Betting and Gaming Duties Act 1981
1981 c. 63
An Act to consolidate certain enactments concerning the duties of excise relating to betting and gaming.
Part I Betting Duties
F47 General betting duty
F11 The duty
A duty of excise to be known as general betting duty shall be charged in accordance with sections 2 to 5D.
F22 Bookmakers: general bets
1
General betting duty shall be charged on a bet made with a bookmaker who is in the United Kingdom.
2
Subsection (1) does not apply to—
a
an on-course bet,
b
a spread bet, F3...
c
a bet made by way of pool bettingF4, or
d
a bet made using a gaming machine, within the meaning of section 23 of the Value Added Tax Act 1994.
3
The amount of duty charged in respect of bets made with a bookmaker in an accounting period shall be 15 per cent. of the amount of his net stake receipts for that period.
F53 Bookmakers: spread bets
1
General betting duty shall be charged on a spread bet made with a bookmaker who—
a
is in the United Kingdom, F6. . .
b
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F72
A bet is a spread bet if it constitutes a contract the making or accepting of which is a regulated activity within the meaning of section 22 of the Financial Services and Markets Act 2000.
3
The amount of duty charged under subsection (1) in respect of spread bets made with a bookmaker in an accounting period shall be—
a
3 per cent. of the amount of his net stake receipts in respect of financial spread bets for that period (if any), plus
b
10 per cent. of the amount of his net stake receipts in respect of other spread bets for that period (if any).
4
A “financial spread bet” is a spread bet the subject of which is a financial matter.
5
The Commissioners may by order provide that a specified matter—
a
shall be treated as a financial matter for the purpose of subsection (4), or
b
shall not be treated as a financial matter for that purpose.
F84Pool betting on horse and dog races
1
General betting duty shall be charged on pool betting which—
a
relates only to horse racing or dog racing, and
b
is not on-course betting.
2
But subsection (1) does not apply to pool betting if—
a
the promoter is outside the United Kingdom, and
b
it is conducted otherwise than by means of a totalisator situated in the United Kingdom.
3
The amount of duty charged under subsection (1) in respect of bets made by means of facilities provided by a person in an accounting period shall be 15 per cent. of the amount of his net stake receipts for the period.
F95 Net stake receipts
1
For the purposes of a charge under a provision of sections 2 to 4 in respect of the class of bets to which the provision applies, the amount of a person’s net stake receipts for an accounting period is X minus Y, where—
a
X is the aggregate of amounts which fall due to that person in the accounting period in respect of bets of that class made with him, and
b
Y is the aggregate of amounts paid by the person in that period by way of winnings to persons who made bets of that class with him (irrespective of when the bets were made or determined).
2
Where—
a
a person makes a bet other than a spread bet, and
b
the sum which he will lose if unsuccessful is known when the bet is made,
that sum shall be treated for the purposes of subsection (1)(a) as falling due when the bet is made (irrespective of when it is actually paid or required to be paid).
3
Where the amount of a person’s net stake receipts is zero or a negative amount, it shall be disregarded for the purposes of sections 2 to 4 F10except as provided for by section 5AA.
4
In calculating an amount due to a person in respect of a bet, no deduction shall be made in respect of—
a
any other benefit secured by the person who makes the bet as a result of paying the money,
b
a person’s expenses, whether in paying duty or otherwise, or
c
any other matter.
5
Where a person makes a bet in pursuance of an offer which permits him to pay nothing or less than the amount which he would have been required to pay without the offer, he shall be treated for the purposes of this section as being due to pay that amount—
a
to the person with whom the bet is made, and
b
at the time when the bet is made.
6
For the purpose of subsection (1)(b)—
a
the reference to paying an amount to a person includes a reference to holding it in an account if the person is notified that the amount is being held for him in the account and that he is entitled to withdraw it on demand,
b
the return of a stake shall be treated as a payment by way of winnings, and
c
only payments of money shall be taken into account.
7
In the application of this section to a charge under F11section 4(1), a reference to bets made with a person shall be treated as a reference to bets made by means of facilities provided by him.
5AAF24Relief for losses
1
This section applies where the amount of a person’s net stake receipts for an accounting period in respect of a class of bets (calculated in accordance with section 5(1)) is a negative amount.
2
That amount shall be carried forward to the following accounting period and, to the extent that it does not exceed it, deducted from the amount of the person’s net stake receipts in respect of the same class of bets for that period.
3
If the amount of those net stake receipts for that following accounting period—
a
is not a positive amount, or
b
is less than the amount carried forward,
the amount carried forward or, as the case may be, the balance of it shall be treated for the purposes of this section as if it were a negative amount of net stake receipts for that period in respect of the same class of bets.
5ABF25Betting exchanges
1
This section applies where—
a
one person makes a bet with another person using facilities provided by a third person in the course of a business, and
b
that business is one that does not involve the provision of premises for use by persons making or taking bets.
2
General betting duty shall be charged on the amounts (“commission charges”) that the parties to the bet are charged, whether by deduction from winnings or otherwise, for using those facilities.
3
No deductions shall be allowed from commission charges.
4
The amount of duty charged under this section in respect of bets determined in an accounting period shall be 15 per cent of the commission charges relating to those bets.
5
For the purposes of this section, and section 5B(4) so far as relating to this section, a person who arranges for facilities relating to a bet to be provided by another person shall be treated as providing them himself (and the other person shall not).
5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F135B Liability to pay
F141
All general betting duty chargeable in respect of—
a
bets made in an accounting period, or
b
in the case of duty chargeable under section 5AB, bets determined in an accounting period,
shall become due at the end of that period.
2
In the case of bets made with a bookmaker in an accounting period the general betting duty shall be paid—
a
when it becomes due, and
b
by the bookmaker.
3
But general betting duty which is due to be paid by a bookmaker in respect of bets may be recovered from the following persons as if they and the bookmaker were jointly and severally liable to pay the duty—
a
the holder of a F15general betting operating licence (in Great Britain), or a bookmaker's permit (in Northern Ireland), for the business in the course of which the bets were made;
b
a person responsible for the management of that business;
c
where the bookmaker is a company, a director.
4
In the case of bets made in an accounting period by means of facilities provided by a person as described in F16section 4(1)F17or 5AB the general betting duty shall be paid—
a
when it becomes due, and
b
by the person who provides the facilities.
5
This section is without prejudice to paragraph 2 of Schedule 1 to this Act or regulations made under it.
F185C Bet-brokers
1
This section applies where—
a
one person (the “bettor”) makes a bet with another person (the “bet-taker”) using facilities provided in the course of a businessF19, other than a betting-exchange business, by a third person (the “bet-broker”), or
b
one person (the “bet-broker”) in the course of a business makes a bet with another person (the “bet-taker”) as the agent of a third person (the “bettor”) (whether the bettor is a disclosed principal or an undisclosed principal).
F20In paragraph (a) “betting-exchange business” means a business such as is mentioned in section 5AB(1).
F212
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F213
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F21... , for the purposes of sections 2 to 5B—
a
the bet shall be treated as if it were made separately by the bettor with the bet-broker and by the bet-broker with the bet-taker,
b
the bet-broker shall be treated as a bookmaker in respect of the bet,
c
the aggregate of amounts due to be paid by the bettor in respect of the bet shall be treated as being due separately to the bet-broker and to the bet-taker (and any amount due to be paid by the bet-broker to the bet-taker shall be disregarded), and
d
a sum paid by the bet-taker by way of winnings in respect of the bet shall be treated as having been paid separately by the bet-taker and by the bet-broker at that time and for that purpose (and any sum paid by the bet-broker shall be disregarded).
5
This section does not apply—
a
to bets made by way of pool betting, F22. . .
b
F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Where there is any doubt as to which of two persons is the bettor and which the bet-taker for the purposes of subsection (1)(a), whichever of the two was the first to use the facilities of the bet-broker to offer the bet shall be treated as the bet-taker.
F235D Accounting period
1
For the purposes of sections 2 to 5C—
a
each calendar month is an accounting period, but
b
the Commissioners may provide in regulations under paragraph 2 of Schedule 1 to this Act for some other specified period to be an accounting period.
2
Regulations made by virtue of subsection (1)(b) may—
a
make provision which applies generally or only in relation to a specified person or class of person;
b
make different provision for different purposes;
c
make transitional provision.
F28Pool betting duty
Ss. 6-8C and preceding cross-heading substituted for ss. 6-8 (24.7.2002 for specified purposes and otherwise retrospective to 31.3.2002 with effect as mentioned in s. 12(3) of the amending Act) by Finance Act 2002 (c. 23), s. 12, Sch. 4 Pt. 1 para. 2
6F29 The duty
A duty of excise to be known as pool betting duty shall be charged in accordance with sections 7 to 8C.
7 Duty charged on net pool betting receipts
1
If the amount of a person’s net pool betting receipts for an accounting period is greater than zero, pool betting duty is charged on those receipts.
2
The amount of that duty is 15 per cent of the amount of the receipts.
7ZAF30Relief for losses
1
This section applies where the amount of a person’s net pool betting receipts for an accounting period is a negative amount.
2
That amount shall be carried forward to the following accounting period and, to the extent that it does not exceed it, deducted from the amount of the person’s net pool betting receipts for that period.
3
If the amount of the net pool betting receipts for that following accounting period—
a
is not a positive amount, or
b
is less than the amount carried forward,
the amount carried forward or, as the case may be, the balance of it shall be treated for the purposes of this section as if it were a negative amount of net pool betting receipts for that period.
7A Calculating net pool betting receipts
For the purposes of section 7, the amount of a person’s net pool betting receipts for an accounting period is—
where—
S is the aggregate of amounts falling due to the person in the accounting period in respect of dutiable pool bets,
E is the aggregate of expenses and profits falling within section 7E(2) that are attributable to the accounting period, and
W is the aggregate of amounts paid by the person in the accounting period by way of winnings on dutiable pool bets (irrespective of when the bets were made or determined).
7B Net pool betting receipts: meaning of “dutiable pool bet”
1
For the purposes of a calculation under section 7A of the amount of a person’s net pool betting receipts for any accounting period, a bet (wherever made) is a “dutiable pool bet” if—
a
the bet is made by way of pool betting, and
b
the following conditions are satisfied.
2
The first condition is that—
a
the bet is made by means of a totalisator situated in the United Kingdom and that person is the operator, or
b
F26. . . that person is the promoter and is in the United Kingdom.
3
The second condition is that the bet is not—
F27a
made wholly in relation to horse racing or dog racing,
c
made for community benefit.
4
The third condition is that if the bet was made before 31st March 2002, at least one event to which it relates takes place on or after that date.
7C Net pool betting receipts: calculating stake money
1
This section applies for the purpose of calculating S in a calculation under section 7A.
2
Any payment that entitles a person to make a bet shall, if he makes the bet, be treated as stake money on the bet.
3
All payments made—
a
for or on account of or in connection with bets that are dutiable pool bets for the purposes of the calculation,
b
in addition to the stake money, and
c
by the persons making the bets,
shall be treated as amounts due in respect of the bets except in so far as the contrary is proved by the person whose net pool betting receipts are being calculated.
7D Net pool betting receipts: when stakes etc fall due
1
Subsections (2) to (5) apply for the purpose of calculating S in a calculation under section 7A but have effect subject to any regulations under subsection (6).
2
Where—
a
a person makes a bet, and
b
the bet relates to a single event, or to two or more events all taking place on the same day,
any sum due to a person in respect of the bet shall be treated as falling due on the day on which the event or events take place.
3
Where—
a
a person makes a bet, and
b
subsection (2) does not apply,
any sum due to a person in respect of the bet shall (subject to subsection (5)) be treated as falling due when the bet is made.
4
Subsections (2) and (3) have effect in relation to a sum irrespective of when it is actually paid or required to be paid (even where a sum that those subsections require to be treated as falling due on or after 31st March 2002 was actually paid, or required to be paid, before that date).
5
As respects a bet made before 31st March 2002 that relates to events at least one of which takes place before that date and at least one of which takes place on or after that date, any sum paid on or after that date in respect of the bet shall be treated as falling due when it is paid.
6
The Commissioners may by regulations make provision as to when any sum due to a person in respect of a bet is to be treated as falling due for the purpose of calculating S in a calculation under section 7A.
7
Provision made by regulations under subsection (6) may not provide for a sum due to a person in respect of a bet to be treated as falling due—
a
earlier than when the bet is made, or
b
later than when the bet is determined.
8
Regulations made under subsection (6) may—
a
make provision that applies generally or only in relation to a specified description of bet;
b
make different provision for different purposes;
c
make provision relating to bets made before the regulations are made (including bets made before the passing of the Finance Act 2002);
d
make transitional provision.
7E Net pool betting receipts: expenses and profits
1
Subsections (2) and (3) apply for the purpose of calculating E in a calculation under section 7A.
