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SCHEDULES

Sections 21(1), 24(1) and 26.

SCHEDULE 4U.K.[F1Amusement Machine] Licence duty

Textual Amendments

F1Words in crossheading substituted (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).

Part I U.K. Exemptions from requirement of Excise Licence

Charitable entertainments, etc.U.K.

1(1)[F2An][F3amusement machine] licence shall not be required in order to authorise the provision of [F2an][F3amusement 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.U.K.

(2)The conditions of this paragraph are that—

(a)the whole proceeds of the entertainment (including the proceeds [F4from any amusement machines]) after deducting the expenses of the entertainment, including any expenses incurred in connection with the provision of [F5amusement 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 [F6and any other amusement machines provided] at the entertainment) does not constitute the only, or the only substantial, inducement for persons to attend the entertainment.

[F7(3)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.]

Textual Amendments

F2Word in Sch. 4 para. 1(1) substituted for “a” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(b).

F3Words in Sch. 4 para. 1(1) substituted (1.5.1995) for “gaming machine” by 1995 c. 4, s. 14, Sch. 3 para. 11(a).

F4Words in Sch. 4 para. 1(2)(a) substituted for “of gaming by means of any machine” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(2)(a).

F5Words in Sch. 4 para. 1(2)(a) substituted for “gaming machines” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(a).

F6Words in Sch. 4 para. 1(2)(b) substituted for “and any other provided for gaming” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(2)(b).

Pleasure fairsU.K.

2(1)[F8An][F9amusement machine] licence shall not be required in order to authorise the provision of [F8an][F9amusement machine] at a 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, where the conditions of this paragraph are complied with in relation to the machine.

(2)The conditions of this paragraph are that—

(a)the amount payable to play the machine once does not exceed 10p;

(b)a person playing the machine once and successfully does not receive any thing other than one of the following prizes or combinations of prizes:—

(i)a money prize not exceeding £1 or a token which is, or two or more tokens which in the aggregate are, exchangeable only for such a money prize;

(ii)a non-monetary prize or prizes of a value or aggregate value not exceeding £2 or a token exchangeable only for such a non-monetary prize or such non-monetary prizes;

(iii)a money prize not exceeding £1 together with a non-monetary prize of a value which does not exceed £2 less the amount of the money prize;

(iv)one or more tokens which can be exchanged for a non-monetary prize or non-monetary prizes at the appropriate rate; and

(c)the opportunity to play the machine (or that machine [F10and any other amusement machines provided] at the fair) does not constitute the only, or the only substantial, inducement for persons to attend the fair.

(3)In sub-paragraph (2)(b) above, “non-monetary prize”, in relation to a machine, means a prize which does not consist of or include any money and does not consist of or include any token which can be exchanged for money or money’s worth or be used for playing the machine; and, for the purposes of sub-paragraph (2)(b)(iv), a token or tokens shall be taken to be exchanged for a non-monetary prize or prizes at the appropriate rate if either—

(a)the value or aggregate value of the prize or prizes does not exceed £2 and the token or tokens exchanged represent the maximum number of tokens which can be won by playing the machine once, or

(b)in any other case, the value or aggregate value of the prize or prizes does not exceed £2 and bears to £2 a proportion not exceeding that which the number of tokens exchanged bears to the maximum number of tokens which can be won by playing the machine once.

(4)The condition specified in sub-paragraph (2)(b) above shall not, in relation to a machine, be taken to be contravened by reason only that a successful player of the machine receives an opportunity to play again (once or more often) without paying, so long as the most which he can receive if he wins each time he plays again is a money prize or money prizes of an amount, or aggregate amount, of £1 or less.

Textual Amendments

F8Word in Sch. 4 para. 2(1) substituted (1.5.1995) by virtue of 1995 c. 4, s. 14, Sch. 3 para. 11(1)(b).

F9Words in Sch. 4 para. 2(1) substituted (1.5.1995) by virtue of 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).

F10Words in Sch. 4 para. 2(2)(c) substituted (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(3).

Modifications etc. (not altering text)

C1Sch. 4 para. 2(2)(b): by virtue of S.I. 1992/2954, art. 3(3)(a), sub-para. (2)(b) had effect (1.1.1993) as if, for the sum of £1 (in both places) there were substituted the sum of £3, and for the sum of £2 (in both places) there were substituted the sum of £6 (which S.I. was revoked (1.10.1995) by S.I. 1995/2374, art. 2).

C2Sch. 4 para. 2(3): by virtue of S.I. 1992/2954, art. 3(3)(b), sub-para. (3) had effect (1.1.1993) as if, for the sum of £2 (in all three places) there were substituted the sum of £6 (which S.I. was revoked (1.10.1995) by S.I. 1995/2374, art. 2).

C3Sch. 4 para. 2(4): by virtue of S.I. 1992/2954, art. 3(3)(c), sub-para. (4) had effect (1.1.1993) as if, for the sum of £1 there were substituted the sum of £3 (which S.I. was revoked (1.10.1995) by S.I. 1995/2374, art. 2).

