The Bermuda Gaming Commission regulates all legal gambling, including casinos, betting shops, and lotteries.
The Casino Gaming Act 2014 allows for up to three integrated resort casinos on the island.
The Betting Act 2021 established a modern regulatory regime for betting, emphasizing compliance and AML standards.
Separate licensing is required for betting operators, with fees set by the Betting Fees Regulations 2021.
Operators must regularly update patron details to maintain accurate records and compliance.
Cruise ship casinos, lotteries, raffles, and traditional games like Crown and Anchor are also regulated.
The Commission’s remit was expanded in 2021 to cover all forms of legal gambling in Bermuda.
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Legislation
Primary Legislation
The legal framework governing gambling in Bermuda is established by several key statutes and regulations. The central piece of legislation is the Casino Gaming Act 2014, which provides the overarching legal basis for the regulation, control, and oversight of casino gaming activities in Bermuda. This Act sets out the definitions, legal parameters, and general requirements for the operation of casinos within the jurisdiction.
Casino Gaming Act 2014 – The principal legislation that establishes the legal structure for casino gaming, including the creation of regulatory bodies, the framework for licensing, and the general conduct of gaming operations.
Gaming (Casino Licence Application) Regulations 2017 – Regulations detailing procedures and requirements for submitting applications for casino licences, including documentation and formal processes.
Gaming (Casino Fees) Regulations 2017 – Regulations that specify the fees associated with casino licence applications and other regulatory charges.
Gaming (General Reserve and Casino Taxes) Regulations 2017 – Regulations that address financial provisions related to casino operations, including reserves and applicable taxes.
Regulatory Authority
Oversight and enforcement of Bermuda’s gambling legislation is entrusted to a dedicated regulatory body. This authority is responsible for ensuring compliance with all relevant laws and regulations, evaluating licence applications, and maintaining the integrity of gaming operations.
Bermuda Gaming Commission – The primary regulatory authority established under the Casino Gaming Act 2014. The Commission is tasked with administering and enforcing the legal framework for casino gaming in Bermuda.
Key responsibilities include reviewing and approving casino licence applications, monitoring compliance with statutory requirements, and upholding standards of fairness and integrity in the gaming sector.
License Types
Types of Gambling Licenses in Bermuda
Casino Licence: Bermuda currently offers a Casino Licence as the primary form of gaming license. This license is specific to casino operations at designated sites. Other forms of gambling, such as betting shops or lotteries, are regulated separately and are not covered under the casino licensing system described here.
Application Process for a Casino Licence
Eligibility: Only the owner of a designated site or a nominee approved by the Bermuda Gaming Commission is eligible to apply for a casino licence.
Application Components:
Completed Application Form, as specified by the Bermuda Gaming Commission.
Response to a Request for Proposal (RFP) issued by the Commission.
Payment of the Casino Licence Application Fee in cleared funds.
Submission: Applications must be submitted in the form and manner approved by the Commission. The application, RFP response, and fee must be received by the Commission within the designated filing period. Late or incomplete applications are not considered.
Filing Period: The Commission periodically announces specific filing periods for casino licence applications. Applications must be submitted within these periods.
Duration and Renewal of Casino Licences
The duration of a casino licence is determined by the Bermuda Gaming Commission and specified in the licence agreement.
Renewal conditions, including timelines and requirements, are set by the Commission and may require updated documentation, continued compliance, and payment of renewal fees.
Licensing Costs and Financial Requirements
Application Fee: The Casino Licence Application Fee is set at $600,000. This fee must be paid in full and in cleared funds at the time of application. The Commission is not obligated to consider any application until the fee is paid.
Additional Fees: Further fees, such as annual licence fees and other regulatory charges, may apply as determined by the Commission’s fee regulations.
Key Requirements for Obtaining and Maintaining a Casino Licence
Corporate Structure: Only corporations (not individuals) are eligible to apply for or hold a casino licence, unless otherwise authorized in writing by the Commission.
Designated Site: The casino must be located at a site designated and approved by the Commission.
Documentation: Applicants must provide all documents and information as required by the Commission, which may include detailed business plans, financial statements, compliance policies, and evidence of suitability.