2
The expenses and profits falling within this subsection are (subject to subsection (3))—
a
those of the person whose net pool betting receipts are being calculated, and
b
those of any other person concerned with or benefiting from the promotion of the betting concerned.
3
Expenses and profits do not fall within subsection (2) so far as they are—
a
provided out of amounts due, in respect of bets that are dutiable pool bets for the purposes of the calculation, to the person whose net pool betting receipts are being calculated, or
b
referable to matters other than—
i
the promotion or management of the betting concerned, or
ii
activities ancillary to, or connected with, such promotion or management.
4
The Commissioners may by regulations make provision as to the accounting period to which expenses and profits falling within subsection (2) are to be treated as attributable for the purpose of calculating E in a calculation under section 7A.
5
Regulations made under subsection (4) may—
a
make provision that applies generally or only in relation to a specified description of bet;
b
make different provision for different purposes;
c
make provision applying in respect of expenses incurred, and profits accruing, before the regulations are made (including any incurred or accruing before the passing of the Finance Act 2002);
d
make transitional provision.
7F Net pool betting receipts: calculating winnings
1
Subsections (2) to (5) apply for the purpose of calculating W in a calculation under section 7A.
2
The reference to paying an amount to a person includes a reference to holding it in an account if the person is notified that the amount is being held for him in the account and that he is entitled to withdraw it on demand.
3
The return of a stake shall be treated as a payment by way of winnings.
4
Only payments of money shall be taken into account.
5
Where a bet made before 31st March 2002 relates to events at least one of which takes place before that date and at least one of which takes place on or after that date, no account shall be taken of any payment by way of winnings on the bet.
6
The Commissioners may by regulations make provision as to when amounts paid by way of winnings are to be treated as being paid for the purposes of calculating W in a calculation under section 7A.
7
Regulations made under subsection (6) may—
a
make provision that applies generally or only in relation to a specified description of bet;
b
make different provision for different purposes;
c
make provision applying in respect of amounts paid before the regulations are made (including amounts paid before the passing of the Finance Act 2002);
d
make transitional provision.
8 Payment and recovery
1
Pool betting duty charged on a person’s net pool betting receipts for an accounting period—
a
becomes due at the end of the period,
b
shall be paid by the person, and
c
shall, subject to any regulations under subsection (3) F300... , be paid when it becomes due.
2
Pool betting duty that is due to be paid may be recovered from the following persons as if they were jointly and severally liable to pay the duty—
a
the person on whose net pool betting receipts the duty is charged (“the primary payer”);
b
a person responsible for the management of any business in the course of which any bets have been made that are dutiable pool bets for the purposes of calculations under section 7A of the amount of the primary payer’s net pool betting receipts for any accounting period;
c
a person responsible for the management of any totalisator used for the purposes of any such business;
d
where a person within any of paragraphs (a) to (c) is a company, a director.
3
The Commissioners may by regulations—
a
make provision as to when pool betting duty is to be paid (including provision repealing paragraph 3 of Schedule 1 to this Act and the reference to that paragraph in subsection (1)(c));
b
make provision as to how pool betting duty is to be paid.
4
Regulations made under subsection (3) may—
a
make provision that applies generally or only in relation to a specified person or class of person;
b
make different provision for different purposes;
c
make transitional provision.
8A Meaning of “bet made for community benefit" in sections 6 to 8
1
For the purposes of sections 6 to 8 (but subject to any direction under subsection (3)), a bet is made “for community benefit” if—
a
the promoter of the betting concerned is a community society or is bound to pay all benefits accruing from the betting to such a society, and
b
the person making the bet knows, when making it, that the purpose of the betting is to benefit such a society.
2
In the case of a bet made by means of a totalisator, the reference in subsection (1) to the promoter of the betting concerned is a reference to the operator.
3
The Commissioners may direct that any bet specified by the direction, or of a description so specified, is not a bet made for community benefit.
4
The power conferred by subsection (3) may not be exercised unless the Commissioners consider that an unreasonably large part of the amounts paid in respect of the bets concerned will, or may, be applied otherwise than—
a
in the payment of winnings, or
b
for the benefit of a community society.
5
In this section “community society” means—
a
a society established and conducted for charitable purposes only, or
b
a society established and conducted wholly or mainly for the support of athletic sports or athletic games and not established or conducted for purposes of private gain.
6
In this section “society” includes any club, institution, organisation or association of persons, by whatever name called.
8B Meaning of “accounting period" in sections 6 to 8
1
For the purposes of sections 6 to 8—
a
each period that ends with the last Saturday in a calendar month, and begins with the Sunday immediately following the previous such Saturday, is an accounting period, but
b
the Commissioners may by regulations make provision for some other specified period to be an accounting period.
2
Regulations made under subsection (1)(b) may—
a
make provision that applies generally or only in relation to a specified person or class of person;
b
make different provision for different purposes;
c
make transitional provision.
8C Meaning of “bet" in sections 6 to 8A
1
For the purposes of sections 6 to 8A, “bet” does not include the taking of a ticket or chance in a lottery.
2
Where payments are made for the chance of winning any money or money’s worth on terms under which the persons making the payments have a power of selection that may (directly or indirectly) determine the winner, those payments shall be treated as bets for the purposes of sections 6 to 8A notwithstanding that the power is not exercised.
3
Subsection (2) has effect subject to section 12(3).
4
Where any payment entitles a person to take part in a transaction that is, on his part only, not a bet made by way of pool betting by reason of his not in fact making any stake as if the transaction were such a bet, the transaction shall be treated as such a bet for the purposes of pool betting duty (and section 7C(3) shall apply to any such payment).
General
9 Prohibitions for protection of revenue.
F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9A Further prohibitions for protection of revenue: overseas bet-brokers
F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9B Offences under sections 9 and 9A: penalties
F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 Definition of pool betting.
1
For the purposes of this Part of this Act, a bet shall be deemed to be made by way of pool betting unless it is a bet at fixed odds, and, in particular, bets shall be held to be made by way of pool betting wherever a number of persons make bets—
a
on terms that the winnings of such of those persons as are winners shall be, or be a share of, or be determined by reference to, the stake money paid or agreed to be paid by those persons, whether the bets are made by means of a totalisator, or by filling up and returning coupons or other printed or written forms, or in any other way, or
b
on terms that the winnings of such of those persons as are winners shall be, or shall include, an amount (not determined by reference to the stake money paid or agreed to be paid by those persons) which is divisible in any proportions among such of those persons as are winners, or
c
on the basis that the winners or their winnings shall, to any extent, be at the discretion of the promoter or some other person.
2
A bet is a bet at fixed odds within the meaning of this section only if each of the persons making it knows or can know, at the time he makes it, the amount he will win, except in so far as that amount is to depend on the result of the event or events betted on, or on any such event taking place or producing a result, or on the numbers taking part in any such event, or on the starting prices or totalisator odds for any such event, or on there being totalisator odds on any such event, or on the time when his bet is received by any person with or through whom it is made.
In this subsection—
“starting prices” means, in relation to any event, the odds ruling at the scene of the event immediately before the start, and
F34“totalisator odds” means the odds paid on bets made—
- a
by means of a totalisator, and
- b
at the scene of the event to which the bets relate.
- a
3
A bet made with or through a person carrying on a business of receiving or negotiating bets, being a bet made in the course of that business, shall be deemed not to be a bet at fixed odds within the meaning of this section if the winnings of the person by whom it is so made consist or may consist wholly or in part of something other than money.
4
Where a person carries on a business of receiving or negotiating bets and there is or has been issued in connection with that business any advertisement or other publication calculated to encourage in persons making bets of any description with or through him a belief that the bets are made on the basis mentioned in subsection (1)(c) above, then any bets of that description subsequently made with or through him in the course of that business shall be deemed for the purposes of this section to be made on that basis.
11 Definition of coupon betting.
F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C112 Supplementary provisions.
1
Where particulars of an intended bet on which general betting duty or pool betting duty would be chargeable and the stake on that bet are collected for transmission to the person by whom that duty would fall to be paid by some other person, whether or not a bookmaker, who holds himself out as available for so collecting and transmitting them, but are in fact not so transmitted, the bet shall be deemed to have been made but the duty in respect of it shall be paid by that other person.
2
The provisions of Schedule 1 to this Act (supplementary provisions as to betting duties) shall have effect.
3
In sections 1 to 10 above F36. . . , in subsection (1) above and in paragraph 10 of Schedule 1 to this Act, “bet” does not include any bet made or stake hazarded in the course of, or incidentally to, any gaming.
4
In this Part of this Act—
F37“betting office licence”—
F39“bookmaker” means a person who—
- a
carries on the business of receiving or negotiating bets or conducting pool betting operations (whether as principal or agent and whether regularly or not), or
- b
holds himself out or permits himself to be held out, in the course of a business, as a person within paragraph (a);
- a
“bookmaker’s permit”—
- a
F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- b
in Northern Ireland, means a bookmaker’s licence as defined in Article 2(2) of the said Order of 1985;
- a
F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42“general betting operating licence” has the same meaning as in Part 5 of the Gambling Act 2005 (see section 65(2)(c));
F43“on-course bet” has the meaning given by subsection (4A);
“operator”, in relation to bets made by means of a totalisator, means the person who, as principal, operates the totalisator;
“promoter”, in relation to any betting, means the person to whom the persons making the bets look for the payment of their winnings, if any;
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“winnings” includes winnings of any kind, and references to amount and to payment in relation to winnings shall be construed accordingly;
F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F464A
A bet is an on-course bet for the purposes of this Part of this Act if it—
a
is made by a person present at a horse or dog race meeting or by a bookmaker,
b
is not made through an agent of an individual making the bet or though an intermediary, and
c
is made—
i
with a bookmaker present at the meeting, or
ii
by means of a totalisator situated in the United Kingdom, using facilities provided at the meeting by or by arrangement with the person operating the totalisator.
5
In this Part of this Act references to this Part of this Act include Schedule 1 to this Act.
Part II Gaming Duties
Gaming licence duty
F4813. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4914. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5015. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bingo duty
17F55Bingo duty
1
A duty of excise, to be known as bingo duty, shall be charged—
a
on the playing of bingo in the United Kingdom, and
b
at the rate of F29920 per cent of a person’s bingo promotion profits for an accounting period.
2
Subsection (1) is subject to the exemptions specified in Part 1 of Schedule 3 to this Act.
F2882A
Bingo duty is not charged on the playing of bingo which is not licensed bingo if remote gaming duty is charged on the provision of facilities for playing it.
3
The amount of a person’s bingo promotion profits for an accounting period is—
a
the amount of the person’s bingo receipts for the period (calculated in accordance with section 19), minus
b
the amount of his expenditure on bingo winnings for the period (calculated in accordance with section 20).
4
Bingo duty charged in respect of a person’s bingo promotion profits shall be paid by him.
5
Where the amount that would be charged in respect of a person’s bingo promotion profits for an accounting period is less than £1, no duty shall be charged.
18Accounting period
1
For the purposes of section 17 an accounting period ends, and another begins, at the end of the last Sunday in each calendar month.
2
But regulations under paragraph 9 of Schedule 3 to this Act may make provision in place of subsection (1) for the purposes of the application of section 17 to specified persons or in specified circumstances.
3
Regulations made by virtue of subsection (2) may make transitional provision.
19Bingo receipts
1
A person has bingo receipts for an accounting period if payments fall due in the period in respect of entitlement to participate in bingo promoted by him.
2
The amount of the person’s bingo receipts for the accounting period is the aggregate of those payments.
3
For the purposes of subsections (1) and (2)—
a
an amount in respect of entitlement to participate in a game of bingo is to be treated as falling due in the accounting period in which the game is played,
F277b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
it is immaterial whether an amount falls due to be paid to the promoter or to another person,
d
it is immaterial whether an amount is described as a fee for participation, as a stake, or partly as one and partly as the other, and
e
where a sum is paid partly in respect of entitlement to participate in a game of bingo and partly in respect of another matter—
i
such part of the sum as is applied to, or properly attributable to, entitlement to participate in the game shall be treated as an amount falling due in respect of entitlement to participate in the game, and
ii
the remainder shall be disregarded.
20Expenditure on bingo winnings
1
A person’s expenditure on bingo winnings for an accounting period is the aggregate of the values of prizes provided by him in that period by way of winnings at bingo promoted by him.
C22
Where a prize is obtained by the promoter from a person not connected with him, the cost to the promoter shall be treated as the value of the prize for the purpose of subsection (1).
C23
Where a prize is a voucher which—
a
may be used in place of money as whole or partial payment for benefits of a specified kind obtained from a specified person,
b
specifies an amount as the sum or maximum sum in place of which the voucher may be used, and
c
does not fall within subsection (2),
the specified amount is the value of the voucher for the purpose of subsection (1).
