Gaming Act 1968 (repealed)

6 General provisions as to gaming on premises licensed for retail sale of liquor.F18 E+W+S

(1) The restriction imposed by section 5(1) of this Act does not apply—

(a) to the playing of dominoes or cribbage on any premises to which this section applies, or

(b) in the case of any particular premises to which this section applies, to the playing of any other game which is authorised to be played on those premises by an order under subsection (3) of this section which is for the time being in force.

[F1 (2) [F2 This section applies to any premises in England and Wales—

(a) in respect of which a premises licence under Part 3 of the Licensing Act 2003 (c. 17) has effect,

(b) which contain a bar at which alcohol is served for consumption on the premises (without a requirement that alcohol is served only with food), and

(c) at a time when alcohol may be supplied in reliance on the premises licence under Part 3 of the Licensing Act 2003.]

(2A) This section also applies to any premises in Scotland in respect of which a hotel licence or public house licence under the Licensing (Scotland) Act 1976 is in force.]

(3) On the application—

[F3 (a) of the holder of the licence which has effect in respect of any premises to which this section applies,]

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

[F5 the relevant licensing authority, or, in Scotland, the licensing board for the licensing area in which the premises are situated,] may by order authorise the playing on those premises of a game specified in the order, other than dominoes and cribbage.

(4) In respect of any premises to which this section applies [F6 the relevant licensing authority, or, in Scotland, the licensing board for the licensing area in which the premises are situated,] may by order impose such requirements or restrictions with respect to gaming by the playing of dominoes or cribbage, or of any game authorised by virtue of subsection (3) of this section, in a part of those premises to which the public have access as [F7 the authority] or [F8 board] may consider necessary to secure that any such gaming in that part of the premises does not take place—

(a) for high stakes, or

(b) in such circumstances as to constitute an inducement to persons to resort to the premises primarily for the purpose of taking part in any such gaming.

(5) Where an order under subsection (3) or subsection (4) of this section has been made by [F9 a licensing authority or a licensing board, the authority or board] may at any time revoke or vary the order by a subsequent order.

(6) On making any order under this section [F10 the relevant licensing authority or the] licensing [F8 board] shall give notice of the making of the order—

[F11 (a) to the holder of the licence,]

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

and shall send a copy of the notice to the chief officer of police, or, in Scotland, the chief constable, for [F13 each police area] in which the premises are situated; and any such order shall come into force on the giving of the notice to the holder of the licence . . . F14 , . . . F15 , and, subject to any subsequent order revoking or varying it, shall continue in force so long as the premises continue to be premises to which this section applies.

(7) Nothing in this section, or in any order made under this section, shall be construed as affecting the operation of sections 2 to 4 of this Act in relation to gaming on any premises to which this section applies.

[F16 (7A) A function conferred by this section on a licensing authority is, for the purposes of section 7 of the Licensing Act 2003 (exercise and delegation by licensing authority of licensing functions), to be treated as a licensing function within the meaning of that Act.]

[F17 (8) In this section—

“licensing area” has the same meaning as in the Licensing (Scotland) Act 1976,

“licensing authority” and “premises licence” have the same meaning as in the Licensing Act 2003,

“relevant licensing authority”, in relation to premises in respect of which a premises licence has effect, means the authority determined in relation to those premises in accordance with section 12 of that Act, and

“supply of alcohol” has the meaning given in section 14 of that Act.]

Textual Amendments

F1 S. 6(2)(2A) substituted for s. 6(2) (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 49(2) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 3, Sch.)

F2 S. 6(2) substituted (24.11.2005) by Gambling Act 2005 (c. 19), s. 358(1), Sch. 16 para. 3(2) (with ss. 352, 354, Sch. 16 para. 21); S.I. 2005/2455, art. 2(2)

F3 S. 6(3)(a) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 49(3)(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 3, Sch.)

F4 S. 6(3)(b) and the preceding “or” repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. XIII

F5 Words in s. 6(3) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 49(3)(b) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 3, Sch.)

F6 Words in s. 6(4) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 49(4)(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 3, Sch.)

F7 Words in s. 6(4) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 49(4)(b) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 3, Sch.)

F8 Word substituted (S.) by Licensing (Scotland) Act 1976 (c. 66) Sch. 7 para. 9(b)-(e)

F9 Words in s. 6(5) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 49(5) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 3, Sch.)

F10 Words in s. 6(6) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 49(6)(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 3, Sch.)

F11 S. 6(6)(a) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 49(6)(b) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 3, Sch.)

F12 Paragraph(b) and the preceding “or” repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. XIII

F13 Words in s. 6(6) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 49(6)(c) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 3, Sch.)

F14 Words repealed (S.) by Licensing (Scotland) Act 1976 (c. 66), Sch. 8

F15 Words repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. XIII

F16 S. 6(7A) inserted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 49(7) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 3, Sch.)

F17 S. 6(8) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 49(8) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 3, Sch.)

Textual Amendments applied to the whole legislation

F18 Act repealed (1.10.2005 for purposes of the repeal of s. 10, Sch. 1) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2005/2455, art. 2(1), Sch.