The Gambling Appeals Tribunal: Introduction under the New Gibraltar Gambling Act

With the Bill to repeal the Gambling Act 2005 and establish the new Gibraltar Gambling Act 2025 (the “New Act”) now published, a number of regulatory changes are set to be implemented shortly. In this segment, we outline the establishment of the Gambling Appeals Tribunal. 

The Gambling Appeals Tribunal 

The function of the Gambling Appeals Tribunal ( “Tribunal”) is to hear and determine appeals from any decisions made by either the licensing authority ("Authority") or the Commissioner, provided that a right to appeal is bestowed by the New Act. 

The Tribunal will be comprised of no more than six individuals appointed by the Minister with responsibility for gaming, three of which must be lawyers with no less than ten years of professional standing as a barrister or solicitor of the Supreme Court of Gibraltar. A minimum of three members will sit on the panel and a decision of the Tribunal may be made by a majority vote and a casting vote of the chairperson. 

The Right to Appeal

It is important to note that the right of appeal does not extend to all decisions made by the Authority or Commissioner. In particular, there is no right of appeal against the refusal by the licensing authority to give a licence nor the imposition of any terms or conditions on a licence. 

The Appeals Procedure

Appeals can be made by persons who are aggrieved by a decision of the Authority or Commission. There is a legislative time limit of 28 day from the date on which the decision notice is served in which an appeal can be made (although this time limit may be extended in exceptional circumstances). 

The Tribunal is empowered to:

1. dismiss the appeal;
2. allow the appeal and quash the decision in question; or
3. remit the matter to the Authority or the Commissioner for further consideration.

The New Act provides for a further right of appeal from any decision made by the Tribunal to the Supreme Court of Gibraltar, although this is restricted to points of law only.

Further Information

If you would like to discuss any regulatory decisions which you believe are impacted by the New Act, feel free to contact our team:

Andrew Montegriffo, Partner

Louise Federico, Partner

Anna Buhler, Associate