The Government is working to eliminate the existing legal ambiguities that can arise when inspectors from the Lotteries and Gaming Authority confiscate gambling machines from unlicensed places.

“Until the legislation is changed, which has been overdue for many years, the LGA board is advising that any confiscation of gambling devices from unlicensed places should either be done by the police, or the LGA together with the police,” the Competitiveness Parliamentary Secretariat said.

The Government was determined to give the LGA the overdue means to fight illegal activities and ensure establishments operated within the parameters of the law, it added.

At the weekend, The Sunday Times of Malta reported that LGA inspectors had been instructed to stop seizing illegal gambling machines.

However, when contacted for a reaction before the story went to print, the secretariat refused to explain the reasoning behind these instructions, only confirming that a decision had been taken.

Leaving the situation as it is could prejudice the work being done by the police

It had also said the secretariat was not in a position to release details “on certain LGA decisions as this was highly sensitive to its operations and safety of inspectors”.

Just a day after the article appeared, the secretariat changed its mind and issued a statement to clarify the matter.

It said the LGA board had been made aware of a legal ambiguity arising from the present legislation that could expose the authority to legal action by third parties, and give the upper hand to un­licensed activities.

“The present legislation does not give LGA officers the unequivocal right to confiscate gambling devices from unlicensed places, in the same way as it gives them power to do so from licensed places,” it said.

“Leaving the situation as it is could prejudice the work being done by the police and also give the unlicensed activities the upper hand against the authorities,” the secretariat said.

The LGA board of directors has already commissioned an internal audit to review all procedures adopted by the authority, including enforcement.

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