Betting, Gaming and Lotteries Act 1963

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

(1) Subject to [F1 subsections (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 [F2 level 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 to be played on a Saturday, a Sunday or a day that is a bank holiday in England and Wales or in Scotland under the M1 Banking and Financial Dealings Act 1971, 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.

Textual Amendments

F1 Words in s. 1(1) substituted (14.11.1994) by 1993, c. 39, s. 56(2); S.I. 1994/2659, art. 2

F2 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F3 S. 1(4A)-(4D) inserted (14.11.1994) by 1993 c. 39, s. 56(3); S.I. 1994/2659, art. 2

Modifications etc. (not altering text)

C1 S. 1(1) extended (E.W.) by Licensing Act 1964 (c. 26), s. 100(4)(c)

Marginal Citations

M1 1971 c. 80.