PART VIMISCELLANEOUS
Cheating169
Every person who by any fraud or cheat in organising or managing or assisting in organising or managing or in providing facilities for any game or in acting as banker for those who play or in playing at, or in wagering on the event of, any game, sport, pastime or exercise wins from any other person or causes or procures any person to win from another any property shall be guilty of an offence.
Gaming and wagering contracts void170
1
Every contract by way of gaming or wagering is void.
2
No action shall lie for the recovery of any money or thing which is alleged to be won or to have been paid upon a wager or which has been deposited to abide the event on which a wager is made.
3
A promise, express or implied, to pay any person any money paid by him under or in respect of a contract such as is mentioned in paragraph (1) or to pay any money by way of commission, fee, reward or otherwise in respect of such a contract or of any services connected with such a contract is void and no action shall lie for the recovery of any such money.
4
This Article does not apply to any agreement to subscribe or contribute to any plate, prize or sum of money to be awarded to the winner or winners of any game, sport or pastime not prohibited by this Order, if the subscription or contribution is not a stake.
Securities in connection with gaming and wagering illegal171
1
Every security given in whole or in part—
a
for any money or thing won by gaming or wagering, or
b
for any money knowingly lent for gaming or wagering, or
c
for any money lent, in a place where and at a time when gaming or wagering is taking place, to or for the benefit of any persons who are or may be gaming or wagering there,
shall be deemed to have been given for an illegal consideration.
2
In this Article—
“gaming” includes taking part in an athletic game or sport;
“security” includes any note, bill, bond, mortgage or conveyance, and also includes a judgment other than a judgment obtained adversely.
Charges by Department
Charges for licences and certificates172
1
There shall be paid to the Department—
a
by every person who intends to apply under Article 8 for the grant of a bookmaker's licence, a charge of £100;
b
by every person who intends to apply under Article 12 for the grant of a bookmaking office licence, a charge of £1;
c
by every person who intends to apply under Article 14 to have the provisional grant of a bookmaking office licence declared final, a charge of £1;
d
by every person who intends to apply under Article 16 for the renewal of a bookmaker's licence, a charge of £1;
e
by every person who intends to apply under Article 18 for the renewal of a bookmaking office licence, a charge of £1;
f
by every person who intends to apply under Article 23 for the transfer of a bookmaking office licence, a charge of £1;
g
by every person who intends to apply under Article 63 for the grant of a bingo club licence, a charge ofF1 £2,300;
h
by every person who intends to apply under Article 65 to have the provisional grant of a bingo club licence declared final, a charge ofF1 £2,300;
i
by every person who intends to apply under Article 67 for the renewal of a bingo club licence, a charge ofF1 £820;
j
by every person who intends to apply under Article 85 for the grant of a gaming machine certificate, a charge ofF2 £1,840;
k
by every person who intends to apply under Article 87 for the renewal of a gaming machine certificate, a charge ofF2 £690.
2
The Department, with the consent of the Department of Finance and Personnel, may, by order subject to affirmative resolution, substitute for any of the charges specified in paragraph (1) such other charges as may be specified in the order.
3
The Department shall issue a receipt to every person who pays a charge specified in paragraph (1).
4
Where any application for the grant, renewal or transfer of a licence or certificate, as the case may require, in respect of which a person has paid to the Department the charge specified in paragraph (1) has been refused by a court, the Department shall, after the expiry of the time for making an appeal against the refusal, and, if an appeal is brought, after the appeal is dismissed or abandoned, refund to that person the amount paid under paragraph (1).
Change of directors of body corporate
Notification of change of directors, etc., of a body corporate173
Where the holder of a—
a
bookmaker's licence;
b
bookmaking office licence;
c
bookmaking office licence granted provisionally;
d
bingo club licence;
e
bingo club licence granted provisionally;
f
gaming machine certificate;
g
gaming machine permit; or
h
lottery certificate;
is a body corporate, then if at any time a change occurs—
i
in the persons who are directors of that body corporate; or
ii
in the persons in accordance with whose directions or instructions the directors of that body corporate are accustomed to act,
the licence, certificate or permit, as the case may require, shall cease to be in force on the expiration of 14 days after that time unless the body corporate serves, within that 14 days, a notice giving particulars of that change upon—
aa
the clerk of petty sessions for the petty sessions district; and
bb
the sub-divisional commander of the police sub-division;
in which the licence, certificate or permit was grantedF3 or, in the case of a bookmaking office licence, in which the licensed office is situated.
Registers and proof of licences, etc.
