## Licence Triggers
A licence is required for any gambling game accessible in the territory of the Czech Republic.
## Array/Type of licences needed
Online Gambling operators are required to obtain an ‘Initial licence’ and a ‘Basic licence’ from the Ministry to operate any of the permitted types o…
Full analysis · 1275 words
## Licence Triggers
A licence is required for any gambling game accessible in the territory of the Czech Republic.
## Array/Type of licences needed
Online Gambling operators are required to obtain an ‘Initial licence’ and a ‘Basic licence’ from the Ministry to operate any of the permitted types of gambling, with the exception of a raffle and a small size tournament.
The Initial licence certifies the fulfilment of the general conditions for operation of gambling games.
For each type of gambling permitted under the Gambling Act, a separate Basic licence will be needed. Therefore, if for example, an operator wants to offer odds betting, a technical game, and a live game, it will be required to hold three separate Basic licences. Basic licence application fee is CZK 5,000.
For the operation of gambling in land-based form, a ‘gambling premises location licence’ issued by local municipalities is required, in addition to the Initial licence and Basic licence.
A gambling premises licence is issued, under delegated jurisdiction, by the municipal authority of the municipality within whose territorial jurisdiction the gambling premises intended for the respective gambling type are to be located. The gambling premises mean a gambling room or a casino. “Gambling room” means standalone, structurally separated premises on which a technical game is operated as a core activity. “Casino” means a standalone, structurally separated premises on which a live game is operated as a core activity.
In the gambling premises location licence, the municipal authority will approve of the gambling room or casino location, operation of the respective gambling type, opening hours of the gambling premises and the number of the terminal devices through which the game will be operated, including their types, serial number(s) and the precise quantity of the game access points.
A municipality may, based on Act No. 128/2000 Coll., on Municipalities (Municipal System), issue a generally applicable decree laying down that land-based bingo, technical games, live games or small size tournaments may be operated only at the places and times specified by the generally applicable decree, or, laying down the places and times at which operation of the above games is prohibited, or, laying down that the operation of such games is completely prohibited throughout the municipality territory.
## Period of licence & renewal process
An Initial licence is not issued for any definite time period. Maximum period of a Basic licence is 6 years. A Basic licence can be renewed only based on a new licence application, i.e. it is not a renewal per se.
## Application timeframe and phases
The timeframe depends on the type of Basic licence that the operator applies for. In general, it can take approximately 2 – 4 months (from filing of a licence application) to obtain an online odds-betting Basic licence. As for online casino Basic licences (technical games and/or live games), it depends on the number of individual games that the operator wants to offer. In general, it can take approximately 3 – 6 months (from filing of a licence application) to obtain an online casino Basic licence.
## Initial licence - Applicant Considerations
The applicant for Initial licence must satisfy the following conditions (“Conditions”) in order to obtain and keep an Initial licence:
(a)General eligibility to operate gambling (“General Eligibility”). See below for more details;
(b)Clean criminal record. This means that neither the applicant nor any of the Relevant Persons (defined below) have been sentenced for a deliberate criminal offence, or for an economic criminal offence, or for a criminal offence against property in the Czech Republic and any country of their origin;
(c)Debt-free status. This means that neither the applicant nor any of the Relevant Persons (defined below) will owe any money to tax/financial/custom/health insurance/social security/employment authorities in the Czech Republic and any country of their origin,
(d)Provision of a Surety. See below for more details; and
(e)Applicant/operator not being in liquidation or declared bankrupt:
(i) within the last 3 years prior to the date of issue of the Initial licence; and
(ii) for the duration of the legal effects of the Initial licence.
The General Eligibility is satisfied if the applicant:
has a registered office in the Czech Republic, or in another EU Member State or in a State that is a contracting party to the Agreement on the European Economic Area;
has an organisational structure with a proper, transparent and coherent definition of responsibilities and decision-making powers;
have in exitence a “control body” (e.g. supervisory body, administrative body or other similar controlling body);
meets the financial stability requirement (see below for further details);
has financial statements certified by an auditor;
has transparent and non-hazardous origin of the sources; and
has a transparent ownership structure that shows who is/are the beneficial owner(s).
## Initial licence - List of documents & type of information needed to support application
An Initial licence application shall be submitted to the Ministry and shall be accompanied by the following documents:
a)a list of persons who:
1. are members of the applicant’s statutory body
2. are members of the applicant’s supervisory body
3. have general power of attorney issued by the applicant
4. are the real/beneficial owners of the applicant
(collectively “Relevant Persons”)
(b) the identification data of the applicant and all Relevant Persons, indicating all their countries of origin;
(c) evidence of the clean record and no debts of the applicant and all Relevant Persons, in the Czech Republic;
(d) evidence of the clean record and no debts or affidavits confirming the same of the applicant and all Relevant Persons from their countries of origin outside the Czech Republic;
(e) audited financial statements; and
(f) documents demonstrating compliance with the following conditions: General Eligibility conditions. Provision of Surety, and No Liquidation or Bankruptcy).
## Basic licence - Applicant Considerations
The Ministry shall issue a Basic licence if the following conditions are satisfied:
(a) the operator has the Initial licence;
(b) the gambling operations will not disturb the public order;
(c) the proper operation of the gambling activity is guaranteed and proper technical equipment is secured;
(d) the operator has the material, personnel and organizational resources necessary for the performance of its operations (“Material, Personnel and Organizational Resources”); and
(e) the Basic licence for the type of gambling in question has not been revoked by the Ministry in the 3 years preceding the date of the application.
## Basic licence - List of documents & type of information needed to support application
A Basic licence application shall be submitted to the Ministry and shall be accompanied by the following documents:
Game Plan;
Expert Assessment document and the Certificate of Operability issued by one of the authorized testing labs;
Document certifying the location of its Server in one of the EU or EEA countries;
Document demonstrating compliance with the Material, Personnel and Organizational Resources requirement; and
Contract concluded with the person who will monitor influencing of sports results – only required in case of application to operate odds betting or a totalizator game.
## Geographical cover
Territory of the Czech Republic.
## Mechanics of the licence process
There is no limit in the number of licences which can be issued. No time window during which an application must be made. Online operators do not need to hold land-based licence.
## Bad Actor/Cooling off periods
There are no such periods applicable. However, if there are any penalties issued to an applicant for operating without a licence and such penalties are not paid, or if the applicant is included on the blacklist, the licence will not be granted by the Ministry.
## Localisation
Offer must be in Czech language. As an option it can be in other languages as well.
