola (bingo) hall shall be equipped with at least the following>
(a) (i) two game ball sets each composed of 90 game balls. Each game ball shall have inscribed on its surface in an indelible form a number from one to ninety, which shall be perfectly visible for the system mentioned in paragraph (f) of this sub-regulation. Each game ball set has to be identified by a unique serial number.
(ii) If the number inscribed on a game ball has deteriorated to such an extent that it can interfere with the proper operation of the game, all game balls shall be changed>
Provided that when one or more game balls need to be changed for any reason whatsoever, all game balls shall be changed>
Provided further that game balls shall be changed at least once every two thousand and five hundred games>
(b) two machines approved by the Authority for the drawing of game balls<
(c) a controlling table from which the tombola head supervisor, chief of table and caller may execute their functions<
(d) an electronic information system which can accurately report all events during the game process<
(e) a public address system with acceptable audio quality< (f) a system, positioned in such a manner so as to be able to
display the drawing of the game balls<
(g) information display devices which are visible from all areas of the tombola (bingo) hall, on which the total number of game balls that have been drawn. Information display devices shall also display the prize due for the winning of the line and of the house of a game.
(2) All information displayed throughout the tombola
(bingo) hall shall be at least in Maltese or in English.
(3) A licensee may also make use of auxiliary devices assisting in the operation of a game provided that such devices have been approved by the Authority. Auxiliary devices shall be connected to the controlling table and may be used as a substitution for physical tickets during the playing of a game>
B 501
bought.
Provided that in every case physical scorecards have been
Part VIII
Scoresheets, Scorecards and Proceedings of the Game
32. No scoresheet or scorecard shall be used or allowed to be used by the licensee unless such scoresheet or scorecard is authorised or supplied by the Authority.
33. (1) The Authority shall procure and, or supply and, or distribute to the licensee the tombola scoresheets.
(2) The combinations of numbers to be printed on scorecards in each series of scorecards shall be in accordance with the algorithm specified in Schedule 4 to these regulations.
(3) Each scorecard shall have a unique scorecard number and each series shall have a unique series number. No duplicate scorecards or scoresheets shall be issued.
34. (1) Besides the combination of numbers, every tombola scorecard shall have clearly printed on it>
(a) the scorecard number and the series number, (b) the maximum number of scorecards in series<
(c) the scorecard price, inclusive of any applicable tax under these regulations<
(d) the minimum percentage of the prizes in relation to the price of the scorecard.
(2) All information on scorecards shall be printed in Maltese or in English.

Authorised scoresheets and scorecards.

Authority to provide scoresheets.

Scorecards.

B 502

Price of scorecards.

Validity of scorecard.

Collection of scoresheets.

35. (1) The price, inclusive of any applicable tax, of a scorecard for a commercial tombola game shall be as follows>
(a) fifteen Maltese cents< or
(b) twenty five Maltese cents< or
(c) fifty Maltese cents< or
(d) seventy five Maltese cents< or
(e) one Maltese lira< or
(f) two Maltese liri.
(2) The price of one scoresheet shall be the aggregate price of six scorecards.
(3) Each scoresheet shall always contain scorecards of the same price.
36. (1) Each scorecard shall only be valid if it is sold by a licensee prior to the commencement of a tombola game.
(2) Each scorecard sold shall only be valid for a single tombola game. By purchasing a scorecard a player acquires the right to participate in the next tombola game to be played.
(3) In case a player, after purchasing a scorecard, decides not to participate in the game or if after commencing to play the game, decides not to continue, no refund of the scorecard’s price shall be given, but the player shall be allowed to transfer his scorecard or scorecards to a third party.
(4) A licensee shall not sell or provide any scorecard or scoresheet at a price other than the price printed on such scorecard or scoresheet.
(5) For any prize money to be paid out, the scorecard or the scoresheet, as the case may be, must be validated by the tombola head supervisor or his assistant as the case may be< and the relative receipt issued.
37. (1) Unless otherwise authorised by the Authority, a licensee shall collect, the number of scorecards and scoresheets, as may be required by the licensee and in different price denominations, where
applicable, from the Authority against payment and a declaration as provided hereunder.
(2) Every licensee, upon collection of scorecards, shall pay to the Authority the amount equal to the total gaming tax on all scorecards that such licensee collects, and the Authority shall issue a receipt in this respect.
(3) Upon collection of scorecards, every licensee shall sign a declaration indicating the total number of scorecards of each denomination collected, the total number of series collected, and the series numbers.
38. (1) For every commercial tombola game not less than sixty per centum (60%) of the gross amount collected in sales of scorecards and scoresheets participating in the said game shall be distributed in prizes in respect of such game.
(2) A bingo hall licensee shall be allowed to have the following prize events>
(a) line<
(b) house or bingo, (c) progressive prize.
(3) Subject to the provision of sub-regulation (1) of this regulation, a bingo hall licensee shall be allowed to allocate prize money among the applicable prize events as he deems fit.
39. (1) The sale of scorecards for each game shall commence with the first scorecard number of a new series or with the next scorecard number available after the last sale of the previous game, provided that a new series shall only be started if the next tombola game require scorecards of a different price or in the case contemplated under sub- regulation (2) of this regulation.
(2) In case the number of scorecards in the series is insufficient to meet the demands of the players for a particular game, the sale of another series for the same game may commence, provided that the scorecards within such second series have the same price as those of the first series.
B 503

Prize payout.