C24
Where a prize is a voucher (whether or not it falls within subsection (2)) it shall be treated as having no value for the purpose of subsection (1) if—
a
it does not satisfy subsection (3)(a) and (b), or
b
its use as described in subsection (3)(a) is subject to a specified restriction, condition or limitation which may make the value of the voucher to the recipient significantly less than the amount mentioned in subsection (3)(b).
C25
In the case of a prize which—
a
is neither money nor a voucher, and
b
does not fall within subsection (2),
the value of the prize for the purpose of subsection (1) is—
i
the amount which the prize would cost the promoter if obtained from a person not connected with him, or
ii
where no amount can reasonably be determined in accordance with sub-paragraph (i), nil.
6
For the purpose of this section—
C2a
a reference to connection between two persons shall be construed in accordance with F297section 1122 of the Corporation Tax Act 2010 (connected persons), and
b
an amount paid by way of value added tax on the acquisition of a thing shall be treated as part of its cost (irrespective of whether or not the amount is taken into account for the purpose of a credit or refund).
20ACombined bingo
1
A game of bingo is “combined bingo” if—
a
F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
it is played in more than one place and promoted by more than one person.
2
Payments made in respect of entitlement to participate in combined bingo shall be treated for the purposes of section 19(1) as bingo receipts only of the first promoter to whom (or at whose direction) they are paid.
3
Where money representing stakes hazarded at combined bingo is paid in an accounting period by one promoter of the bingo (“the first promoter”) to another (“the second promoter”)—
a
the money shall not be treated as a bingo receipt of the second promoter for the purposes of section 19(1),
b
the payment shall be treated as expenditure of the first promoter on bingo winnings for the accounting period for the purposes of section 20(1), and
c
no subsequent payment of all or part of the money shall be treated as expenditure on bingo winnings for the purposes of section 20(1) (whether paid by the second promoter to another person, by the first promoter having received it from the second promoter, or otherwise).
4
Subsections (2) and (3) shall apply only where the combined bingo is played entirely in the United Kingdom.
20BCarrying losses forward
1
Where the calculation of a person’s bingo promotion profits for an accounting period results in a negative amount (“the loss”)—
a
no bingo duty shall be chargeable in respect of that accounting period, and
b
for the purpose of section 17(3), the amount of the person’s expenditure on bingo winnings for the next accounting period shall be increased by the amount of the loss.
2
Subsection (1) applies to an accounting period whether or not the loss results wholly or partly from the previous application of that subsection.
20CSupplementary
1
Part 2 of Schedule 3 to this Act (bingo duty: supplementary) shall have effect.
2
In sections 17 to 20B above, this section and Schedule 3—
“bingo” includes any version of that game, whatever name it is called,
F53“bingo premises licence” has the same meaning as in Part 8 of the Gambling Act 2005 (see section 150(1)(b)),
F54“licensed bingo”—
- a
in Great Britain, means bingo played at premises licensed under a bingo premises licence, and
- b
in Northern Ireland, means bingo played at premises licensed under Chapter 2 of Part 3 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985,
- a
“prize” means anything won at bingo, and
“United Kingdom” includes the territorial sea of the United Kingdom.
3
For the purposes of those provisions, except in relation to combined bingo, the promoter of a game of bingo is—
a
in the case of licensed bingo, the holder of the licence, and
b
in the case of non-licensed bingo, the person who provides the facilities for the game.
4
For the purposes of those provisions in relation to combined bingo a person promotes a game of bingo if he is wholly or partly responsible for organising it or for providing facilities for it.
5
In those provisions a reference to entitlement to participate in a game of bingo includes a reference to an opportunity to participate in a game of bingo in respect of which a charge is made (whether by way of a fee for participation, a stake, or both).
6
In proceedings relating to bingo duty under the customs and excise Acts an averment in any process that a particular game is a version of bingo shall, until the contrary is proved, be sufficient evidence that it is.
Gaming machine licence duty
F5621 Gaming machine licence duty.
1
Except in the cases specified in Part I of Schedule 4 to this Act, no F57amusement machine (other than F58an excepted machine) shall be provided F59for play on any premises situated in F60the United Kingdom unless there is for the time being in force F61a licence granted under this Part of this Act with respect to the premises F62or the machine.
2
C3F653
F66An amusement machine licence may be granted for a period of a month, or of any number of months not exceeding twelve, beginning on any day of any month.
F674
A special amusement machine licence shall be granted only—
a
for a small prize machine,
b
if conditions prescribed by the Commissioners by regulations are satisfied in relation to the application for the licence, the applicant and the machine, and
c
for a period of twelve months.
5
The following are excepted machines—
a
machines that are not gaming machines,
b
a gaming machine in respect of which—
i
the cost of a single game does not exceed 30p,
ii
the maximum value of the prize for winning a single game does not exceed £8, and
iii
the maximum cash component of the prize for winning a single game does not exceed £5,
c
a gaming machine in respect of which—
i
the cost of a single game does not exceed 10p, F281...
ii
the maximum value of the prize for winning a single game does not exceed F283£15, and
F282iii
the maximum cash component of the prize for winning a single game does not exceed £8,
F280ca
a gaming machine in respect of which—
i
the cost of a single game does not exceed £1,
ii
the maximum value of the prize for winning a single game does not exceed £50, and
iii
any prize that can be won is neither money nor something that can be exchanged for or used in place of money or that can be exchanged for something other than money, and
d
two-penny machines.
F2796
To the extent that a prize consists of anything other than money, its value for the purposes of this section and sections 22 and 23 below is—
a
in the case of a voucher or token that may be exchanged for, or used in place of, an amount of money, that amount,
b
in the case of a voucher or token that does not fall within paragraph (a) and that may be exchanged for something other than money, the cost that the person providing the machine would incur in obtaining that thing from a person who is not a connected person, and
c
in any other case, the cost that the person providing the machine would incur in obtaining the prize from a person who is not a connected person.
7
F298Section 1122 of the Corporation Tax Act 2010 (connected persons) applies for the purposes of subsection (6).
F6821A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22 Gaming machine licence duty.
1
F712
For the purposes of this Act
F72a
3
The Commissioners may by order substitute for F76a sum for the time being mentioned in subsection (2) above such higher sum as may be specified in the order, with effect from a date so specified.
F775
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F786
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C4F79 23 Amount of duty.
1
The amount of duty payable on F80an amusement machine licence shall be—
a
the appropriate amount for the machine which it authorises, or
b
if it authorises two or more machines, the aggregate of the appropriate amounts for each of those machines.
F812
The appropriate amount for each machine shall be determined in accordance with the following Table by reference to—
a
the period for which the licence is granted, and
b
the machine's category determined in accordance with subsection (3).
Months for which licence granted | Category A £ | Category B1 £ | Category B2 £ | Category B3 £ | Category B4 £ | Category C £ |
---|---|---|---|---|---|---|
1 | 535 | 270 | 215 | 215 | 195 | 85 |
2 | 1070 | 535 | 425 | 425 | 385 | 160 |
3 | 1605 | 805 | 635 | 635 | 575 | 240 |
4 | 2140 | 1070 | 845 | 845 | 765 | 320 |
5 | 2675 | 1340 | 1055 | 1055 | 960 | 400 |
6 | 3210 | 1605 | 1265 | 1265 | 1150 | 480 |
7 | 3745 | 1875 | 1475 | 1475 | 1340 | 555 |
8 | 4280 | 2140 | 1685 | 1685 | 1530 | 635 |
9 | 4815 | 2410 | 1895 | 1895 | 1725 | 715 |
10 | 5350 | 2675 | 2105 | 2105 | 1915 | 795 |
11 | 5885 | 2945 | 2315 | 2315 | 2105 | 875 |
12 | 6110 | 3055 | 2405 | 2405 | 2185 | 905 |
3
The categories of gaming machine are as follows—
Category A – a gaming machine which is not within another category.
Category B1 – a gaming machine which is not within a lower category and in respect of which—
i
the cost of a single game does not exceed £2, and
ii
the maximum value of the prize for winning a single game does not exceed £4,000.
Category B2 – a gaming machine which is not within a lower category and in respect of which—
i
the cost of a single game does not exceed £100, and
ii
the maximum value of the prize for winning a single game does not exceed £500.
Category B3 – a gaming machine which is not within a lower category and in respect of which—
i
the cost of a single game does not exceed F308£2, and
ii
the maximum value of the prize for winning a single game does not exceed £500.
Category B4 – a gaming machine which is not within a lower category and in respect of which—
i
the cost of a single game does not exceed £1, and
ii
the maximum value of the prize for winning a single game does not exceed £250.
Category C—
i
a gaming machine in respect of which the cost of a single game does not exceed 5p, and
4
Where a machine offers more than one class of game, it falls within a category only if it satisfies the requirements of that category in respect of each class.
F2875
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
For the purposes of subsection (3) Category A is the highest category and Category C is the lowest.
F827
The Commissioners may by order substitute for a sum for the time being specified in subsection (3) such higher sum as they consider appropriate.
24 Restrictions on provision of gaming machines.
F831
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F842
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
4
Where a licence which authorises the provision of F88amusement machines chargeable at one rate only is in force in respect of any F86. . . premises, F88amusement machines chargeable at any other rate shall not be provided F90for play on those premises unless another licence authorising the provision of F88amusement machines chargeable at that other rate is also in force in respect of the premises F91or there are special licences in force with respect to those machinesF92or the machines.
5
If any F93amusement machine is provided for gaming on any premises in contravention of F94section 21(1) above or this section, F95the provision of the machine shall attract a penalty under section 9 of the Finance Act 1994 (civil penalties) and, for the purposes of the application of that section to the conduct attracting the penalty, the provision of the machine shall be treated as the conduct of each of the persons who, at the time when the F93amusement machine is provided—
a
is the owner, lessee or occupier of the premises, or
b
is for the time being responsible to the owner, lessee or occupier for the management of the premises, or
F96c
is a person responsible for controlling the use of any amusement machine on the premises, or
d
is for the time being responsible for controlling the admission of persons to the premises or for providing persons resorting thereto with any goods or services, or
e
is the owner or hirer of the machine, or
f
F98. . .
6
If any F93amusement machine is provided F90for play on any premises in contravention of F94section 21(1) above or this section and any such person as is mentioned in subsection (5) above knowingly or recklessly brought about the contravention or took any steps with a view to procuring it he shall be guilty of an offence and liable—
F99a
on summary conviction to a penalty—
i
of the prescribed sum, F100. . . , or to imprisonment for a term not exceeding six months or to both such penalty and imprisonment;
b
on conviction on indictment to a penalty of any amount or to imprisonment for a term not exceeding two years or to both.
24AF119 Unlicensed machines: duty chargeable.
Schedule 4A to this Act (which provides for the recovery of amusement machine licence duty in relation to unlawfully unlicensed machines) shall have effect.
25 Meaning of “gaming machine”.
F1011
A machine is an amusement machine for the purposes of this Act if it is—
a
a gaming machine, and
b
a prize machine.
F2891A
In this Act “gaming machine” means a machine which is designed or adapted for use by individuals for gambling (whether or not it can also be used for other purposes).
1B
But a machine is not a gaming machine to the extent that—
a
it is designed or adapted for use to bet on future real events,
b
it is designed or adapted for the playing of bingo and bingo duty is, or but for paragraphs 1 to 5 of Schedule 3 would be, charged under section 17 on the playing of the bingo, or
c
it is designed or adapted for the playing of a real game of chance and the playing of the game is dutiable gaming for the purposes of section 10 of the Finance Act 1997, or would be dutiable gaming but for subsections (3) and (4) of that section.
1C
For the purposes of this Act F102a machine is a prize machine unless it is F291designed or adapted so that a person playing it once and successfully either receives nothing or receives only—
a
an opportunity, afforded by the automatic action of the machine, to play again (once or more often) without paying, or
b
a prize, determined by the automatic action of the machine and consisting in either—
i
money of an amount not exceeding the sum payable to play the machine once, or
ii
a token which is, or two or more tokens which in the aggregate are, exchangeable for money of an amount not exceeding that sum.
F1034
A machine which has a number of individual playing positions allowing persons to play simultaneously (whether or not participating in the same game) shall be treated for the purposes of sections 21 to 24 as that number of separate machines.
F2905
For the purposes of this section—
a
a reference to gambling is to—
i
gaming, or
ii
betting,
b
“machine” has the same meaning as in the Gambling Act 2005 (see section 235(3)(a)),
c
a reference to a machine being designed or adapted for a purpose includes a reference to a machine to which anything has been done as a result of which it can reasonably be expected to be used for that purpose,
d
a reference to a machine being adapted includes a reference to computer software being installed on it,
e
“real” has the meaning given by section 353(1) of the Gambling Act 2005,
f
“game of chance” has the meaning given by section 6(2) of that Act, and
g
“bingo” includes any version of that game, whatever name it is called.
