Gambling Act 2005

Part 14 E+W+S Private and Non-Commercial Gaming and Betting

Private gaming and betting E+W+S

295 Interpretation E+W+S

Schedule 15 (which defines private gaming and betting) shall have effect.

Commencement Information

I1 S. 295 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

296 Exceptions to offences E+W+S

(1) A person does not commit an offence under section 33 by providing facilities for—

(a) private gaming, or

(b) private betting.

(2) Section 37 shall not apply to or in respect of the use of premises to carry on—

(a) private gaming, or

(b) private betting.

(3) A person does not commit an offence under section 33 or 37 by making or accepting a bet, or by offering to make or accept a bet, if he acts otherwise than in the course of a business.

Commencement Information

I2 S. 296 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Non-commercial gaming and betting E+W+S

297 Interpretation E+W+S

(1) For the purposes of this Act gaming is non-commercial if it takes place at a non-commercial event (whether as an incidental activity or as the principal or only activity).

(2) An event is non-commercial if the arrangements for the event are such that no part of the proceeds is to be appropriated for the purpose of private gain.

(3) For the purposes of subsection (2) the proceeds of an event are—

(a) the sums raised by the organisers (whether by way of fees for entrance or for participation, by way of sponsorship, by way of commission from traders or otherwise), minus

(b) amounts deducted by the organisers in respect of costs reasonably incurred in organising the event.

Commencement Information

I3 S. 297 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

298 Exceptions to offences E+W+S

(1) A person does not commit an offence under section 33 by providing facilities for—

(a) non-commercial prize gaming which complies with the conditions in section 299, or

(b) non-commercial equal chance gaming which complies with the conditions in section 300.

(2) Section 37 shall not apply to or in respect of the use of premises to carry on—

(a) non-commercial prize gaming which complies with the conditions in section 299, or

(b) non-commercial equal chance gaming which complies with the conditions in section 300.

Commencement Information

I4 S. 298 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

299 Conditions for non-commercial prize gaming E+W+S

(1) This section specifies the conditions for non-commercial prize gaming mentioned in section 298.

(2) The first condition is that players are informed that the purpose of the gaming is to raise money for a specified purpose other than that of private gain.

(3) The second condition is that the arrangements for the gaming are such that the profits will be applied for a purpose other than that of private gain.

(4) The third condition is that the non-commercial event of which the gaming is part does not take place—

(a) on premises, other than a track, in respect of which a premises licence has effect,

(b) on a track at a time when activities are being carried on in reliance on a premises licence, or

(c) on premises at a time when activities are being carried on in reliance on a temporary use notice.

(5) The fourth condition is that the gaming is not remote.

(6) In this section “profits” in relation to gaming means—

(a) the aggregate of amounts—

(i) paid by way of stakes, or

(ii) otherwise accruing to the person organising the gaming directly in connection with it, minus

(b) amounts deducted by the person organising the gaming in respect of—

(i) the provision of prizes, or

(ii) other costs reasonably incurred in organising or providing facilities for the gaming.

Commencement Information

I5 S. 299 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

300 Conditions for non-commercial equal-chance gaming E+W+S

(1) This section specifies the conditions for non-commercial equal-chance gaming mentioned in section 298.

(2) The first condition is that persons participating in the gaming are informed that the purpose of the gaming is to raise money for a specified purpose other than that of private gain.

(3) The second condition is that the arrangements for the gaming are such that the profits will be applied for a purpose other than that of private gain.

(4) The third condition is that the arrangements for the gaming ensure compliance with regulations of the Secretary of State—

(a) limiting amounts staked;

(b) limiting participation fees;

(c) limiting other amounts paid by a person in connection with the gaming;

(d) limiting a combination of matters specified in paragraphs (a) to (c);

(e) limiting the amount or value of a prize;

(f) limiting the aggregate amount or value of prizes.

(5) Regulations under subsection (4) may, in particular—

(a) make provision by reference to whether or not a game is part of a series;

(b) make provision by reference to whether or not the non-commercial event of which the gaming is part is associated, as defined by the regulations, with another event;

(c) limit stakes in relation to a participant in more than one game;

(d) make different provision for different kinds of game or for games played in different circumstances.

(6) The fourth condition is that the non-commercial event of which the gaming is part does not take place—

(a) on premises, other than a track, in respect of which a premises licence has effect,

(b) on a track at a time when activities are being carried on in reliance on a premises licence, or

(c) on premises at a time when activities are being carried on in reliance on a temporary use notice.

(7) The fifth condition is that the gaming is non-remote.

(8) In this section “profits” in relation to gaming means—

(a) the aggregate of amounts—

(i) paid by way of stakes, or

(ii) otherwise accruing to the person organising the gaming directly in connection with it, minus

(b) amounts deducted by the person organising the gaming in respect of—

(i) the provision of prizes, or

(ii) other costs reasonably incurred in organising or providing facilities for the gaming.

Commencement Information

I6 S. 300 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

301 Misusing profits of non-commercial prize gaming E+W+S

(1) This section applies to—

(a) non-commercial prize gaming in respect of which a fund-raising purpose has been specified as mentioned in section 299(2), and

(b) non-commercial equal-chance gaming in respect of which a fund-raising purpose has been specified as mentioned in section 300(2).

(2) A person commits an offence if he uses any part of the profits of gaming to which this section applies for a purpose other than that specified.

(3) The reference in subsection (2) to the use of profits includes a reference to permitting profits to be used.

(4) A person guilty of an offence under this section shall be liable on summary conviction to—

(a) imprisonment for a term not exceeding 51 weeks,

(b) a fine not exceeding level 5 on the standard scale, or

(c) both.

(5) In the application of subsection (4) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

(6) In this section “profits” has the same meaning as in sections 299 and 300.

Commencement Information

I7 S. 301 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

302 Non-commercial betting E+W+S

For the purposes of this Act a betting transaction is non-commercial betting if no party to the transaction—

(a) enters it in the course of a business, or

(b) holds himself out as being in business in relation to the acceptance of bets.

Commencement Information

I8 S. 302 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)