Betting, Gaming and Lotteries Act 1963

Part IE+W+S Betting

General restrictions on bettingE+W+S

1 Restriction on use of premises for betting transactions with persons resorting thereto. E+W+S

(1)Subject to [F1subsections (4A) and (5)] of this section and section 9(1) of this Act, no person shall—

(a)save as permitted by section 4(1) of this Act, use any premises, or cause or knowingly permit any premises to be used, as a place where persons resorting thereto may effect pool betting transactions; or

(b)use, or cause or knowingly permit any other person to use, any premises for the purpose of the effecting of any other betting transactions by that person or, as the case may be, that other person with persons resorting to those premises;

and every person who contravenes any of the provisions of this subsection shall be guilty of an offence:

Provided that paragraph (b) of this subsection shall not apply where both the person using the premises as mentioned in that paragraph and all the persons with whom the betting transactions so mentioned are effected—

(i)

either reside or work on those premises or on premises of which those premises form part; or

(ii)

are, or are acting on behalf of, holde rs of bookmaker’s permits which are for the time being in force.

(2)Any person who, for any purpose connected with the effecting of a betting transaction, resorts to any premises which are being used in contravention of the foregoing subsection shall be liable on summary conviction to a fine not exceeding [F2level 3 on the standard scale].

(3)For the purposes of the last foregoing subsection, proof that any person was on any premises while they were being used as mentioned in that subsection shall be evidence that he resorted to the premises for such a purpose as is so mentioned unless he proves that he was on the premises for bona fide purposes which were not connected with the effecting of a betting transaction.

(4)The last foregoing subsection shall not apply to Scotland, but, in any proceedings in Scotland under subsection (2) of this section, if any person is proved to have been on any premises while they were being used as mentioned in the said subsection (2), that person shall be held to have resorted to the premises for such a purpose as is so mentioned unless he proves that he was on the premises for bona fide purposes which were not connected with the effecting of a betting transaction.

[F3(4A)Subject to subsections (4B) and (4C) of this section, subsection (1)(a) of this section 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 in the course of his pool betting business; and

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

for forwarding to the registered pool promoter.

(4B)Subsection (4A) of this section shall not affect the operation of subsection (1)(a) of this section in relation to any premises of a class or description for the time being prescribed for the purposes of this subsection.

(4C)In subsection (4A) of this section, 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.

(4D)In subsections (4A) and (4C) of this section, “qualifying competition” means a competition—

(a)that is a competition for prizes for making forecasts as to association football games F4. . ., and

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

(5)Subsection (1)(b) of this Section shall not apply—

(a)to anything done on an approved horse racecourse on a day on which horse races but no other races take place thereon;

(b)subject to the next following subsection, to anything done on any track on any day on which under sections 5, 6 and 20 of this Act bookmaking may lawfully be carried on on the track.

(6)Nothing in subsection 5(b) of this section shall affect the operation of subsection (1)(b) of this section in relation to the use on a track which is not an approved horse racecourse by a 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 the use of that particular bookmaker by, or by any person purporting to act on behalf of, the occupier of the track.

[F5(7)In the case of a track which is a dog racecourse, subsection (6) of this section shall not apply in relation to the use of a permanent structure by a 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 dog races; and

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

Textual Amendments

F1Words in s. 1(1) substituted (14.11.1994) by 1993, c. 39, s. 56(2); S.I. 1994/2659, art. 2

F4Words in s. 1(4D) repealed (19.4.1997) by S.I. 1997/1073, art. 2

F5S. 1(7) inserted (7.1.1996) by S.I. 1995/3231, art. 3(1)

Modifications etc. (not altering text)

2 Restriction on bookmaking except under bookmaker’s permit.E+W+S

(1)No person shall act as a bookmaker on his own account unless he is the holder of a permit authorising him so to act (in this Act referred to as a “bookmaker’s permit”) which is for the time being in force; and if any person acts as a bookmaker in contravention of this subsection he shall be guilty of an offence:

Provided that this subsection shall not apply to the receiving or negotiating by a registered pool promoter of bets made by way of pool betting.

(2)Schedule 1 to this Act shall have effect for the purposes of bookmaker’s permits.

(3)If the holder of a bookmaker’s permit, on being required by a constable to produce his permit for examination, refuses or without reasonable cause fails so to do, he shall be liable on summary conviction to a fine not exceeding [F6level 1 on the standard scale].

Textual Amendments

3 Agent of bookmaker or Totalisator Board to be authorised and registered.E+W+S

(1)No person shall by way of business receive or negotiate bets as servant or agent to another bookmaker or to the Totalisator Board unless—

(a)he has attained the age of twenty-one years; and

(b)he is authorised in that behalf in writing in the prescribed form by that other bookmaker or, as the case may be, by the said Board; and

(c)in the case of a person acting as servant or agent to another bookmaker, that other bookmaker is the holder of a bookmaker’s permit or betting agency permit:

Provided that this subsection shall not apply to any person who is the holder of such a permit as aforesaid, or who receives or negotiates bets as aforesaid on premises occupied by the holder of such a permit or by the said Board.

(2)If any bet is received or negotiated by any person as servant or agent to another bookmaker or to the said Board in contravention of the foregoing subsection, both that person and that other bookmaker or, as the case may be, the Board shall be guilty of an offence.

(3)The said Board and every bookmaker who is the holder of a bookmaker’s permit or betting agency permit shall keep a register in the prescribed form showing every person who is for the time being authorised for the purposes of subsection (1) of this section by that Board or, as the case may be, by that bookmaker, and shall not grant any such authorisation without making the appropriate entry in that register; and if any person contravenes any of the requirements of this subsection he shall, in respect of each contravention, be guilty of an offence.

(4)If any person who holds any authority in writing issued for the purposes of subsection (1) of this section or who is required by subsection (3) of this section to keep a register, on being required by a constable to produce that authority or, as the case may be, register for examination, refuses or without reasonable cause fails so to do, he shall be guilty of an offence.

(5)Any person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding ten pounds or, in the case of offences under subsection (2) or subsection (3) of this section, on a second or any subsequent conviction under the same subsection, to a fine not exceeding fifty pounds.

(6)Nothing in this section shall apply to the receiving or negotiating by any person as servant of agent to a registered pool promoter of bets made by way of pool betting.

Modifications etc. (not altering text)

C2To s. 3(5) there are applied (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 35 (in relation to liability on first and subsequent convictions), s. 38 (increase of fines) and s. 46 (substitution of references to levels on the standard scale) and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289E (in relation to liability on first and subsequent convictions), s. 289F (increase of fines) and s. 289G (substitution of references to levels on the standard scale)

4 Restriction of pool betting.E+W+S

(1)No pool betting business shall be carried on on any track except—

(a)on an approved horse racecourse on a day on which horse races but no other races take place thereon, by the Totalisator Board or, with the authority of that Board, by the persons having the management of that racecourse; or

(b)on a dog racecourse which is a licensed track, by means of a totalisator operated in accordance with the provisions of section 16 of this Act by, or by a person authorised in that behalf in writing by, the occupier of the track;

and every person who contravenes the provisions of this subsection shall be guilty of an offence:

Provided that nothing in this subsection shall prohibit a person from receiving or negotiating bets on an approved horse racecourse with a view to those bets being made by way of sponsored pool betting.

(2)No person shall carry on any pool betting business otherwise than on a track unless he is a registered pool promoter, that is to say, a person who is registered for the purpose and whose registration is for the time being in force; and any person who carries on any business in contravention of this subsection shall be guilty of an offence:

Provided that this subsection shall not apply to sponsored pool betting business [F7or to the operation of a licensed inter-track betting scheme].

(3)Schedule 2 to this Act shall have effect for the purposes of the registration of a person as, and the conduct of his pool betting business by, a registered pool promoter.

Textual Amendments

F7Words in s. 4(2) inserted (7.1.1996) by S.I. 1995/3231, art. 5(1)

5 Restriction of betting on tracks.E+W+S

(1)Betting by way of bookmaking or by means of a totalisator shall not take place on any track—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(b)on any [F9Good Friday or Christmas Day]; . . . F8

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(2)If bookmaking is carried on, or a totalisator is operated, by any person on any track on a day on which betting on that track is prohibited by this section, that person, and, if that person is not the occupier of the track, that occupier also, shall be guilty of an offence:

Provided that where the occupier of a track is charged with an offence by reason of a contravention of this section on the part of another person, it shall be a defence for him to prove that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.

(3)Where facilities for pool betting provided on an approved horse racecourse by the Totalisator Board or, with the authority of that Board, by the persons having the management of that racecourse are provided otherwise than by means of a totalisator, subsections (1) and (2) of this section shall have effect as if the provision of those facilities were the operation of a totalisator by that Board or, as the case may be, by those persons.