Commission Assessment: The Commission assesses each application against its regulatory goals, including integrity, financial stability, and suitability of the applicant and key personnel.
Ongoing Compliance: Licensees must adhere to all regulatory requirements, submit to regular audits, and maintain the standards set by the Commission to retain their licence.
Set by Commission; subject to renewal conditions and fees
Key Ongoing Requirements
Regulatory Compliance, Site Designation, Corporate Status, Audits
Gambling Tax
Tax Rates for Gambling Operators in Bermuda
Bermuda’s taxation system for gambling operators, specifically casinos, is governed by regulations that set out the applicable tax rates and the basis for their calculation. The primary tax imposed on casino operators is a Casino Gaming Tax, which is levied on the Gross Gaming Revenue (GGR)—that is, the total amount wagered by players minus winnings paid out.
Type of Gambling Operation
Tax Rate
Tax Base
Casino
10%*
Gross Gaming Revenue (GGR)
*Note: The 10% rate is based on the most recent publicly available regulations and may be subject to change by the Bermuda Casino Gaming Commission.
Basis for Taxation
Tax is calculated on Gross Gaming Revenue (GGR), defined as the total amount of all bets or wagers placed minus the total amount of winnings paid to players.
There is no turnover tax or flat-rate tax on total wagers; the focus is on net gaming income.
Tax Reporting and Payment Requirements
Casino operators are required to maintain accurate and detailed records of all gaming activities, including bets received and winnings paid out.
Tax returns must be filed with the Bermuda Casino Gaming Commission according to the schedule specified in the regulations, typically on a monthly or quarterly basis.
Payment of the Casino Gaming Tax must be made at the same time as the submission of the tax return, using the approved payment methods stipulated by the Commission.
Operators must also comply with any additional reporting requirements set by the Commission, including the provision of audited financial statements if requested.
Tax Incentives, Exemptions, and Special Provisions
There are currently no published tax incentives or exemptions specific to casino gaming operators in Bermuda.
All licensed casino operators are subject to the same tax rate and reporting obligations.
Application and annual licensing fees are separate from gaming taxes and must be paid in addition to any taxes owed on GGR.
This summary reflects the latest available information on the taxation of gambling operators in Bermuda, focusing exclusively on tax rates, calculation methods, and compliance requirements.
Prohibited Individuals
Age Restrictions and Identification Requirements
The minimum legal age for participating in gambling activities in Bermuda is 18 years.
Operators are required to verify the age and identity of all patrons before allowing them to gamble. This includes requesting government-issued identification as proof of age.
Registered patrons must update their personal details with the operator at intervals not exceeding 12 months to ensure ongoing compliance with identification requirements.
Prohibited Activities and Game Restrictions
Unauthorized gambling activities are strictly prohibited; only licensed forms of betting, casino gaming, and other regulated gambling activities are permitted.
Private, unlicensed gambling operations and games outside the scope of regulated venues are not allowed.
There are restrictions on the number of casinos permitted on the island, with a maximum of three integrated resort casinos authorized.
Certain forms of online gambling and betting may be restricted unless specifically licensed under Bermuda’s regulatory framework.
Advertising and Marketing Limitations
Gambling operators must ensure that all advertising and marketing materials are not misleading and do not target minors or vulnerable groups.
Promotional content must include responsible gambling messages and clear information about age restrictions.
Advertising that encourages excessive or irresponsible gambling behavior is prohibited.
Operators are required to avoid placing advertisements in media and locations primarily accessed by individuals under 18 years of age.
Responsible Gambling Requirements and Player Protection Measures
Operators must provide clear information about responsible gambling, including access to self-exclusion programs and support resources for problem gambling.
Patrons must have the ability to set personal limits on deposits, losses, and time spent gambling.
Staff are required to receive training on recognizing and addressing problem gambling behaviors among patrons.
Operators must display visible signage and make available educational materials about the risks of gambling and avenues for seeking help.
Regular monitoring and reporting of gambling activities are mandated to identify and support individuals at risk of gambling-related harm.
