Betting and Gaming Duties Act 1981

Part I U.K. Exemptions from requirement of Excise Licence

Charitable entertainments, etc.U.K.

1(1)[F1An][F2amusement machine] licence shall not be required in order to authorise the provision of [F1an][F2amusement machine] at an entertainment (whether limited to one day or extending over two or more days), being a bazaar, sale of work, fête, dinner, dance, sporting or athletic event or other entertainment of a similar character, where the conditions of this paragraph are complied with in relation to the entertainment.U.K.

(2)The conditions of this paragraph are that—

(a)the whole proceeds of the entertainment (including the proceeds [F3from any amusement machines]) after deducting the expenses of the entertainment, including any expenses incurred in connection with the provision of [F4amusement machines] and of prizes to successful players of the machines will be devoted to purposes other than private gain; and

(b)the opportunity to win prizes by playing the machine (or that machine and [F5and any other amusement machines provided] at the entertainment) does not constitute the only, or the only substantial, inducement for persons to attend the entertainment.

[F6(3)In construing sub-paragraph (2)(a) above, proceeds of an entertainment promoted on behalf of a society falling within this sub-paragraph which are applied for any purpose calculated to benefit the society as a whole shall not be held to be applied for purposes of private gain by reason only that their application for that purpose results in benefit to any person as an individual.

(4)A society falls within sub-paragraph (3) above if it is established and conducted either—

(a)wholly for purposes other than purposes of any commercial undertaking, or

(b)wholly or mainly for the purpose of participation in or support of athletic sports or athletic games;

and in this paragraph “society” includes any club, institution, organisation or association of persons, by whatever name called, and any separate branch or section of such a club, institution, organisation or association.]

Textual Amendments

F1Word in Sch. 4 para. 1(1) substituted for “a” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(b).

F2Words in Sch. 4 para. 1(1) substituted (1.5.1995) for “gaming machine” by 1995 c. 4, s. 14, Sch. 3 para. 11(a).

F3Words in Sch. 4 para. 1(2)(a) substituted for “of gaming by means of any machine” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(2)(a).

F4Words in Sch. 4 para. 1(2)(a) substituted for “gaming machines” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(a).

F5Words in Sch. 4 para. 1(2)(b) substituted for “and any other provided for gaming” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(2)(b).

Pleasure fairsU.K.

2U.K.F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7Sch. 4 para. 2 repealed (with effect as mentioned in s. 12(8) of the amending Act) by Finance Act 2006 (c. 25), ss. 12(7), 178, Sch. 26 Pt. 1(2) (with s. 12(9)-(11))

3U.K.F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8Sch. 4 para. 3 repealed (with effect as mentioned in s. 12(8) of the amending Act) by Finance Act 2006 (c. 25), ss. 12(7), 178, Sch. 26 Pt. 1(2) (with s. 12(9)-(11))

[F9Seasonal licences]U.K.

Textual Amendments

F9Crossheading substituted (3.5.1994 with effect in relation to gaming machine licences granted for the period of six months beginning with 1.4.1994) by 1994 c. 9, s. 6, Sch. 3 para. 4(1)(4).

[F104(1)If at any time during March of any year there has previously been granted a seasonal licence for that year authorising the provision of any number of [F11relevant machines]] on any premises and that licence has not been surrendered, it shall be treated for the purposes of this Act as authorising the provision at that time of that number of [F11relevant machines] on the premises.U.K.

(2)Where a seasonal licence is granted for any year authorising the provision of any number of [F11relevant machines] on any premises, and the licence is not surrendered, it shall be treated for the purposes of this Act as authorising [F12the provision of that number of relevant machines on the premises during the period in that year—

(a)beginning with 1st October; and

(b)ending with the Sunday before the first Monday in November.]

(3)Subject to sub-paragraph (4) below, in this Schedule “seasonal licence”, in relation to any year, means [F13an][F14amusement machine] licence expressed to authorise only the provision of [F11relevant machines] on any premises for the period of six months beginning with 1st April in that year.

(4)A licence in respect of any premises is not a seasonal licence in relation to any year if any [F14amusement machine] licence has been granted in respect of those premises for any period which includes the whole or any part of the preceding winter period.

(5)If in relation to any year—

(a)a seasonal licence is granted in respect of any premises, and

(b)another [F14amusement machine] licence is granted (whether before or after the grant of the seasonal licence or after the surrender of the seasonal licence) in respect of those premises for any period which includes the whole or any part of the following winter period (and does not include the whole or any part of the preceding winter period),

there shall (unless an amount has already become payable under this sub-paragraph in respect of the seasonal licence) be payable on the seasonal licence on the relevant date an additional amount of duty.

(6)The additional amount is the difference between the duty payable (apart from this paragraph) on that licence at the time it was granted and the amount that would have been so payable if the licence had been granted for a period of eight months or, in a case where the seasonal licence has been surrendered before the beginning of September, seven months.

(7)In sub-paragraph (5) above, the “relevant date” means—

(a)the date on which the seasonal licence is granted, or

(b)the date on which the other licence is granted,

whichever is the later.

[F15(7AA)Sub-paragraphs (4) and (5) above shall have effect where—

(a)an amusement machine is provided on any premises at any time in a winter period, and

(b)the provision of that machine on those premises at that time is authorised by a special amusement machine licence,

as if an amusement machine licence had been granted in respect of those premises for that winter period.]

[F16(7A)An amusement machine is a relevant machine for the purposes of this paragraph unless it is a gaming machine which is not a small-prize machine.]

(8)In this paragraph “winter period” means [F17the period beginning with the first Monday in November and ending with the last day of February].

Textual Amendments

F10Sch. 4 Pt. I para. 4 substituted (3.5.1994 with effect in relation to gaming licences granted for any period beginning on or after 1.4.1994) by 1994 c. 9, s. 6, Sch. 3 para. 4(1)(4).

F11Words in Sch. 4 Pt. I para. 4 substituted for “small-prize machines” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(4)(a).

F12Sch. 4 para. 4(2): words and sub paragraphs (a) and (b) substituted for words (28.7.2000 with effect as mentioned in Sch. 2 para. 8(4) of the amending Act) by 2000 c. 17, s. 17, Sch. 2 para. 8(2)

F13Word in Sch. 4 Pt. I para. 4(3) substituted for “a” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(b).

F14Words in Sch. 4 Pt. I para. 4(3)(4)(5)(b) substituted for “gaming machine” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).

F17Words in Sch. 4 para. 4(8) substituted (28.7.2000 with effect as mentioned in Sch. 2 para. 8(5) of the amending Act) by 2000 c. 17, s. 17, Sch. 2 para. 8(3)

Modifications etc. (not altering text)

C1Sch. 4 Pt. I para. 4(4)(5)(b) extended (3.5.1994 with effect in relation to gaming machine licences granted for any period beginning on or after 1.4.1994) by 1994 c. 9, s. 6, Sch. 3 para. 4(2)(4).