Textual Amendments

F9Words in s. 5(1) substituted (3.1.1995)( by 1994 c. 40, ss. 20(2), 82(2)

6 Restriction of bookmaking on tracks.E+W+S

(1)Except on an approved horse racecourse on a day on which that racecourse is used only for the purpose of horse races, bookmaking shall not be carried on on any track unless the occupier of the track is the holder of a licence authorising the provision of betting facilities on that track granted and for the time being in force under Schedule 3 to this Act (in this Act referred to as a “track betting licence”):

Provided that this subsection shall not apply in relation to anything done on any track on any day if—

(a)during the period of twelve months in which that day falls, being a period beginning with 1st July in any year, bookmaking has not been carried on on that track on more than seven previous days; and

(b)notice of the intention to permit bookmaking on that track on that day has been given by post not less than seven clear days beforehand by the occupier of the track to the chief officer of police for any police area in which the track or any part thereof is situated.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(3)If bookmaking is carried on by any person on any track on any day in contravention of this section, that person and, if that person is not the occupier of the track, that occupier also, shall be guilty of an offence:

Provided that where the occupier of a track is charged with an offence by reason of a contravention of this section on the part of another person, it shall be a defence for him to prove that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.

Textual Amendments

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12E+W+S

Textual Amendments

8 Prohibition of betting in streets and public places.E+W+S

(1)Any person frequenting or loitering in a street or public place, on behalf either of himself or of any other person, for the purposes of bookmaking, betting, agreeing to bet, or paying, receiving or settling bets shall be liable on summary conviction—

(a)to a fine not exceeding [F13one hundred pounds][F13level 4 on the standard scale]; or

(b)in the case of a second conviction for an offence under this section, to a fine not exceeding [F13two hundred pounds][F13level 4 on the standard scale]; or

(c)in the case of a third or any subsequent conviction for an offence under this section, to imprisonment for a term not exceeding three months, or to a fine not exceeding [F13two hundred pounds][F13level 4 on the standard scale], or to both,

and shall in any case be liable to forfeit all books, cards, papers and other articles relating to betting which may be found in his possession:

Provided that this subsection shall not apply to anything done on any ground used, or adjacent to ground used, for the purpose of a racecourse for racing with horses on a day on which horse races take place on that racecourse.

[F14F15(2)Any constable may take into custody without warrant any person found committing an offence under this section and may seize and detain any article liable to be forfeited thereunder.]

[F14(2)Where a person is found committing an offence under this section, any constable may seize and detain any article liable to be forfeited under this section.]

(3)Notwithstanding anything in section 52(3) of this Act, a conviction for an offence under the M1Street Betting Act 1906 shall be deemed to have been a conviction for an offence under this section only if the offence was committed after 1st December 1961.

(4)In this section—

(a)the expression “street” includes any bridge, road, lane, footway, subway, square, court, alley or passage, whether a thoroughfare or not, which is for the time being open to the public and, in the application of this Act to Scotland, includes also any common close or common stair; 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.

Textual Amendments

F13Words “level 4 on the standard scale” substituted (S.) for “one hundred pounds” and for “two hundred pounds” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G

F14S. 8(2) commencing “Where a person” substituted (E.W.) for s. 8(2) commencing “Any constable may” by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1), Sch. 6 para. 12

F15S. 8(2) commencing “Where a person” substituted (E.W.) for s. 8(2) commencing “Any constable may” by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1), Sch. 6 para. 12

Modifications etc. (not altering text)

C3To s. 8(1) there are applied (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 35 (in relation to liability on first and subsequent convictions), s. 38 (increase of fines) and s. 46 (substitution of references to levels on the standard scale) and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289E (as inserted by Criminal Justice Act 1982 (c.48, SIF 39:1)), s. 54 (in relation to liability on first and subsequent convictions)

Marginal Citations

Licensed betting officesE+W+S

9 Betting office licences and betting agency permits.E+W+S

(1)Where in the case of any premises there is for the time being in force a licence authorising the holder of the licence to use those premises as a betting office (in this Act referred to as “a betting office licence”), section 1(1) of this Act shall not apply to the use of those premises for the effecting of betting transactions with or through the holder of the licence or any servant or agent of his:

Provided that the licence shall not authorise the use of the premises for effecting any pool betting transaction made otherwise than by way of sponsored pool betting [F16except where the use consists of the use of the premises as a place where persons may collect amounts payable by way of winnings in respect of competitions of the kind mentioned in section 1(4A)(a) of this Act.].

(2)The following persons, and the following persons only, may apply for the grant or renewal of a betting office licence in respect of any premises, that is to say—

(a)a person who is for the time being the holder of, or an applicant for, a bookmaker’s permit;

(b)the Totalisator Board;

(c)a person who, not being the holder of, or an applicant for, a bookmaker’s permit, is for the time being both—

(i)accredited by a bookmaker who is the holder of a bookmaker’s permit or by the Totalisator Board as an agent for the purpose of receiving or negotiating bets by way of business with a view to those bets being made with that bookmaker or, as the case may be, with or through that Board; and

(ii)the holder of, or an applicant for, a permit (in this Act referred to as “a betting agency permit”) authorising him to hold a betting office licence.

(3)An application for the grant of a betting office licence in respect of any premises may be made notwithstanding that the premises have still to be constructed or are still in the course of construction.

(4)Subject to subsections (2) and (3) of this section, Schedule 1 to this Act shall have effect for the purposes of betting office licences and betting agency permits.

(5)If the holder of a betting agency permit, on being required by a constable to produce his permit for examination, refuses or without reasonable cause fails so to do, he shall be liable on summary conviction to fine not exceeding [F17level 1 on the standard scale].

Textual Amendments

F16Words in s. 9(1) inserted (20.6.1996) by S.I. 1996/1359, art. 3

10 Conduct of licensed betting offices.E+W+S

(1)A licensed betting office shall be managed in accordance with the rules set out in Schedule 4 to this Act, and in the case of any contravention of any of those rules the licensee and any servant or agent of the licensee by whom the contravention was committed shall be liable on summary conviction to a fine not exceeding [F18level 3 on the standard scale]:

Provided that, where any person is charged with an offence under this subsection by reason only of his being the licensee, it shall be a defence to prove that the contravention took place without his consent or connivance and that he exercised all due diligence to prevent it.

[F19(1A)The Secretary of State may, from time to time, by order made by statutory instrument amend the provisions of Schedule 4 to this Act so as to make new provision with respect to the facilities (other than those in respect of which a betting office licence is required) that may be provided in a licensed betting office; and, without prejudice to the generality of the foregoing, such an order may—

(a)require compliance with such restrictions as may be specified in the order in relation to—

(i)the use in a licensed betting office of any apparatus for making information or other material available in the form of sounds or visual images or both;

(ii)the use of a licensed betting office for any form of entertainment; and

(iii)the provision in a licensed betting office of any form of refreshment;

(b)provide that paragraphs 1 and 4 of that Schedule shall be construed, subject to those restrictions, as not prohibiting such of the things referred to in sub-paragraphs (i) to (iii) of paragraph (a) of this subsection, as may be specified in the order;

(c)repeal paragraph 5 of that Schedule.

(1B)Notwithstanding anything in an order under sub-section (1A) of this section, Schedule 4 to this Act shall continue to have the effect of prohibiting the provision in a licensed betting office of any facility in respect of which a licence under the Licensing Act M21964 or the Licensing (Scotland) Act M31976 is required.

(1C)An order under subsection (1A) of this section shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.]

(2)Without prejudice to any other right to refuse a person admission to premises or to expel a person from premises, in the case of a licensed betting office the licensee or any servant or agent of his may refuse to admit to, or may expel from, the licensed premises any person who is drunken, violent, quarrelsome or disorderly, or whose presence on those premises would subject the licensee or any servant or agent of his to a penalty under [F20subsection (1) of this section]; and if any person liable to be expelled from the licensed premises under this subsection, when requested by the licensee, any servant or agent of the licensee or any constable to leave those premises, fails to do so, he shall be liable on summary conviction to a fine not exceeding [F18level 1 on the standard scale].

(3)Any constable may, on the request of the licensee or any servant or agent of the licensee, help to expel from a licensed betting office any person whom the constable has reasonable cause to believe to be liable to be expelled therefrom under subsection (2) of this section; and the constable may use such force as may be required for that purpose.

(4)Any constable may enter any licensed betting office for the purpose of ascertaining whether the provisions of subsection (1) of this section are being complied with, and any person who obstructs any constable in the exercise of his powers under this subsection shall be liable on summary conviction to a fine not exceeding [F18level 1 on the standard scale].

