Part IE+W+S Gaming Elsewhere than on Premises Licensed or Registered under Part II of this Act

8 Offences under Part I.E+W+S

(1)If any gaming takes place in contravention of any of the provisions of sections 2 to 4 of this Act, every person concerned in the organisation or management of the gaming shall be guilty of an offence.

(2)For the purposes of the preceding subsection any person who takes part in procuring the assembly of the players shall be taken to be concerned in the organisation of the gaming.

(3)Without prejudice to the preceding provisions of this section, where any gaming takes place on any premises, or in any vessel or vehicle, in contravention of any of the provisions of sections 2 to 4 of this Act, any person who, knowing or having reasonable cause to suspect that the premises, vessel or vehicle would be used for gaming in contravention of any of those provisions,—

(a)allowed the premises, vessel or vehicle to be used for the purposes of gaming to which this Part of this Act applies, or

(b)let, or let on hire, the premises, vessel or vehicle, or otherwise made the premises, vessel or vehicle available, to any person by whom an offence under subsection (1) of this section is committed in connection with the gaming,

shall be guilty of an offence.

(4)Any person guilty of an offence under subsection (1) or subsection (3) of this section shall be liable—

(a)on summary conviction, to a fine not exceeding £400;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

(5)Any person who contravenes section 5(1) of this Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F1level 4 on the standard scale].

(6)Any person who contravenes section 7(1) of this Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F2level 1 on the standard scale].

(7)Any person who contravenes subsection (2) . . . F3of section 7 of this Act shall be guilty of an offence; and—

(a)where the offence is committed in England or Wales, the provisions of [F4section 169H], and of section 194(2), of the M1Licensing Act 1964, or

(b)where the offence is committed in Scotland, the provisions of [F5Schedule 5 to the M2Licensing (Scotland) Act 1976],

shall have effect as those provisions have effect in relation to an offence under [F6subsection (2) of section 169E of the said Act of 1964], or to a contravention of subsection (1) of [F5[F7section 68] of the said Act of 1976], as the case may be.

Textual Amendments

F1Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt. II it is provided (S.) (1.4.1996) that s. 8(5) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine not exceeding £50.

F4Words in s. 8(7)(a) substituted (E.W.) (23.1.2001) by 2000 c. 30, ss. 2(3), 3(2)

F6Words in s. 8(7) substituted (E.W.) (23.1.2001) by 2000 c. 30, ss. 2(3), 3(2)

Marginal Citations