6
The Treasury may by order amend this section.
25A Power to modify definition of “amusement machine”.
F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26 Supplementary provisions as to gaming machine licence duty.
1
The provisions of Part II of Schedule 4 to this Act (supplementary provisions as to F105amusement machine licence duty) shall have effect.
2
In sections 21 to 25 above and in Schedule 4 to this Act—
F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F107“United Kingdom” includes the territorial waters of the United Kingdom;
F109F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“prize machine” has the meaning given by section 25(1C) above;
“small-prize machine” has the meaning given by section 22(2) above.
F110“two-penny machine” means an amusement machine in relation to which the cost for each time a game is played on it—
- a
does not exceed 2p, or
- b
where the machine provides differing numbers of games in different circumstances, cannot exceed 2p,
F109. . .
- a
F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“premises” includes any place whatsoever and any means of transport.
F1122A
References in sections 21 to 25 above and in this section and Schedule 4 to this Act to a game, in relation to any machine, include references to a game in the nature of a quiz or puzzle and to a game which is played solely by way of a pastime or against the machine, as well as one played wholly or partly against one or more contemporaneous or previous players.
3
A machine is provided F113for play on any premises if it is made available on those premises in such a way that persons resorting to them can play it; and F114subject to subsection (3A) below where on any premises one or more F115amusement machines are so made available, any such machine anywhere on the premises shall be treated as provided F113for play on those premises, notwithstanding that it is not so made available or is not in a state in which it can be played.
F1163A
The Commissioners may by regulations make provision for the purpose of enabling spare F115amusement machines to be kept on premises for use in the case of the breakdown of other F115amusement machines on those premises: and such regulations may provide that, in such circumstances and subject to such conditions as may be specified in the regulations, F117an amusement machine on any premises which is not made available as mentioned in subsection (3) above, or is not in a state in which it can be played, shall not be treated by virtue of that subsection as provided F113for play on those premises.
F1184
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F122Remote gaming duty
Ss. 26A-26M and cross-heading inserted (with effect as mentioned in s. 8(2) of the amending Act) by Finance Act 2007 (c. 11), s. 8, Sch. 1 para. 2; S.I. 2007/2172, art. 2
26AInterpretation
1
For the purposes of remote gaming duty “remote gaming” means gaming in which persons participate by the use of—
a
the internet,
b
telephone,
c
television,
d
radio, or
e
any other kind of electronic or other technology for facilitating communication.
2
For the purposes of remote gaming duty the expressions listed below shall be construed (for the whole of the United Kingdom) in accordance with the Gambling Act 2005.
Expression | Defining provision of Gambling Act 2005 |
---|---|
Provision of facilities | Section 5(1) to (3) |
Remote gambling equipment | Section 36(4) and (5) |
Remote operating licence | Section 67 |
3
In relation to remote gaming duty “P” means a person who provides facilities for remote gaming.
4
The Treasury may by order amend the definition of “remote gaming” in subsection (1) (and an order may include incidental, consequential or transitional provision).
26BThe duty
A duty of excise to be known as remote gaming duty shall be charged on the provision of facilities for remote gaming if—
a
the facilities are provided in reliance on a remote operating licence, or
b
at least one piece of remote gambling equipment used in the provision of the facilities is situated in the United Kingdom (whether or not the facilities are provided for use wholly or partly in the United Kingdom).
26CThe rate
1
Remote gaming duty is chargeable at the rate of 15% of P's remote gaming profits for an accounting period.
2
P's remote gaming profits for an accounting period are—
a
the amount of P's remote gaming receipts for the period (calculated in accordance with section 26E), minus
b
the amount of P's expenditure for the period on remote gaming winnings (calculated in accordance with section 26F).
26DAccounting periods
1
The following are accounting periods for the purposes of remote gaming duty—
a
the period of three months beginning with 1st January,
b
the period of three months beginning with 1st April,
c
the period of three months beginning with 1st July, and
d
the period of three months beginning with 1st October.
2
The Commissioners may agree with P for specified periods to be treated as accounting periods, instead of those described in subsection (1), for purposes of remote gaming duty relating to P.
3
The Commissioners may by direction make transitional arrangements for the periods to be treated as accounting periods where—
a
P becomes registered, or ceases to be registered, under section 26J, or
b
an agreement under subsection (2) begins or ends.
26ERemote gaming receipts
1
The amount of P's remote gaming receipts for an accounting period is the aggregate of—
a
amounts falling due to P in that period in respect of entitlement to use facilities for remote gaming provided by P, and
b
amounts staked, or falling due to be paid, in that period by a user of facilities for remote gaming provided by P, if or in so far as responsibility for paying any amount won by the user falls on P (or a person with whom P is connected or has made arrangements).
F2782
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The Treasury may by order provide that where a person who uses facilities (U) relies on an offer which waives payment or permits payment of less than the amount which would have been required to be paid without the offer, U is to be treated for the purposes of this section as having paid that amount.
26FRemote gaming winnings
1
The amount of P's expenditure on remote gaming winnings for an accounting period is the aggregate of the value of prizes provided by P in that period which have been won (at any time) by persons using facilities for remote gaming provided by P.
2
Prizes provided by P to one user on behalf of another are not to be treated as prizes provided by P.
3
A reference to providing a prize to a user (U) includes a reference to crediting money in respect of gaming winnings by U to an account if U is notified that—
a
the money is being held in the account, and
b
U is entitled to withdraw it on demand.
4
The return of a stake is to be treated as the provision of a prize.
5
Where P participates in arrangements under which a number of persons who provide facilities for remote gaming contribute towards a fund which is wholly used to provide prizes in connection with the use of those facilities (sometimes described as arrangements for “linked progressive jackpot games ”)—
a
the making by P of a contribution which relates to the provision by P of facilities for remote gaming shall be treated as the provision of a prize, and
b
the award of a prize from the fund shall not be treated as the provision of a prize by P.
6
Where P credits the account of a user of facilities provided by P (otherwise than as described in subsection (3)), the credit shall be treated as the provision of a prize; but the Commissioners may direct that this subsection shall not apply in a specified case or class of cases.
7
Subsections (2) to (6) of section 20 shall apply (with any necessary modifications) for the purpose of remote gaming duty as for the purpose of bingo duty.
26GLosses
Where the calculation of P's remote gaming profits for an accounting period produces a negative amount, it may be carried forward in reduction of the profits of one or more later accounting periods.
26HExemptions
1
Remote gaming duty shall not be charged in respect of the provision of facilities for remote gaming if and in so far as—
a
the provision is charged with another gambling tax, or
b
the use of the facilities is charged with another gambling tax.
2
Remote gaming duty shall not be charged in respect of the provision of facilities for remote gaming if and in so far as—
a
the provision would be charged with another gambling tax but for an express exception, or
b
the use of the facilities would be charged with another gambling tax but for an express exception.
F2922A
Subsection (2) does not prevent remote gaming duty being charged in respect of the provision of facilities for the playing of bingo which is not licensed bingo (as to the meaning of which terms see section 20C).
3
In this section “ gambling tax ” means—
a
amusement machine licence duty,
b
bingo duty,
c
gaming duty,
d
general betting duty,
e
lottery duty, and
f
pool betting duty.
4
The Treasury may by order—
a
confer an exemption from remote gaming duty, or
b
remove or vary (whether or not by textual amendment) an exemption under this section.
5
In calculating P's remote gaming profits for an accounting period, no account shall be taken of amounts or prizes if, or in so far as, they relate to the provision of facilities to which an exemption applies under or by virtue of this section.
26ILiability to pay
1
P is liable for any remote gaming duty charged on P's remote gaming profits for an accounting period.
2
If P is a body corporate, P and P's directors are jointly and severally liable for any remote gaming duty charged on P's remote gaming profits for an accounting period.
3
The Commissioners may make regulations about payment of remote gaming duty; and the regulations may, in particular, make provision about—
a
timing;
b
instalments;
c
methods of payment;
d
when payment is to be treated as made;
e
the process and effect of assessments by the Commissioners of amounts due.
4
Subject to regulations under subsection (3), section 12 of the Finance Act 1994 (assessment) shall apply in relation to liability to pay remote gaming duty.
26JRegistration
1
The Commissioners shall maintain a register of persons who provide facilities for remote gaming in respect of which remote gaming duty may be chargeable.
2
A person may not provide facilities for remote gaming in respect of which remote gaming duty may be chargeable without being registered.
3
The Commissioners may make regulations about registration; in particular, the regulations may include provision (which may include provision conferring a discretion on the Commissioners) about—
a
the procedure for applying for registration;
b
the timing of applications;
c
the information to be provided;
d
notification of changes;
e
de-registration;
f
re-registration after a person ceases to be registered.
4
The regulations may require a registered person to give notice to the Commissioners before applying for a remote operating licence.
5
The regulations may permit the Commissioners to make registration, or continued registration, of a foreign person conditional; and the regulations may, in particular, permit the Commissioners to require—
a
the provision of security for payment of remote gaming duty;
b
the appointment of a United Kingdom representative with responsibility for discharging liability to remote gaming duty.
6
In subsection (5) “foreign person” means a person who—
a
in the case of an individual, is not usually resident in the United Kingdom,
b
in the case of a body corporate, does not have an established place of business in the United Kingdom, and
c
in any other case, does not include an individual who is usually resident in the United Kingdom.
7
The regulations may include provision for the registration of groups of persons; and may provide for the modification of the provisions of this Part about remote gaming duty in their application to groups.
8
The regulations—
a
may make provision which applies generally or only for specified purposes, and
b
may make different provision for different purposes.
26KReturns
1
The Commissioners may make regulations requiring persons who provide facilities for remote gaming in respect of which remote gaming duty may be chargeable to make returns to the Commissioners in respect of their activities.
2
The regulations may, in particular, make provision about—
a
liability to make a return;
b
timing;
c
form;
d
content;
e
method of making;
f
declarations;
g
authentication;
h
when a return is to be treated as made.
3
The regulations—
a
may make provision which applies generally or only for specified purposes, and
b
may make different provision for different purposes.
26LEnforcement
1
Contravention of a provision made by or by virtue of sections 26I to 26K—
a
is conduct to which section 9 of the Finance Act 1994 applies (penalties), and
b
attracts daily penalties under that section.
2
A person who is knowingly concerned in, or in taking steps with a view to, the fraudulent evasion of remote gaming duty commits an offence.
3
A person guilty of an offence under subsection (2) shall be liable on summary conviction to—
a
a penalty of—
i
the statutory maximum, or
ii
if greater, three times the duty which is unpaid or the payment of which is sought to be avoided,
b
imprisonment for a term not exceeding six months, or
c
both.
4
A person guilty of an offence under subsection (2) shall be liable on conviction on indictment to—
a
a penalty of any amount,
b
imprisonment for a term not exceeding seven years, or
c
both.
26MReview and appeal
1
2
Sections F26913A to 16 of that Act shall also apply to the decisions listed in subsection (3) below.
3
Those decisions are—
a
a decision to refuse a request for an agreement under section 26D(2),
b
a decision to give a direction under section 26D(3),
c
a decision not to give a direction under section 26D(3),
d
a decision to direct that section 26F(6) shall not apply in a specified case,
e
a decision under regulations by virtue of section 26J(3), and
f
a decision about security by virtue of section 26J(5)(a).
4
A decision of a kind specified in subsection (3) shall be treated as an ancillary matter for the purposes of sections 14 to 16 of the Finance Act 1994.
F121General
Cross-heading preceding s. 26N inserted (with effect as mentioned in s. 8(2) of the amending Act) by Finance Act 2007 (c. 11), s. 8, Sch. 1 para. 3; S.I. 2007/2172, art. 2
F120F29626NAmounts in currencies other than sterling
1
Any reference in this Part of this Act to a amount in sterling, in the context of—
a
the cost of playing a game, or
b
the amount of the prize for a game,
includes a reference to the equivalent amount in another currency.
2
The equivalent amount in another currency, in relation to any day, shall be determined by reference to the London closing exchange rate for the previous day.
3
For the purposes of determining what duty is payable on an amusement machine licence in a case where this section applies, the equivalent in another currency of an amount in sterling shall be taken to be its equivalent on the day on which the application for the licence is received by the Commissioners, or the due date in the case of a default licence.
4
In subsection (3) above—
“default licence” means a licence granted under paragraph 3(1) of Schedule 4A to this Act;
“due date” has the meaning given by paragraph 2(4) of that Schedule.
Part III General
C5E127 Offences by bodies corporate.
—Where an offence under section F123. . . 24 above, paragraph 13(1) or (3) or 14(1) of Schedule 1, F123. . . paragraph 16 of Schedule 3 or paragraph 16 of Schedule 4 to this Act has been committed by a body corporate, every person who at the date of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves—
a
that the offence was committed without his consent or connivance, and
b
that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and in all the circumstances.