(5)If, [F21any advertisement, other than [F22an advertisement published in a material form or]an advertisement to which subsection (6) of this section applies,]is published—

(a)indicating that any particular premises are a licensed betting office; or

(b)indicating where any such office may be found; or

(c)drawing attention to the availability of, or to the facilities afforded to persons resorting to, such offices,

then, in the case of an advertisement in connection with the office or offices of a particular licensee, that licensee, and in every case any person who published the advertisement or caused or permitted it to be published, shall be guilty of an offence:

Provided that it shall be a defence for any person charged with an offence under this subsection to prove—

(i)

that he did not know and had no reasonable cause to suspect that the advertisement was, and that he had taken all reasonable steps to ascertain that it was not, such an advertisement as aforesaid; or

(ii)

if he is charged by reason only of being a licensee, that the advertisement was published without his consent or connivance and that he exercised all due diligence to prevent the publishing of any such advertisement in connection with his office or offices.

[F23(6)The subsection applies to an advertisement if [F24it is published otherwise than in a material form and]—

(a)it is published inside but not outside a licensed betting office; or

(b)it complies with such restrictions as may be prescribed and is, in such manner as may be prescribed, published outside a licensed betting office—

(i)from a place inside such an office; or

(ii)in premises giving access to such an office; F25. . .

F25(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F22Words in s. 10(5) inserted (19.4.1997) by S.I. 1997/1074, art. 5(2)

F24Words in s. 10(6) inserted (19.4.1997) by S.I. 1997/1074, art. 5(3)(a)

F25S. 10(6)(b)(iii) and the word “or” preceding it repealed (19.4.1997) by S.I. 1997/1074, art. 5(3)(b)

Modifications etc. (not altering text)

C4Mode of trial in s. 10(5) specified (S.) (1.4.1996) by 1995 c. 46, ss. 292(1), 309(2), Sch. 10 para. 4(b) (with ss. 24(2), 307(2))

Marginal Citations

M21964 c.26 (68A:1).

M31976 c.66 (68A:2).

[F2610A Cancellation of betting office licenceE+W+S

(1)Where the holder of a betting office licence is convicted under section 10(1) of this Act of an offence in respect of the betting office to which the licence relates, the court by or before whom he is convicted may, if the court thinks fit, order that the licence shall be forfeited and cancelled.

(2)An order under subsection (1) of this section made by a court in England and Wales shall be deemed for the purposes of any appeal to be part of the sentence for the offence; and in the case of such an order, the licence to which the order relates shall not be forfeited or cancelled under it—

(a)until the end of the period within which notice of appeal against the conviction or sentence may be given; nor

(b)if notice of appeal against the conviction or sentence is duly given within that period, until the determination or abandonment of that appeal.

(3)Where an order under subsection (1) of this section is made by a court in Scotland, the holder of the licence to which the order relates may, without prejudice to any other form of appeal under any rule of law, appeal against the order in the same manner as against a conviction; and the licence to which the order relates shall not be forfeited or cancelled under it—

(a)until the end of the period of 14 days commencing with the date on which the order was made; nor

(b)if an appeal against the order or the conviction which gave rise to it is made within that period, until the date when that appeal is determined or abandoned or deemed to have been abandoned.

(4)Where a licence is forfeited and cancelled in pursuance of an order under subsection (1) of this section, the clerk of the court by whom the order was made shall, unless he is also clerk to the authority who last either granted or renewed the licence, send a copy of the order to the clerk to that authority.]

Textual Amendments

F26S. 10A inserted (1.9.1997) by S.I. 1997/947, art.2

Special provisions with respect to bookmaker’s and betting agency permitsE+W+S

11 Cancellation of and disqualification for bookmaker’s or betting agency permit.E+W+S

(1)If the holder of a bookmaker’s permit or of a betting agency permit is convicted—

(a)of an offence under section 1(1), 4(1), 5, 6, 8 or 21 of this Act; or

(b)of any offence involving fraud or dishonesty,

or if the holder of a betting agency permit is convicted of an offence under section 2(1) of this Act, the court by or before whom he is convicted may, if the court thinks fit, order that his permit shall be forfeited and cancelled.

(2)An order under the foregoing subsection shall be deemed for the purposes of any appeal to be part of the sentence for the offence; and the permit shall not be forfeited or cancelled under that order—

(a)until the date of expiration of the period within which notice of appeal against the conviction or sentence may be given; nor

(b)if notice of appeal against the conviction or sentence is duly given within the period aforesaid, until the date of the determination or abandonment of the appeal.

(3)Subsection (2) of this section shall not apply to Scotland, but the holder of a permit in respect of which an order under subsection (1) of this section is made by a court in Scotland may, without prejudice to any other form of appeal under any rule of law, appeal against the order in the same manner as against a conviction; and a permit shall not be forfeited or cancelled under an order so made—

(a)until the expiration of the period of fourteen days commencing with the date on which the order was made; nor

(b)if an appeal against the order or the conviction which gave rise thereto is taken within the said period, until the date when that appeal is determined or abandoned or deemed to have been abandoned.

(4)A person whose bookmaker’s permit or betting agency permit is forfeited and cancelled in pursuance of an order under subsection (1) of this section shall, by virtue of that order, be disqualified for holding or obtaining a permit of either description for a period of five years beginning with the date of the conviction which gave rise to the order:

Provided that, in a case where it appears to the court making the order to be just in all the circumstances, that court may include in the order a direction that the period of disqualification shall be such period shorter than five years as the court may specify.

(5)Where a bookmaker’s permit or betting agency permit is forfeited and cancelled in pursuance of an order under subsection (1) of this section, the clerk of the court by whom the order was made shall, unless he is also clerk to the authority who last either granted or renewed the permit, send a copy of the order to the clerk to that authority.

(6)Any holder of a bookmaker’s permit or betting agency permit who employs in his bookmaking business any person known to him to be for the time being disqualified under subsection (4) of this section shall be guilty of an offence.

Modifications etc. (not altering text)

C5Mode of trial in s. 11(6) specified (S.) (1.4.1996) by 1995 c. 46, ss. 292(1), 309(2), Sch. 10 para. 4(c) (with ss. 24(2), 307(2))

The Totalisator Board and pool betting on horse racesE+W+S

12 Horserace Totalisator Board.E+W+S

(1)There shall be a Horserace Totalisator Board (in this Act referred to as “the Totalisator Board”) which shall be a body corporate and have perpetual succession and a common seal.

(2)The Totalisator Board shall consist of [F27a chairman and such number of other members as the Secretary of State may determine, all of whom] shall be appointed by the Secretary of State and hold and vacate office in accordance with the terms of the respective instruments under which they are appointed.

(3)The Totalisator Board may pay to any member of the Board such remuneration, and travelling, subsistence or other allowances at such rates, as the Board may with the approval of the Secretary of State determine:

Provided that the Board shall not by virtue of this subsection have power to pay remuneration to any member of the Board who is for the time being a member of, or nominated as a candidate for election to, the House of Commons.

[F28(3A)The Board may pay such pension or gratuity to or in respect of any member of the Board as the Board may, with the approval of the Secretary of State, determine.]

(4)The Totalisator Board may appoint officers, servants and agents on such terms as to remuneration, pensions or otherwise as the Board may determine.

(5)The Totalisator Board may regulate their own procedure and make standing orders governing the conduct of their business.

(6)No act or proceeding of the Totalisator Board shall be questioned on account of any vacancy in the number of the members thereof or on account of the appointment of any member having been defective.

(7)Except where the context otherwise requires, any reference in any Act or other document to the Racecourse Betting Control Board shall be construed as a reference to the Totalisator Board.

Textual Amendments

13 Approval of horse racecourses by Totalisator Board. E+W+S

(1)[F29The Levy Board] may for the purposes of this Part of this Act issue (subject to such conditions as they may impose) in respect of any ground used for the purpose of a racecourse for racing with horses and any ground adjacent thereto a certificate of their approval of that ground as a horse racecourse, and the Board may at any time revoke any such certificate issued by them.

(2)[F29The Levy Board] shall make it a condition of the grant of such a certificate of approval of any ground as a horse racecourse that the persons having the management of that racecourse shall provide a place, whether in a building or not, where bookmakers may carry on their business and to which the public may resort for the purpose of betting, and that the charge to a bookmaker and to any assistant accompanying him for admission to an enclosure on the racecourse for the purpose of the bookmaker’s business shall, in the case of the bookmaker, not exceed five times the amount, and, in the case of a bookmaker’s assistant, not exceed the amount, of the highest charge made to members of the public for admission to that enclosure.

