Two common sayings spring to mind when considering new gambling laws in countries as far apart as Britain and Chile. The first, cited as a proverb as early as 1670, is ‘Hell is paved with good intentions’ and the other, ‘Never take no for an answer.’ Both governments had similar laudable aims – to promote regeneration in economically distressed regions – and both succeeded in producing modern legislation that could lead, oddly enough, to 17 new casino licences being granted. One could be excused for thinking that was the end of a job well done, but reality is proving otherwise. The good intentions are there but the licensing process road is strewn with obstacles.

Two days after the Supreme Court in Chile overturned an Appeals Court’s unanimous decision in favour of Thunderbird Resorts, now leaving the company out of the casino licence bidding procedure without considering the merits of the case, the process is still mired with legal disputes. Much as a Coventry Member of Parliament will not meekly abide by the Casino Advisory Panel’s decision to exclude the Ricoh Arena project for a super casino from its shortlist, prospective casino developers in Chile’s regions are contesting controversial decisions by Regional Councils.

In this litigious era it seems that any disliked decision may well end up in the law courts. Spanish gaming company CIRSA was quick to launch legal action when some of its projects for Chile were voted out by the Regional Councils concerned, resulting in having them reinstated. So concerned are Chilean legislators about the way the licensing process is progressing that they are considering rewriting the law. In Britain there are already concerns over possible legal complications from deals that local Councils have with particular gaming operators. The Gambling Act 2005 states that once a gaming licence has been awarded to a local authority the operator must be selected by a tender process.

It is already evident that there will be a lot of sore losers when the final choice is made on the relative merits of casino projects. Prospective operating companies have invested heavily in the preliminary stages and are answerable to shareholders. Winston Churchill may once have said, “Never give in - never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honour and good sense,” but it is to be hoped that good sense does prevail when it comes to contesting the final decisions on casino licensing in Britain and Chile. (E-06.02.06)

© Copyright 2006 CasinoCompendium



>>> return to archives
>>> return to frontpage