PAS Calls For Federal Review Of Gambling License Policy

PAS has urged the federal government to review its policy on the issuance and renewal of gambling licenses, including considering a halt to new licenses, to curb the social and moral harms associated with the activity.

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PAS information chief Ahmad Fadhli Shaari said the matter was approved through a motion without debate at the party’s 72nd muktamar. The motion was tabled by Baling PAS at the muktamar, held at the Pusat Tarbiah Islamiah Kelantan.

The motion also referred to the Kedah government’s efforts to stop renewing local business licences for 4D betting and lottery outlets from Jan 1, 2023.

Court Rulings On Kedah Licenses

On Aug 12, the Federal Court rejected the Kedah government’s attempt to overturn a ruling by the Court of Appeal that barred the state administration from refusing to renew local business licenses for pool betting and lottery businesses solely on the grounds that it was against gambling.

Fadhli said the court rulings showed the limitations faced by state governments and local authorities in taking a stricter approach towards gambling premises, as matters relating to gambling and licensing are subject to the division of powers under the Federal Constitution.

Call For Federal Action

Therefore, the PAS muktamar resolved to urge the federal government, through the finance ministry, to review its policy on the issuance and renewal of gambling licenses, including considering a halt to the issuance of new licenses.

The motion also called for PAS MPs to raise the matter in the Dewan Rakyat to review and propose amendments to the relevant federal laws, so that state governments would have clearer and lawful room to determine stricter policies on the operation of gambling premises. The objective is to ensure that measures to curb gambling activities are firmly grounded in law.

State And Federal Powers

The court rulings highlighted the division of powers under the Federal Constitution. Matters relating to gambling and licensing fall under federal jurisdiction, while state governments and local authorities face limitations in regulating gambling premises.

The appellate court had previously ruled that the state government could only regulate business licenses based on premises-related factors, including building conditions, safety compliance, sanitation, causing a nuisance, and the suitability of locations.

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PAS Muktamar Motion Details

The motion approved at the 72nd PAS muktamar combines a call for federal policy review with proposals for parliamentary action and state-level strengthening of laws and administrative mechanisms.

PAS MPs are expected to raise the matter in the Dewan Rakyat to seek amendments to relevant federal laws. The aim is to provide state governments with clearer and lawful room to determine stricter policies on the operation of gambling premises.

State governments, particularly those administered by PAS and Perlis, are also called upon to strengthen existing laws, local authority policies, and administrative mechanisms. The objective is to ensure that measures to curb gambling activities are firmly grounded in law.

Next Steps For PAS And State Governments

The PAS muktamar motion now moves to the federal and state levels. The party will urge the finance ministry to review the gambling license policy, while PAS MPs will seek to raise the issue in the Dewan Rakyat.

State governments administered by PAS and Perlis are expected to review existing laws and administrative mechanisms. The motion seeks both federal policy changes and state-level strengthening of laws and policies related to gambling premises.

The Federal Court and Court of Appeal rulings remain central to the debate. The decisions limit state governments’ ability to refuse license renewals on gambling grounds, while the PAS muktamar calls for federal review and potential legislative amendments to address those limitations.

The motion links the Kedah license dispute, the court rulings, and the call for federal and state action. PAS will now pursue the matter through the finance ministry, the Dewan Rakyat, and state-level policy reviews.

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Source: Free Malaysia Today