Poland
Answer ... Pursuant to the Gambling Act, a permit or licence for a specific type of activity must be obtained.
Cylindrical games, card games, dice games and slot machines may be played after obtaining a casino operating licence.
Cash bingo gaming activities may be played after obtaining a licence to operate a cash bingo outlet.
Betting activities may be carried out, under the terms of a licence, only at betting kiosks or online after obtaining a betting licence.
Audiotext lotteries may be organised on the basis of a permit.
An application for a gambling permit or licence, as described above, may only be filed by joint stock companies or limited liability companies with their registered office in the territory of:
- Poland; or
- another EU or European Free Trade Association (EFTA) member state, or a party to the Agreement on the European Economic Area (EEA) – in which case it is necessary to appoint a representative or to establish a branch in Poland.
Promotional lotteries may be organised, on the basis of a permit granted, by natural persons, legal persons or unincorporated entities.
Raffle lotteries and raffle bingo games may be organised by natural persons, legal persons or unincorporated entities, depending on the value of the prize pool, on the basis of a permit or notification (in this case, the notification must be made no later than 30 days before the game starts).
Key individuals (ie, shareholders and management and supervisory board members) do not require any specific authorisation, but must hold Polish citizenship or the citizenship of a member state of the European Union or EFTA, a party to the Agreement on the EEA or the Organisation for Economic Cooperation and Development. They will be screened by the Polish special services to confirm:
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that there are no justified objections with regard to:
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- state security;
- public order; or
- the security of the economic interests of the state; and
- compliance with the anti-money laundering/counter terrorist financing (AML/CFT) provisions.
Poland
Answer ... Casino operating licences, permits for operating cash bingo halls and permits to arrange betting are granted by the Ministry of Finance.
Permits to organise raffle lotteries, audiotext lotteries, raffle bingo and promotional lotteries are granted by the head of the regional revenue administration office in whose jurisdiction such games are to be organised.
Where a notification is sufficient, it should be made to the customs and revenue office in whose jurisdiction such games are to be organised.
Poland
Answer ... Casino operating licences, permits for operating cash bingo halls and permits to arrange betting are granted for a period of six years and may be extended once for a further six years.
The decision usually specifies:
- the entity;
- the location of the casino or betting points (address);
- the website (in the case of online betting);
- the approved shareholding structure; and
- the names of the members of the company’s management and supervisory boards.
Other features of such licences vary depending on the nature of gambling activity for which the permit/licence is granted.
In the case of lotteries, decisions are less detailed and limited to key information, such as:
- the name of the entity organising the lottery;
- the name and time of the lottery;
- the names of persons managing the entity organising the lottery; and
- the area in which the lottery is to be held.
Poland
Answer ... An application for a casino operating licence or a permit to organise a cash bingo game, betting or audiotext lottery may only be filed by joint stock companies or limited liability companies with their registered office in:
- the territory of Poland; or
- the territory of another EU or EFTA member state, or a party to the Agreement on the EEA – in this case, it is necessary to appoint a representative or to establish a branch in Poland.
The above companies may apply for a licence or permit only if they document:
- the source of origin of their capital and its legality;
- no arrears in payment of taxes or customs duties;
- no arrears in the payment of social security or health insurance contributions; and
- compliance of the company’s operations with the AML/CFT and accounting provisions.
Poland
Answer ... The Gambling Act provides a list of documents and information that must be included in the application; the documents vary depending on the type of gambling operation.
The main document that must be attached to the application sets out the rules of the game which is the subject of approval.
Poland
Answer ... The Gambling Act provides a six-month term to obtain a casino licence/betting permit. This term may be extended; typically, a decision is issued within one year of filing of the application.
An entity that holds a licence/permit may apply to extend the commencement date of its operations specified therein for a maximum period of six months; otherwise, the licence/permit expires.
Permits/licences for promotional lotteries, audiotext lotteries and raffle lotteries are granted within two months of the date of submission of the application.
Poland
Answer ... A licence is subject to a fee, calculated by reference to a base amount. Currently, the following fees apply:
- Casino operating licence: €400,000.
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Betting licence: €25,000 + additionally:
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- €650 for each betting outlet;
- €25,000 for organising online bets; and
- €50,000 for each online betting website.
Licences for other activities falling within the scope of the Gambling Act are subject to fees ranging from €650 to €1,500.
Any change to an existing licence is also subject to a fee, albeit a much smaller one.
Operators must provide financial security in order to protect the financial interests of gambling participants and secure tax liabilities for the tax on games, which may consist of:
- bank or insurance guarantees; or
- a deposit of an appropriate amount in a bank account indicated by the authority granting permits.
The financial security required amounts to:
- €460,000 for casinos; and
- €150,000 for online betting.