Betting, Gaming and Lotteries Act 1963

10 Conduct of licensed betting offices. E+W+S

(1) A licensed betting office shall be managed in accordance with the rules set out in Schedule 4 to this Act, and in the case of any contravention of any of those rules the licensee and any servant or agent of the licensee by whom the contravention was committed shall be liable on summary conviction to a fine not exceeding [F1 level 3 on the standard scale]:

Provided that, where any person is charged with an offence under this subsection by reason only of his being the licensee, it shall be a defence to prove that the contravention took place without his consent or connivance and that he exercised all due diligence to prevent it.

[F2 (1A) The Secretary of State may, from time to time, by order made by statutory instrument amend the provisions of Schedule 4 to this Act so as to make new provision with respect to the facilities (other than those in respect of which a betting office licence is required) that may be provided in a licensed betting office; and, without prejudice to the generality of the foregoing, such an order may—

(a) require compliance with such restrictions as may be specified in the order in relation to—

(i) the use in a licensed betting office of any apparatus for making information or other material available in the form of sounds or visual images or both;

(ii) the use of a licensed betting office for any form of entertainment; and

(iii) the provision in a licensed betting office of any form of refreshment;

(b) provide that paragraphs 1 and 4 of that Schedule shall be construed, subject to those restrictions, as not prohibiting such of the things referred to in sub-paragraphs (i) to (iii) of paragraph (a) of this subsection, as may be specified in the order;

(c) repeal paragraph 5 of that Schedule.

(1B) Notwithstanding anything in an order under sub-section (1A) of this section, Schedule 4 to this Act shall continue to have the effect of prohibiting the provision in a licensed betting office of any facility in respect of which a licence under the Licensing Act M1 1964 or the Licensing (Scotland) Act M2 1976 is required.

(1C) An order under subsection (1A) of this section shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.]

(2) Without prejudice to any other right to refuse a person admission to premises or to expel a person from premises, in the case of a licensed betting office the licensee or any servant or agent of his may refuse to admit to, or may expel from, the licensed premises any person who is drunken, violent, quarrelsome or disorderly, or whose presence on those premises would subject the licensee or any servant or agent of his to a penalty under [F3 subsection (1) of this section]; and if any person liable to be expelled from the licensed premises under this subsection, when requested by the licensee, any servant or agent of the licensee or any constable to leave those premises, fails to do so, he shall be liable on summary conviction to a fine not exceeding [F1 level 1 on the standard scale].

(3) Any constable may, on the request of the licensee or any servant or agent of the licensee, help to expel from a licensed betting office any person whom the constable has reasonable cause to believe to be liable to be expelled therefrom under subsection (2) of this section; and the constable may use such force as may be required for that purpose.

(4) Any constable may enter any licensed betting office for the purpose of ascertaining whether the provisions of subsection (1) of this section are being complied with, and any person who obstructs any constable in the exercise of his powers under this subsection shall be liable on summary conviction to a fine not exceeding [F1 level 1 on the standard scale].

(5) If, [F4 any advertisement, other than an advertisement to which subsection (6) of this section applies,]is published—

(a) indicating that any particular premises are a licensed betting office; or

(b) indicating where any such office may be found; or

(c) drawing attention to the availability of, or to the facilities afforded to persons resorting to, such offices,

then, in the case of an advertisement in connection with the office or offices of a particular licensee, that licensee, and in every case any person who published the advertisement or caused or permitted it to be published, shall be guilty of an offence:

Provided that it shall be a defence for any person charged with an offence under this subsection to prove—

(i)

that he did not know and had no reasonable cause to suspect that the advertisement was, and that he had taken all reasonable steps to ascertain that it was not, such an advertisement as aforesaid; or

(ii)

if he is charged by reason only of being a licensee, that the advertisement was published without his consent or connivance and that he exercised all due diligence to prevent the publishing of any such advertisement in connection with his office or offices.

[F5 (6) The subsection applies to an advertisement if—

(a) it is published inside but not outside a licensed betting office; or

(b) it complies with such restrictions as may be prescribed and is, in such manner as may be prescribed, published outside a licensed betting office—

(i) from a place inside such an office; or

(ii) in premises giving access to such an office; or

(iii) by being painted on or otherwise attached to the outside of such an office or the outside of premises in which such an office is situated.]

Textual Amendments

F1 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F2 S. 10(1A)–(1C) inserted by Betting, Gaming and Lotteries (Amendment) Act 1984 (c. 25, SIF 12:1), s. 1(1)

F3 Words substituted by Betting, Gaming and Lotteries (Amendment) Act 1984 (c. 25, SIF 12:1), s. 1(2)

F4 Words substituted by Betting, Gaming and Lotteries (Amendment) Act 1984 (c. 25, SIF 12:1), s. 2

F5 S. 10(6) inserted by Betting, Gaming and Lotteries (Amendment) Act 1984 (c. 25, SIF 12:1), s. 2

Modifications etc. (not altering text)

C1 Mode of trial in s. 10(5) specified (S.) (1.4.1996) by 1995 c. 46, ss. 292(1), 309(2), Sch. 10 para. 4(b) (with ss. 24(2), 307(2))

Marginal Citations

M1 1964 c.26 (68A:1).

M2 1976 c.66 (68A:2).