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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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“If the tax burden alone makes it impossible to establish the occupation of slot machine operators as the economic basis of one’s livelihood within the municipality,” the ruling said. 

Braun also argued that the public had been excluded from the preparatory finance committee meeting without justification.

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.