Register of licences, certificates and permits174
1
Each clerk of petty sessions shall keep a register of—
a
bookmakers' licences;
b
bookmaking office licences;
c
bingo club licences;
d
gaming machine certificates;
e
gaming machine permits; and
f
lottery certificates;
granted by aF4 county court for premises in, or a court of summary jurisdiction, for the petty sessions district for which he acts as clerk.
2
Each clerk of petty sessions shall record in the register in respect of each licence, certificate or permit—
a
the matters which under this Order or by regulations are required to be specified on the licence, certificate or permit;
b
particulars of the provisional grant of a bookmaking office licence or a bingo club licence and of any such licence declared final;
c
particulars of any renewal of the licence or certificate or of the transfer of any bookmaking office licence;
d
particulars of any bookmaking office licence or bingo club licence granted conditionally, of any period fixed by the court under Article 13(1) or (3) or 64(1) or (3) and of any declaration made by the court under Article 13(5) or 64(5);
e
particulars of any notice served under Article 15(10), 66(9), 86(9) or 143(7);
f
particulars of any restriction imposed on a bingo club licence under Article 63(8) or 68(5)(a), any direction given in respect of bingo club premises under Article 63(9) or 68(6)(a), any declaration made in respect of bingo club premises under Article 107, any variation of any such restriction or direction and any cancellation of any such direction or declaration;
F4fa
particulars of any declaration made in respect of a licensed office under Article 107 and any cancellation of any such declaration;
g
particulars of any revocation of the licence, certificate or permit and of any disqualification order made in consequence of the revocation;
F5gg
particulars of the forfeiture and cancellation of any bookmaking office licence in consequence of an order made under paragraph 15(1) of Schedule 1 to the Betting and Gaming Duties Act 1981;
h
particulars of any conviction of—
i
a licensed bookmaker of any offence such as is mentioned in Article 53(1); or
ii
any person of an offence mentioned in Article 79(1); or
iii
a holder of a gaming machine certificate or a gaming machine permit of any offence mentioned in Article 125(1); or
iv
a holder of a lottery certificate of any offence mentioned in Article 152;
and of any disqualification order made in consequence of the conviction;
i
particulars of any matters such as are mentioned in paragraph (4)(a);
j
such other matters as may be prescribed by regulations.
3
Each clerk of petty sessions shall also keep—
a
b
the particulars of any notice served under Article 173;
and those plans and particulars shall be deemed to be matters which are required to be, and have been, recorded in the register under paragraph (2).
4
Where a court—
F4za
on the application of any person grants, conditionally grants or provisionally grants a bookmaking office licence or declares the conditional grant to be unconditional or the provisional grant to be final; or
a
confirms, reverses or varies any decision or determination of any other court relating to a licence, certificate or permit; or
b
convicts—
i
a licensed bookmaker of any offence mentioned in Article 53(1); or
ii
any person of an offence mentioned in Article 79(1); or
iii
a holder of a gaming machine certificate or a gaming machine permit of an offence mentioned in Article 125(1); or
iv
a holder of a lottery certificate of any offence mentioned in Article 152;F5 or
F5c
orders the forfeiture and cancellation of a bookmaking office licence under paragraph 15(1) of Schedule 1 to the Betting and Gaming Duties Act 1981;
the court, where it is not a court of summary jurisdiction for the petty sessions districtF4 in which the premises specified in the bookmaking office licence are situated or, as the case may be, in which the licence, certificate or permit is recorded in a register under paragraph (1), shall cause a copy of its orderF4, and any plan which was attached to, or received in connection with, the application, and, where the order relates to the grant, conditional grant or provisional grant of a bookmaking office licence, particulars of any matters to be entered on the register under paragraph (2)(a), (b) or (d), to be sent to the clerk of petty sessions for that district.
5
A clerk of petty sessions may make such alterations in the register as are necessary to ensure that the matters recorded in the register in respect of the licence, certificate or permit are accurate.
Register of clubs175
1
Each clerk of petty sessions shall keep a register of clubs having premises within the petty sessions district in respect of which a certificate of registration is issued under Article 97(1).
2
Each clerk of petty sessions shall record in respect of each club entered in the register—
a
the name of the club;
b
the address of the premises of the club;
c
the name and address of the owner of the premises;
d
particulars of any renewal of registration of the club;
e
particulars of any cancellation of registration of the club;
f
particulars of conviction of any person of an offence under Article 126(12) or (14) committed in respect of the premises of the club and of any order made under Article 127 in consequence of the conviction;
g
particulars of any matters such as are mentioned in paragraph (3);
h
such other matters as may be prescribed by regulations.
3
Where a court confirms, reverses or varies any decision or determination of any other court in relation to the registration of a club under this Order the court, where it is not a court of summary jurisdiction for the petty sessions district in which the club is so registered, shall cause a copy of its order to be sent to the clerk of petty sessions for that district.
