Lemodi Legal warns Italy’s betting concession extension will not resolve retail issues

Lemodi Legal said a paid extension of betting concessions in the physical network, envisaged in the 2027 Budget Law, risks being a temporary answer to structural problems. In a contribution on the future of the retail network, the law firm called for a comprehensive reorganisation of the rules, starting with ending the distinction between outlets with a main and an ancillary activity.

Lemodi Legal said an extension can secure continuity of collection, public oversight of the sector and state revenue in the short term. It added that an extension cannot become the structural response for a system that has waited years for coherent, updated rules. According to information put forward in the sector debate, the extension would be justified by the need to keep collection going, maintain public oversight and preserve revenue pending a wider reform.

The annual charges indicated for concession holders are €14,250 per right for outlets whose main activity is selling public games, including regularised outlets. The charge indicated for outlets where games are an ancillary activity is €8,550 per right. Lemodi Legal said these amounts should be treated as proposed content and not as rules currently in force. It said their application will depend on a legislative text that may be presented and approved, and coordinated with the concession agreements and with implementing measures from the Agenzia delle dogane e dei monopoli.

Lemodi Legal said the distinction between main and ancillary activity dates from Article 38 of Decree-Law 223 of 4 July 2006. It said that, in the age of digitalisation and multichannel play, the difference now appears outdated. It argued that a deep amendment to Article 38, paragraphs 2 and 4, of the Bersani Decree should make the betting outlet a single category. As a precedent, it cited a 2014 ADM circular reporting a revision of the requirements and minimum equipment for shops.

Lemodi Legal said an annual charge of €14,250 per right can significantly affect the sustainability of agencies and shops. It said the paid extension, if confirmed, should come with a package of measures for the retail network. The measures it listed include clarifying the framework of rights, updating minimum requirements, simplifying administrative procedures, regulating transfers and changes of ownership, coordinating distance rules and setting firm timelines for authorisations and checks. Lemodi Legal said the extension can be acceptable if it is genuinely transitional, backed by a verifiable public rationale and a bridge to a reorganisation defined in timing and content.