Textual Amendments

Modifications etc. (not altering text)

C6 “The Levy Board” means the Horserace Betting Levy Board established in accordance with s. 24 of this Act

14 Functions of Totalisator Board with respect to betting on horse races. E+W+S

(1)The Totalisator Board [F30shall have the exclusive right] to do, and to authorise other persons to do, either of the following things, that is to say—

(a)to carry on pool betting business in any form on a recognised horse race; and

(b)by way of business to receive or negotiate bets on a recognised horse race on terms that the winnings or any part thereof shall be calculated or regulated directly or indirectly by reference to the amounts or rates of any payments or distributions in respect of winning bets on that race made by way of sponsored pool betting;

and in giving any authority under this subsection the Board may do so on such terms, including terms as to payments to the Board, as the Board may think fit.

(2)Any infringement of the right conferred on the Totalisator Board by the foregoing subsection shall be actionable at the suit of the Board; and in any action for such an infringement all such relief, by way of damages, injunction, accounts or otherwise, shall be available to the Board as is available to the plaintiff in any corresponding proceedings in respect of infringements of proprietary rights and, notwithstanding anything to the contrary in any enactment or rule of law relating to the jurisdiction of county courts, a county court may, on the application of the Board, grant an injuction restraining an infringement or apprehended infringement of the right aforesaid whether or not any other relief in claimed; and for the purposes of this subsection the right aforesaid is infringed by any person who, without the authority of the Board—

(a)does or authorises any other person to do anything such as is mentioned in subsection (1)(a) or (b) of this section; or

(b)by way of business holds himself out as willing to enter into any pool betting transaction on a recognised horse race, whether by way of sponsored pool betting or otherwise, or to receive or negotiate a bet on a recognised horse race on such terms as are mentioned in the said subsection (1)(b).

In the application of this subsection to Scotland, “suit” means instance, “injunction” means an interdict, “accounts” means count, reckoning and payment, and “plaintiff” means pursuer.

(3)Where bets on a race or combination of races are made by way of sponsored pool betting, the Totalisator Board shall—

(a)cause to be deducted from the aggregate amount staked either—

(i)such percentage of that amount as may be determined from time to time by the Board, either generally or with respect to any particular racecourse; or

(ii)if so determined as aforesaid, such percentage of such part of that amount as may be determined as aforesaid; and

(b)cause the whole of the remainder of that amount to be distributed among the persons making such of those bets as are winning bets.

(4)Where faciltites for sponsored pool betting are being provided on an approved horse racecourse by the persons having the management of that racecourse, any amount deducted by those persons under subsection (3)(a) of this section shall be paid to the Totalisator Board, but the Board may pay to those persons the amount of the expenses shown to the satisfaction of the Board to have been properly incurred by those persons in connection with the provision of those facilities.

(5)Without prejudice to section 12(4) of this Act, the Totalisator Board may remunerate any person, by the payment of commissions or otherwise, in respect of the negotiation, receipt or transmission by that person—

(a)of bets to be made by way of sponsored pool betting; or

(b)of bets such as are mentioned in subsection (1)(b) of this section to be made with the Board or, under the authority of the Board, with the persons having the management of an approved horse racecourse,

and may provide facilities on any such racecourse for persons engaged in receiving bets to be so made.

(6)Nothing in this Act shall be construed as restricting the betting transactions which may be effected by way of sponsored pool betting to betting transactions upon the result of a single race, or upon the results of races run on a particluar racecourse or on a particular day, or as preventing the Totalisator Board from giving credit in any betting transaction.

Textual Amendments

Modifications etc. (not altering text)

C7S. 14(3) modified in its application to pool betting by means of facilities provided by the Totalisator Board by Horserace Totalisator and Betting Levy Boards Act 1972 (c. 69), s. 1(3)

15 Additional powers and duties of Totalisator Board.E+W+S

(1)The Totalisator Board shall have power—

(a)to acquire and hold such land as may be reasonably required for the purposes of any of their functions and to sell or lease any land held by them which is not required for those purposes;

(b)to borrow for the purposes of any of their functions and to give security for any moneys borrowed by them;

(c)to make such loans or investments as they judge desirable for the proper conduct of their affairs, being loans or investments either—

(i)such as, under the enactments for the time being in force, a trustee would by authorised to make out of trust funds; or

(ii)approved, or of a description approved, by the Secretary of State;

(d)to do all such things as are incidental to, or conducive to the attainment of the purposes of, any of their functions.

(2)Subject to section 14(3) to (5) of this Act, the Totalisator Board shall apply any moneys from time to time available in their hands—

(a)in providing for the payment of rates, taxes, charges, expenses and other outgoings;

(b)in making provision for the payment of any contribution for the time being payable by them under section 30 of this Act;

(c)in making such other provision in connection with any of their functions as they think proper.

Special provisions with respect to licensed tracksE+W+S

16 Totalisators on licensed tracks.E+W+S

(1)Where in the case of any licensed track, by virtue of section 4(1)(b) of this Act, the occupier of the track or any person authorised in that behalf in writing by the occupier of the track has set up a totalisator, that totalisator shall [F31. . .] be operated only—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

(b)while the public are admitted to the track for the purpose of attending dog races and no other sporting events are taking place on the track; and

(c)for effecting with persons resorting to the track betting transactions on dog races run on that track F33. . . [F34or betting transactions under a licensed inter-track betting scheme],

and Schedule 5 to this Act shall have effect with respect to the totalisator.

(2)The occupier of a licensed track—

(a)shall not so long as a totalisator is being lawfully operated on the track exclude any person from the track by reason only that he proposes to carry on bookmaking on the track; and

(b)shall take such steps as are necessary to secure that so long as a totalisator is being lawfully operated on the track there is available for bookmakers space on the track where they can conveniently carry on bookmaking in connection with dog races run on the track on that day;

and every person who contravenes any of the provisions of this subsection shall be guilty of an offence.

Textual Amendments

F31Words in s. 16(1) inserted by Betting, Gaming and Lotteries (Amendment) Act 1985 (c. 18, SIF 12:1), s. 2(2) and the same words were repealed (7.1.1996) by S.I. 1995/3231, art. 4, Sch.2

F33Words in s. 16(1) repealed (7.1.1996) by S.I. 1995/3231, art. 4, Sch. 2

F34Words in s. 16(1)(c) inserted (7.1.1996) by S.I. 1995/3231, art. 5(2)

[F3516A Licensing of inter-track betting schemes.E+W+S

Schedule 5ZA to this Act (which makes provision for and in connection with the licensing of inter-track betting schemes) shall have effect.]

Textual Amendments

F35S. 16A inserted (7.1.1996) by S.I. 1995/3231, art. 5(3)

17 Special rights of occupier of licensed track where totalisator is operated.E+W+S

(1)The provisions of this section shall apply in relation to any dog race on a licensed track in connection with which betting takes place by means of a totalisator on the track in accordance with section 16 of this Act.

(2)The occupier of the track shall have the exclusive right to authorise any person—

(a)to carry on pool betting business on any such race as aforesaid;

(b)by way of business to receive or negotiate bets on any such race on terms that the winnings or any part thereof shall be calculated or regulated directly or indirectly by reference to the amounts or rates of any payments or distributions in respect of winning bets on that race made by means of the totalisator,

and no person shall have the right to carry on any form of pool betting business on any such race or by way of business to receive or negotiate bets on any such race on such terms as aforesaid except with the authority of the occupier; and in giving any authority under this subsection the occupier may do so on such terms, including terms as to payments to the occupier, as the occupier may think fit.

(3)Any infringement of the right conferred on the occupier by the last foregoing subsection shall be actionable at the suit of the occupier; and in any action for such an infringement all such relief, by way of damages, injunction, accounts or otherwise, shall be available to the occupier as is available to the plaintiff in any corresponding proceedings in respect of infringements of proprietary rights and, notwithstanding anything to the contrary in any enactment or rule of law relating to the jurisdiction of county court, a county court may, on the application of the occupier, grant an injunction restraining an infringement or apprehended infringement of the right aforesaid whether or not any other relief is claimed; and for the purposes of this subsection the right aforesaid is infringed by any person who, without the authority of the occupier—

(a)carries on any form of pool betting business on any such race as aforesaid or by way of business holds himself out as willing to enter into any pool betting transaction on any such race; or

(b)by way of business, receives or negotiates, or holds himself out as willing to receive or negotiate, any bet on any such race on such terms as are mentioned in subsection (2)(b) of this section.

In the application of this subsection to Scotland, “suit” means instance, “injunction” means an interdict, “accounts” means count, reckoning and payment, and “plaintiff” means pursuer.