4
Article 174(5) shall apply to a register of clubs under this Article as it applies to a register of licences, certificates and permits under that Article.
Inspection of registers176
A register of licences, certificates and permits and a register of clubs may be inspected, and copies of all or any part of any entry in those registers may be taken, at all reasonable hours.
Returns to Department177
The clerk of petty sessions for any petty sessions district, in respect of each such period as may be specified by the Department, shall send to the Department a statement showing—
a
the number of—
i
bookmakers' licences;
ii
bookmaking office licences;
iii
bingo club licences;
iv
gaming machine certificates;
v
gaming machine permits; and
vi
lottery certificates;
grantedF6 in the case of a bookmaking office licence, by a county court for premises situated in that district or, in any other case, by the court of summary jurisdiction for that district;
b
the number of clubs having premises within that district registered under this Order;
c
the number of licences or certificates so granted which have been renewed;
d
the number of bookmaking office licences which have been transferred;
e
the number of clubs so registered for which registration has been renewed;
f
the number of licences or certificates so granted which have been revoked;
g
the number of clubs so registered for which registration has been cancelled;
h
the number of disqualification orders made in consequence of—
i
the revocation of any licence or certificate; or
ii
the conviction of a licensed bookmaker for an offence mentioned in Article 53(1), or any person for an offence mentioned in Article 79(1) or for an offence under Article 126(12) or (14), or a holder of a gaming machine certificate or a gaming machine permit for an offence mentioned in Article 125(1) or the holder of a lottery certificate for an offence mentioned in Article 152;
and containing such other information as the Department may require.
Registers to be evidence178
1
A register of licences, certificates and permits and a register of clubs shall be received in evidence of the matters required by or under this Order to be recorded in them, and any document purporting to be certified by a clerk of petty sessions to be a true copy of an entry in either of those registers kept by him shall be received in evidence of any such matters contained in the entry.
2
On an application for—
a
the grant, renewal or revocation of a bookmaker's licence, bookmaking office licence, bingo club licence, gaming machine certificate, or lottery certificate;
b
the transfer of a bookmaking office licence;
c
the grant of a gaming machine permit; or
d
the grant, renewal or cancellation of the registration of a club under this Order;
the courtF7. . . shall have regard to the entries, if any, in the register of licences, certificates and permits or, as the case may be, the register of clubs relating to the person by whom, or the premises in respect of which, the application is made.
Proof of licences, etc.179
1
A document purporting to be—
a
a bookmaker's licence;
b
a bookmaking office licence;
c
a bingo club licence;
d
a gaming machine certificate;
e
a gaming machine permit;
f
a lottery certificate; or
g
a certificate of registration issued under Article 97(1);
and to be signed by the clerk ofF8 the court by which the licence, certificate or permit was granted or, as the case may be, the club was registered shall be received in evidence.
2
A document which has been issued by the clerk of petty sessions for the petty sessions district in which the licence, certificate or permit is recorded in the register kept under Article 174(1) or, as the case may be, in which a club is registered and certified by him to contain a true copy of the particulars recorded in the register of licences, certificates and permits in respect of that licence, certificate or permit or, as the case may be, in the register of clubs in respect of that club shall be treated for the purposes of this Order as the licence, certificate or permit as the case may require.
3
The clerk of petty sessions may issue a document under paragraph (2) where he is satisfied that a licence, certificate or permit has been lost or destroyed.
Inspection and rights of entry
Provision for inspection and rights of entry180
1
For the purpose of ascertaining whether a contravention of this Order or of any regulations made under it is being or has been committed or whether any conditions which are applicable under this Order are being or have been complied with a constable may at any reasonable time—
a
enter—
i
any licensed office; or
ii
any licensed track; or
iii
any bingo club premises; or
iv
any premises which belong to the holder of a gaming machine certificate; or
v
any registered club; or
vi
any licensed premises such as are mentioned in Article 108(1)(b); or
vii
any premises for which an amusement permit is in force; or
viii
any premises on which a constable has reason to believe an entertainment to which Article 126 applies or an exempt entertainment is being held; or
ix
any travelling showmen's pleasure fair; or
x
any office of a registered society; or
xi
any premises for which a pleasure permit is in force; and
b
inspect any premises mentioned in sub-paragraph (a) and any gaming machine, machine or other equipment or any book or document found on those premises; and
c
upon production of a receipt, remove any such book or document for the purpose of having copies of it made or extracts taken from it; and
d
ask of any person found on any premises mentioned in sub-paragraph (a) such reasonable questions in relation to the business carried on on those premises as he thinks proper.
