Gambling Act 2005

Use of premises E+W+S

37 Use of premises E+W+S

(1) A person commits an offence if he uses premises, or causes or permits premises to be used, to—

(a) operate a casino,

(b) provide facilities for the playing of bingo,

(c) make a gaming machine available for use,

(d) provide other facilities for gaming, or

(e) provide facilities for betting (whether by making or accepting bets, by acting as a betting intermediary or by providing other facilities for the making or accepting of bets).

(2) Subsection (1) does not apply in relation to the use of premises by a person if the use is authorised by a premises licence held by him.

(3) Subsection (1) does not apply in relation to the use of premises by a person if he acts in the course of a business carried on by another person who holds a premises licence authorising the use.

(4) Subsection (1) does not apply in relation to the use of a track by a person for accepting bets if the use is authorised by a premises licence (whether or not held by him).

(5) Subsection (1) does not apply in relation to the use of a casino for the provision of facilities for bingo or betting in accordance with an authorisation under section 174(3).

(6) Subsection (1) does not apply in relation to the use of premises to provide facilities which are to be used only by persons who—

(a) are acting in the course of a business, or

(b) are not on the premises.

(7) Other exceptions to subsection (1) are provided in—

(a) sections 39 and 40,

(b) section 214 (temporary use notice),

(c) sections 247, 248 and 249 (gaming machines),

(d) sections 269, 271 and 273 (clubs and miners' welfare institutes),

(e) sections 279, 282 and 283 (premises with alcohol licence),

(f) section 287 (travelling fairs),

(g) sections 289 to 292 (prize gaming),

(h) section 296 (private gaming and betting), and

(i) section 298 (non-commercial gaming).

(8) 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.

(9) In the application of subsection (8) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

Commencement Information

I1 S. 37 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.)

38 Power to amend section 37 E+W+S

(1) The Secretary of State may by order amend section 37(1) so as to—

(a) add a gambling activity,

(b) remove a gambling activity, or

(c) vary the entry for a gambling activity.

(2) In subsection (1) “gambling activity” means an activity that is—

(a) a kind of gambling, or

(b) the provision of facilities for a kind of gambling.

(3) In particular, an order under subsection (1) may have the effect of applying section 37(1) to betting of the kind referred to in section 10(1) (subject to any specified exceptions).

(4) An order under subsection (1) may, in particular, make consequential amendment of—

(a) section 150;

(b) another provision of Part 8;

(c) any provision of this Act, or of another enactment, that relates to Part 8.

Commencement Information

I2 S. 38 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.)

39 Exception: occasional use notice E+W+S

(1) A person who accepts bets on a track, or who causes or permits premises to be used for the acceptance of bets, does not commit an offence under section 37 if—

(a) a notice has been given under this section in respect of the track, and

(b) the activity is carried on in accordance with the notice.

(2) A notice under this section (an “occasional use notice”) in respect of a track may be given only by a person who is—

(a) responsible for the administration of events on the track, or

(b) an occupier of the track.

(3) An occasional use notice must—

(a) be given in writing to the licensing authority for any area in which the track is wholly or partly situated, and

(b) be copied to either—

(i) in England and Wales, the chief officer of police for any area in which the track is wholly or partly situated, or

(ii) in Scotland, the chief constable of the police force maintained for the police area comprising that area.

(4) An occasional use notice must specify a day on which it has effect.

(5) An occasional use notice may not be given in respect of a track for a day in a calendar year if eight occasional use notices have been given in respect of that track for days in that year.

(6) In this section—

(a) “chief officer of police” has the meaning given by section 101(1) of the Police Act 1996 (c. 16), and

(b) a reference to a chief officer's area is a reference to the area in respect of which he has responsibility under that Act.

(7) The Secretary of State may by order amend subsection (5) so as to substitute a different maximum number of occasional use notices for a calendar year.

(8) An order under subsection (7) increasing the maximum number of occasional use notices for a calendar year may also make provision prohibiting the giving of a temporary use notice in a calendar year in respect of premises if a specified number of occasional use notices have been given in respect of the premises in that year.

Commencement Information

I3 S. 39 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.)

40 Exception: football pools E+W+S

(1) A person does not commit an offence under section 37 if he uses premises to do anything in accordance with an authorisation under section 93(3).

(2) The Secretary of State may make regulations disapplying subsection (1) to specified classes of premises.

Commencement Information

I4 S. 40 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.)