27 Offences by bodies corporate.
—Where an offence under section 15 or 24 above, paragraph 13(1) or (3) or 14(1) of Schedule 1, paragraph 7 of Schedule 2, paragraph 16 of Schedule 3 or paragraph 16 of Schedule 4 to this Act has been committed by a body corporate, every person who at the date of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves—
a
that the offence was committed without his consent or connivance, and
b
that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and in all the circumstances.
F12428. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12529. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C6F12629A Evidence by certificate, etc.
1
A certificate of the Commissioners—
a
that any notice required by or under this Act to be given to them had or had not been given at any date, or
b
that any permit, licence or authority required by or under this Act had or had not been issued at any date, or
c
that any return required by or under this Act had not been made at any date, or
d
that any duty shown as due in any return F127made in pursuance of this Act or in any assessment made under section 12 of the Finance Act 1994 had not been paid at any date,
shall be sufficient evidence of that fact until the contrary is proved.
2
A photograph of any document furnished to the Commissioners for the purposes of this Act and certified by them to be such a photograph shall be admissible in any proceedings, whether civil or criminal, to the same extent as the document itself.
3
Any document purporting to be a certificate under subsection (1) or (2) above shall be deemed to be such a certificate until the contrary is proved.
30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F128
C7E231 Protection of officers.
Where an officer takes any action in pursuance of instructions of the Commissioners or a Collector of Customs and Excise given in connection with the enforcement of the enactments relating to general betting duty, bingo duty F129, remote gaming duty or the duty on F130. . . F131amusement machine licences and, apart from the provisions of this section, the officer would in taking that action be committing an offence under the enactments relating to betting or gaming, he shall not be guilty of that offence.
32 Orders and regulations.
1
Any power conferred by any provision of this Act to make an order or regulations shall be exercisable by statutory instrument.
2
F132. . ., any statutory instrument made under any power conferred by this Act shall be subject to annulment in pursuance of a resolution of the House of Commons.
F1333
But in the case of an order under section 26H(4) which has the effect of adding to the class of activities in respect of which remote gaming duty is chargeable—
a
subsection (2) above shall not apply, and
b
the order may not be made unless a draft has been laid before and approved by resolution of the House of Commons.
F1323
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32AF143Application to limited liability partnerships
1
This Act applies to limited liability partnerships as it applies to companies.
2
In its application to a limited liability partnership, references to a director of a company are references to a member of the limited liability partnership.
33 Interpretation.
1
In this Act—
“the Commissioners” means the Commissioners of Customs and Excise;
F134“gaming” means playing a game of chance for a prize F294... ;
“the prescribed sum” in relation to the penalty provided for an offence, means—
- a
if the offence was committed in England or Wales, the prescribed sum within the meaning of section 32 of the M2Magistrates’ Courts Act 1980 (£1,000 or other sum substituted by order under section 143(1) of that Act); and
- b
if the offence was committed in Scotland, the prescribed sum within the meaning of F135subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (£5,000 or other sum substituted by order under subsection (4) of that section)F136and
- c
if the offence was committed in Northern Ireland, the prescribed sum within the meaning of Article 4 of the M3 Fines and Penalties (Northern Ireland) Order 1984.
- a
F2931A
In the definition of “gaming” in subsection (1)—
a
“game of chance” has the meaning given by section 6(2) of the Gambling Act 2005,
b
“playing a game of chance” is to be read in accordance with section 6(3) of that Act, and
c
“prize” does not include the opportunity to play the game again.
2
34 Consequential and transitional provisions and repeals.
1
Schedule 5 (consequential amendments) and Schedule 6 (transitional and saving provisions) to this Act shall have effect, but without prejudice to the operation of sections 15 to 17 of the M4Interpretation Act 1978 (which relate to the effect of repeals).
C82
The enactments specified in Schedule 7 to this Act are hereby repealed to the extent mentioned in the third column of that Schedule
35 Short title, construction, commencement and extent.
1
This Act may be cited as the Betting and Gaming Duties Act 1981.
2
This Act shall be construed as one with the M5Customs and Excise Management Act 1979.
F1393
The following provisions of this Act do not extend to Northern Ireland—
F140a
. . .
b
sections 29 and 30;
F140c
. . .
d
paragraph 15 of Schedule 4;
F141. . .
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F142
SCHEDULES
SCHEDULE 1 Betting duties
Definitions
1
In this Schedule—
“general betting business” means a business the carrying on of which involves or may involve any sums becoming payable by the person carrying on the business by way of general betting duty F144or would or might involve such sums becoming so payable if on-course bets were not excluded from that duty;
“general betting operations” means betting operations which do not involve liability to pool betting duty;
“pool betting business” means a business the carrying on of which involves or may involve any sums becoming payable by the person carrying on the business by way of pool betting dutyF145 or would or might involve such sums becoming so payable if receipts from bets made for community benefit (as defined by section 8A of this Act) were not excluded from that duty.
General administration
2
1
General betting duty shall be under the care and management of the Commissioners and shall be accounted for by such persons, and accounted for and paid at such times and in such manner, as may be required by or under regulations of the Commissioners.
2
Without prejudice to any other provision of this Schedule, the Commissioners may make regulations providing for any matter for which provision appears to them to be necessary for the administration or enforcement of general betting duty or for the protection of the revenue from general betting duty.
3
Regulations under this paragraph may in particular—
a
provide for payments on account of the duty which may become chargeable to be made in advance by means of stamps or otherwise, and for that purpose apply, with any necessary adaptations, any of the provisions of the M6Stamp Duties Management Act 1891 (including the penal provisions repealed save as to Scotland by the M7Forgery Act 1913);
b
provide for such payments to be made through the persons providing, at the place where any event is or is to be held, facilities for persons engaging or proposing to engage at that place in an activity by reason of which they are or may be or become liable for duty;
c
require persons providing such facilities as aforesaid at any place to perform other functions in connection with the payment of or accounting for duty by persons engaging or proposing to engage as aforesaid at that place, including the refusal to any of the last-mentioned persons of access to that place unless the requirements of any regulations made by virtue of paragraph (a) or (b) above have been complied with;
d
otherwise provide for the giving of security by means of a deposit or otherwise for duty or to become due.
4
Regulations under this paragraph may also in particular include provision—
a
for the furnishing to such persons or displaying in such manner of such information or records as the regulations may require by persons engaging or proposing to engage in any activity by reason of which they are or may be or become liable for duty F146or would be or might be or become liable for duty if on-course bets were not excluded from duty, and by persons providing facilities for another to engage in such activity or entering into any transaction with another in the course of any such activity of his;
F147b
for the keeping, preservation and production of accounts, records or other documents by persons engaging in any such activity;
F147c
for the inspection of the accounts, records and other documents of persons engaging or suspected of engaging in any such activity, and of premises or equipment used or suspected of being used by such persons for or in connection with any such activity and of any other premises where any such activity is carried on.
F1482A
1
Pool betting duty shall be under the care and management of the Commissioners.
2
Without prejudice to any other provision of this Schedule, the Commissioners may make regulations providing for any matter for which provision appears to them to be necessary for the administration or enforcement of pool betting duty or for the protection of the revenue from pool betting duty.
3
Regulations under sub-paragraph (2) above may in particular—
a
provide for payments on account of pool betting duty which may become chargeable to be made in advance;
b
provide for the giving of security by means of a deposit or otherwise for duty due or to become due.
F3013
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notification to Commissioners as to carrying on of betting business
4
1
Any person who intends to carry on a general betting business which is not also a pool betting business shall, not less than one week before he begins to carry on the business, notify the Commissioners that he intends to carry it on.
2
Subject to F149sub-paragraph (3) below, any person who intends to carry on a general betting business or a pool betting business shall, not later than the date when he first uses any premises or totalisator for the purposes of the business, make entry of those premises or that totalisator with the Commissioners.
3
A person shall not be required by sub-paragraph (2) above to make entry of premises used for the purposes of the business in connection only with general betting operations; but he shall, not later than the date when he first uses any premises for the purposes of the business in connection with general betting operations, notify the Commissioners of those premises being so used (whether or not he is also required by sub-paragraph (2) above to make entry of them).
4
F150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirement of permit for carrying on pool betting business
5
1
No person shall carry on a pool betting business unless he holds a permit authorising him to carry on that business granted by the Commissioners in respect of any premises or totalisator in respect of which he has F151made entry in accordance with paragraph 4(2) above.
2
A permit under this paragraph shall be granted by the Commissioners within fourteen days of the date when application is made for it, and shall continue in force unless and until revoked under F152sub-paragraph (3) below.
F1533
the Commissioners may at any time revoke such a permit by notice in writing to the holder if it appears to them that the holder is not carrying on a business for which such a permit is required or is not using the premises or totalisator in respect of which the permit was granted for the purposes of such a business.
Books, records, accounts, etc.
6
1
Any person for the time being carrying on a general betting business or a pool betting business shall—
a
keep in relation to the business such books, records and accounts in such form as the Commissioners may direct,
b
for at least six months or such shorter or longer period as the Commissioners may direct, preserve any books, records and accounts directed to be kept by him under paragraph (a) above and any other books, records, accounts or documents relating to the business, on premises specified in sub-paragraph (2) below,
c
permit any officer authorised in that behalf by the Commissioners to enter on any premises used for the purposes of the business, and, where the business is a general betting business, to remain on the premises at any time while they are being used, or when the officer has reasonable cause to believe that they are likely to be used, for the conduct of betting operations, and
d
permit any officer so authorised to inspect any totalisator used for the purposes of the business, and to inspect and take copies of any books, records, accounts or other documents in his possession or power or on any premises used for the purposes of the business, being books, records, accounts or documents which relate or appear to relate to the business.
2
The premises on which a person is to preserve any books, records, accounts or other documents under sub-paragraph (1)(b) above are—
a
in the case of books, records, accounts and other documents relating to general betting operations, such of the premises used for the purposes of the business as the Commissioners may direct;
b
F154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
in any other case, premises of which entry has been made in accordance with paragraph 4(2) above.
3
The power of the Commissioners under sub-paragraph (1)(b) above to give directions as to the period for which a person is to preserve any books, records, accounts or documents relating to the business carried on by him shall be exercisable either in any particular case or in relation to any particular class of such books, records, accounts or documents.
7
F155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
F156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
1
The provisions of this paragraph shall apply to a bookmaker at any time when any person is for the time being, or has at any time during the immediately preceding two months been, authorised by that bookmaker to act as his agent for receiving or negotiating bets or otherwise conducting betting operations, other than such bets or operations as involve liability only to pool betting duty.
2
The bookmaker shall maintain at any of his premises to which bets received by any such person as aforesaid as the bookmaker’s agent are or were transmitted, or, if in the case of any such premises the Commissioners think fit, at such other places as the Commissioners may allow, a record in such form and containing such particulars as the Commissioners may direct in respect of any such person who is for the time being, and any such person who has at any time during the said two months been but is no longer authorised as aforesaid, being in either case a person by or on whose behalf bets received as aforesaid are or were transmitted to those premises.
3
A bookmaker shall not be guilty of contravening or failing to comply with the provisions of sub-paragraph (2) above by reason of a failure to make an entry or alteration in the record if that entry or alteration is made before six o’clock in the evening of the day after that on which the happening which necessitated the entry or alteration took place.
Powers to enter premises and obtain information
10
1
Where in the case of any track or other premises an officer has reason to believe that bookmaking on events taking place thereon is being or is to be carried on, F157. . . or that a totalisator is being or is to be operated in connection with those events, at a place on those premises or on any ground or premises adjacent thereto, he shall be entitled for the purpose of exercising the powers conferred by this paragraph to be admitted without payment to that place, and he may require—
a
any person who appears to him to be or intend carrying on bookmaking, providing such facilities or operating a totalisator there to give such information as he may demand and to produce to him any accounts, records, or other documents which appear to him to be connected with the business of bookmaking or with the provision of those facilities or the operation of that totalisator or which it appears to him will establish the identity of that person; and
b
any person who appears to him to have made a bet there with any bookmaker, or through the persons providing any such facilities, or by means of a totalisator, to give such information with respect to the bet as he may demand and to produce to him any document in connection with the bet supplied to that person by the bookmaker, the persons providing those facilities, or the operator of that totalisator, as the case may be,
and any such person as aforesaid shall comply with any such requirement.
2
Where an officer—
a
has reason to believe that any person who is not a bookmaker is holding himself out as mentioned in section 12(1) of this Act at any place, and
b
has reason to suspect that person to have become liable by virtue of that section to pay an amount by way of general betting duty or pool betting duty,
the officer shall have the like powers with respect to that place as if the person so holding himself out were a bookmaker and that place were such a place as is mentioned in sub-paragraph (1) above.