3The Commissioners may by order provide that any provision of paragraph 2 above which is specified in the order and which mentions a sum shall have effect, as from a date so specified, as if for that sum there were substituted such larger sum as may be specified in the order.

[F11Seasonal licences]U.K.

Textual Amendments

F11Crossheading 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).

[F124(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 [F13relevant 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 [F13relevant machines] on the premises.

(2)Where a seasonal licence is granted for any year authorising the provision of any number of [F13relevant machines] on any premises, and the licence is not surrendered, it shall be treated for the purposes of this Act as authorising during October of that year the provision of that number of [F13relevant machines] on the premises.

(3)Subject to sub-paragraph (4) below, in this Schedule “seasonal licence”, in relation to any year, means [F14an][F15amusement machine] licence expressed to authorise only the provision of [F13relevant machines] on any premises for the period of six months beginning with 1st April in that year.

(4)A licence in respect of any premises is not a seasonal licence in relation to any year if any [F15amusement 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

(b)another [F15amusement 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.

[F16(7A)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 November to February.

Textual Amendments

F12Sch. 4 Pt. I para. 4 substituted (3.5.1994 with effect in relation to gaming licences granted for any period beginning on or after 1.4.1994) by 1994 c. 9, s. 6, Sch. 3 para. 4(1)(4).

F13Words in Sch. 4 Pt. I para. 4 substituted for “small-prize machines” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(4)(a).

F14Word in Sch. 4 Pt. I para. 4(3) substituted for “a” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(b).

F15Words in Sch. 4 Pt. I para. 4(3)(4)(5)(b) substituted for “gaming machine” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).

Modifications etc. (not altering text)

C4Sch. 4 Pt. I para. 4(4)(5)(b) extended (3.5.1994 with effect in relation to gaming machine licences granted for any period beginning on or after 1.4.1994) by 1994 c. 9, s. 6, Sch. 3 para. 4(2)(4).

Part II U.K. Supplementary provisions

General administrationU.K.

5The duty on [F17amusement 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.

Textual Amendments

F17Words in Sch. 3 Pt. II para. 5 substituted for “gaming machines” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).

Applications for and duration of licenceU.K.

[F186U.K.An application for [F19an]][F20amusement machine] licence shall be made to the Commissioners in such form and manner as they may require.

Textual Amendments

F18Sch. 4 Pt. II para. 6 substituted (3.5.1994 with effect in relation to gaming machine licences granted for any period beginning on or after 1.5.1994) by 1994 c. 9, s. 6, Sch. 3 para. 1(7)(9).

F19Word in Sch. 3 Pt. II para. 6 substituted for “a” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).

F20Words in Sch. 3 Pt. II para. 6 substituted for “gaming machine” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(b).

[F217U.K.The period for which [F22an]][F23amusement 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.

Textual Amendments

F21Sch. 4 Pt. II para. 7 substituted (3.5.1994 with effect in relation to gaming machine licences granted for any period beginning on or after 1.5.1994) by 1994 c. 9, s. 6, Sch. 3 para. 1(7)(9).

F22Word in Sch. 3 Pt. II para. 7 substituted for (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(b).

F23Words in Sch. 3 Pt. II para. 7 substituted for (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).

[F24 Payment of duty by instalments]U.K.

Textual Amendments

F24Crossheading inserted (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(5).

[F257A(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.U.K.

(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 14 to 16 of the M1Finance Act 1994 (review and appeals) 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 specified in Schedule 5 to that Act.]

Textual Amendments

Marginal Citations

Transfer of licenceU.K.

8(1)The proper officer may, in such manner as the Commissioners may direct, and without any additional payment, [F26transfer 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]U.K.

(2)Where the holder of [F27an][F28amusement machine] licence . . . F29dies, the proper officer may transfer the licence, in such manner as the Commissioners may direct and without any additional payment, to some other person for the remainder of the period for which the licence was granted.

Textual Amendments

F26Words in Sch. 4 para. 8(1) substituted for Sch. 4 para. 8(1)(a)(b) (1.5.1995) by 1994 c. 9, s. 6, Sch. 3 para. 3(5)(11).

F27Word in Sch. 4 para. 8(1) substituted “gaming machine” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(b).

F28Words in Sch. 4 para. 8(1) substituted “a” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).

Amendment of licenceU.K.

F309U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3110U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31Sch. 4 Pt. II para. 10 repealed (1.5.1994) by 1994 c. 9, ss. 6, 258, Sch. 3 para. 5(2)(6), Sch. 26 Pt. II Note (with Sch. 3 para. 1(8)(9)).

Surrender of licenceU.K.

11[F32(1)The holder of [F33an]][F34amusement machine] licence may surrender it to the proper officer at any time.U.K.

(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

[F35(1C)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.]

F36(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F37Sub-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 [F37section 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.