2
If the holder of any licence, certificate or permit held in respect of any premises mentioned in paragraph (1)(a), or any officer of the registered society or registered club, or any person organising the entertainment or exempt entertainment, as the case may require, or any person acting on behalf of any such holder, officer or person—
a
fails without reasonable excuse to admit a constable who demands admission to the premises under paragraph (1); or
b
on being required by a constable to do so, fails without reasonable excuse to permit the constable to inspect the premises or any gaming machine, machine or other equipment on those premises; or
c
on being required by a constable to produce any book or document in his possession or under his control which relates to the premises and which the constable reasonably requires to inspect for the purpose specified in paragraph (1), fails without reasonable excuse to produce it to the constable and to permit the constable to remove the book or document for the purpose of taking copies of it or of any entry in it; or
d
fails or refuses to answer to the best of his knowledge and ability any question asked of him by a constable in exercise of the power conferred by paragraph (1) or gives an answer to any such question which is to his knowledge false or misleading;
he shall be guilty of an offence.
3
If, on complaint on oath, a justice of the peace is satisfied that there are reasonable grounds for suspecting that an offence under this Order is being, has been or is about to be committed on any premises, he may issue a warrant in writing authorising any constable to enter the premises, if necessary by force,F9. . . and to search the premises.
4
Any constable who enters any premises under the authority of a warrant issued under paragraph (3) may—
a
seize and remove any document, money or valuable thing, instrument or other thing whatsoever found on the premises which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under this Order, and
b
F9. . . search any person found on the premises whom he has reasonable cause to believe to be committing or to have committed any such offence.
Para. (5) rep. by 1989 NI 12
Legal proceedings
Prosecution and punishment of offences181
1
Schedule 18 sets out in tabular form the manner in which offences under this Order are punishable on conviction.
2
In relation to an offence under a provision of this Order specified in column 1 of Schedule 18 (the general nature of that offence being described in column 2)—
a
column 3 shows whether the offence is punishable on summary conviction or on indictment or in either one way or the other;
b
column 4 shows the punishment which may be imposed on a person convicted of the offence in the way specified in relation thereto in column 3 (that is to say, summarily or on indictment), any reference in column 4 to a period of years or months being construed as a reference to a term of imprisonment for that duration.
3
In Schedule 18—
a
a reference to a period of imprisonment shall be construed as a reference to the maximum term of imprisonment which may be imposed for the offence;
b
a reference to a fine without a qualifying reference to a sum of money shall be construed as a reference to an unlimited fine;
c
a reference to a level shall be construed as a reference to that level on the standard scale; and
d
a reference to the statutory maximum or a level shall be construed as the maximum fine which may be imposed for that offence.
4
This Article and Schedule 18 shall be subject to any other provision of this Order with respect to the prosecution and punishment of any offence specified in that Schedule.
Forfeiture of gaming machines as statutory consequence of conviction182
1
Without prejudice to Article 183, where a person has been convicted of an offence under Article 95(2) in respect of the use of a gaming machine that gaming machine shall, unless the court by or before which the person has been convicted makes an order under paragraph (2), as a statutory consequence of the conviction, stand forfeited.
2
Where, on the application of—
a
in the case of a registered club, the chairman or secretary of the club, or
b
in the case of bingo club premises, licensed premises within the meaning of theF10 Licensing (Northern Ireland) Order 1996F11, a licensed office or premises for which an amusement permit is in force, the holder of the bingo club licence, the holder of the licence granted under thatF10 Order of 1996F11, the licensed bookmaker or the holder of the amusement permit, as the case may require,
the court is satisfied that the offence mentioned in paragraph (1) was committed by reason of the failure to renew the registration of the club, the bingo club licence, the licence granted under thatF10 Order of 1996F11, the bookmaking office licence or the amusement permit, as the case may require, and that there was good reason for the failure to so renew, the court may order that the gaming machine to which the offence relates shall not, as a statutory consequence of the conviction, stand forfeited.
3
Where, as a statutory consequence of a conviction under this Order, a gaming machine stands forfeited, then, notwithstanding any enactment or rule of law, it shall not be necessary for the court—
a
to pronounce the fact of such forfeiture at the time of adjudication; or
b
to record the fact of such forfeiture in the Order Book or in the order of convictions.
4
A gaming machine forfeited as a statutory consequence of a conviction under this Order shall be destroyed or dealt with in such other manner as the court may direct.
Forfeiture on order of court183
1
Subject to paragraph (2), the court by or before which a person is convicted of an offence under this Order may order anything shown to the satisfaction of the court to relate to the offence to be forfeited and either destroyed or dealt with in such other manner as the court may order.