18 Charges to bookmakers on licensed tracks.E+W+S

(1)The occupier of any licensed track may make to a bookmaker or to any assistant accompanying a bookmaker to the track for the purpose of his business any charge for admission to any particular part of the track not exceeding, in the case of the bookmaker, five times the amount, or, in the case of an assistant, the amount, of the highest charge made to members of the public for admission to that part of the track:

Provided that there shall not be made to any bookmaker or bookmaker’s assistant for admission to any particular part of the track any charge differing in amount from the charge made to any other bookmaker or bookmaker’s assistant, as the case may be, for admission to that part of the track.

(2)If in the case of any licensed track any charge other than—

(a)a charge authorised by the foregoing subsection; or

(b)any amount payable by way of bookmakers’ licence duty under section 4 of the M4Betting Duties Act 1963,

is made to a bookmaker or bookmaker’s assistant, or any payment, valuable thing or favour, other than a charge so authorised or an amount so payable, is demanded or received by or for the benefit of the occupier of the track as a consideration for facilities being given to a bookmaker for the carrying on of his business, the person immediately responsible, and, if that person is not the occupier of the track, that occupier also, shall be guilty of an offence:

Provided that where the occupier of a track is charged with an offence under this section by reason of an act of another person, it shall be a defence for the occupier to prove that the act took place without his consent or connivance and that he exercised all due diligence to prevent it.

[F36(3)In the case of a track which is a dog racecourse, the reference in subsection (2) of this section to facilities shall be construed as a reference to facilities other than in relation to a permanent structure.]

Textual Amendments

F36S. 18(3) inserted (7.1.1996) by S.I. 1995/3231, art. 3(2)

Modifications etc. (not altering text)

C10Mode of trial in s. 18(2) specified (S.) (1.4.1996) by 1995 c. 46, ss. 292(1), 309(2), Sch. 10 para. 4(d) (with ss. 24(2), 307(2))

Marginal Citations

19 Occupiers of licensed tracks not to have an interest in bookmaking thereon.E+W+S

[F37(1)]It shall not be lawful for—

(a)the occupier of any licensed track or any servant or agent of his; or

(b)any person having under a lease, agreement or licence granted by the occupier any interest in or right over or in respect of any part of the track,

to engage either directly or indirectly, and either on his own behalf or on behalf of another, in bookmaking on that track; and if any person contravenes the provisions of this section, that person, and, if that person is not the occupier of the track, that occupier also, shall be guilty of an offence:

Provided that where the occupier of a track is charged with an offence by reason of a contravention of this section on the part of another person it shall be a defence for the occupier to prove that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.

[F37(2)In the case of a track which is a dog racecourse, subsection (1) of this section shall only apply in relation to bookmaking in connection with races run on that track.]

Textual Amendments

F37S. 19 renumbered so as to become s. 19(1) and subsection (2) inserted (7.1.1996) by S.I. 1995/3231, art.6

Modifications etc. (not altering text)

C11Mode of trial in s. 19 specified (S.) (1.4.1996) by 1995 c. 46, ss. 292(1), 309(2), Sch. 10 para. 4(e) (with ss. 24(2), 307(2))

20 Saving for right of occupier of licensed track to prohibit betting.E+W+S

Nothing in this Act shall be construed as requiring the occupier of a licensed track to permit betting thereon at any time when no totalisator is being operated on that track.

Special provisions with respect to young personsE+W+S

21 Betting with young persons.E+W+S

(1)If any person—

(a)has any betting transaction with a young person; or

(b)employs a young person in the effecting of any betting transaction or in a licensed betting office; or

(c)receives or negotiates any bet through a young person,

he shall be guilty of an offence:

Provided that a person shall not be guilty of an offence under this subsection by reason of—

(i)

the employment of a young person in the effecting of betting transactions by post; or

(ii)

the carriage by a young person of a communication relating to a betting transaction for the purposes of its conveyance by post.

(2)In this section, the expression, “young person” means a person—

(a)who is under the age of eighteen years and whom the person committing an offence in relation to him under this section knows, or ought to know, to be under that age; or

(b)who is apparently under the said age:

Provided that in the case of any proceedings under this section for an offence in respect of a person apparently under the said age, it shall be a defence to prove that at the time of the alleged offence he had in fact attained that age.

[F38(3)In any case concerning—

(a)a bet which is an entry in a qualifying competition (as defined in section 1(4D) of this Act), or

(b)a betting transaction relating to such a bet,

this section shall have effect with the substitution in subsection (2) of “sixteen” for “eighteen”.

(4)Subsection (3) of this section does not apply in relation to the employment of a young person in a licensed betting office.]

Textual Amendments

Modifications etc. (not altering text)

C12Mode of trial in s. 21 specified (S.) (1.4.1996) by 1995 c. 46, ss. 292(1), 309(2), Sch. 10 para. 4(f) (with ss. 24(2), 307(2))

22 Betting circulars not to be sent to young persons.E+W+S

(1)If any person, for the purpose of earning commission, reward or other profit, sends or causes to be sent to a person whom he knows to be under the age of [F39eighteen years] any circular, notice, advertisement, letter, telegram or other document which invites or may reasonably be implied to invite the person receiving it to make any bet, or to enter into or take any share or interest in any betting transaction, or to apply to any person or at any place with a view to obtaining information or advice for the purpose of any bet or for information as to any race, fight, game, sport or other contingency upon which betting is generally carried on, he shall be guilty of an offence.

(2)If any such document as aforesaid names or refers to anyone as a person to whom any payment may be made, or from whom information may be obtained, for the purpose of or in relation to betting, the person so named or referred to shall be deemed to have sent that document or caused it to be sent unless he proves that he had not consented to be so named and that he was not in any way a party to, and was wholly ignorant of, the sending of the document.

(3)If any such document as aforesaid is sent to any person at any university, college, school or other place of education and that person is under the age of [F39eighteen years], the person sending the document or causing it to be sent shall be deemed to have known that person to be under that age unless he proves that he had reasonable grounds for believing him [F40to have attained that age].

[F41(4)In any case concerning—

(a)a bet which is an entry in a qualifying competition (as defined in section 1(4D) of this Act),

(b)a betting transaction relating to such a bet, or

(c)information as to any game of association football upon which such betting is carried on,

this section shall have effect with the substitution in subsections (1) and (3) of “sixteen” for “eighteen”.]

Textual Amendments

F40Words in s. 22(3) substituted (14.11.1994) by 1993 c. 39, s. 57(2)(a); S.I. 1994/2659, art. 2

Modifications etc. (not altering text)

C13Mode of trial in s. 22 specified (S.) (1.4.1996) by 1995 c. 46, ss. 292(1), 309(2), Sch. 10 para. 4(g) (with ss. 24(2), 307(2))

Power of entry on tracksE+W+S

23 Power of entry on tracks.E+W+S

Any person authorised in writing in that behalf by the licensing authority under Schedule 3 to this Act for the area in which any track or the greater part of the superficial area thereof is situated, subject to the production on demand of his authority, and any constable, may at all reasonable times enter upon that track for the purpose of ascertaining whether the provisions of this Part of this Act are being complied with; and every person who obstructs any constable or other person in the exercise of his powers under this section shall be liable on summary conviction to a fine not exceeding [F42level 1 on the standard scale].

Textual Amendments

Contributions for benefit of horse racing by bookmakers and Totalisator BoardE+W+S

24 Horserace Betting Levy Board.E+W+S

(1)There shall be a Horserace Betting Levy Board (in this Act referred to as “the Levy Board”) which shall be charged with the duty of assessing and collecting in accordance with the subsequent provisions of this Part of this Act, and of applying, subject to those provisions, for purposes conducive to any one or more of the following, that is to say—

(a)the improvement of breeds of horses;

(b)the advancement or encouragement of veterinary science or veterinary education;

(c)the improvement of horse racing,

monetary contributions from bookmakers and the Totalisator Board.

(2)The Levy Board shall consist of a chairman and seven other members of whom—

(a)the chairman and two other members shall be appointed by the Secretary of State and be persons who the Secretary of State is satisfied have no interests connected with horse racing which might hinder them from discharging their functions as members of the Board in an impartial manner;

[F43(b)three members shall be appointed by the Jockey Club (incorporating the National Hunt Committee)]

(d)one member shall be the chairman for the time being of the Bookmakers’ Committee; and

(e)one member shall be the chairman for the time being of the Totalisator Board.

(3)Any person appointed to be a member of the Levy Board under subsection (2)(a) of this section shall hold and vacate office in accordance with the terms of the instrument under which he was appointed; and any person appointed to be a member of the Board under [F44subsection (2)(b)] of this section may be removed from the Board at any time by the body by whom he was appointed.