Power of Commissioners to estimate general betting duty payable
F15811
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disputes as to computation of pool betting duty
12
F159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement
13
F1601
Where any person—
a
fails to pay any general betting duty or pool betting duty payable by him, or
b
contravenes or fails to comply with any of the provisions of, or of any regulations made under, any of paragraphs 2, F1612A, 4 and 6 to 10 above,
his failure to pay, contravention or failure to comply shall attract a penalty under section 9 of the Finance Act 1994 (civil penalties) which, in the case of a failure to pay, shall be calculated by reference to the amount of duty payable.
2
Any such failure to pay as is mentioned in sub-paragraph (1)(a) above shall also attract daily penalties.
2A
Any person who obstructs any officer in the exercise of his functions in relation to general betting duty or pool betting duty shall be guilty of an offence and liable on summary conviction to a penalty of level 4 on the standard scale.
C93
Any person who—
a
in connection with general betting duty or pool betting duty, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular . . . F162, or
F163aa
in that connection, with intent to deceive, produces or makes use of any book, account, record, return or other document which is false in a material particular, or
b
is knowingly concerned in, or in the taking of steps with a view to the fraudulent evasion by him or any other person of general betting duty or pool betting duty,
shall be guilty of an offence and liable—
i
on summary conviction to a penalty of the prescribed sum or, if greater, treble the amount of the duty which is unpaid or payment of which is sought to be avoided, as the case may be, or to imprisonment for a term not exceeding six months or to both, or
ii
on conviction on indictment to a penalty of any amount or to imprisonment for a term not exceeding F164the maximum term or to both.
F1654
In sub-paragraph (3) above, “the maximum term” means two years in the case of an offence under paragraph (a) and seven years in the case of an offence under paragraph (aa) or (b) of that sub-paragraph.
14
1
If any person carries on any business in contravention of paragraph 5(1) above he shall be guilty of an offence and liable—
a
on summary conviction to a penalty of the prescribed sum or to imprisonment for a term not exceeding six months or to both; or
b
on conviction on indictment to a penalty of any amount or to imprisonment for a term not exceeding two years or to both;
F166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Where a person is convicted of an offence under sub-paragraph (1) above and the offence continues after the conviction, he shall be guilty of a further offence under that sub-paragraph and may, on conviction, be punished accordingly.
3
15
F169A1
This paragraph applies only in relation to premises in Northern Ireland.
1
Where, on the conviction of any person of an offence under F170paragraph 13(3) above in connection with general betting duty [F171. . .] the Commissioners—
a
certify to the court by or before whom that person is so convicted that F172there has been at least one previous occasion on which that or another person has been either—
i
convicted of an offence under paragraph 13(3) above; or
ii
assessed to a penalty to which he was liable under section 8 of the Finance Act 1994 (penalty for evasion) F270or a penalty for a deliberate inaccuracy under paragraph 1 of Schedule 24 to the Finance Act 2007 (penalties for errors),
in respect of conduct taking place in the course of the operation of the same premises as a betting office and while the same person has been the holder of a betting office licence in respect thereof, and
b
make application to that court for effect to be given to this sub-paragraph,
that court shall order that the betting office licence in respect of those premises shall be forfeited and cancelled.
2
A licence shall not be forfeited or cancelled under such an order made by a court F173. . . —
a
until the date of expiration of the period within which notice of appeal against the conviction which gave rise to the order may be given, or
b
if notice of appeal against that conviction is duly given within the period aforesaid, until the date of the determination or abandonment of the appeal, or
c
if on any such appeal the appeal is allowed.
3
F174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4A
F174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1755
Subject to sub-paragraph (6) below, where under sub-paragraph (1) above a court orders that a betting office licence held by a person in respect of premises F176. . . shall be forfeited and cancelled, no court of summary jurisdiction shall entertain an application by that person for the grant (or provisional grant) of a new betting office licence in respect of those premises or any other premises situated in the same petty sessions district as those premises made less than twelve months after that forfeiture and cancellation.
6
Sub-paragraph (5) above—
a
shall not prejudice the right of such a person as is mentioned in that sub-paragraph to seek the renewal of any betting office licence (other than that which is forfeited) which he holds; and
b
applies notwithstanding anything in Article 12 of the M8Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985.
16
F177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F309SCHEDULE 2 Gaming Licence Duty
Sch. 2 repealed (with effect in relation to any gaming on or after 1.10.1997) by Finance Act 1997 (c. 16), s. 113, Sch. 18 Pt. II Note 2 (with s. 10)
F309 Application for and duration of licence
F3091
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F309 Charge of duty in respect of short licence periods
F3092
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F309 Regulations
F3093
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F309 Inspection of premises
F3094
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F309 Power to estimate duty
F3095
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F309 Persons from whom duty recoverable
F3096
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F309 Enforcement
F3097
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F309 Co-operation with Gaming Board
F3098
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F309 Modification of agreements
F3099
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3 Bingo Duty
Part I Exemption from Duty
Domestic bingo
1
F178In calculating liability to bingo duty no account shall be taken of bingo played both in a private dwelling and on a domestic occasion.
F179 Small-scale bingo
Sch. 3 paras. 2, 2A and heading substituted (with effect as mentioned in s. 9(10) of the amending Act) for Sch. 3 para. 2 by Finance Act 2003 (c. 14), s. 9(3)
2
1
This paragraph applies where entitlement to participate in non-licensed bingo depends on a person’s being—
a
a member of a group or organisation,
b
a guest of a member of a group or organisation, or
c
a guest of a group or organisation.
2
Payments in respect of entitlement to participate in the non-licensed bingo shall not be brought into account in relation to any person for the purpose of section 19.
3
Winnings at the non-licensed bingo shall not be brought into account in relation to any person for the purpose of section 20.
2A
1
In the case of non-licensed bingo to which paragraph 2 does not apply—
a
payments in respect of entitlement to participate in the non-licensed bingo shall not be brought into account in relation to any person for the purpose of section 19 (subject to sub-paragraphs (2) to (5) below), and
b
winnings at the non-licensed bingo shall not be brought into account in relation to any person for the purpose of section 20 (subject to sub-paragraphs (2) to (5) below).
2
If on a day winnings at non-licensed bingo promoted by a person exceed £500, sub-paragraph (1) shall not apply in relation to the person in respect of the accounting period in which that day falls and the next two accounting periods.
3
If stakes exceeding in aggregate £500 are hazarded on a day at non-licensed bingo promoted by a person, sub-paragraph (1) shall not apply in relation to the person in respect of the accounting period in which that day falls and the next two accounting periods.
4
If in an accounting period winnings at non-licensed bingo promoted by a person exceed £7,500, sub-paragraph (1) shall not apply in relation to the person in respect of that accounting period and the next two accounting periods.
5
If stakes exceeding in aggregate £7,500 are hazarded in an accounting period at non-licensed bingo promoted by a person, sub-paragraph (1) shall not apply in relation to the person in respect of that accounting period and the next two accounting periods.
6
For the purposes of this paragraph winnings at bingo shall be valued in accordance with section 20(2) to (6).
F188F181Non-profit making bingo
Sch. 3 para. 2B and heading inserted (with effect as mentioned in s. 9(10) of the amending Act) by Finance Act 2003 (c. 14), s. 9(4)
Sch. 3 para. 2B and crossheading substituted (1.9.2007) by Finance Act 2007 (c. 11), s. 105, Sch. 25 paras. 12(2), 23; S.I. 2007/2532, art. 2
F1802B
1
In calculating liability to bingo duty no account shall be taken of non-profit making bingo.
2
“Non-profit making bingo” means bingo—
a
in respect of the playing of which no charge in money or money's worth is made, and
b
in respect of which no levy is charged on any of the stakes or on the winnings of any of the players (irrespective of the means by which the levy is charged),
and it does not matter whether the charge or levy is compulsory, customary or voluntary.
3
In sub-paragraph (2)(a) “charge” includes an admission charge, but does not include—
a
any payment of the whole or any part of an annual subscription to a club,
b
any payment of an entrance subscription for membership of a club, or
c
any stakes hazarded.
4
In sub-paragraph (3)—
“club” means a club which is so constituted and conducted, in respect of membership and otherwise, as not to be of a temporary character, and
“membership of a club” does not include temporary membership of a club.
Small-scale amusements provided commercially
5
1
F182In calculating liability to bingo duty no account shall be taken of bingo played in compliance with the conditions of this paragraph—
a
on any F183family entertainment centre within the meaning of the Gambling Act 2005 (see section 238);
F184aa
on any premises in Northern Ireland in respect of which an amusement permit under Article 111 of the M9Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 or a pleasure permit under Article 157 of that Order has been granted;
b
c
at any pleasure fair consisting wholly or mainly of amusements provided by travelling showmen, which is held on any day of a year on premises not previously used in that year for more than twenty-seven days for the holding of such a pleasure fair.
2
The conditions of this paragraph are that—
C10a
the amount payable by any person for a card for any one game of bingo does not exceed 20p;
C11b
the total amount taken as payment by players for their cards for any one games does not exceed £10;
c
no money prize exceeding F295£70 is distributed or offered;
d
the winning of, or the purchase of a chance to win, a prize does not entitle any person (whether subject to a further payment by him or not) to any further opportunity to win money or money’s worth by taking part in any gaming or in any lottery; and
e
in the case of such a pleasure fair as is described above, the opportunity to play bingo is not the only, or the only substantial, inducement to persons to attend the fair.
Machine bingo
6
F187. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power to increase limits of exemptions
7
The Commissioners may by order provide that any provision of this Part of this Schedule which is specified in the order and which mentions a sum shall have effect (whether as from a date so specified or in relation to events taking place on or after a date so specified) as if for that sum there were substituted such larger sum as may be specified in the order.
Part II Supplementary Provisions
Definitions
8
In this Part of this Schedule—
“bingo-promotor” means a person who promotes the playing of bingo chargeable with bingo duty;
“prescribed” means prescribed by regulations;
“regulations” means regulations of the Commissioners made under this Part of this Schedule.
General administration
9
1
Bingo duty shall be under the care and management of the Commissioners and shall be accounted for by such persons, and accounted for and paid at such times and in such manner, as may be required by or under regulations.
2
Without prejudice to any other provision of this Schedule, regulations may provide for any matter for which provision appears to the Commissioners to be necessary for the administration or enforcement of bingo duty, or for the protection of the revenue in respect of that duty.
Notification to Commissioners by, and registration of, bingo-promoters
10
1
Any person who intends to promote the playing of bingo F189in connection with which bingo duty may be chargeable shall, not less than fourteen days before the first day on which bingo is to be played, notify the Commissioners of his intention, specifying the premises on which the bingo is to be played, and applying to be registered as a bingo-promoter.
F1901A
Any person who is a bingo-promoter but is not registered as such and is not a person to whom sub-paragraph (1) above applies shall within five days of the date on which he became a bingo-promoter (disregarding any day which is a Saturday or a Sunday or a Bank Holiday) notify the Commissioners of that fact and of the place where the bingo was and (if he intends to continue to promote the playing of bingo which will or may be chargeable with duty) is to be played and apply to be registered as a bingo-promoter.
2
Where a person F191gives notice to the Commissioners under sub-paragraph (1) or (1A) above, he shall be entitled to be registered by the Commissioners, except that the Commissioners may, where it appears to them to be requisite for the security of the revenue to do so, impose as a condition of a person’s registration, or may subsequently impose as a condition of the continuance in force of his registration, a requirement that he shall give such security (or further security) by way of deposit or otherwise for any bingo duty which he is, or may become, liable to pay as the Commissioners may from time to time require.
F192Conditions shall not be imposed under this sub-paragraph if the premises at which the bingo in question is or is to be played are not licensed under F193a bingo premises licenceF194or under Chapter II of Part III of the M10Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985.
3
Where, in the case of a person who is for the time being registered as a bingo-promoter, the Commissioners exercise their power under sub-paragraph (2) above to impose, as a condition of the continuance in force of his registration, a requirement that he shall give security or further security, and he does not give it, the Commissioners may cancel his registration but without prejudice to his right to apply again to be registered.
Announcement of prizes
11
F195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Books, records, accounts, etc.
12
F196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers to enter premises and obtain information
13
1
Any officer may, without paying, enter on any premises where bingo is played or on which he has reasonable cause to suspect that bingo has been or is about to be played, and inspect the premises and anything whatsoever which he finds there; and he may further—
a
require any person concerned with the management of the premises to provide him with information with respect to activities carried on there;
b
require any person on the premises who appears to him to be, or to have been, playing any game to provide him with information with respect to the game and, in particular, to produce to him any document or thing in his possession which is or was used in connection with the playing of the game.
2
An officer who enters any premises in the exercise of powers conferred by this paragraph shall be permitted to remain there at any time when the premises are being used for gaming, or when he has reasonable cause to suspect that they are about to be so used.
