Case on gambling restrictions within the administrative territory of the Riga City Municipality initiated at the Constitutional Court
The case “On the compliance of paragraphs 2 and 3 of the Riga City Council Binding Regulation No. RD‑25‑330‑sn of 26 March 2025 “Regarding Gambling Restrictions in the Administrative Territory of Riga City Municipality” with Article 1 and the first three sentences of Article 105 of the Constitution of the Republic of Latvia” was initiated at the Constitutional Court on 27 August.
The contested provisions determine the locations and territories within the administrative territory of the Riga City Municipality where it is not permitted to organise gambling activities and also govern the actions of the municipality in cases where a permit has been obtained previously to organise gambling activities in locations or territories where such activities are currently not allowed. It is prohibited to organise gambling activities at municipality-owned properties, in neighbourhood centres, on the premises of educational institutions and within 300 metres of their buildings and territories, as well as at railway stations, bus stations, airports, and passenger ports, within 500 metres of railway stations, bus stations, airports, and passenger ports, and within 300 metres of other public transport stops. The gambling restrictions also apply to certain functional zones and cultural monuments, as well as to the building protection areas and protection zones defined in the Riga Spatial Plan. Four-star and five-star hotels are exempt from the gambling restrictions. In addition, the contested provisions provide for the revocation of previously issued permits if the organisation of gambling activities takes place in a specific location or territory, as well as that the issued permit shall expire five years after the date on which the relevant decision of the Riga City Council has entered into force.
The application was submitted by three commercial companies that have obtained permits to organise gambling activities in the administrative territory of the Riga City Municipality.
It is stated in the application that, although the contested provisions define specific locations and territories in the administrative territory of the Riga City where the organisation of gambling activities is prohibited, as a result of their application such commercial activity is in fact prohibited in the entire administrative territory of the Riga City. According to the applicants, the contested provisions restrict commercial activity and the right to own property, as well as violate the principle of legal certainty and the principle of protection of legitimate expectations. Hence, the contested provisions fail to comply with Article 1 and the first three sentences of Article 105 of the Constitution.
The Constitutional Court has addressed the Riga City Council with the request to submit by 27 October 2025 a letter of response detailing the factual circumstances of the case along with the legal justification thereof. The deadline for the preparation of the case is 27 January 2026. The Court shall decide on the procedure and date for hearing the case once the case is prepared.
Linked case: 2025-32-03