MALTA Law and Practice Contributed by: Andrew J. Zammit and Krista Hili, GVZH Advocates
in July 2018, are applicable in this regard. The Gaming Premises Directive, which was published by the MGA and came into force on 1 February 2019, delineates further requirements to which gaming premises must adhere. The MGA has carried out several amendments to the 2019 Gaming Premises Directive to guarantee the proper functioning of the regulatory mechanisms applicable to gaming premises and controlled gaming premises. The amendments relate to different aspects of the Directive, including the provisions pertaining to the conversion of regular players into junket play- ers, the identification of employees, the count proce- dure and the “no objection procedure” relating to the approval of controlled gaming premises. Gaming premises operators are obliged to register all players upon entry into the gaming premises. These activities must be licensed and approved by the MGA and are not subject to any prescribed limitation in their number, although their physical location is subject to several rules. Any person renting out or allowing another person to use the premises as a gambling premises must ensure that the lessee is in posses- sion of a valid approval or licence. Gaming premises operators are expected to make the possibility of self- exclusion readily available to every person and must provide assistance and guidance to any person who wishes to exclude themselves. More stringent regula- tions apply in relation to the self-exclusion of patho- logical gamblers. Casino licences are issued by the MGA but the issuance is dependent on the applicant holding a concession from the government for such operation. There is no limit on the total number of gaming prem- ises for the Maltese islands. However, gaming prem- ises are subject to several criteria obliging them to be located at a pre-set minimum distance from schools, places of worship and other gambling premises. There are also restrictions regulating the number of gaming devices within the licensed gaming premises to one gaming device per two square metres, and a maxi- mum of ten gaming devices in any gaming premises. In terms of lottery ticket and sale venues, a valid per- mit is required to sell tickets for the national lottery. An application for this permit is to be made to the MGA by the proposed seller. There are currently approxi-
mately 240 “Maltco Lottery” points of sale across the Maltese islands.
6. Online Gambling 6.1 B2C Licences See 4.3 Types of Licences . 6.2 B2B Licences (Suppliers, Software, Etc) See 4.3 Types of Licences . 6.3 Affiliates There are currently no measures in place to regulate the use of affiliates. In accordance with Directive 3 of 2018 (the Gaming Authorisations and Compliance Directive), outsourcing service providers such as affili- ates shall be deemed to be acting for, and on behalf of, the licensee. In such cases, the licensee is respon- sible for the affiliate’s actions insofar as the activities concerned are covered by the licence issued by the MGA. Notably, the Authority holds that when the service of the outsourcing service provider is constrained only to marketing and advertising activities, the regulatory framework that shall be adhered to is that of adver - tising. In light of this, the liability lies with the licen- see to comply with such laws. However, when the outsourcing service provider conducts other activi- ties that are related to the gaming service, this may differ. In fact, where the outsourcing service provider processes payments and handles player registration, the service provider shall itself be deemed to require a B2C licence, unless such services are only being com- pleted on behalf of the licensee; in that case, they shall be considered to be under the authorisation of the licensee. In the latter case, the service provider would require approval of the service as a material supply. 6.4 White Labels There are currently no measures regulating require- ments that apply to the use of white-label providers. Similar to affiliates, white-label providers are deemed to be intermediaries. In accordance with Directive 3 of 2018, outsourcing service providers such as white- label providers are deemed to be acting for, and on behalf of, the licensee. In such cases, the licensee is
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