Ireland's incoming gambling advertising watershed likely to come into effect in 2026 according to leading legal firm

A leading Irish legal firm believes the gambling advertising watershed that threatens to end Racing TV's coverage in Ireland will likely come into effect in 2026.

Ireland's Gambling Regulation Bill completed the legislative process in both houses of the Oireachtas on Wednesday evening and is poised to be signed into law by president Michael D Higgins imminently.

It includes a daytime gambling advertising watershed between 5.30am and 9pm which Racing TV has repeatedly asserted would render its Irish coverage "economically unviable". 

Legal firm A&L Goodbody suggests it will likely take until 2026 for a replacement licensing system, created by the Gambling Regulatory Authority of Ireland (GRAI), to be introduced, while it also warned inducements offered by bookmakers, including potentially enhanced each-way terms, will contravene the impending legislation unless they are "offered to the general public".

Under the incoming legislation bookmakers will need to be licensed under a new system, but the Irish government has introduced an amendment to cut short the duration of the current regime, meaning shop licences are set to expire in November 2025 and remote licences in June 2026.

Joe Kelly, a partner in A&L Goodbody and part of its betting, gaming and licensing group, said: "It will likely take until 2026 for the GRAI to establish a licensing system and recruit enough people to staff that system. Developing a licensing process and issuing guidance notes in support of that process will take a significant amount of time. 

"The legislation provides for a significant increase in the types of licences available compared to the current regime. In addition, whereas the current licensing system is administered by the revenue commissioners, the new licensing system will be managed by the GRAI."

The bill's enactment could spell the end of Racing TV's coverage in Irealnd

Kelly notes that bookmakers' sponsorship at racecourses is not likely to be affected by the advertising watershed due to it being categorised as "incidental advertising", although this will be ultimately decided by the GRAI.

"It is assumed that much will depend on the guidance notes to be issued by the GRAI," Kelly said. "Assuming bookmakers haven’t paid to come on television, then it may be the case that bookmakers will be able to discuss market movers, odds, etc. during watershed hours. 

"Incidental advertising such as hoardings or sponsorship at tracks aren’t anticipated to be affected, although guidance is awaited in this respect. Minister [James] Browne is on record previously as stating in the Seanad that 'anything that can be seen at a horserace today can still be seen after the legislation passes'.

"Given the GRAI’s powers, one would anticipate that the regulator will provide guidance in relation to such TV appearances of bookmakers and hoardings or sponsorship, with a view to curtailing any potential exploitation."

Another area which has been subject to much speculation is the prohibition on inducements.

Kelly added: "It’s important to note that inducements, which would include enhanced each-way offerings, free bets, etc. are not prohibited generally under the legislation so long as they don’t apply to just a person or specific group of persons. Inducements will be allowed but only if offered to the general public.

"Inducements could be affected in the sense that they become less attractive for bookmakers to offer. It’s worth noting that there were proposed opposition amendments to further restrict inducements, including some which would have amounted to an outright ban. However, Browne remarked in the Seanad that the government is allowing companies to continue to provide general offers of inducements to the public because that is a natural part of competition."

Read more on the Gambling Regulation Bill here

Gambling ads face daytime ban as controversial bill completes legislative process in Ireland 

Ireland's controversial Gambling Regulation Bill moves step closer with new amendments to curb bookmaker promotions 

Contentious ban on gambling advertisement in Ireland set to be enacted imminently after bill passes key stage   

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