The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985

Restrictions on advertisements relating to gaming N.I.

130.—(1) Except as provided by this Article, no person shall issue, or cause to be issued, any advertisement—

(a) informing the public that any premises in Northern Ireland are premises on which gaming takes place or is to take place, or

(b) inviting the public to take part as players in any gaming which takes place, or is to take place, on any such premises, or to apply for information about facilities for taking part as players in any gaming which takes place, or is to take place, in Northern Ireland, or

(c) inviting the public to subscribe any money or money's worth to be used in gaming whether in Northern Ireland or elsewhere, or to apply for information about facilities for subscribing any money or money's worth to be so used,

and, subject to paragraph (6), any person who contravenes this paragraph shall be guilty of an offence.

(2) Paragraph (1) does not apply to any advertisement in so far as it relates to gaming which is, or is to be,—

(a) gaming by way of gaming machine at exempt entertainments to which Article 122 applies; or

(b) gaming at entertainments to which Article 126 applies; or

(c) gaming by way of gaming machine on premises used wholly or mainly for the provision of amusements by means of gaming machines in respect of which an amusement permit is in force; or

(d) gaming at any travelling showmen's pleasure fair[F1 or]

[F1 (e) gaming in the form of playing bingo.]

.

[F1 (3) Paragraph (1) does not apply to the publication or display of a notice, where the notice is required to be published or displayed by any provision of Schedules 9 to 14 and the publication or display is so made as to comply with the requirements of that provision.]

Para. (4) rep. by 2004 NI 1

(5) Where a person is charged with an offence under this Article it shall be a defence to prove that he is a person whose business it is to publish or arrange for the publication of advertisements and that he received the advertisement in question for publication in the ordinary course of business and did not know and had no reason to suspect that its publication would amount to an offence under this Article.

(6) For the purposes of this Article an advertisement issued by displaying or exhibiting it shall be treated as issued on every day on which it is displayed or exhibited.

Para. (7) rep. by 2004 NI 1

(8) In this Article—

• “advertisement” includes every form of advertising, whether in a publication or by the display of notices or by means of circulars or other documents or by an exhibition of photographs or a cinematograph film, or by way of sound broadcasting or television,[F2 or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service,] and references to the issue of an advertisement shall be construed accordingly;

• “the public” means the public in Northern Ireland, and includes any section of the public, however selected.

F1 2004 NI 1

F2 1990 c. 42