Gaming Act 1968 (repealed)

12 Who may participate in gaming to which Part II applies. E+W+S

(1) Where gaming to which this Part of this Act applies takes place on any premises, then, subject to the following provisions of this section, no person shall participate in the gaming—

(a) if he is not present on the premises at the time when the gaming takes place there, or

(b) on behalf of another person who is not present on the premises at that time.

(2) Where gaming to which this Part of this Act applies takes place on premises in respect of which a licence under this Act is for the time being in force, then, subject to the following provisions of this section, no person shall participate in the gaming unless either—

(a) he is a member of the club specified in the licence who, at the time when he begins to take part in the gaming, is eligible to take part in it, or

(b) he is a bona fide guest of a person who is a member of that club and who, at the time when the guest begins to take part in the gaming, is eligible to take part in it,

and neither the holder of the licence nor any person acting on his behalf or employed on the premises in question shall participate in the gaming.

[F1 (3) For the purposes of subsection (2) of this section a member of the club specified in the licence is eligible to take part in the gaming at any particular time if–

(a) he was admitted to membership of the club in pursuance of an application in writing–

(i) made by him in person on the premises, or

(ii) sent by him to those premises,

and at that time at least twenty-four hours have elapsed since his application was made or received there; or

(b) since becoming a member, he has given notice in writing in person on the premises of his intention to take part in gaming on the premises–

(i) to the holder of the licence, or

(ii) to a person acting on behalf of the holder of the licence,

and at that time at least twenty-four hours have elapsed since he gave that notice; or

(c) since becoming a member, he has sent notice in writing of his intention to take part in gaming on those premises to the holder of the licence, and at that time at least twenty-four hours have elapsed since the notice was received there.]

(4) Where gaming takes place on premises in respect of which a licence under this Act is for the time being in force, and consists of a game which involves playing or staking against a bank, nothing in subsection (1) or subsection (2) of this section shall prevent the holder of the licence or a person acting on his behalf from holding the bank or having a share or interest in it.

(5) For the purposes of subsection (2) of this section a person shall not be precluded from being a bona fide guest as mentioned in paragraph (b) of that subsection by reason only that he makes a payment which is lawfully required in accordance with section 14 of this Act.

(6) Where gaming to which this Part of this Act applies takes place on premises in respect of which a club or miners’ welfare institute is for the time being registered under this Part of this Act, no person shall participate in the gaming unless either—

(a) he is a member of the club or institute and there has been an interval of at least forty-eight hours between the time when he applied or was nominated for membership of the club or institute and the time when he begins to take part in the gaming, or

(b) he is a bona fide guest of a person who is a member of the club or institute and there has been an interval of at least forty-eight hours between the time when that person applied or was nominated for membership of the club or institute and the time when the guest begins to take part in the gaming;

and for the purposes of paragraph (b) of this subsection a person shall be taken not to be a bona fide guest if he himself makes any payment required for enabling him to obtain access to the premises, or to a part of them which is a part in which the gaming takes place, or if (apart from any stakes hazarded and the payment of any losses incurred by him in the gaming) he makes any payment in money or money’s worth in respect of the gaming.

(7) For the purposes of this section a person participates in the gaming if—

(a) he takes part in the gaming as a player, or

(b) where the game involves playing or staking against a bank, he holds the bank or has a share or interest in it.

(8) The preceding provisions of this section shall have effect subject to section 20 of this Act.

Textual Amendments

F1 S. 12(3) substituted (24.8.1999) by S.I. 1999/2136, art. 3

Modifications etc. (not altering text)

C1 S. 12 modified by Gaming (Bingo) Act 1985 (c. 35, SIF 12:1), s. 2(1)