Italy: Budget bill for 2016 leaves uncertainties on the new offline betting and bingo tenders

The Budget bill for 2016 presently under discussion before the Italian Parliament for its vote by the end of this year, includes provisions on gambling and among these provides for two new offline gambling calls for tenders :
a) a new tender for 10,000 land-based shops and for 5,000 corners  (where only a corner of the shop is dedicated to betting activities) to be held before the 31 July 2016;
b) a new tender for 250 bingo licences to be held within 2016.
However, the Budget bill leaves uncertainties around the potential profits of any Italian or foreign operator interested in participating to these tenders as it does not intervene to remedy the current infighting between State and territorial governments (regions and municipalities) on gambling halls locations.
Indeed, recent regional regulations restricted opening hours and location requirements of gambling halls – including betting points of sales and bingo halls – to maintain distance from sensitive locations such as schools, churches, etc. notwithstanding the law principle according to which gambling regulation is reserved to the State.
Licence holders challenged many regional regulations before the Regional Administrative Courts in order to uphold their license granted by the State. However, these courts ruled differently, sometimes confirming the legislative power of the regions because these issues are relating to public health and sometimes voiding the regional regulation.
While it is clear that these issues do not match with the Government Budget missions’ provisions that are the primary scope of the Budget Law, certain indications to attenuate this conflict should be included for sake of clarity of the tenders’ regulatory framework such as subordinating these tenders to an upcoming gambling reorganisation law.
On the contrary, such omission may discourage any potential interest and participation to both offline betting and bingo tenders, depriving the provisions of effects; consequently the Government Budget missions may not be met.
 

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