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

Amusements with prizes N.I.

Amusements with prizes at exempt entertainments N.I.

153.—(1) This Article applies to the provision at any exempt entertainment of any amusement with prizes which constitutes a lottery or gaming or both but which is not—

(a) gaming on bingo club premises; or

(b) gaming by means of a gaming machine.

(2) Where any such amusement constitutes a lottery, nothing in Article 131 or 132 shall apply to it but in relation to any such amusement (whether it constitutes a lottery or not) the conditions set out in paragraph (3) shall be observed.

(3) The conditions referred to in paragraph (2) are—

(a) that the whole proceeds of the entertainment (including the proceeds from the provision of the amusement with prizes), after deducting, subject to paragraph (9), the expenses of the entertainment, shall be devoted to purposes other than private gain; and

(b) that chances to win a prize shall not be sold nor shall the result be declared, except on the premises on which the entertainment takes place and during the progress of the entertainment; and

(c) that the facilities for winning prizes at amusements to which this Article applies, or those facilities together with any other facilities for participating in lotteries or gaming, shall not be the only, or the only substantial, inducement to persons to attend the entertainment.

(4) Regulations may impose such restrictions (in addition to those specified in paragraph (3)) as the Department may consider necessary or expedient with respect to the provision of an amusement to which this Article applies.

(5) The person who organises the exempt entertainment shall—

(a) make, and keep for a period of at least 18 months, records and accounts relating to that entertainment;

(b) record in those accounts the purposes for which the proceeds of the entertainment are to be applied; and

(c) inform all potential participants of those purposes.

(6) Any person who organises an exempt entertainment at which amusements to which this Article applies are to be provided shall, not less than 7 days before the date on which the entertainment is to take place, serve notice of the entertainment upon the sub-divisional commander of the police sub-division in which the premises where the entertainment is to take place are situated.

(7) If any of the provisions of this Article or of any regulations made under this Article is contravened in relation to the provision of any amusement with prizes every person concerned in the provision or conduct of that amusement shall be guilty of an offence.

(8) In any proceedings for an offence under paragraph (7) it shall be a defence for any person charged to prove that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.

(9) The reference to expenses in paragraph (3)(a) shall not include a reference to any charge mentioned in Article 2(9) and falling to be determined as there mentioned.

Amusements with prizes at certain other places N.I.

154.—(1) This Article applies to the provision at the places specified in paragraph (2) of any amusement with prizes which constitutes a lottery or gaming or both but which is not—

(a) gaming on bingo club premises; or

(b) gaming by means of a gaming machine.

(2) The places referred to in paragraph (1) are—

(a) premises in respect of which a pleasure permit is in force;

(b) premises used wholly or mainly for the provision of amusements and in respect of which an amusement permit is in force; or

(c) a travelling showmen's pleasure fair.

(3) Where any such amusement constitutes a lottery, nothing in Article 131 or 132 shall apply to it but in relation to any such amusement (whether it constitutes a lottery or not) the conditions set out in paragraph (4) shall be observed.

(4) The conditions referred to in paragraph (3) are—

(a) that the amount paid by any 1 person for any 1 chance to win a prize does not exceed £0.30; and

(b) that the aggregate amount taken by way of the sale of chances in any 1 determination of winners, if any, of prizes does not exceed[F1 £30], and that the sale of those chances and the declaration of the result take place on the same day and on the premises on which, and during the time when, the amusement is provided; and

(c) that no money prize is distributed or offered which exceeds £0.30; and

(d) that the winning of, or the purchase of a chance to win, a prize does not entitle any person, whether or not subject to a further payment by him, to any further opportunity to win money or money's worth by taking part in any amusement with prizes or in any gaming or lottery; and

(e) that, in the case of a group game, the amount of money staked in the game is prominently displayed before the game has ended; and

(f) in the case of a travelling showmen's pleasure fair, that the opportunity to win prizes at amusements to which this paragraph applies is not the only, or the only substantial, inducement to persons to attend the fair.

(5) If any of the provisions of this Article is contravened in relation to the provision of any amusement with prizes—

(a) every person concerned in the provision or conduct of that amusement, and

(b) in a case falling within paragraph (2)(a) or (b), the holder of the pleasure permit or, as the case may be, the amusement permit,

shall be guilty of an offence.

(6) In any proceedings for an offence under paragraph (5) it shall be a defence for any person charged to prove that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.

(7) The Department may, by order subject to affirmative resolution, substitute for any amount specified in paragraph (4) such other amount as may be specified in the order.

F1 SR 1996/572