2
The court shall not order anything to be forfeited under paragraph (1), where a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.
F12Appeals184
1
Without prejudice to Articles 61 and 65 of the County Courts (Northern Ireland) Order 1980, any party to the proceedings who is dissatisfied with a decision of a county court on an application made to it under this Order may appeal from that decision as if the decision had been made in exercise of the jurisdiction conferred by Part III of that Order of 1980 and the appeal were brought under Article 60 of that Order of 1980.
2
For the purposes of—
a
paragraph (1),
b
Articles 61 and 62 of the County Courts (Northern Ireland) Order 1980,
c
Articles 143 and 146 of the Magistrates' Courts (Northern Ireland) Order 1981,
a person who appears as an objector in any proceedings under this Order shall be deemed to be a party to the proceedings.
Procedure in connection with revocation, cancellation and disqualification185
1
A court which—
a
revokes a bookmaker's licence, a bookmaking office licence, a bingo club licence, a gaming machine certificate or a lottery certificate, or
b
cancels the registration of a club or cancels an amusement permit or a pleasure permit, or
c
makes a disqualification order in respect of a bookmaker's licence or a bookmaking office licence under Article 30 or 53 or in respect of a bingo club licence under Article 74 or 79 or in respect of a gaming machine certificate or a gaming machine permit under Article 94 or 125 or in respect of a lottery certificate under Article 151 or 152,
shall order the holder of the licence, certificate or permit or, in the case of the cancellation of a club's registration, the chairman or secretary of the club to deliver that licence, certificate or permit or, as the case may require, the certificate of registration of the club to the clerk of the court within a period specified in the order of the court, and if the person so ordered contravenes that court order he shall be guilty of an offence.
2
The clerk of a court to whom a licence, certificate or permit is delivered under paragraph (1) shall—
a
in the case of a licence, certificate or gaming machine permit,—
i
if he is not the clerk of petty sessions who keeps the register in which particulars of the licence, certificate or permit are recorded or, in the case of a certificate of registration of a club, in which the club is registered, send the licence, certificate or permit to that clerk of petty sessions; or
ii
if he keeps that register, retain the licence, certificate or permit; or
b
in the case of an amusement permit or a pleasure permit, send the permit to the district council by which the permit was granted.
3
The clerk of a court which revokes a licence, certificate or permit, cancels a registration or a permit or makes a disqualification order as mentioned in paragraph (1) or an order under Article 127 shall send notice of the revocation, cancellation or order—
a
in the case of the revocation of, or a disqualification order made in respect of, a bookmaker's licence, to the sub-divisional commander of the police sub-division in which the holder of the licence resides; and
b
in any other case, to the sub-divisional commander of the police sub-division in which the premises or club in respect of which the licence, registration or permit is in force or from which the holder of a certificate or permit carries on his business are situated.
Supplemental
Orders and regulations186
1
The Department may by regulations provide that a courtF13. . . or, as the case may be, a district council—
a
shall refuse—
i
to grant or renew a relevant licence, certificate or permit,
ii
to grant a gaming machine permit,
iii
to transfer a bookmaking office licence,
iv
to grant or renew the registration of a club under Part III,
v
to grant the registration of a society under Article 136, or
vi
to grant or renew a pleasure permit,
in such circumstances as may be prescribed by the regulations;
b
may refuse—
i
to grant or renew a relevant licence, certificate or permit,
ii
to transfer a bookmaking office licence,
iii
to grant or renew the registration of a club under Part III, or
iv
to grant the registration of a society,
in such circumstances as may be so prescribed, without prejudice to any other grounds on which the grant or renewal could be refused apart from the regulations.
2
In this Article “relevant licence, certificate or permit” means—
a
a bookmaker's licence;
b
a bookmaking office licence;
c
a bingo club licence;
d
a gaming machine certificate;
e
lottery certificate; or
f
an amusement permit.
3
Regulations under paragraph (1) shall be subject to affirmative resolution.
4
Orders made by the Department under Articles 81(3) and 82(4) and, subject to paragraph (3), regulations shall be subject to negative resolution.
Modifications of Schedules, amendments, transitional provisions and repeals187
1
The provisions ofF14 Schedule 2 may be modified by county court rules and the provisions of Schedules 1, 3 to 7, 9 to 14, 16 and 17 may be modified by magistrates' courts rules and any rules under this paragraph may make consequential modifications of this Order.
Para. (2)—Amendments
3
The transitional provisions in Schedule 20 shall have effect for the purposes of this Order.
Para. (4)—Repeals
5
The rules of law relating to common gaming houses are hereby abolished.