The Constitutional Court has ruled that the ban imposed by Daugavpils local authority on organising gambling in the vicinity of certain buildings is in accordance with the Constitution, the court announced on October 16.
Paragraph 2 of the contested binding regulations of the Daugavpils local authority ‘On places and areas in Daugavpils where the organisation of gambling is not permitted’ prohibits the organisation of gambling in places where the main entrance to a gaming hall is located within 150 metres of the nearest entrance to certain buildings. The restriction applies, for example, to blocks of flats and buildings housing educational establishments, local authority offices or social service provision centres.
The Court concluded that the restriction reduces the likelihood of unplanned visits to gambling venues and the risk of gambling addiction, whilst at the same time preserving the possibility of organising gambling elsewhere in the city.
The case was initiated following applications from four gambling operators. The commercial companies argued that the restriction effectively prevents the organisation of gambling throughout Daugavpils, disproportionately restricts their right to property and is inconsistent with Article 105 of the Constitution, which says that everyone has the right to property.
The Constitutional Court held that a local authority has the right to designate places and areas where the organisation of gambling is prohibited. The necessity of such a prohibition must be justified by the specific characteristics of the places and areas in question. The Court was satisfied that Daugavpils City Council had done so by assessing the intended use of the buildings and the flow of people in their vicinity.
The Constitutional Court concluded that the benefit which the restriction provides to gamblers, their relatives and society outweighs the restriction on the rights of traders.
The judgment of the Constitutional Court is final and not subject to appeal. It shall enter into force on the date of its publication.
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