1(1)A gaming machine licence shall not be required in order to authorise the provision of a gaming 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 of gaming by means of any machine) after deducting the expenses of the entertainment, including any expenses incurred in connection with the provision of gaming 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 any other provided for gaming at the entertainment) does not constitute the only, or the only substantial, inducement for persons to attend the entertainment.
[F1(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
F1Para. 1(3)(4) substituted for para. 1(3) by Finance Act 1983 (c. 28, SIF 12:2), s. 5(2)
2(1)A gaming machine licence shall not be required in order to authorise the provision of a gaming 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 and any other provided for gaming 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.
Modifications etc. (not altering text)
C1Sch. 4 para. 2(2)(a): by S.I. 1989/2254, art. 4(a) (which S.I. was revoked (1.1.1993) by S.I. 1992/2954, art. 2) it was provided (1.1.1990) that sub-para. (2) should have effect as if in sub-para. (2)(a), for the sum of 10p there were substituted the sum of 20p.
C2Sch. 4 para. 2(2)(b): by virtue of S.I. 1989/2254, art. 4(b) (which S.I. was revoked (1.1.1993) by S.I. 1992/2954, art. 2) sub-para. (2)(b) had effect (1.1.1990) as if, for the sum of £1 (in both places) there were substituted the sum of £2.40, and for the sum of £2 (in both places) there were substituted the sum of £4.80 and 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.
C3Sch. 4 para. 2(3): by virtue of S.I. 1989/2254, art. 4(c) (which S.I. was revoked (1.1.1993) by S.I. 1992/2954, art. 2) sub-para. (3) had effect (1.1.1990) as if, for the sum of £2 (in all three places) there were substituted the sum of £4.80, and 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.
C4Sch. 4 para. 2(4): by virtue of S.I. 1989/2254, art. 4(d) (which S.I. was revoked (1.1.1993) by S.I. 1992/2954, art. 2) sub-para. (4) had effect (1.1.1990) as if, for the sum of £1 there were substituted the sum of £2.40, and 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.
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.
4[F2Subject to sub-paragraph (2) below] a gaming machine licence shall not be required in order to authorise the provision of a [F3small prize-machine on any premises]—
(a)during March of any year if the provision of the machine on the premises during April of that year has been authorised by a half-year licence or a quarter-year licence;
(b)during October of any year if the provision of the machine on the premises during September of that year has been authorised by a half-year licence or a quarter-year licence.
[F4(2)Sub-paragraph (1) above shall not apply in relation to the provision of a machine on any premises—
(a)during March of any year, if any person has become entitled to a repayment of duty under paragraph 11 below on the surrender of a licence in respect of those premises or any machine on those premises during the preceding February,
(b)during October of any year, if any person has become entitled to such a repayment on the surrender of such a licence during the preceding March, June or September.]
Textual Amendments
F2Words inserted by Finance Act 1987 (c. 16, SIF 12:2), s. 5(4)
F3Words substituted by Finance Act 1982 (c. 39, SIF 12:2), s. 8, Sch. 6 Pt. V para. 15
F4Sch. 4 para. 4(2) inserted by Finance Act 1987 (c. 16, SIF 12:2), s. 5(4)