Geographic and Location Restrictions
Licensed casinos and betting shops are only permitted to operate within approved physical locations as designated by the Bermuda Gaming Commission.
The number and location of casinos are strictly controlled, with a maximum of three integrated resort casinos allowed on the island.
Gambling activities are not permitted outside of licensed venues, and unauthorized locations are subject to enforcement action.
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Timeline
# Historical Timeline of Gambling Regulation in Bermuda
Year/Date
Event
2014
Casino Gaming Act passed, permitting the creation of up to three integrated resort casinos on the island
May 2021
The Betting Act 2021 enacted, establishing a separate regulatory regime for the betting sector with modern compliance and anti-money laundering standards
May 2021
The Betting Fees Regulations 2021 introduced, providing a framework for cost recovery by the gaming commission for investigations and licensing
June 1, 2021
The Betting Act 2021 officially came into effect
August 2021
The Gaming (Transfer of Functions) Act expanded the Bermuda Gaming Commission's remit to include all forms of legal gambling on the island, including betting shops, cruise ship casinos, lotteries, raffles, and traditional Crown and Anchor games
Late 2021
Betting Regulations 2021 (BR 104/2021) implemented, detailing operational requirements for betting operators, including patron registration, account management, and suspicious activity reporting
Summer 2021
First casino expected to open at the new St Regis hotel in St George's
The timeline shows Bermuda's relatively recent development of comprehensive gambling regulation, beginning with the Casino Gaming Act in 2014 and significantly expanding in 2021 with multiple pieces of legislation that created a more robust regulatory framework covering various forms of gambling beyond just casino gaming.
Requirements
Software Certification and Technical Standards
All gambling software and systems must comply with technical standards set by the Bermuda Gaming Commission, ensuring fairness, integrity, and security of betting operations.
Software used for betting and gaming must be certified by an approved independent testing laboratory before deployment and after any significant update or change.
Operators are required to implement robust systems for the accurate recording and settlement of bets, including parlay and layoff wagers, and must maintain a verifiable audit trail for all transactions.
Data Protection, Privacy Measures, and Server Location
Operators must implement data protection measures to safeguard patron information, including encryption of personal and financial data both in transit and at rest.
Patron details must be kept up to date, with operators required to request updates from registered patrons at least once every 12 months.
Records relating to registered patrons and customer accounts must be securely stored and protected against unauthorized access.
The location of servers and data storage must comply with Bermuda’s data protection laws and any specific requirements set by the Bermuda Gaming Commission regarding data residency and access controls.
Anti-Money Laundering (AML) and Know Your Customer (KYC) Procedures
Operators must establish and maintain comprehensive AML policies and procedures in accordance with modern compliance standards.
Full KYC procedures are mandatory for all patrons, including verification of identity, age, and source of funds before allowing betting activity.
Operators are required to monitor transactions for suspicious activity and report any suspicious wagers or patterns to the relevant authorities without delay.
Records of AML and KYC checks must be maintained and made available for regulatory inspection as required.
Financial Reporting, Auditing Standards, and Record-Keeping
Operators must keep detailed records of all betting transactions, customer accounts, and financial activities for a period specified by the regulator.
Regular financial reporting to the Bermuda Gaming Commission is required, including submission of audited financial statements prepared in accordance with recognized accounting standards.
Operators must ensure that all records are accurate, complete, and available for inspection by the regulator at any time.
Procedures must be in place for the secure handling and reconciliation of customer funds, including the management of dormant accounts.
Technical Implementation Requirements for Responsible Gambling Tools
Operators are required to implement technical tools that allow patrons to self-exclude or set betting limits, ensuring these features are accessible and effective.
Systems must be in place to enforce exclusion orders and prevent excluded individuals from accessing gambling services.
Responsible gambling information and assistance must be prominently available through the operator’s platforms, including links to support resources and self-assessment tools.
Operators must regularly review and update responsible gambling tools to ensure ongoing compliance with regulatory expectations and best practices.
Gambling regulations are subject to change. The information provided on this page was accurate at the time of publication, but may not reflect the current regulatory landscape. Always consult official sources for the most up-to-date information before making any gambling-related decisions.
