The New Gibraltar Gambling Act: What to expect during the transition period?

With the Bill to repeal the Gambling Act 2005 and establish the new Gibraltar Gambling Act (the “New Act”) now published, a number of regulatory changes are set to be implemented shortly. In this segment, we outline the transition period and the obligations of existing licensees during this time. 

It is anticipated that the New Act will come into force on 1st October 2025. 

Obligations on Existing Licensees

If a person holds a Gibraltar gambling licence under the Gambling Act 2005 (the “Repealed Enactment”), they will be treated as if their existing licence is a licence to carry on the regulated activity in accordance with the New Act until such time as the licensing authority ("Authority") issued a new licence. Consequently, existing licensees will not be required to submit a licence application under the New Act. 

If, immediately prior to the New Act coming into operation, existing licence holders employed individuals who were performing a regulated function (such as a Chief Executive Officer or a Head of Regulatory Compliance) with the approval of the Commissioner, such individuals will be treated as having been approved by the Commissioner as a Regulated Individual for the purpose of the New Act.

However, if licence holders fail to employ approved individuals to carry out their regulated functions before the New Act came into operation, they will be given a maximum of 12 months to submit an application for approval to the Commissioner. 

‘Unlicensed’ Businesses, New Applicants and Transitional Licences 

As a result of the widening licensing scope and triggers, there will be many entities which will become licensable under the New Act for the first time without any change to their business. Entities which will require a licence under the New Act but which did not require a licence under the previous legislation shall be treated, for a limited transitional period, as if they are a licence holder under the New Act, albeit with a transitional licence. 

Under the current draft Bill, a transitional licence will be valid only for a period of six months. If the transitional licence holder submits an application for a licence to the Authority within this period, the validity of the transitional licence shall be extended until such time as the application is considered and either a full licence given or the application rejected. 

Pending Licence Applications 

If a licence application was made under the provisions of the old Act, the application will be deemed by the Authority to have been made in accordance with the New Act and will be reviewed accordingly. 

Further Information

If you would like to discuss how the New Act affects you,  feel free to contact our team:

Andrew Montegriffo, Partner

Louise Federico, Partner

Anna Buhler, Associate