Sale of scorecards

B 504

Commencement of game.

Irregularities.

(3) The players shall be instructed to mark numbers on scorecards by means of a marker in such a way that allows the numbers marked to be unequivocally identified.
(4) In case a defective scorecard is found, such scorecard shall be recalled by the chief of table who shall inform the players of this occurrence and shall record such occurrence in the book of records for that game and report such occurrence to the Authority, stating also the number of cards that have been recalled. All original defective cards shall be returned to the Authority.
(5) After every tombola game has been concluded by the winning of the house (bingo) prize, the tombola head supervisor shall cause to be collected all the winning scorecards.
40. (1) Every tombola game shall commence with the announcement by the caller of the total number of scorecards sold for the game and the amount being allocated as prize money.
(2) No new player shall be allowed to participate in the game once the game has commenced.
(3) Every tombola game shall end when at least one winning scorecard is announced as having won the house.
41. (1) If during the game, there appears to be an irregularity, whether with regard to scorecards or the bingo equipment, the game shall be suspended.
(2) If within a period of fifteen minutes the problem is rectified, the game shall be resumed.
(3) If, in case of a suspended and thereafter resumed game, a number or numbers have already been drawn prior to resuming the game, and the scorecards have been marked, the game may continue with manual drawing of numbers, provided that it is possible to guarantee the authenticity of drawing of numbers and drawing of only those numbers which have not yet been drawn.
(4) If within the period mentioned in sub-regulation (2) of this regulation the said problem has not been rectified, the game shall be terminated and the players shall be refunded the cost of their scorecards.
(5) Any problem encountered shall be adequately recorded in a register kept by the licensee for this purpose and reported to the Authority.
42. A tombola game shall not commence unless the tombola head supervisor, the chief of table, the chief cashier and where the caller system is not automated, the caller, are present in the tombola (bingo) hall.
Part VII
Keeping of Records and Accounts
43. The Authority may by written notice to a licensee>-
(a) approve a place indicated by the licence holder, other than the licensee’s registered office, as a place for keeping the licensee’s records and account<
(b) specify any records of the licensee that are not required to be kept at the approved place<
(c) specify records of the licensee that may be kept temporarily at a place other than the approved place, and the period for which, or the circumstances in which, the record may be kept at such other place<
(d) approve the keeping of information contained in a record in a manner different from the manner in which the information is to be kept under the licensee’s approved control system.
44. The licensee shall keep, in respect of the transactions and affairs relating to its operations, proper accounts and records which show a true and fair view of the financial position and state of affairs of the licensee.
45. (1) The licensee shall, within sixty days from the end of its financial year, file with the Authority an audited set of financial statements prepared in accordance with international financial reporting standards.
(2) The licensee shall, within thirty days from the end of the half yearly period, lodge with the Authority interim financial statements prepared in accordance with international financial reporting standards showing the licence holder’s results.
B 505

Presence of employees.

Manner in which records are to be kept.

Accounts to show true and fair view of financial position.

Filing of financial statement.

B 506

Authority may conduct investigation.

Power of inspectors.

