The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985

General restrictions on betting N.I.

Restriction on use of premises for betting transactions N.I.

3.—(1) Subject to [F1 paragraphs (1A) and (2)], it shall be unlawful for any person to use, or cause or permit any other person to use, any premises for the purpose of the effecting of any betting transactions by that person or, as the case may be, that other person with persons resorting to those premises.

[F1 (1A) Subject to paragraphs (1B) and (1C), paragraph (1) shall not apply to the use of premises as a place where persons may deliver—

(a) completed coupons or other entry forms for qualifying competitions promoted by a registered pool promoter within the meaning of section 4(2) of the Betting, Gaming and Lotteries Act 1963, who carries on his pool betting business by post[F2 and any of such other means as may be prescribed by regulations]; and

(b) the stake money in respect of such coupons or other entry forms,

for forwarding to the registered pool promoter.

(1B) Paragraph (1A) shall not affect the operation of paragraph (1) in relation to such premises as may be prescribed by regulations.

(1C) In paragraph (1A), the reference to coupons or other entry forms for qualifying competitions does not include any coupon or other entry form that can effect entry to a competition that is not a qualifying competition.

(1D) In paragraphs (1A) and (1C), “qualifying competition” means a competition—

(a) that is a competition for prizes for making forecasts as to association football gamesF2 . . . , and

(b) that requires each entry in the competition to consist of a forecast as to at least 4 such games.]

(2) Paragraph (1) shall not apply—

(a) where the premises are a licensed office and the person using the premises or, as the case may be, the other person is the licensed bookmaker who is the holder of the bookmaking office licence or his servant or agent;

(b) subject to paragraph (3), to bookmaking or a pool betting business carried on on any track on any day on which under Articles 36, 47 and 48 betting may lawfully be carried on on the track;

(c) where both the person using the premises and all the persons with whom the betting transactions are effected either reside or work on those premises or on premises of which those premises form part.

(3) [F2 Subject to paragraph (3A),] nothing in paragraph (2)(b) shall affect the operation of paragraph (1) in relation to the use on a track by a licensed bookmaker for the purposes of his business—

(a) of any permanent structure other than a structure used by him in common with members of the public resorting to the track; or

(b) of any position specially appropriated for his use by, or by any person purporting to act on behalf of, the occupier of the track.

[F2 (3A) In the case of a licensed track, paragraph (3) shall not apply in relation to the use of a permanent structure by a licensed bookmaker for the purposes of his business if—

(a) the use takes place on a day on which the public are admitted to the track for the purpose of attending horse or, as the case may be, dog racing and no other sporting events are taking place; and

(b) no betting transactions in connection with races run on the track are effected in the course of the use.]

(4) Any person acting in contravention of paragraph (1) shall be guilty of an offence.

F1 1994 NI 8

F2 2004 NI 1

Persons found on premises used for betting transactions N.I.

4.—(1) Any person found on any premises which are being used in contravention of Article 3(1) shall, unless he proves that he is there for a lawful purpose, be guilty of an offence.

(2) Where, on being asked by a constable for his name and address, a person found as mentioned in paragraph (1)—

(a) refuses to give them, or

(b) gives a false name or address, or

(c) refuses to answer satisfactorily any question put to him to ascertain the correctness of the name or address given,

he shall be guilty of an offence.

(3) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 Art. 4(3) repealed (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 15(4), 41(2), Sch. 1 para. 23, Sch. 2

Prohibition of betting in streets and public places N.I.

5.—(1) Any person frequenting or loitering in a street or public place, on behalf either of himself or of any other person, for the purpose of bookmaking, betting, agreeing to bet, or paying, receiving or settling bets shall be guilty of an offence.

(2) [F4 Where a person is found committing an offence under this Article, any constable] may seize and detain any books, cards, papers and other articles relating to betting which may be found in his possession.

(3) In this Article—

(a) “street” includes any bridge, road, lane, footway, subway, square, court, alley or passage, whether a thoroughfare or not, which is open to the public; and

(b) the doorways and entrances of premises abutting upon, and any ground adjoining and open to, a street shall be treated as forming part of the street.

F4 1989 NI 12