(4)The Jockey Club, [F44(incorporating the National Hunt Committee)], the Bookmakers’ Committee and the Totalisator Board respectively may from time to time appoint a person to act in the place of such a member of the Levy Board as is mentioned in [F44subsection (2)(b), (d) or (e)], as the case may be, of this section at any meeting of the Levy Board at which that member is unable to be present, and while so acting any such person shall be deemed for the purposes of any act or proceeding of the Levy Board to be a member of that Board.

(5)The Levy Board shall be a body corporate and shall have perpetual succession and a common seal.

(6)The Levy Board may pay to the chairman and the two other members appointed by the Secretary of State such remuneration, and to any member of the Board travelling, subsistence or other allowances at such rates, as the Board may with the approval of the Secretary of State determine.

[F45(6A)The Levy Board may pay such pension or gratuity as the Board may, with the approval of the Secretary of State, determine, to or in respect of the chairman and any other members appointed by the Secretary of State.]

(7)The Levy Board may appoint officers, servants and agents on such terms as to remuneration, pensions or otherwise as the Board may determine.

(8)The Levy Board may regulate their own procedure and make standing orders governing the conduct of their business.

(9)No act or proceeding of the Levy Board shall be questioned on account of any vacancy in the number of the members thereof or on account of the appointment of any member having been defective.

Textual Amendments

F43S. 24(2)(b) substituted for s. 24(2)(b)(c) by Horserace Betting Levy Act 1969 (c. 14), s. 6(2)

25 General powers and duties of Levy Board. E+W+S

(1)The Levy Board shall have power—

(a)with the approval of, and subject to any conditions imposed by, the Secretary of State, to engage in any activity connected with any of the matters specified in section 24(1)(a) to (c) of this Act;

(b)to acquire and hold such land as may be reasonably required for the purposes of any of their functions and to sell or lease any land held by them which is not required for those purposes;

(c)to borrow for the purposes of any of their functions and to give security for any moneys borrowed by them;

(d)to lend or invest money for the purposes of or in connection with any activity in which they have power under paragraph (a) of this subsection to engage;

[F46(e)to make such other investments as—

(i)they judge desirable for the proper conduct of their affairs, and

(ii)a trustee would be able to make under the general power of investment in section 3 of the Trustee Act 2000 (as restricted by sections 4 and 5 of that Act);]

(f)to do all such things as are incidental to, or conducive to the attainment of the purposes of, any of their functions.

(2)The Levy Board shall apply any moneys from time to time available in their hands—

(a)in providing for the payment of rates, taxes, charges, expenses and other outgoings, including any sums which they are required or authorised to pay by virtue of [F47any enactment];

(b)in retaining such sums and making provision for such matters as they think proper in connection with any of their functions;

(c)in making such payments as they think fit for charitable purposes;

(d)subject to the foregoing paragraphs of this subsection, in making payments, in accordance with schemes from time to time prepared by the Levy Board and approved with or without modifications by the Secretary of State, for such purposes as are mentioned in section 24(1) of this Act.

Textual Amendments

Modifications etc. (not altering text)

26 Bookmakers’ Committee.E+W+S

(1)For the purposes of the contributions such as are mentioned in section 24(1) of this Act to be made by bookmakers, there shall be a committee, which shall be known as the Bookmakers’ Committee, constituted in such manner as the Secretary of State may, after consultation with any body appearing to him to be representative of the interests of bookmakers generally, by regulations made by statutory instrument provide.

(2)Provision may be made, and from time to time varied, by a scheme under this subsection for the payment of remuneration to all or any of the members of the Bookmakers’ Committee, and for the provision of secretarial and other facilities for that committee; and such a scheme—

(a)may be made at any time by agreement between the committee and the Levy Board; or

(b)on any occasion on which proposals for such a scheme are made by the committee or by the Levy Board but the committee and the Board cannot agree thereon, may be made by the three persons for the time being appointed to be members of the Levy Board by the Secretary of State.

(3)The Levy Board shall pay—

(a)any amounts payable by virtue of any scheme under subsection (2) of this section;

(b)any other expenses incurred by the Bookmakers’ Committee for the purposes of this Act with the approval, whether general or special, of the Levy Board;

(c)any travelling and other expenses reasonably incurred by any person as a member of the Bookmakers’ Committee.

(4)The Bookmakers’ Committee may regulate their own procedure and make standing orders governing the conduct of their business.

(5)No act or proceeding of the Bookmakers’ Committee shall be questioned on account of any vacancy in the number of the members thereof or on account of the appointment of any person as a member thereof having been defective.

27 Bookmakers’ levy schemes. E+W+S

(1)The contributions such as are mentioned in section 24(1) of this Act to be made by bookmakers shall be paid by way of a levy in respect of each levy period in accordance with a scheme having effect for that period under this section; and in this Act the expression “levy period” means a period of twelve months beginning with 1st April in any year.

(2)Any such scheme shall include provision—

(a)for securing that the levy shall be payable only by a bookmaker who carries on on his own account a business which includes the effecting of betting transactions on horse races, and only in respect of so much of the business of the bookmaker as relates to such betting transactions;

(b)for bookmakers to be divided for the purposes of the levy into different categories;

(c)for the amount, if any, payable by way of the levy by any particular bookmaker to be determined by reference to the category into which he falls;

(d)as to the method of the promulgation of the scheme by the Levy Board;

(e)for the submission to the Levy Board by each bookmaker before a specified date of a declaration as to the category into which he falls;

(f)for the issue by the Levy Board of notices of assessment to, and certificates of exemption from, the levy.

(3)Not later than such date before the beginning of any levy period as the Levy Board may determine, the Bookmakers’ Committee shall make recommendations to the Levy Board with respect to the scheme to have effect under this section for that period, and those recommendations shall take the form either of a draft scheme or of a recommendation that the current scheme shall continue to have effect without amendment or with specified amendments.

(4)If the Levy Board approve the recommendations aforesaid, or thoserecommendations as revised by the Bookmakers’ Committee in the lightof any observations thereon made to the committee by the Board, thescheme so recommended and approved shall have effect accordingly forthe levy period in question.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

Textual Amendments

Modifications etc. (not altering text)

28 Assessment of or exemption from bookmakers’ levy.E+W+S

(1)–(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

(5)An assessment notice issued by the Levy Board in the case of any bookmaker for any levy period shall be conclusive as to his liability to the levy for that period and the amount payable by him by way thereof unless not later than twenty-eight days after the notice is served on him he gives to the Board notice in writing of appeal therefrom.

(6)On receiving any notice of appeal under the last foregoing subsection, the Levy Board shall refer the appeal to an appeal tribunal established in pursuance of section 29 of this Act, which shall have power to confirm, increase or reduce the assessment, or grant the appellant a certificate of exemption from the levy, according to the tribunal’s opinion as to the category into which he falls, but which—

(a)shall not reduce the assessment or grant the appellant a certificate of exemption unless the appellant has afforded the tribunal all the facilities it may have required for the investigation of his case;

(b)shall confirm the assessment unless the tribunal is satisfied that, on all the evidence made available to it, the assessment should be varied or rescinded;

and any decision of the tribunal as to the category into which the appellant falls for the purposes of the levy for the levy period in question shall be final.

(7)Any amount assessed as payable by any bookmaker by way of the levy in respect of any levy period shall [F50(except to the extent of any payments on account)] become due twenty-eight days after notice of the assessment has been served on the bookmaker or, if he appeals therefrom in pursuance of the foregoing provisions of this section, on the determination or abandonment of the appeal, and shall be recoverable by the Levy Board as a debt due to them.

(8)Upon the discharge by a bookmaker of his liability by way of the levy in respect of any levy period [F51in accordance with the notice of assessment issued in his case], the Levy Board shall issue to him a certificate in writing to the effect that he has done so, and any such certificate shall be conclusive evidence of the facts stated therein.

(9)An assessment notice may be served on any bookmaker either by serving it on him personally or by sending it to him by post at his usual or last-known residence or place of business in the United Kingdom or, if the bookmaker is a company, at the company’s registered office.

