Madrid: New decree demands 300-meter distance between gaming venues and neutral facades

It is one of the novelties of the planning decree of these establishments, which also includes the delimitation of areas of high concentration with limitations to open new premises, and the obligation of "neutral facades" in the rooms that are near schools. The Government of Madrid wants to guarantee "a safe and responsible game, where minors and those who are prohibited cannot access", and with an inspection activity that guarantees compliance with the regulations that are approved.

The new decree maintains the obligation that there is a minimum distance of 100 meters between a gambling hall or betting house and any educational center. However, the Madrid officials of the Ministry of the Presidency, Justice and the Interior, headed by Enrique López, consider the physical control of entry into the establishments themselves much more effective.

These, located at the door of the premises, have been in operation for a long time in Madrid - "we were pioneers" -, and they are going to be maintained because they have proven much more useful in preventing the entry of minors or self-excluded people into these establishments.

A changing census
Hundreds of gambling halls, bets, bingo halls and casinos –698, according to the latest data– are spread over the regional geography. The new regulations that regulate its operation are published on the Transparency Portal to begin its public process. It will affect a number of places that is around 140 dedicated to betting, 522 gambling halls with betting corners, some 33 bingo halls and four casinos, although the authorities themselves quarantine figures that, they believe, change after the period pandemic.

On the one hand, the obligation to move away at least 100 meters from the schools - only in the capital, there would be some 61 gambling establishments in these circumstances, according to a complaint from the Regional Federation of Neighborhood Associations) -. But in addition, in the areas considered to be of special protection, there are complementary control measures such as the obligation to have neutral facades –with limited advertising–. The premises located in these areas must adapt their external appearance to this new regulatory obligation.

High concentration
Another novelty of the regulation is the obligation to maintain a minimum distance of 300 meters between the gaming or betting halls, to avoid excessive density in certain neighborhoods. The decree introduces high concentration areas, in which new openings of premises will not be allowed if the concentration index is exceeded, which is 1.17 premises per 10,000 inhabitants in the capital, and 10 premises in towns of more than 100,000 population.

The new decree will soon be joined by the reform of the Gaming Law, which introduces an aggravation of the sanctioning regime for cases in which minors are detected within the establishments. The fine, in this case, goes from being 'serious' to 'very serious', and will mean up to 600,000 euros, and the possibility of closing the premises if there is a repeat offense - two very serious sanctions in firm -, in addition to not renewing the authorization if the recidivism occurs within a period of 5 years.

The regional government is going to increase inspection campaigns to ensure compliance with the regulations. In this sense, between 18,000 and 20,000 inspections are made per year. In 2020, there were 168 files started and 252 completed. And until September 30, 2021, the sanctioning proceedings have been 186 initiated and those completed, 161. "It is a hyper-regulated sector," they say in the Ministry of the Presidency and Justice.

However, they warn that another problem that arises is that of online gambling, whose regulation is the responsibility of the State. "And the 300 meters of distance between premises is of little use if you can go betting from your mobile." Also, remember, "technologies are more youth-friendly."

The regional government wants to succeed in regulating this sector to gain efficiency in the protection of minors and people who are self-excluded from the premises, but it also takes into account what it means for the regional economy: 150 million euros per year in direct collection, and between 10,000 and 15,000 direct and indirect jobs.

With regard to advertising, again the competition on which it appears in the media belongs to the central Administration. However, on Madrid's regional television, Telemadrid, "there has been no advertising for the game for a long time," they recall. Yes, promotions in rooms are regulated at the regional level, specifically for each subsector because "a bingo is not the same as a casino or a gambling establishment", they clarify.

Moratorium until May
Since November 2019, when work began on modifying the Gaming Law, a moratorium for new licenses was put in place, which was later extended and will remain in effect until May 15, 2022. In addition, there is another open period : which allows establishments that are already operating to take until 2029 to adapt their premises to the latest requirements.

The Ministry of the Presidency, Justice and the Interior also recalls the need for the central government to regulate all the State Lotteries. They provide a piece of information that prompts reflection: «The average ticket in a betting house is 6 euros; that of lotteries and bonolotos is 18 euros ».