European Gaming Lawyer magazine Autumn 2015 | Page 15

into an otherwise rather restricted market.
Although the concrete selection criterions for
potential candidates to a casino concession
still need to be defined, interested parties
should move quite quickly to get a head
start on the application process, which
implies negotiations with the relevant local
administration for the concession itself as
well as filing a licence application with the
Belgian Gaming Commission.
It is important to note that concession
agreements by the relevant communal
administration and licences by the regulatory
authority go together: Article 4 of the
Royal Decree of 26 June 2002 provides that
concession agreements shall automatically
terminate with the retrieval or the ending of
their corresponding Class A casino licence
(valid for a renewable period of 15 years).
On the other hand, on the basis of the BGA,
being entitled to a casino concession is a
condition to remain an A class licence holder.
The expiry of casino concessions
Another factor for change in the
Belgian casino landscape can be found
in the impending expiry of several landbased casino concessions. At a Study Day
conference held by the Belgian Gaming
Commission on 27 May 2015, the regulator
stressed that in the coming six years, eight
out of the currently nine land-based casino
concessions will terminate and that new
concessions must be concluded on the basis

of a transparent, proportional and nondiscriminating procedure.
Indeed, on the grounds of Article 76 of
the BGA, concession agreements which have
been concluded before 31 July 2001 shall
remain effective, unless a shorter contractual
period is foreseen, for a maximum period of
20 years. Hence, these concession agreements
can only be valid until 31 July 2021 at the
latest. The regulator’s conference documents,
published on 28 May 2015, provide an exact
timeline regarding the impending expiries
(table below).
In the light of this context, the Belgian
Gaming Commission underlined that
the (almost automatic) extension of
existing concession agreements by local
administrations is no longer something
obvious, especially with respect to
competition law and general European law
principles. Local administrations are thereby
invited to carefully examine all applications
before deciding to renew a concession
agreement.
Gambling on international cruise ships
Furthermore, the Government’s Agreement

has made clear the intention of the coalition
parties to authorize international cruise
ships, which have an onboard casino or
gambling hall, to operate these in Belgian
waters until mooring in a national harbour.
The gaming halls sector
Room for growth in the online segment
As for casinos, the operation of gaming
arcades is subject to a licence from the
Gambling Commission and the conclusion
of a prior concession agreement with the
commune.
The number of gaming halls is limited,
by Article 34 of the BGA, to a maximum of
180. On 2 April 2014 the Belgian Gaming
Commission attributed the last available
license to the applicant who came first on a
waiting list, so that the maximum number
of gambling arcades admitted on the Belgian
territory has now been reached.
Despite the strong demand for gambling
halls licences, the sector in general has been
facing difficult times in terms of revenue,
showing important differences from one
operator to another.
The operators doing best are those which

2016

2017

2019

2020

2021

2023

Middelkerke

Knokke

Namur

Brussels
Blankenberge

Spa
Chaudfontaine
Ostende

Dinant

Source: A01. Van Cauwenberge “Nota studiedag: thema Concessies van kansspelinrichtingen Klasse I
(Casino’s) Conclusie”

European Gaming Lawyer | Autumn Issue | 2015 | 15