THE LEGALITY of gambling casinos operating as private members’ clubs is likely to be tested in the courts shortly after gardaí raided and closed a casino in Clonmel, Co Tipperary, at the weekend.
The enforced closure of the Atlantis Casino Club, believed to be the first time such a club was forcibly shut down, will have major implications for other casino operators, who yesterday called on Minister for Justice Dermot Ahern to introduce legislation to regulate the sector.
At least seven gardaí took part in the raid on the Clonmel club at around 2.30am on Saturday, a number of those present say. The roulette wheel, safe and individual gamblers’ chips were seized.
The action was taken under Section 39 of the 1956 Gaming and Lotteries Act, which empowers the gardaí to search a premises it believes is committing an offence on foot of a search warrant issued by the District Court.
The Act also empowers a Garda inspector to seize equipment, take names and addresses and inspect the books.
Those present were told they were not doing anything illegal but would have to give their names and addresses, as the gardaí believed the club was operating illegally.
The owner of the club, Paul Lucey, who runs a second club in Carlow, declined to comment yesterday. Twenty staff were employed in the Atlantis club, one of two clubs operating in Clonmel.
Casinos are illegal under the Act, but in recent years up to 50 clubs operating roulette, cards and other gaming activities have sprung up around the State.
The Gaming and Leisure Association, which represents 12 of these clubs, claims they are not subject to the Act because they function as private members’ clubs.
On this basis, the association claimed the gardaí in Clonmel acted “without any legal justification” and the club was closed on “spurious” grounds.
However, senior gardaí have grown increasingly concerned at the prolification of clubs in such an unregulated manner. Most clubs stay open all night and some offer free alcohol to members.
In 2006, former minister for justice Michael McDowell expressed concern about the danger of casinos being used for money laundering, and threatened to close the clubs.
However, neither he nor the last minister, Brian Lenihan, took any action against the clubs or moved to update the legislation.
The report of an advisory group, which is believed to recommend the legalisation of medium-sized casinos subject to strict regulation, has remained unpublished for over a year.
The association, which says private clubs employ 1,000 staff, called on Mr Ahern to allow the Atlantis club to reopen and said it would be seeking a meeting with the Minister and the Garda Commissioner.
“The closure of the Atlantis is just another example of the lack of leadership and responsibility being shown by the Government with regard to the regulation of the casino sector,” said chairman, David Hall.
Mr Hall said no one in the sector knew what would happen next but it would remain “business as usual” in the other clubs.