Power to estimate duty
F19714
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disputes as to computation of duty
15
F198. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement
16
1
Any person who is knowingly concerned in or in taking steps with a view to the fraudulent evasion by him or any other person of bingo duty shall be guilty of an offence and liable—
a
on summary conviction to a penalty of the prescribed sum or, if greater, treble the amount of the duty payment of which is sought to be evaded or to imprisonment for a term not exceeding six months or to both, or
b
on conviction on indictment to a penalty of any amount or to imprisonment for a term not exceeding F199seven years or to both.
2
Any person who—
a
b
F201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall be guilty of an offence and liable—
i
on summary conviction to a penalty of the prescribed sum or to imprisonment for a term not exceeding six months or to both; or
ii
on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding two years or to both.
3
F202Where any person—
a
contravenes or fails to comply with any provision of this Part of this Schedule or of regulations, or
b
fails to comply with any requirement made of him by or under any such provision,
F203his contravention or failure to comply shall attract a penalty under section 9 of the Finance Act 1994 (civil penalties).
F2044
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
F205. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 4F263Amusement Machine Licence duty
Words in crossheading substituted (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).
Part I Exemptions from requirement of Excise Licence
Charitable entertainments, etc.
1
1
F206AnF207amusement machine licence shall not be required in order to authorise the provision of F206anF207amusement machine at an entertainment (whether limited to one day or extending over two or more days), being a bazaar, sale of work, fête, dinner, dance, sporting or athletic event or other entertainment of a similar character, where the conditions of this paragraph are complied with in relation to the entertainment.
2
The conditions of this paragraph are that—
a
the whole proceeds of the entertainment (including the proceeds F208from any amusement machines) after deducting the expenses of the entertainment, including any expenses incurred in connection with the provision of F209amusement machines and of prizes to successful players of the machines will be devoted to purposes other than private gain; and
b
the opportunity to win prizes by playing the machine (or that machine and F210and any other amusement machines provided at the entertainment) does not constitute the only, or the only substantial, inducement for persons to attend the entertainment.
F2113
In construing sub-paragraph (2)(a) above, proceeds of an entertainment promoted on behalf of a society falling within this sub-paragraph which are applied for any purpose calculated to benefit the society as a whole shall not be held to be applied for purposes of private gain by reason only that their application for that purpose results in benefit to any person as an individual.
4
A society falls within sub-paragraph (3) above if it is established and conducted either—
a
wholly for purposes other than purposes of any commercial undertaking, or
b
wholly or mainly for the purpose of participation in or support of athletic sports or athletic games;
and in this paragraph “society” includes any club, institution, organisation or association of persons, by whatever name called, and any separate branch or section of such a club, institution, organisation or association.
Pleasure fairs
2
F212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F222Seasonal licences
Crossheading substituted (3.5.1994 with effect in relation to gaming machine licences granted for the period of six months beginning with 1.4.1994) by 1994 c. 9, s. 6, Sch. 3 para. 4(1)(4).
F2144
1
If at any time during March of any year there has previously been granted a seasonal licence for that year authorising the provision of any number of F215relevant machines on any premises and that licence has not been surrendered, it shall be treated for the purposes of this Act as authorising the provision at that time of that number of F215relevant machines on the premises.
2
Where a seasonal licence is granted for any year authorising the provision of any number of F215relevant machines on any premises, and the licence is not surrendered, it shall be treated for the purposes of this Act as authorising F216the provision of that number of relevant machines on the premises during the period in that year—
a
beginning with 1st October; and
b
ending with the Sunday before the first Monday in November.
3
C12C134
A licence in respect of any premises is not a seasonal licence in relation to any year if any F218amusement machine licence has been granted in respect of those premises for any period which includes the whole or any part of the preceding winter period.
5
If in relation to any year—
a
a seasonal licence is granted in respect of any premises, and
C12b
another F218amusement machine licence is granted (whether before or after the grant of the seasonal licence or after the surrender of the seasonal licence) in respect of those premises for any period which includes the whole or any part of the following winter period (and does not include the whole or any part of the preceding winter period),
there shall (unless an amount has already become payable under this sub-paragraph in respect of the seasonal licence) be payable on the seasonal licence on the relevant date an additional amount of duty.
6
The additional amount is the difference between the duty payable (apart from this paragraph) on that licence at the time it was granted and the amount that would have been so payable if the licence had been granted for a period of eight months or, in a case where the seasonal licence has been surrendered before the beginning of September, seven months.
7
In sub-paragraph (5) above, the “relevant date” means—
a
the date on which the seasonal licence is granted, or
b
the date on which the other licence is granted,
whichever is the later.
F2197AA
Sub-paragraphs (4) and (5) above shall have effect where—
a
an amusement machine is provided on any premises at any time in a winter period, and
b
the provision of that machine on those premises at that time is authorised by a special amusement machine licence,
as if an amusement machine licence had been granted in respect of those premises for that winter period.
F2207A
An amusement machine is a relevant machine for the purposes of this paragraph unless it is a gaming machine which is not a small-prize machine.
8
In this paragraph “winter period” means F221the period beginning with the first Monday in November and ending with the last day of February.
Part II Supplementary provisions
General administration
5
[F223(1)] The duty on F224amusement machine licences shall be under the care and management of the Commissioners, who may (without prejudice to any other provision of this Schedule) make regulations providing for any matter for which provision appears to them to be necessary for the administration or enforcement of the duty, or for the protection of the revenue in respect thereof; and in this Schedule—
a
“regulations” means regulations of the Commissioners made thereunder; and
b
“prescribed” means prescribed by regulations.
F2252
Regulations may provide for this Schedule to have effect in relation to special amusement machine licences with such exceptions, adaptations and modifications as may be prescribed.
3
Without prejudice to the generality of sub-paragraphs (1) and (2) above, regulations may include provision requiring—
a
a special amusement machine licence to be displayed on such premises and in such manner, and
b
the machine to which such a licence relates to bear such labels and marks,
as may be determined by directions given, in accordance with the regulations, by the Commissioners.
Applications for and duration of licence
F2266
F2297
The period for which F230anF231amusement machine licence is granted shall begin with the day on which application for the licence is received by the Commissioners or, if a later day is specified for that purpose in the application, with that day; and the licence shall expire at the end of that period.
F233 Payment of duty by instalments
Crossheading inserted (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(5).
F2327A
1
The Commissioners may make and publish arrangements setting out the circumstances in which, and the conditions subject to which, a person to whom an amusement machine licence is granted for a period of twelve months may, at his request and if the Commissioners think fit, be permitted to pay the duty on that licence by regular instalments during the period of the licence, instead of at the time when it is granted.
2
Arrangements under this paragraph shall provide for the amount of each instalment to be such that the aggregate amount of all the instalments to be paid in respect of any licence is an amount equal to 105 per cent. of what would have been the duty on that licence apart from this paragraph.
3
Sub-paragraph (4) below applies if a person who has been permitted, in accordance with arrangements under this paragraph, to pay the duty on any amusement machine licence by instalments—
a
fails to pay any instalment at the time when it becomes due in accordance with the arrangements; and
b
does not make good that failure within seven days of being required to do so by notice given by the Commissioners.
4
Where this sub-paragraph applies—
a
the licence shall be treated as having ceased to be in force as from the time when the instalment became due;
b
the person to whom the licence was granted shall become liable to any unpaid duty to which he would have been liable under paragraph 11(1C) below if he had surrendered the licence at that time; and
c
any amusement machines found on the premises to which the licence related shall be liable to forfeiture.
5
Sections F27113A to 16 of the M11Finance Act 1994 F272(meaning of relevant decision, reviews and appeals to a tribunal) shall have effect in relation to any decision of the Commissioners refusing an application for permission to pay duty by instalments in accordance with arrangements under this paragraph as if that decision were a decision of a description F273falling within section 13A(2)(j) to that Act.
Transfer of licence
8
1
The proper officer may, in such manner as the Commissioners may direct, and without any additional payment, F234transfer a gaming machine licence in respect of any premises to a successor in title to the interest in those premises of the person to whom the licence was granted
2
Amendment of licence
F2389
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23910
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Surrender of licence
C1411
F2401
1A
On the surrender of the licence the holder shall be entitled to repayment of duty of the following amount.
1B
That amount is the difference between—
a
the amount of duty actually paid on the licence, and
b
the amount (if less) that would have been paid if the period for which the licence was granted had been reduced by the number of complete months in that period which have not expired,
and for the purposes of this paragraph a seasonal licence is to be treated as granted for the period of eight months beginning with 1st March
F2431C
Where, in a case where duty is being paid in accordance with arrangements made under paragraph 7A above, the amount of duty actually paid on a licence that is surrendered is less than the amount which would have been paid on that licence if the period for which it was granted had been reduced by the number of complete months in that period which have not expired when the licence is surrendered, the difference between those amounts shall be treated as unpaid duty.
F2442
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F245Sub-paragraph (1) above shall not apply if any person has been convicted of an offence under section 24 of this Act in respect of a contravention of F245section 21(1) or 24 of this Act which occurred between the grant of the licence and the date of surrender; and where at the date of surrender proceedings for such an offence are pending against any person, the right to repayment under this paragraph shall not arise until the proceedings are terminated, nor unless every person charged in those proceedings with such an offence has been acquitted thereof.
Reduction of duty in certain cases
F24611A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirements to be observed by licence-holder
12
F25013
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power to enter premises and obtain information
14
Any officer may (without payment) enter on any premises on which he knows or has reasonable cause to suspect that gaming machines are or have been provided F251for play and inspect those premises and require any person who is concerned in the management of the premises, or who is on the premises and appears to the officer to have any responsibility whatsoever in respect of their management or of the control of the admission of persons thereto—
a
to produce or secure the production of any F252amusement machine licence for the time being in force in respect of the premises, or
b
to provide information with respect to any use to which the premises are or have been put, or to any machine which is or has been on the premises and any game which may have been played by means of such a machine or to the way in which the machine works, or to the amount which is or has been payable to play it.
Registers of permits, etc.
15
F253. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement
16
1
If any person contravenes or fails to comply with any provision of this Part of this Schedule or regulations, or fails or refuses to comply with any requirement lawfully made of him under this Part of this Schedule or regulations, F254his contravention, failure to comply or refusal shall attract a penalty under section 9 of the Finance Act 1994 (civil penalties).
F2551A
This paragraph does not apply to any contravention or failure to comply with arrangements under paragraph 7A above or to any failure or refusal to comply with a requirement made under or for the purposes of any such arrangements.
F2562
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
F257. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18
Where an officer finds F258amusement machines provided on any premises in such circumstances that F259anF260amusement machine licence is required so as to authorise them so to be provided and F261the officer is satisfied, having regard to the number and description of— F262those machines which are authorised by the F260amusement machine licence or licences produced to himthat there has been a contravention of section 21(1) or 24 of this Act, all gaming machines found on the premises shall be liable to forfeiture.
F266Schedule 4A Unlicensed amusement machines
Sch. 4A inserted (28.7.2000 with effect as mentioned in Sch. 2 para. 10(2) of the amending Act) by 2000 c. 17, s. 17, Sch. 2 para. 10(1)
Application
1
This Schedule applies where it appears to the Commissioners that an amusement machine is or was provided for play on premises in contravention of section 21(1) or 24(3) or (4) of this Act.
Default notice requesting production of licence
2
1
The Commissioners may give a notice which complies with the requirements of sub-paragraphs (3) and (4) below.
2
In this Schedule such a notice is referred to as a “default notice”.
3
The notice shall state that one or more amusement machines appear to have been provided for play on specified premises (“relevant premises”) during a specified period (the “alleged default period”)—
a
the first day of which falls not more than F3024 years before the date of the notice, and
b
the last day of which falls on or before the date of the notice.
4
The notice shall request the production to the Commissioners on or before a specified date (the “due date”) of every relevant amusement machine licence.
5
For the purposes of sub-paragraph (4) above an amusement machine licence is a relevant licence if, at any time during the alleged default period, it was in force in relation to an amusement machine provided for play on the relevant premises at that time.
6
A single default notice may relate to—
a
different alleged default periods, or
b
different relevant premises.
7
A default notice shall be deemed to have been given if it is—
a
left at, or posted to, the relevant premises, or
b
given to, or posted to or left at the proper address of one or more persons falling within sub-paragraph (8) below.
8
Those persons are—
a
one or more of the persons who are or appear to be, or who at any time during the alleged default period were or appear to have been, responsible persons in relation to the relevant premises or an amusement machine provided for play on those premises, or
b
any person who is the representative of such a person.
Failure to produce a licence: grant of default licence
3
1
In any case where—
a
the Commissioners give a default notice,
b
the due date specified in the notice passes, and
c
it appears to the Commissioners that at some time during the alleged default period specified in the notice one or more amusement machines were provided for play on the relevant premises so specified without an amusement machine licence being in force in relation to the machines,
the Commissioners may grant, in accordance with this paragraph, one or more licences in relation to each of the machines.
