(1) As soon as possible after a hearing to consider an application for the grant of a licence under this Act the Board shall submit a report in writing to the Minister for transmission to Cabinet.
(2) The Board may, prior to submitting its report to the Minister request further supplemental information from the applicant and where it does so, the Board shall not submit the report unless it has received and considered the supplemental information requested.
(3) A report under subsection (1) shall contain full particulars of the application, objections and representations made to the Board, if any, and shall include the recommendation of the Board as to—
(a) whether a licence should be granted or refused;
(b) whether a licence should be granted subject to any restrictions or conditions; or
(c) where the recommendation is as in (b), what restrictions or conditions appear to the Board to be required.
(3A) (Inserted by Act 18 of 2018 and deleted by Act 24 of 2019)
(4) The Board shall not recommend the grant of a licence unless it is satisfied that in the case of a natural person the applicant is a person—
(a) of good morals and integrity;
(b) whose previous behaviour, habits or reputation does not offend against the public interest or does not pose a threat to the proper and effective regulation of gaming activities; and
(c) of good character, evidenced by a police certificate of good character.
(5) The Board shall not recommend the grant of a licence unless it is satisfied that, in the case of a company—
(a) the owner, director and other person having charge of the company meets the criteria under subsection (4);
(b) the applicant has adequate business probity, competence and experience in the business of gaming activity;
(c) the proposed financing of the business is adequate for the nature of the licence applied for and the source of finance is acceptable.
(6) The Board shall not recommend the grant of a licence to an applicant who—
(a) has been denied a licence or certification in any jurisdiction unless the applicant proves that the denial was not based on a lack of integrity or an incapability on the part of the applicant;
(b) has had a licence, permit or certification issued under the gaming laws of any country permanently suspended or revoked for good cause;
(c) is at the time of the application to the Authority, under suspension or subject to any limiting action in any country in respect of gaming activities.
(6A) Subsection (6)(a), (b) and (c) apply if the denial, issuance, suspension or limiting action occurred 5 years prior to the application and the applicant demonstrates by clear and convincing evidence of his or her rehabilitation. (Inserted by Act 24 of 2019)
(7) The Board shall not recommend the grant of a gaming operator licence except in respect of a hotel containing at least 250 rooms and approved by the Board.
(8) Despite subsection (7), the Board may recommend the grant of a gaming operator licence in respect of an applicant who does not operate a hotel containing 250 rooms where the applicant undertakes to operate premises at which at least 200 persons will be employed.
(Amended by Act 13 of 2004)