The Malta Gaming Authority (hereinafter referred to as the ‘Authority’) is hereby notifying DGV Entertainment Group Limited (hereinafter the ‘Authorised Person’ or ‘Licensee’) with this Notice of Cancellation (‘Notice’) in terms of reg. 8 (1) (f) of the Gaming Compliance and Enforcement Regulations (S.L. 583.06) (hereinafter the ‘Regulations’) with respect to the licence numbered MGA/B2C/723/2019, since the Authority deems that the Authorised Person has breached the legal provisions identified hereunder:
Breach 1 – Regulation 3 (1)(b) of the Gaming Licence Fees Regulations (S.L. 583.03);
The Authority notes that the Authorised Person has failed to pay the Authority the applicable licence fee for the year 2021, pertaining to the period between 23 November 2021 and 22 November 2022, amounting to a total of twenty-five thousand euro (€25,000), and this in contravention of reg. 3 (1) (b) of the Gaming Licence Fees Regulations. To date, this fee has not yet been paid by the Authorised Person and remains outstanding and due to the Authority.
Breach 2 – Regulation 3 (1)(a) and Regulation 6 of the Gaming Licence Fees Regulations;
The Authority notes that the Authorised Person has repeatedly failed to pay the applicable compliance contribution fees due to the Authority, amounting to a total of ten thousand, three hundred and thirty-three euro (€10,333.33), within the timeframe envisaged by reg. 6 (a) of the Gaming Licence Fees Regulations since December 2021 to date. This fee has not yet been paid by the Authorised Person, in contravention of reg. 3 and 6 (a) of the Gaming Licence Fees Regulations, and remains outstanding and due to the Authority.
Breach 3 – Article 41 (2)(a) of the Gaming Authorisations and Compliance Directive (Directive 3 of 2018);
To date, the Authorised Person has failed to submit the audited set of financial statements pertaining to the Authorised Person for the financial period covering January 2020 to December 2020, within one hundred and eighty (180) days, in contravention of art. 41 (2) (a) of the Directive.
Breach 4 – Article 41 (1) of the Gaming Authorisations and Compliance Directive;
To date, the Authorised Person has failed to submit to the Authority the interim financial statements covering the period from 01 January 2021 and 30 June 2021 by the 30 August 2021 deadline.
Prospective Enforcement Measure:
In light of the foregoing breaches, and pending any submissions to be made by the Authorised Person, the Authority is hereby notifying the Authorised Person that the aforementioned breach warrants the cancellation of the authorisation granted to DGV Entertainment Group Limited in terms of the following provisions:
- Reg. 9 (1) (c) of the Regulations since the authorised person has failed to comply with one or more applicable obligations in terms of any regulatory instrument or any other applicable law of Malta;
- Reg. 9 (1) (d) of the Regulations since the Authorised Person has failed to discharge financial commitments for its operations; and
- Reg. 9 (1) (l) of the Regulations since the Authorised Person has failed to pay in a timely manner all amounts due to the Authority.
By virtue of this Notice, and in accordance with reg. 9 (2) (a) of the Regulations, the Authorised Person is being provided with twenty (20) days, commencing from the date of publication of this Notice, to make submissions with respect to the why the Authority should not proceed with the abovementioned enforcement measure and to settle the aforementioned outstanding dues forthwith.
Should the Authorised Person fail to exercise such abovementioned right within the stipulated period, the Authority shall proceed accordingly. This Notice shall be without prejudice to any other notice and, or enforcement measure which the Authority may deem appropriate to issue in the future.