Reference is being made to the Notice of Cancellation (hereinafter the ‘Notice’) dated 13 May 2019 issued by the Malta Gaming Authority (‘Authority’) wherein M-Hub Gaming C4 Limited (hereinafter the ‘Authorised Person’), holder of an authorisation bearing the number MGA/B2B/308/2015 (hereinafter the ‘Authorisation’), was provided with a twenty (20) day time period within which it had the right to show cause why the Authority should not proceed with the enforcement measure identified in the Notice in accordance with regulation 10 (2) (a) of the Gaming Compliance and Enforcement Regulations (S.L. 583.06) (hereinafter the ‘Regulations’).
The Authorised Person, however, failed to make its submissions within the stipulated time-period. Moreover, the Authority notes that the Authorised Person was struck off as defunct on 19 May 2021.
In light of the above, the Authority is cancelling the Authorisation in terms of regulation 10 (1) (a) and regulation 9 of the Regulations insofar as it, in its sole discretion, has determined that cancellation of said authorisation is the most appropriate measure in consideration of the below grounds:
- 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 [regulation 9 (1) (c)];
- The authorised person has failed to discharge financial commitments for its operations or the Authority has reason to believe that such failure is imminent [regulation 9 (1) (d)];
- The authorised person is bankrupt, insolvent or is being wound up [regulation 9 (1) (f)]; and
- The authorised person has failed to pay in a timely manner all amounts due to the Authority [regulation 9 (1) (l)].
Further to the foregoing, the Authorised Person is hereby being directed to:
- Remove, with immediate effect, any reference to the Authority and the Authorisation in accordance with article 51 of the Gaming Act (Chapter 583 of the Laws of Malta) (hereinafter the ‘Act’).The Authorised Person shall comply with this action by not later than seven (7) days from the date of service of this letter.
In terms of Article 43 (1) of the Act, if the Authorised Person feels aggrieved by the decision of the Authority, such person shall have the right to file an appeal before the Administrative Review Tribunal within twenty (20) days from the date of publication of this cancellation.
The Authorised Person shall remain liable for all applicable obligations emanating from the Act and any other applicable regulatory instrument. The Authority reserves the right to take any other measures pertinent to it at law in order to recover the outstanding dues to it from the Authorised Person should the latter fail to rectify accordingly.
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