Malta Gaming Authority Licenses
There are two licenses one can obtain from the Malta Gaming Authority (MGA) being:
- B2C – Gaming service licence is a business-to-consumer licence to offer or carry out a gaming service.
- B2B – A critical gaming supply licence is a business-to-business licence to provide or carry out a critical gaming supply.
The following services shall each constitute a gaming service:
a. offering, provision or operation of a gaming service;
b. hosting by a person in his premises accessible to the public, the operation or making available for use a gaming device or gaming system
The following services shall each constitute a critical gaming supply:
a. supply and management of material elements of a game;
b. supply and management of software, to generate, capture, control or process essential regulatory record and/or supply and management of the control system itself on which the software resides.
Applicants applying for a gaming service or a critical gaming supply can offer one or more of the following game types:
Type 1 – Games of chance played against the house, the outcome of which is determined by a random generator, and shall include casino type games, including roulette, blackjack, baccarat, poker played against the house, lotteries, secondary lotteries and virtual sports games; and/or
Type 2 – Games of chance played against the house, the outcome of which is not generated randomly, but is determined by the result of an event or competition extraneous to a game of chance, and whereby the operator manages his or her own risk by managing the odds offered to the player; and/or
Type 3 – Games of chance not played against the house and wherein the operator is not exposed to gaming risk, but generates revenue by taking a commission or other charge based on the stakes or the prize, and shall include player versus player games such as poker, bingo, betting exchange, and other commission based games; and/or
Type 4 – Controlled skill games as per regulation 8 of the Gaming Authorisations Regulations.
Provided further that in the case of a game displaying elements which may fall under more than one of the types referred to above, the Authority shall have full discretion in categorising the game in the type it believes closest reflects the nature of the game.
A separate approval is required for each gaming vertical that requires safeguards in order to ensure that it is offered in a manner which adheres to the Law and the regulatory objectives:
- Live casino;
- Lotteries and secondary lotteries;
- Fixed odds betting;
- Pool betting, including betting exchange;
- Poker and other commission-based, peer-to-peer games such as bingo, but excluding betting exchange;
- Lottery messenger services; and;
- Controlled skill games.
Our team of professionals can handle both license applications with the MGA.
U.K. Gambling Commission Licenses
The UK licensing regime allows a gambling software licence (which might also require an operational licence) and an operational licence. The remote operating licences for each type of gambling activity include:
- Casino Games
- Gaming Machines
- Gambling Software
Provided an operator has the appropriate corporate structure, the same shall not be required to apply for multiple licences for the different operations that it offers.
Following implementation of the Gambling (Licensing and Advertising) Act 2014 operators providing facilities for gambling to British customers who currently do so in reliance on their EEA or White List jurisdiction licences or other permissions will be subject to the Gambling Act’s licensing regime for the first time. Under transitional provisions, such operators who make “advance applications” for appropriate Gambling Commission licences will be granted a “continuation licence.
Personal licences are required by those performing a specified management or operational function, as well as by shareholders having 10% or more interest in the applicant company for a licence.
The gaming tax regime in the UK is based on a “point of consumption” approach. This means that the person making the bet does so while present at a place in the UK where betting facilities are provided in the course of a business and the bet is made using those facilities. Also, the person who makes the bet as principal is a UK person, and the bet is not an excluded bet. A UK person is defined as “an individual who usually lives in the United Kingdom, or a body corporate which is legally constituted in the United Kingdom”.
The gaming tax in the UK equals to 15% of the gross gaming revenue which is the difference between the sum of the bets received for the participation in the game, less the winnings that have been paid out to the players. Also, remote betting is taxed at 15% of gross profits, which is, bets minus wins.