(10)If, otherwise than with the consent in writing of the bookmaker concerned or—

(a)for the purposes of this section [F52or section 2 of the M5Horserace Betting Levy Act 1969] or of a report of any proceedings before an appeal tribunal thereunder; or

(b)for the purposes of, or of a report of—

(i)proceedings for the recovery from that bookmaker of any amount due from him [F53under this section] by way of the levy; or

(ii)proceedings relating to that bookmaker before an appropriate authority within the meaning of Schedule 1 to this Act, or before any court on an appeal from any such authority; or

(iii)any criminal proceedings,

any person who is a member, officer or servant of the Levy Board, the Bookmakers’ Committee or an appeal tribunal established in pursuance of section 29 of this Act, or who is consulted by the Bookmakers’ Committee in pursuance of subsection (4) of this section, [F52or by members of the Levy Board in pursuance of section 2(4) of the said Act of 1969], discloses to any other person in such a manner as to identify the bookmaker concerned any declaration by or assessment on any bookmaker for the purposes of the levy, or any other information concerning that bookmaker obtained through the exercise of any functions under this section [F52or under section 2 of the said Act of 1969], or any ruling of the Bookmakers’ Committee or an appeal tribunal as to the category into which any bookmaker falls, he shall be liable on summary conviction to a fine not exceeding [F54level 4 on the standard scale].

Textual Amendments

F54Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 39(3), 56(2), Sch. 3, Sch. 6 and expressed to be substituted (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III

Marginal Citations

29 Levy appeal tribunals. E+W+S

(1)There shall be established for the purposes of section 28 of this Act [F55and section 2 of the Horserace Betting Levy Act 1981]—

(a)one or more appeal tribunals for England and Wales; and

(b)one or more appeal tribunals for Scotland;

and an appeal under section 28(5) of this Act [F56or section 2(1) of the said Act of 1981] shall be referred to a tribunal established for Scotland if the appellant is the holder of a bookmaker’s permit which was last granted or renewed by an authority in Scotland.

(2)Each such tribunal shall consist of a chairman and two other members of whom—

(a)the chairman, who shall be

[F57(i)a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or

(ii)an advocate or solicitor in Scotland of at least 7 years’ standing,]

shall be appointed by the Lord Chancellor or, in the case of a tribunal established for Scotland, by the Lord President of the Court of Session; and

(b)the other members shall be appointed by the Secretary of State;

and each member of any such tribunal shall hold office in accordance with the terms of the instrument under which he was appointed [F58, but subject, in the case of the chairman, to subsection (2A) of this section].

[F59(2A)The chairman of any such tribunal shall vacate his office on the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).]

(3)The procedure of any such tribunal shall be such as the Lord Chancellor or, in the case of a tribunal established for Scotland, the Lord President of the Court of Session may by rules prescribe; and any such rules shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)The Levy Board shall pay to the members of any such tribunal such remuneration as the Board may with the approval of the Secretary of State determine and any travelling and other expenses reasonably incurred by them as members of the tribunal.

(5)The Levy Board shall provide any such tribunal with such secretarial and other facilities as may appear to the Board to be necessary or expedient, and, without prejudice to subsection (7) of this section, shall pay any expenses incurred by the tribunal for the purposes of their functions with the approval, whether general or special, of the Levy Board.

(6)If any such tribunal thinks it just so to direct in allowing any appeal by a bookmaker, the Levy Board shall pay to that bookmaker such amount as the tribunal may specify towards expenses appearing to the tribunal to have been reasonably incurred by the bookmaker in connection with the appeal.

(7)If any such tribunal, in dismissing any appeal by a bookmaker, or on the abandonment of any appeal after the tribunal has taken some action towards its determination, thinks it just that the bookmaker should make a payment towards expenses incurred by the tribunal in connection with the appeal, the tribunal may certify accordingly and the Levy Board shall be entitled to recover from the bookmaker as a debt due to them the amount specified in the certificate.

Textual Amendments

F58Words in s. 29(2) added (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para.48 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.

F59S. 29(2A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para.48 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2

Modifications etc. (not altering text)

C17Functions conferred by s. 29(2)(b) transferred (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1

30 Contributions by Totalisator Board.E+W+S

(1)Subject to subsection (2) of this section, the contribution such as ismentioned in section 24(1) of this Act to be paid by the TotalisatorBoard in respect of any levy period shall be such as may be determinedbefore the beginning of that period by the Levy Board afterconsultation with the Totalisator Board.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

Textual Amendments

F60S. 30(2) repealed with saving by Horserace Betting Levy Act 1969 (c. 14), ss. 5(2), 7(4)

Modifications etc. (not altering text)

Accounts and reports of Levy Board and Totalisator BoardE+W+S

31 Accounts of, and reports by, Levy Board and Totalisator Board.E+W+S

(1)The Levy Board and the Totalisator Board shall each keep proper accounts and proper records in relation to those accounts and prepare proper statements of account in respect of each levy period; and the accounts of each of the Boards for each such period shall be audited by qualified accountants appointed for the purpose by the Board in question for that period.

(2)As soon as the accounts of the Totalisator Board for any levy period have been audited, that Board shall submit a copy of their statements of account and the auditor’s report thereon for that period, together with a report of their proceedings during that period, to the Levy Board; and the Levy Board shall submit to the Secretary of State a report of the proceedings during that period both of the Levy Board and of the Totalisator Board, which shall include the statements of account and the auditor’s report for that period of each of the Boards; and the Secretary of State shall cause a copy of the Levy Board’s report to be laid before each House of Parliament.

(3)The Levy Board shall cause copies of any report submitted by them under the last foregoing subsection to be made and kept available at their offices for inspection by the public without charge during reasonable hours and for supply on demand to any member of the public upon payment of such reasonable charge in respect of each copy as the Board may determine.

[F61 Betting workers: Sunday working]E+W

Textual Amendments

F61Crossheading and s. 31A inserted (3.1.1995) by 1994 c. 40, ss. 20(3), 82(2)

F6231A Rights of betting workers as respects Sunday working.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62S. 31A repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I

Part IIE+W+S Gaming

32—39.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63E+W+S

Textual Amendments

F63Ss. 32–39 repealed by Gaming Act 1968 (c. 65), s. 44(2), Sch. 12

40 References in other Acts to gaming or unlawful games.E+W+S

In the following provisions, that is to say, section 44 of the M6Metropolitan Police Act 1839, section 28 of the M7City of London Police Act 1839, . . . F64 . . . F65 (which prohibit gaming in refreshment houses or on licensed premises), any reference to gaming or unlawful games shall be construed as a reference to the playing of any game in such circumstances that an offence under [F66the M8Gaming Act 1968] is committed or a requirement or restriction for the time being in force under [F66section 6 of that Act] is contravened.

Textual Amendments

F66Words substituted by Gaming Act 1968 (c. 65), s. 53(1)(a), Sch. 11 Pt. I

Marginal Citations

Part IIIE+W+S

41—47.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67E+W+S

Textual Amendments

F67Ss. 41–50,52(1A),54,55(2) repealed by Lotteries and Amusements Act 1976 (c. 32), Sch. 5

Part IVE+W+S

48—50.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68E+W+S

Textual Amendments

F68Ss. 41–50,52(1A),54,55(2) repealed by Lotteries and Amusements Act 1976 (c. 32), Sch. 5

Part VE+W+S General

51 Search warrants.E+W+S

(1)If a justice of the peace is satisfied on information on oath that there is reasonable ground for suspecting that an offence under this Act 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 those premises, if necessary by force, [F69at any time within fourteen days from the time of the issue of the warrant] and search them; and any constable who enters the premises under the authority of the warrant 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 any such offence; and

(b)[F69arrest and] search any person found on the premises whom he has reasonable cause to believe to be commmitting or to have committed any such offence.

(2)In its application to Scotland the foregoing subsection shall have effect as if for the reference to a justice of the peace there were substituted a reference to the sheriff or a magistrate or justice of the peace having jurisdiction in the place where the premises are situated.

Textual Amendments

Modifications etc. (not altering text)

C19S. 51 modified (E.W.) (prosp.) by 2001 c. 16, ss. 55, 68, 138(2), Sch. 1 Pt. III para. 89 (with s. 57(3))

C20S. 51(1) powers of seizure extended (E.W.) (prosp.) by 2001 c. 16, ss. 50, 52-54, 68, 138(2), Sch. 1 Pt. I para. 6

52 Penalties and forfeitures.E+W+S

(1)A person guilty of an offence under any of the following provisions of this Act, that is to say, sections 1(1), 2(1), 4, 5, 6, 16, 32(4) . . . F70 paragraph 29 of Schedule 2 and paragraph 17 of Schedule 5, shall be liable—

(a)on summary conviction, to a fine not exceeding one hundred pounds or, in the case of a second or any subsequent conviction for an offence under the same provision, to imprisonment for a term not exceeding three months or to a fine not exceeding two hundred pounds or to both; or

(b)on conviction on indictment, to a fine not exceeding five hundred pounds or, in the case of a second or any subsequent conviction for an offence under the same provision, to imprisonment for a term not exceeding one year or to a fine not exceeding seven hundred and fifty pounds or to both.

