(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(2)No more than one [F2whole-year ordinary licence, one half-year ordinary licence and one quarter-year] licence shall be in force at any time as respects the gaming machines on any premises except that there may be one [F3of each such] licence as respects the gaming machines chargeable at one rate, and one [F3of each such] licence as respects the gaming machines chargeable at another rate.
(3)Gaming machines chargeable at a particular rate shall not be provided on any such premises in excess of the number authorised by the licence [F4or licences] authorising the provision of gaming machines chargeable at that rate [F5; but any gaming machine with respect to which there is in force a special licence shall be disregarded for the purposes of this subsection.].
(4)Where a licence which authorises the provision of gaming machines chargeable at one rate only is in force in respect of any such premises, gaming machines chargeable at any other rate shall not be provided for gaming on those premises unless another licence authorising the provision of gaming machines chargeable at that other rate is also in force in respect of the premises [F6or there are special licences in force with respect to those machines].
(5)If any gaming machine is provided for gaming on any premises in contravention of [F7section 21(1) above or] this section, any person who at the time when it is so provided—
(a)is the owner, lessee or occupier of the premises, or
(b)is for the time being responsible to the owner, lessee or occupier for the management of the premises, or
(c)is a person responsible for issuing or exchanging coins or tokens for use in playing any gaming machine on the premises, or otherwise for controlling the use of any such machine, or
(d)is for the time being responsible for controlling the admission of persons to the premises or for providing persons resorting thereto with any goods or services, or
(e)is the owner or hirer of the machine, or
(f)is a party to any contract under which a gaming machine may, or is required to, be on the premises at that time,
shall be guilty of an offence and liable on summary conviction to [F8a penalty of level 5 on the standard scale.]
(6)If any gaming machine is provided for gaming on any premises in contravention of [F7section 21(1) above or] this section and any such person as is mentioned in subsection (5) above knowingly or recklessly brought about the contravention or took any steps with a view to procuring it he shall be guilty of an offence and liable—
[F9(a)on summary conviction to a penalty—
(i)of the prescribed sum, or
(ii)of an amount equal to three times the amount of duty payable on a whole-year [F10ordinary] licence for those premises and that machine or, where more than one machine has been provided on those premises in contravention of this section, those machines (whether or not the duty has been paid),
whichever is the greater, or to imprisonment for a term not exceeding six months or to both such penalty and imprisonment;]
(b) on conviction on indictment to a penalty of any amount or to imprisonment for a term not exceeding two years or to both.
Textual Amendments
F1S. 24(1) repealed by Finance Act 1984 (c. 43, SIF 12:2), ss. 7(1)(2), 128(6), Sch. 3 Pt. I para. 6(a), Sch. 23 Pt. II Note
F2Words substituted by Finance Act 1984 (c. 43, SIF 12:2), s. 7(1)(2), Sch. 3 para. 6(b)
F3Words inserted by Finance Act 1984 (c. 43, SIF 12:2), s. 7(1)(2), Sch. 3 para. 6(b)
F4Words inserted by Finance Act 1984 (c. 43, SIF 12:2), s. 7(1)(2), Sch. 3 para. 6(c)
F5Words added by Finance Act 1984 (c. 43, SIF 12:2), s. 7(1)(2), Sch. 3 para. 6(c)
F6Words added by Finance Act 1984 (c. 43, SIF 12:2), s. 7(1)(2), Sch. 3 para. 6(d)
F7Words inserted by Finance Act 1984 (c. 43, SIF 12:2), s. 7(1)(2), Sch. 3 para. 6(e)
F8Words substituted by Finance Act 1985 (c. 54, SIF 12:2), s. 8, Sch. 5 Pt. I para. 5
F9S. 24(6)(a) substituted by Finance Act 1982 (c. 39, SIF 12:2), s. 8, Sch. 6 Pt. V para. 12
F10Words substituted by Finance Act 1984 (c. 43, SIF 12:2), s. 7(1)(2), Sch. 3 para. 6(f)