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Atucha warns there is a tipping point where higher taxes can undermine channelisation, citing the UK and Germany as important case studies.
“I sometimes wish regulators would look at other cases,” he adds. “I mean, what happened in Germany, what’s happening in the UK.”
This risk is particularly apparent when many offshore operators are established brands rather than unknown entities.
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But the court said that point did not affect the validity of the by-law, adding that it saw no evidence of a tax that would choke businesses.
The judges highlighted the number of gaming halls in the city remained largely stable after the increase.
The court also dismissed the equal-treatment argument, noting that gaming machines are taxed by the municipality while casino taxation falls to Hesse.
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This could precipitate as many as 1,470 shop closures and the loss of up to 15,900 jobs, according to figures commissioned via the Betting and Gaming Council and consultancy firm EY.
David further emphasised the impact such a tax rise would have on high street workers and communities.
“They are people losing their jobs and communities losing long-established high-street businesses,” David wrote.