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  Background Of The Commission

   Before introducing the Betting Gaming & Lotteries Commission, it is necessary 

   to inform on certain restrictions on gambling, which existed prior to the 

   Commission's establishment. The Gambling Law of 1899 defined “unlawful gambling” 

   to include cock-fighting, and the act of betting or of playing a game for a stake 

   when practiced in or upon any path, street, road or place to which the public 

   have access; in any spirit-licensed premises except in certain clubs approved by

   the Governor; or in or at a common gaming house as defined under the law.

   The Courts had, over the years, decided that, in order for a transaction to 

   constitute a bet or a wagering  contract, it was essential that each party should 

   either win or lose. A transaction with a bookmaker constituted a bet or a wager, 

   since, depending on the outcome of the events, either the bookmaker would lose 

   or the person effecting the transaction would lose. By contrast, where the 

   transaction took place by means of a totalisator, the Courts held that such 

   transaction did not, in law, constitute a bet or a wager because the owner of the 

   totalisator could not win or lose, since his only benefit was his fixed pre-determined 

   percentage derived from the total amounts recorded by sales on the particular race.

   The transaction did not constitute a bet and, therefore, no act of gaming, 

   unlawful or otherwise, took place. There were few places in Jamaica where public 

   betting could legally take place. One such place was at Knutsford Park in 

   Saint Andrew where horse racing was conducted and at other racetracks in the

   Island. There were also a few off-track betting outlets which offered bets to 

   punters unable to attend the races. Cycle races, another very popular sport, 

   were promoted every Friday night at Town Moor at the site at present called the 

   National Heros Park in Kingston. It was inevitable that illegal gambling would flourish 

   in an environment where opportunities for gambling were few and beyond the 

   reach of most persons. Bookmaking had not yet been legalized though this activity 

   enjoyed popular support. During the 1950s and the 1960s two (2) major 

   developments occurred in relation to gambling in Jamaica. Firstly, bookmakers 

   expanded their business and, secondly, there was a significant increase in the 

   amount of money being spent on football pools and similar gambling promotions 

   overseas. Technological advances in radio, and telephone brought the gambling 

   activities of Great Britain and the U.S.A. closer to Jamaica. The norms and attitudes 

   of the early 1900s could no longer be expected to remain unchanged in the face 

   of these exposures.

.

  Establishment Of The Commission

   In March 1973, the Government appointed a Committee whose main function was

   to draft instructions for the establishment of a statutory body to regulate and 

   control the operation of betting and gaming and the conduct of lotteries in the 

   Island. The Bill amending the parent Act became law on 26 May 1975. In general,

   the ministerial functions under the Act as regards betting and lotteries were 

   transferred to the newly created Betting Gaming & Lotteries Commissions.

   The Commission was required to inform and advise the Minister in relation to his

   functions under the Act. This Commission also assumed the functions then 

   performed by the Collector General with regard to the granting, revocation or 

   suspension of licences and permits; and was empowered to delegate some of its 

   functions and to hear appeals against the decision of persons to whom such 

   functions have been delegated.

.

  The Early Years

   The first two (2) years of monitoring by the Commission, as was expected, 

   marked a period of major adjustment for bookmakers, as many found it difficult 

   to adapt to the methods and outlook in conforming to the new system of control 

   imposed by the regulations and enforce by the Commissions inspectors. There 

   were elements of uncertainty and suspicion on both sides. However, the successes

   of the regulatory body in easing these early tensions were achieved mainly 

   because of the bookmakers and their agents who co-operated, and the tactful 

   perseverance of the Inspectorate ensured that by 1978 a modicum of mutual trust

   was evident. Later, the Jamaica Bookmakers Association performed an important

   function in assisting the Commission in matters affecting the bookmaking industry. 

   These achievements were the direct result of the Commission s willingness to 

   approach the solution of problems through meetings and discussions. There

   was a complete change in the supervision of bookmakers operations with the 

   transfer of the major functions of the Commission. Today, the entire system 

   of licensing, supervision and monitoring rests with Commission. The only functions 

   retained by the Commissioners of Inland Revenue are those relating to the 

   collection of taxes. The Commissions monitoring of the racing promoters operations 

   produced fewer tensions for obvious reasons. The Commissioner of Inland Revenue 

   still retained at the Caymanas Park Racetrack functions not only associated with 

   tax collection but also had a shared responsibility with the Commission to ensure 

   that the Totalisator operated efficiently and in the best interest of the betting 

   public. Over the years also, a high degree of trust and co-operation existed between

   the promoter of horse racing and the Commission. Licensed bookmakers and the 

   racing promoter at present account for all the legal transactions on horse racing 

   which, in the calendar year 1993, amounted to $1,228 million.

.

  The Future

   New concepts in betting and gaming are being devised abroad. Recent data 

   indicate that the amount of capital being made available for gaming in the U.S.A. 

   compares most favorably with the deployment of funds in other areas of investment. 

   It would be wishful thinking to imagine that Jamaica will be immune to the gaming 

   fever, which is taking place in that country. The Commission has been receiving 

   numerous applications from U.S-based entities for lottery and gaming licences to

   operate in Jamaica. A decision as to whether casino-type gaming should be 

   introduced into Jamaica is not one, which the Commission has the authority to 

   take. The challenge facing the Commission today is one of preparedness-to 

   performing its advisory role with integrity and competence and to be at all times