Textual Amendments

F33Word in Sch. 4 Pt. II para. 11(1) substituted for “a” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(b).

F34Words in Sch. 3 para. 11(1) substituted for “gaming machine” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).

Modifications etc. (not altering text)

Reduction of duty in certain casesU.K.

F3811AU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38Sch. 4 Pt. II para. 11A repealed (1.5.1994) by 1994 c. 9, ss. 6, 258, Sch. 3 para. 5(4)(6), Sch. 26 Pt. II Note (with Sch. 3 para. 1(8)(9)).

Requirements to be observed by licence-holderU.K.

12U.K.The holder of [F39[F40 an][F41amusement machine] licence] in respect of any premises shall secure that the licence is displayed on the premises at such times and in such manner as may be prescribed, and shall on demand by an officer at any time produce the licence for the officer’s inspection.

Textual Amendments

F39Words in Sch. 4 para. 12 substituted (1.5.1995) by 1994 c. 9, s. 6, Sch. 3 para. 3(7)(11).

F40Word in Sch. 4 para. 12 substituted for “a” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(b).

F41Words in Sch. 4 para. 12 substituted for “gaming machine” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).

F4213U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Power to enter premises and obtain informationU.K.

14U.K.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 [F43for 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 [F44amusement 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.

Textual Amendments

F43Words in Sch. 3 Pt. II para. 14 substituted for “for play” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(8).

F44Words in Sch. 3 Pt. II para. 14 substituted for “gaming machine” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).

Registers of permits, etc.E+W+S

15(1)The clerk to the appropriate authority shall keep a register in the prescribed form and containing the prescribed particulars of—

(a)all permits issued by the authority for the purposes of section 16 of the M2Lotteries and Amusements Act 1976 (permitted gaming in the form of amusements with prizes),

(b)all permits so issued for the purposes of section 34 of the M3Gaming Act 1968 (conditions under which gaming may be carried on by means of machines), and

(c)all directions given by the authority under section 32 of the Gaming Act 1968 (approval for provision of more than two [F45amusement machines]);

and any such register shall be open during reasonable hours for inspection by any officer.

(2)In sub-paragraph (1) above, “the appropriate authority”—

(a)in relation to permits issued for the purposes of section 16 of the Lotteries and Amusements Act 1976, means the local authority within the meaning of Schedule 3 to that Act,

(b)in relation to permits issued for the purposes of section 34 of the Gaming Act 1968, has the same meaning as in Schedule 9 to that Act, and

(c)in relation to directions under section 32 of the Gaming Act 1968, means the licensing authority under that Act.

Textual Amendments

F45Words in Sch. 4 para. 15 substituted for “gaming machines” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).

Marginal Citations

EnforcementU.K.

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, [F46his contravention, failure to comply or refusal shall attract a penalty under section 9 of the Finance Act 1994 (civil penalties).]U.K.

[F47(1A)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.]

F48(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

17(1)If a justice of the peace or, in Scotland, a justice (within the meaning of section 462 of the M4Criminal Procedure (Scotland) Act) is satisfied on information on oath that there is reasonable ground for suspecting that [F49amusement machines] are or have been, or are to be, provided [F50for play] on any premises in contravention of [F51section 21(1) or 24] of this Act, he may issue a warrant in writing authorising an officer to enter the premises (if necessary by force) at any time within [F52one month] of the issue of the warrant and search them.

(2)An officer who enters premises under the authority of such a warrant may—

(a)seize and remove any records, accounts or other documents, or any [F53amusement machine][F54(including any machine appearing to the officer to be an amusement machine or to be capable of being used as such)], or any tokens or other thing whatsoever, found on the premises which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under section 24 of this Act or paragraph 16 above;

(b)search any person found on the premises whom he has reasonable cause to believe to be or have been concerned with the provision of gaming machines on the premises, or with the management of the premises, or to be or have been responsible for controlling the admission of persons to the premises.

Textual Amendments

F49Words in Sch. 4 para. 17(1) substituted for “gaming machines” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).

F50Words in Sch. 4 Pt. II para. 17(1) substituted for “for gaming” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(10)(a).

F53Words in Sch. 4 para. 17(2)(a) substituted for “gaming machine” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).

Modifications etc. (not altering text)

Marginal Citations

18U.K.Where an officer finds [F55amusement machines] provided on any premises in such circumstances that [F56an][F57amusement machine] licence is required so as to authorise them so to be provided and [F58the officer is satisfied, having regard to the number and description of— [F59those machines which are authorised by the [F57amusement machine] licence or licences produced to him]that 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.

Textual Amendments

F55Words in Sch. 4 para. 18 substituted (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).

F56Word in Sch. 4 para. 18 substituted for “a” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(b)

F57Words in Sch. 4 para. 18 substituted for “gaming machine” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).

F59Words in Sch. 4 para. 18 substituted for Sch. 4 para. 18(a)(b) (1.5.1995) by 1994 c. 9, s. 6, Sch. 3 para. 3(9)(11).