Swedish Appeals Court Affirms Regulator's Bingo Terminal Ban in Retail Outlets

The Administrative Court of Appeal (Kammarrätten) in Jönköping, Sweden, has upheld the national gambling regulator’s decision to prevent the operation of electronic bingo terminals in numerous retail locations. This ruling supports Spelinspektionen's initial refusal to grant a license to Föreningen Idrottens Spel i Sverige, effectively overturning a prior decision by a different administrative court.

In June 2023, Föreningen Idrottens Spel i Sverige submitted an application seeking permission to offer charitable bingo through electronic terminals. Their proposal aimed to place these machines in approximately 297 retail outlets across Sweden, primarily encompassing smaller shops and kiosks, thereby operating outside the scope of traditional bingo halls.

Spelinspektionen rejected this application on March 21, 2024. The regulator expressed concerns that non-temporary bingo activities conducted beyond established bingo halls would not satisfy the statutory “suitability” criteria outlined in Chapter 3, Section 1 of the Gaming Act (2018:1138). Key requirements included ensuring high levels of safety and consumer protection, minimizing negative gambling impacts, and preventing criminal association. Spelinspektionen specifically highlighted public interest issues, noting that these retail environments could increase accessibility for children and young people due to diminished social oversight.

Conversely, in November 2024, the Administrative Court in Linköping sided with the association, disagreeing with Spelinspektionen's denial. This court concluded that the Gaming Act did not explicitly restrict non-temporary bingo solely to conventional bingo halls and acknowledged the need for flexibility to adapt to market changes. Consequently, the matter was returned for additional consideration, essentially nullifying the regulator’s initial refusal.

Following Spelinspektionen's appeal, the Administrative Court of Appeal in Jönköping reversed the Linköping court's November 2024 ruling. The appeals court emphasized that the Gaming Act reflects a cautious approach toward self-service gambling terminals, with specific limits on where gaming machines can be located. While certain exceptions exist for bingo, it is traditionally confined to highly controlled social environments such as bingo halls or licensed restaurants. The court agreed with the regulator’s assessment that placing bingo terminals in retail kiosks would undermine the protective context intended by the legislature, representing a significant shift from the current system of roughly 50 traditional bingo premises to nearly 300 dispersed retail locations.

The appeals court ultimately determined there were ample grounds under the statutory suitability criteria to deny the license. Föreningen Idrottens Spel i Sverige has voiced concerns that this decision could jeopardize bingo’s sustainability in Sweden and reduce vital funding streams for charitable causes.