(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

(2)A person guilty of an offence under any provision of this Act not mentioned in the foregoing subsection, being a provision which does not specify any other penalty, shall be liable—

[F72(a)on summary conviction, to a fine not exceeding fifty pounds or, in the case of a second or any subsequent conviction for an offence under the same provision, to imprisonment for a term not exceeding two months or to a fine not exceeding one hundred pounds or to both; or

(b)on conviction on indictment, to a fine not exceeding three hundred pounds or, in the case of a second or any subsequent conviction for an offence under the same provision, to imprisonment for a term not exceeding six months or to a fine not exceeding five hundred pounds or to both.]

[F72on summary conviction to a fine not exceeding [F73level 5 on the standard scale] or to imprisonment for a term not exceeding six months or to both]

(3)Subject to section 8(3) of this Act for the purposes of any provision of this Act with respect to a second or subsequent c0onviction, a conviction for an offence under any provision repealed by this Act shall be deemed to have been a conviction for the like offence under the corresponding provision of this Act.

(4)The court by or before whom a person is convicted of any offence under this Act may order anything produced to the court and 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.

Textual Amendments

F72Words from “on summary” to “both” substituted for paras. (a)(b) (E.W.) by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 30, Sch. 1 para. 17 and (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289A, Sch. 7A para. 13 and amendment continued (S.) (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 1, Sch. 2 Pt. I

53 Offences by bodies corporate.E+W+S

(1)Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

(2)In the foregoing subsection, the expression “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry of part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74E+W+S

Textual Amendments

55 Interpretation, etc.—general. E+W+S

(1)In this Act, except where the context otherwise requires, the following expressions have the following meanings respectively, that is to say—

  • “approved horse racecourse” means any ground in respect of which there is for the time being in force a certificate of approval of that ground as a horse racecourse issued by the [F75Levy Board] under section 13 of this Act;

  • [F76“bet” does not include any bet made or stake hazarded in the course of, incidentally to, any gaming]

  • “betting agency permit” has the meaning assigned by section 9(2) of this Act;

  • “betting office licence” has the meaning assigned by section 9(1) of this Act;

  • “betting transaction”includes the collection or payment of winnings on a bet and any transaction in which one or more of the parties is acting as a bookmaker;

  • “bookmaker” means any person other than the Totalisator Board who—

    (a)

    whether on his own account or as servant or agent to any other person, carries on, whether occasionally or regularly, the business of receiving or negotiating bets or conducting pool betting operations; or

    (b)

    by way of business in any manner holds himself out, or permits himself to be held out, as a person who receives or negotiates bets or conducts such operations,

    so, however, that a person shall not be deemed to be a bookmaker by reason only of the fact—

    (i)

    that he carries on, or is employed in, sponsored pool betting business; or

    (ii)

    that he operates, or is employed in operating, a totalisator;

    and the expression “bookmaking” shall be construed accordingly;

  • “Bookmakers’ Committee” means the committee established in accordance with section 26 of this Act;

  • “bookmaker’s permit” has the meaning assigned by section 2(1) of this Act;

  • “contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;

  • “dog race” means a race in which an object propelled by mechanical means is pursued by dogs, and “dog racecourse” shall be construed accordingly;

  • [F77“game of chance” and “gaming” have the same meanings as in the M9Gaming Act 1968]

[F78“inter-track betting scheme” means a scheme for the pooling of bets made by means of totalisators on different licensed tracks, being bets on a dog race run on a track participating in the scheme or on a combination of dog races run on the same participating track;]

  • “the Levy Board” means the Horse race Betting Levy Board established in accordance with section 24 of this Act;

  • “levy period” has the meaning assigned by section 27(1) of this Act;

  • “licensed betting office” means premises in respect of which a betting office licence is for the time being in force;

[F79“licensed inter-track betting scheme” means an inter-track betting scheme in respect of which a licence under Schedule 5ZA to this Act is for the time being in force;]

  • “licensed track” means a track in respect of which a track betting licence is for the time being in force;

  • “licensee” in relation to a licensed betting office, means the holder of the betting office licence for the time being in force in respect of that office;

  • “money” includes a cheque, banknote, postal order or money order;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80

  • “player”, in relation to a game of chance, includes any person taking part in the game against whom other persons taking part in the game stake, play or bet;

  • “pool betting” has the same meaning as for the purposes of [F81the Betting and Gaming Duties Act 1981];

  • “pool betting business” means business involving the receiving or negotiating of bets made by way of pool betting;

  • “premises” includes any place and, in sections 1, 32 and 33 of this Act, also includes any vessel;

  • “prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, and any such regulations may make different provision for different circumstances;

  • [F82“qualified accountant” means a person who is eligible for appointment as a company auditor under section 25 of the Companies Act 1989;]

  • “recognised horse race” means a horse race run on an approved horse racecourse on a day when horse races and no other races take place on that racecourse;

  • “registered pool promoter” has the meaning assigned by section 4(2) of this Act;

  • “sponsored pool betting” means pool betting by means of facilities provided by the Totalisator Board or provided on an approved horse racecourse with the authority of that Board by the persons having the management of that racecourse;

  • “ticket”, in relation to any lottery or proposed lottery, includes any document evidencing the claim of a person to participate in the chances of the lottery;

  • “totalisator” means the contrivance for betting known as the totalisator or pari mutuel, or any other machine or instrument of betting of a like nature, whether mechanically operated or not;

  • “the Totalisator Board” means the Horserace Totalisator Board established in accordance with section 12 of this Act;

  • “track” means premises on which races of any description, athletic sports or other sporting events take place;

  • “track betting licence” has the meaning assigned by section 6(1) of this Act;

  • “winnings” includes winnings of any kind and any reference to the amount or to the payment of winnings shall be construed accordingly.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84

(4). . . F85 the M10Statutory Instruments Act 1946 shall apply to any instrument made in pursuance. . . F85 of the power conferred on the Lord President of the Court of Session by section 29(3) of this Act in like manner as if that power had been conferred on a Minister of the Crown.

(5)Save where the context otherwise requires, any reference in this Act to any enactment shall be constured as a reference to that enactment as amended by or under any other enactment.

Textual Amendments

F77Definition substituted by Gaming Act 1968 (c. 65), Sch. 11 Pt. I

F78Definition in s. 55(1) inserted (7.1.1996) by S.I. 1995/3231, art. 5(4)(a)

F79Definition in s. 55(1) inserted (7.1.1996) by S.I. 1995/3231, art. 5(4)(b)

F80Definition of “newspaper” repealed by Lotteries and Amusements Act 1976 (c. 32), Sch. 5

F82S. 55(1): definition of 'qualified accountant' substituted by S.I. 1991/1997, arts. 2, 4, Sch. para. 11

Modifications etc. (not altering text)

C21Functions of Board of Trade now exercisable by Secretary of State concurrently with Board of Trade: S.I. 1970/1537

Marginal Citations

56 Consequential amendments in other Acts.E+W+S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86

(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87

Textual Amendments

57 Repeals and savings.E+W+S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88

(2)Where any provision contained in any local Act passed before the M11Betting and Gaming Act 1960 appears to the Secretary of State to have been superseded by, or to be inconsistent with, any enactment contained in this Act, being an enactment corresponding to any enactment in the said Act of 1960 which is repealed by this Act, the Secretary of State may by order made by statutory instrument, a draft of which shall be laid before Parliament, specify that provision for the purposes of this subsection; and, without prejudice to the operation in the meantime of any rule of law relating to the effect on any such provision of any such enactment, any provision so specified is hereby repealed as from the date of the making of the order.

(3)Any regulation, licence, permit, register or other instrument or document whatsoever made, issued or kept, and any other thing done, under or by virtue of any of the enactments repealed by this Act shall be deemed for the purposes of this Act to have been made or issued, to be kept, or to have been done, as the case may be, under the corresponding provision of this Act; and anything begun under any of the said enactments may be continued under this Act as if begun under this Act.

(4)So much of any enactment or document as refers expressly or by implication to any enactment repealed by this Act shall, if and so far as the context permits, be construed as referring to this Act or the corresponding enactment therein.

(5)Nothing in this section . . . F89 shall be taken as affecting the general application of section 38 of the M12Interpretation Act 1889 with regard to the effect of repeals.

Textual Amendments

Marginal Citations

58 Short title, extent and commencement.E+W+S

(1)This Act may be cited as the Betting, Gaming and Lotteries Act 1963.

(2)This Act shall not extend to Northern Ireland.

(3)This Act shall come into force at the expiration of the period of one month beginning with the day on which it is passed.