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club lotto draw

  • 05-02-2015 10:52pm
    #1
    Registered Users, Registered Users 2 Posts: 304 ✭✭


    A golf club runs a public lottery draw and the fund can't exceed €15, 000 so when it reaches the €15, 000 they start a second draw so they hold two draws you buy one ticket for both draws, after 5-6 months nothing has been won so they decided to have a S.G.M (special general meeting) and ask the members to vote that they use the €15, 000 to wright off debt in the club they vote yes they use the money to wright off some of the debt.

    Is this legal????


Comments

  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Doubt it.

    First question is whether you can get around the €15, 000 limit by dividing your prize fund in two (or more) parts. It's still one lottery, since people only buy one ticket. Maybe this works, maybe it doesn't; I don't know. You'd need to find the source of the €15, 000 restriction and look at the exact terms of that rule.

    Bigger question, though, is whether after six months you can change the rules and spend the prize fund. I would think not; everyone who bought a lottery ticket has a contract with the organiser, and it's likely to be a term of the contract that the draw will go ahead and the prizes will be allotted and paid over. It would be surprising if the contract had an express or implied term which said "if we change our minds about this, though, we don't have to award any prizes at all". What the ticketholder has bought is a right to participate in a draw for the receipt of the prize money. You have to conduct the draw and pay over the prize money in accordance with the rules of the lottery.


  • Registered Users, Registered Users 2 Posts: 46 Happdog


    If the lottery is open the public and not solely to the members of the golf club a permit should have been sought. If their permit only allows them to have a limit of €15,000 then they should apply for a new permit and have two distinct draws. The prize money is coming out of ticket sales and if they conflate the sales they are effectively having a lottery for €30,000. I cannot see this being in line with the first permit.

    In regards using the money to pay off debts as well as a contractual issue with the purchasers there is also Section 27 of the Gaming and Lotteries Act, 1956 in particular 27(2) which may be of relevance:

    27.—(1) A Superintendent of the Garda Síochána, on the application of any person residing in his district, may issue a permit for the promotion of a lottery in accordance with this section.

    (2) The lottery shall comply with the following conditions:—

    (a) the permit-holder shall derive no personal profit from the lottery;

    (b) the total value of the prizes shall be not more than three hundred pounds;

    (c) the value of each prize shall be stated on every ticket or coupon.

    The fact that the members voted on what to do with someone else’s money is of no import and anyone outside of the club who bought a ticket should be consulted and offered a refund.


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    The 2 clubs local to me run lotto's. They start at €1000 and add €250 per week if its not won. When it reaches €10,000 the money rolls over to the next jackpot. So say a month after it reaches €10,000 its won then the next draw starts at €2000 not €1000. I thought this was the way it was always done but obviously not.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    As I understand the Lotteries Act (not very well), a certain minimum percentage must go on prizes. It would appear this isn't happening.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    imho golf clubs are full of hob lawyers.

    They will argue ad nauseum the "laws of Golf" on the slightest incident on the golf course.

    Some of their committee meetings make the bridge clubs appear to be models of eirenic good fellowship

    Some have the feeling that normal rules should not apply to them because "this is golf"

    What is being proposed here is imho sailing close to wind. Even if the local Super is on the committee, be careful


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