2
In this Schedule—
“default licence” means a licence granted by the Commissioners under sub-paragraph (1) above;
“unlicensed machine” means a machine in relation to which a default licence is granted by the Commissioners.
3
The Commissioners may grant a separate default licence for each period of consecutive days—
a
which falls within the alleged default period, and
b
for which no amusement machine licence in force in relation to the unlicensed machine was produced.
4
The Commissioners may grant a default licence in relation to an unlicensed machine even though the period of that licence would include a day or days when the unlicensed machine was provided for play in contravention of section 21(1) or 24(3) or (4) of this Act on premises other than the relevant premises specified in the applicable default notice.
5
In a case where the Commissioners grant a default licence in accordance with sub-paragraph (4) above, references in this Schedule to the relevant premises shall be construed in relation to any particular time as references to the premises on which the machine was provided for play at that time.
6
The Commissioners may grant a default licence even though no application has been made for it.
7
A default licence may be granted for a period of any length (whether or not a licence under Schedule 4 to this Act could be granted for a period of that length).
Assessment of amount equivalent to duty
4
1
This paragraph applies where a default licence is granted in relation to an unlicensed machine.
2
The Commissioners may, subject to the following provisions of this paragraph, assess to the best of their judgement the amount which would have been payable under this Act as amusement machine licence duty if the default licence had been an amusement machine licence granted under Schedule 4 to this Act.
3
The Commissioners shall make the assessment using the rates of amusement machine licence duty which apply in relation to amusement machine licences granted in consequence of applications received by the Commissioners on the due date.
4
If the period of the licence is 12 months or less, the assessment shall be made as if an amusement machine licence had been granted in relation to the unlicensed machine for that period.
5
If the period of the licence is longer than 12 months, the assessment shall be made as if—
a
a separate amusement machine licence had been granted in relation to the unlicensed machine for each complete period of 12 months falling wholly within the period of the licence, and
b
a further amusement machine licence had been granted in relation to the unlicensed machine for any remaining part of the period of the licence.
6
Sub-paragraphs (7) and (8) below shall apply in relation to an assessment to be made in any case where—
a
the period of a licence mentioned in sub-paragraph (4) above, or
b
the part of the period mentioned in sub-paragraph (5)(b) above,
is not a period of complete months.
7
Any period of less than a month comprised in the period or the part of the period shall be treated as a complete month; and accordingly the period or the part of the period in question shall be treated as if it consisted of a complete month or, as the case may be, complete months.
8
The amusement machine licence treated as granted for such a period, or for such a part of a period, shall be treated as having been—
a
granted for that period, or that part of the period, as extended in accordance with sub-paragraph (7) above, and
b
surrendered at the end of the last day of the period mentioned in sub-paragraph (4) above or, as the case may be, of the part of the period mentioned in sub-paragraph (5)(b) above.
Liability to pay
5
1
Where an amount has been assessed under paragraph 4 above and notified to a responsible person or his representative, that amount—
a
shall be deemed to be an amount of duty charged in accordance with section 22 of this Act on an amusement machine licence within the meaning of section 21 of this Act,
b
shall be due from the responsible person, and
c
may be recovered accordingly unless, or except to the extent that, the assessment has subsequently been withdrawn or reduced.
2
The responsible persons to whom an assessment may be notified are any one or more of the persons who are or appear to be, or at any time during the period to which the assessment relates were or appear to have been, responsible persons in relation to the unlicensed machine or the relevant premises.
3
An assessment shall be deemed to have been notified to a person if it is—
a
given to him, or
b
left at or posted to his proper address.
4
But an assessment shall not be deemed to have been notified to a person unless and until—
a
the default licence in relation to which the assessment has been made, or
b
a copy of that licence,
has been given to him, or left at or posted to his proper address.
5
Where an amount has been assessed and notified to more than one responsible person (or his representative), that amount shall be recoverable jointly and severally from any or all of the responsible persons.
6
Arrangements made in accordance with paragraph 7A of Schedule 4 to this Act do not apply in relation to an amount assessed and notified in accordance with this paragraph.
Reviews and time limits on recovery
6
1
Section F27413A to 16 of the M12Finance Act 1994 F275(meaning of relevant decision, reviews and appeals to a tribunal) shall apply to so much of any decision by the Commissioners as is of any of the kinds mentioned in sub-paragraph (2) below, F276as they apply to the decisions mentioned in section 13A(2)(a) to (h) of that Act.
2
Those decisions are—
a
any decision that a default licence should be granted,
b
any decision contained in an assessment under paragraph 4 above that a person is liable to pay an amount of duty, and
c
any decision contained in an assessment under paragraph 4 above as to the amount of a person’s liability.
3
Sub-paragraph (4) below applies where the Commissioners—
a
have given a default notice, and
b
in consequence of so doing have granted a default licence.
4
An assessment made under paragraph 4 above in relation to the default licence may not be notified to a responsible person (or his representative) at any time after the end of the period of one year beginning with the due date specified in the default notice.
5
F3056
This sub-paragraph applies where—
a
a loss of amusement machine licence duty is brought about deliberately by the responsible person or anyone acting on the responsible person's behalf (including a representative), or
b
the responsible person has participated in a transaction knowing that it was part of arrangements of any kind (whether or not legally enforceable) intended to bring about a loss of amusement machine licence duty.
F3067
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General interpretation
7
1
The following provisions of this paragraph apply for the purposes of this Schedule.
2
A person is a responsible person in relation to an amusement machine at a particular time if, at that time, he is or was—
a
the owner or hirer of the machine, or
b
a party to any contract under which the machine may be, or may have been, or is or was required to be, on the relevant premises at that time.
3
A person is a responsible person in relation to relevant premises at a particular time if, at that time, he is or was—
a
the owner, lessee or occupier of the premises, or
b
responsible to the owner, lessee or occupier for the management of the premises, or
F264c
responsible for controlling the use of any amusement machine on the premises, or
d
responsible for controlling the admission of persons to the premises or for providing persons resorting to the premises with any goods or services.
4
A person’s representative is—
a
his personal representative,
b
his trustee in bankruptcy,
c
any receiver or liquidator appointed in relation to him or any of his property, or
d
any other person acting in a representative capacity in relation to him.
5
The proper address of a person is—
a
in the case of a body corporate, its registered office or principal office, and
b
in any other case—
i
his last known place of abode or business, or
ii
any vessel or aircraft to which he may belong or have lately belonged.
6
An item is only to be treated as posted to an address or place if it has been sent there by registered post or the recorded delivery service.
Saving for liability
8
The grant of a default licence in relation to an unlicensed machine shall be without prejudice to any liability arising under section 24 of this Act in relation to the machine.
X1SCHEDULE 5 Consequential Amendments
The text of Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
1
In the definition of “pool betting” in section 55(1) of the M13Betting, Gaming and Lotteries Act 1963, for the words “the Betting Duties Act 1972” there shall be substituted the words “
the Betting and Gaming Duties Act 1981
”
.
2
In paragraph 20(1)(e) of Schedule 2 to the M14Gaming Act 1968, after the words “Betting and Gaming Duties Act 1972” there shall be inserted the words “
or section 14 of or Schedule 2 to the Betting and Gaming Duties Act 1981
”
; and the same amendment shall be made in paragraph 60(c) of Schedule 2, paragraph 9(e) of Schedule 3 and paragraph 11(e) of Schedule 4 to that Act.
3
In paragraph 48(1) of Schedule 2 to the Gaming Act 1968 for the words from “paragraph 12” to “and the Commissioners” there shall be substituted the words “
Section 15 or 24 of the Betting and Gaming Duties Act 1981 or paragraph 7 of Schedule 2 or paragraph 16 of Schedule 4 to that Act (or under corresponding provisions of the Betting and Gaming Duties Act 1972 or the corresponding provisions of the enactments consolidated by that Act) and the Commissioners
”
.
4
In paragraph 17(1) of Schedule 3 and paragraph 15(1) of Schedule 4 to the Gaming Act 1968 for the words from “paragraph 15” to “in relation to premises” there shall be substituted the words “
section 24 of paragraph 24 of paragraph 16 of Schedule 4 to the Betting and Gaming Duties Act 1981 (or under the corresponding provisions of the Betting and Gaming Duties Act 1972 or the corresponding provisions of the enactments consolidated by that Act) in relation to premises
”
.
5
In the M15Customs and Excise Management Act 1979—
a
in section 1(1) in the definition of “the revenue trade provisions of the customs and excise Acts” for the words “the Betting and Gaming Duties Act 1972” there shall be substituted the words “
the Betting and Gaming Duties Act 1981
”
; and
b
in section 156(1) for the words from “means” to “all other provisions” there shall be substituted the words “
means the provisions
”
; and at the end there shall be inserted the words “
or the Betting and Gaming Duties Act 1981
”
.
SCHEDULE 6 Transitional Provisions and Savings
1
Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision of this Act had been in force when that period began to run.
2
Any provision of this Act relating to anything done or required or authorised to be done under or by reference to that provision or any other provision of this Act shall have effect as if any reference to that provision, or that other provision, as the case may be, included a reference to the corresponding provision of the enactments repealed by this Act and, where the corresponding provision is a provision of the M16Betting and Gaming Duties Act 1972, to the corresponding provision of the enactments repealed by that Act.
3
Nothing in this Act shall affect the enactments repealed by this Act in their operation in relation to offences committed before the commencement of this Act.
4
Where an offence for the continuation of which a penalty was provided has been committed under an enactment repealed by the Betting and Gaming Duties Act 1972 or by this Act, proceedings may be taken under this Act in respect of the continuance of the offence after the commencement of this Act in the same manner as if the offence had been committed under the corresponding provision of this Act.
5
F265For the purposes of section 9B of this Act a conviction for an offence under section 5 of the M17Finance Act 1952, section 2 of the M18Betting Duties Act 1963 (either as originally enacted or as subsequently amended) or section 9 of the Betting and Gaming Duties Act 1972 shall be deemed to have been a conviction for an offence under section 9 of this Act.
6
Paragraph 11(3) of Schedule 4 to this Act shall have effect in relation to an offence under paragraph 22 of Schedule 11 to the M19Finance Act 1969 in respect of a contravention of section 5(11) of that Act (either as originally enacted or as subsequently amended) and to an offence under paragraph 15 of Schedule 4 to the Betting and Gaming Duties Act 1972 in respect of a contravention of section 25 of that Act as it has effect in relation to an offence under section 24 of this Act in respect of a contravention of that section.
7
Where any Act or document refers either expressly or by implication to an enactment repealed by the Betting and Gaming Duties Act 1972 or this Act, the reference shall, except where the context otherwise requires, be construed as, or as including—
a
in the case of enactments repealed by the said Act of 1972, the corresponding provisions of that Act and this Act; and
b
in the case of enactments repealed by this Act, the corresponding provisions of this Act.
8
Notwithstanding the repeal by this Act of section 29 of and paragraphs 2 to 5 of Schedule 5 to the Betting and Gaming Duties Act 1972, the amendments made by those paragraphs shall continue to have effect but subject to any modification made by Schedule 5 to this Act.
9
Nothing in this Act shall affect gaming licences for periods beginning before 1st October 1981.
X2SCHEDULE 7 Repeals
The text of Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Chapter | Short title | Extent of Repeal |
---|---|---|
1972 c. 25. | The Betting and Gaming Duties Act 1972. | The whole Act. |
1972 c. 41. | The Finance Act 1972. | Section 58. |
1972 c. 69. | The Horserace Totalisor and Betting Levy Boards Act 1972. | Section 1(6). |
1974 c. 30. | The Finance Act 1974. | Section 2(2), as respects England, Wales and Scotland. |
1975 c. 45. | The Finance (No. 2) Act 1975. | Sections 3 and 4. |
1976 c. 32. | The Lotteries and Amusements Act 1976. | In Schedule 4, paragraph 8. |
1979 c. 2. | The Customs and Excise Management Act 1979. | In Schedule 4, in paragraph 12, in Part I of the Table, the entries relating to the Betting and Gaming Duties Act 1972. |
1980 c. 48. | The Finance Act 1980. | Sections 6 and 7(1). |
Schedule 5 and Part I of Schedule 6. | ||
1981 c. 35. | The Finance Act 1981. | In section 9, in subsection (1) the words from “section 1(2)(b)” to “and”, subsections (2), (3), (4), (5), (7) and in subsection (8) the words from “subsections (2)” to “subsections (5)”. |
Schedule 5. |
Cross-heading and ss. 1-5D substituted (6.10.2001 with effect as mentioned in art. 2 of the commencing S.I.) for ss. 1-5 by 2001 c. 9, s. 6, Sch. 1; S.I. 2001/3089, art. 2