DENMARK Law and Practice Contributed by: Nina Henningsen, Mazanti-Andersen
5. Land-Based Gambling 5.1 Premises Licensing
paid, a corresponding amount will either be charged or refunded to the licensee. 4.10 Personal Licensing If an individual wishes to obtain a licence, there are several requirements that must be fulfilled. See 4.6 Application Requirements for further information on these. In addition to the requirements described, an assess- ment is made by the DGA based on multiple financial and technical documents. Individuals such as ultimate beneficial owners, mem- bers of the management, and members of the board of directors of the applicant’s company and others are required to submit personal information. This informa- tion includes the person’s criminal records, a list of places of employment and a declaration of debt. If the application is well prepared and there are no questions from the DGA, the expected timescale is three to four months, according to the DGA. However, a longer timescale is more realistic. In addition to this, other requirements are set forth regarding managers of certain shops. A manager of a betting shop or kiosk where gaming machines are available and/or where lotteries are being sold, must be approved by the DGA prior to the start of employ- ment. A manager must also fulfil the requirements as described in 4.6 Application Requirements . Authorisation of a manager can be revoked by the DGA if they no longer fulfil the requirements, or if they are convicted of a criminal offence. Beyond this, licences and authorisation for employees who do not hold a managerial position in a betting shop, kiosk or casino are not required. Regarding application fees and annual fees, see 4.8 Application Fees and 4.9 Ongoing Annual Fees . For information on possible sanctions, see 11. Enforcement .
It is possible to apply for a licence to set up gambling machines on premises ( restaurationer ) with an alcohol licence or in gambling arcades. In principle, however, it is only possible to give permis- sion to set up a maximum of three gambling machines on premises with an alcohol licence. In gambling arcades, there may be no other games or business activity other than gambling machines. It is only permitted to sell sweets, snacks and drinks on a limited scale, and it is prohibited to sell hard liquor (with alcohol content of 2.8% volume or more). Note that specific requirements apply to gambling arcades. Before betting in physical shops, players must identify themselves with a “Player ID” ( Spilkort ). To receive a Player ID, the player must register for a gambling account with the gambling operator and connect the Player ID to the gambling account. As a result, it is not possible to bet anonymously in physical shops. Online gambling operators contracting with players directly, either through their own website or through a white-label site, must hold an online gambling licence to provide gambling in Denmark. In general, a white- label site is defined as a site that markets games that are provided under a different party’s licence to pro- vide gambling, making it appear as if the white-label site operates the game. This will allow the producer/ product owner to sell its gambling product several times, in a way that makes it look like a unique brand every time. The producer/product owner must be a licence holder. There are specific regulations on the use of white-label sites. 6. Online Gambling 6.1 B2C Licences Following the new regulations regarding B2B licences, a B2C operator with a Danish online gambling licence may only offer games from a licensed B2B game sup- plier. For more information, see 6.2 B2B Licences (Suppliers, Software, Etc) .
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