(3) The Authority may require additional financial information in a format to be specified by the said Authority.
46. The Authority may, at its sole discretion, conduct an investigation of a licensee and, or of a key official if it is brought to its attention or it has reason to believe that the licensee and, or key official are not conforming to the Act or of these regulations.
Part VIII Enforcement
47. (1) Without prejudice to anything contained in articles 18,
19 and 20 of the Act, an inspector shall for the purpose of ascertaining that these regulations and that all the conditions of a licence issued by the Authority under these regulations are being complied with, and that the full amount of fees, tax or any other sums payable under the Act or under these regulations are being paid, also have the following powers>-
(a) to inspect, test and examine any equipment or software being used in the operation of the tombola (bingo) hall<
(b) to remove any equipment or software to another place or premises approved and designated by the Authority, for the purpose of an inspection or examination<
(c) to inspect any premises whether approved or not where equipment, software, documents or records are kept<
(d) to request information or the production for inspection of any document or any other thing for the purposes of an inspection<
(e) to remove any document or any other thing produced as a result of a request under the preceding paragraph or discovered during an inspection for the purpose of examining the document or other thing or making copies or taking extracts.
(2) An inspector removing equipment, software, document or other thing from approved premises or other place under sub- regulation (1) shall first provide a receipt for it to the person who owns or is in charge of the premises or place and, subject to sub-regulation (3), shall promptly return the equipment, software, document or other thing to the premises or other place after completion of the inspection, examination, testing, making of copies or taking of extracts, as the case may be.
(3) An inspector may, for the purposes of evidence, detain any equipment, software, document or other thing that the inspector discovers while acting under this regulation and believes, on reasonable and probable grounds, may afford evidence of a violation of or a non- compliance with anything contained in these regulations>
Provided that copies of or extracts from documents or other things removed from a licensed premises or other place under this regulation and certified by an official of the Authority making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same probatory value as, the documents or things of which they are copies or from which they are extracts.
48. (1) The person who owns or is in charge of any place or premises entered by an inspector under regulation 33 and any employee or agent of such person shall give all reasonable assistance to the inspector to enable the inspector to exercise the powers given under articles 18 and 19 of the Act and regulation 33 and shall furnish the inspector with such equipment, software, records, documents, information or other thing as the inspector may reasonably request.
(2) No person shall hinder, obstruct or otherwise interfere with, or knowingly make a false or misleading statement, either orally or in writing, or provide or produce a false document or other thing to, an inspector who is carrying out his or her duties and functions under this regulation>
Provided that any act of commission or omission or any other behaviour in contravention of this regulation shall constitute an offence against the Act.
Part IX Financial Provisions
49. A licensee shall pay to the Authority on behalf of the Government the rate of tax laid down in the Fourth Schedule of these Regulations based on the value of the scoresheet.
Part X Offences and Penalties
50. Any contravention of these regulations shall be considered an offence against the Act and any person so guilty of an offence shall,
B 507

Conduct during inspections.

Gaming Tax.

Contraventions, fines and penalties.

B 508

Administrative fine.

Limits of advertising.

on conviction be liable to a fine (multa) of not less than three thousand liri and not more than one hundred thousand liri or to imprisonment for a term of not more than two years, or to both such fine and imprisonment>
Provided that where the person convicted of such an offence is a recidivist, he shall be liable to a fine (multa) of not less than five thousand liri and not more than one hundred and fifty thousand liri, or to imprisonment for a term of not less than six months and of not more than three years, or to both such fine and imprisonment>
Provided further that where the person so found guilty is the director, manager, secretary or other similar officer of a company or other undertaking, the said person shall, for the purpose of this regulation, be deemed to be vested with the legal representation of the same company or other undertaking, which shall accordingly be liable in solidum with the person found guilty for the payment of the said fine.
51. (1) Without prejudice to anything contained in articles 67,
68, 69, 70, 71, 72, 73 and 74 of the Act, the Authority may, with the concurrence of a licensee who contravenes a condition of his licence, or any directive issued by the Authority under these regulations, impose an administrative fine or sanction upon such licensee>
Provided that such an administrative fine or sanction may be imposed as an alternative to proceedings in court and it shall not exceed one hundred thousand liri.
Part XI Advertising
52. No licensee shall in any way engage in advertising or permit anyone involved in the licensee’s operations, to engage in advertising that contravenes the code of conduct on advertising, promotions and inducements, issued by the Authority and such abidance shall be deemed to be a licence condition.
FIRST SCHEDULE
B 509
Regulation 3

Licences

1. Applicants may apply for either of the following licences>–
(a) Class 1 Tombola (Bingo) Hall Licence shall be a licence for a tombola (bingo) hall with a seating capacity of not less than one hundred and fifty, for a period of one year>
(b) Class 2 Tombola (Bingo) Hall Seasonal Licence shall be a licence for a tombola (bingo) hall with a seating capacity of not less than one hundred and fifty, for a period of six months.
SECOND SCHEDULE Regulation 6

Licence Fees

1. Without prejudice to anything contained in regulation 6 the following licence fees, to be paid once only together with the submission of an application for the issuing of a Licence, shall be charged by the Authority>-
(a) All Classes of Tombola (Bingo) Hall – five hundred Maltese liri.
2. Upon receipt of notice that the class of licences applied for will be granted, a licence fee for each licence shall be charged by the Authority as follows>-
(a) Class 1 Tombola (Bingo) Hall Licence – twelve thousand Maltese liri per annum<
(b) Class 2 Tombola (Bingo) Hall Licence – seven thousand Maltese liri for every six calendar months.
B 510
THIRD SCHEDULE
Regulation 11

Bank Guarantee

1. A licensee shall take out a bank guarantee in the following amounts –
All Classes of Tombola (Bingo) Hall License> three thousand Maltese liri
2. A bank guarantee taken out in terms of item 1 of this Schedule shall become payable to the Authority on its first demand, and it shall not be in any way incumbent upon the relative bank, credit or financial institution which issued the bank guarantee to verify whether such demand is justified.
3. The bank guarantee shall remain valid until the expiry of one year from the expiry of the licence or until such time as the Authority determines and notifies the licensee in writing that such bank guarantee is no longer required, whichever is the earlier.
Regulation 33(2)
FOURTH SCHEDULE

Specifications for algorithm

B 511

B 512

B 513

B 514

B 515

B 516

B 517

B 518