Belgium’s Council of State has ruled that the cities of Genk, Mechelen, Antwerp, and Aalst have the authority to prohibit betting shops from operating near schools, hospitals, and other locations.
In its ruling, the Council of State upheld that local governments can deny licenses to betting establishments based on their proximity to these institutions.
Since 2019, Belgium has implemented a mandatory covenant system requiring betting shops to obtain approval from municipal authorities to operate. This framework empowers municipalities to refuse licenses for betting shops situated close to vulnerable areas, aiming to mitigate the risk of gambling addiction, particularly among youth and socially vulnerable groups.
The Belgian Gambling Act, specifically Article 43/5, stipulates that a class IV gambling establishment cannot be located near educational institutions, hospitals, or places predominantly frequented by young people, unless a well-founded exception is granted by the municipality. However, the law does not define ‘proximity,’ allowing municipalities to establish their own criteria and distances.
Gambling companies including Derby, Gerardo, and Wedwinkel contested these municipal decisions before the Council of State. In five separate rulings, the Council determined that the municipalities acted within their legal rights by denying such licenses.
Leuven and Genk Take Action
The city of Leuven aims to eliminate the presence of betting shops, with the Christian Democratic and Flemish party (CD&V) stating that these establishments offer no added value to the city and potentially contribute to gambling addiction.
In Genk, no new licenses for betting shops are being issued, and existing licenses are not being renewed. There have also been issues recently with National Lottery Ads that have appeared near Atlas College.
The ads are for the game Lady Fortuna, a gambling game with a prize pool of €500,000. The ads are displayed on billboards and in bus shelters around Atlas College, which thousands of students pass by every day.
Since the summer of 2023, gambling advertisements have been banned in public places in Belgium. However, the National Lottery has been granted an exemption.
Zuhal Demir of New Flemish Alliance (NV-A) said:
“We do not want any gambling advertising near schools. Young people are easily influenced, and gambling is a serious problem here in Genk. There are enough residents who struggle with a gambling addiction, and this type of advertising does not help.”
She seeks to amend the contract with the advertising company JCDecaux to ensure that gambling advertisements no longer appear near schools in the future.
Gambling Among Minors
According to a recent study by VRT news found that 1 in 4 minors have gambled for money.
Scratch cards are the most popular form of gambling with 1 in 3 minors aged 12-14 stating that they buy them. Meanwhile 15.7% of the same age group play lottery games and 12.4% say that they place bets on sports.
5.3% play casino games while 4.7% play poker for money.