C100Gambling Act 2005

2005 c. 19

An Act to make provision about gambling.

[7th April 2005]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C28 C29 C27 C37 C82 C63 C116

Annotations:

Modifications etc. (not altering text)

C100

Act amendment to earlier affecting provision SI 2006/3272 Sch. 4 para. 33 (29.4.2007) by Gambling Act 2005 (Commencement and Transitional Provisions) (Amendment) Order 2007 (S.I. 2007/1157), arts. 1(1), 8(6)

C28

Act applied (with modifications) (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), Sch. 4 para. 22

C29

Act applied (with modifications) (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), Sch. 4 paras. 25, 26

C27

Act applied (with modifications) (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), Sch. 4 paras. 20, 21, 22, 25, 26, 33, 63, 64, 84(1) (as amended (29.4.2007) by S.I. 2007/1157, art. 8(6))

C37

Act applied (with modifications) (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), Sch. 4 para. 33 (as amended (29.4.2007) by S.I. 2007/1157, art. 8(6))

C82

Act modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), Sch. 4 para. 84(1)

C63

Act applied (with modifications) (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), Sch. 4 paras. 63, 64

C116

Act modified (E.W.) (28.11.2008) by Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 (S.I. 2008/2867), reg. 12(1)(a)(iii) (with reg. 1(2))

Part 1Interpretation of Key Concepts

Principal concepts

I21The licensing objectives

In this Act a reference to the licensing objectives is a reference to the objectives of—

a

preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime,

b

ensuring that gambling is conducted in a fair and open way, and

c

protecting children and other vulnerable persons from being harmed or exploited by gambling.

I32Licensing authorities

1

For the purposes of this Act the following are licensing authorities—

a

in relation to England—

i

a district council,

ii

a county council for a county in which there are no district councils,

iii

a London borough council,

iv

the Common Council of the City of London, and

v

the Council of the Isles of Scilly,

b

in relation to Wales—

i

a county council, and

ii

a county borough council, and

c

in relation to Scotland, a licensing board F25continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 16).

2

For the purposes of Schedule 13, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple are licensing authorities.

I43Gambling

In this Act “gambling” means—

a

gaming (within the meaning of section 6),

b

betting (within the meaning of section 9), and

c

participating in a lottery (within the meaning of section 14 and subject to section 15).

I54Remote gambling

1

In this Act “remote gambling” means gambling in which persons participate by the use of remote communication.

2

In this Act “remote communication” means communication using—

a

the internet,

b

telephone,

c

television,

d

radio, or

e

any other kind of electronic or other technology for facilitating communication.

3

The Secretary of State may by regulations provide that a specified system or method of communication is or is not to be treated as a form of remote communication for the purposes of this Act (and subsection (2) is subject to any regulations under this subsection).

include provision for determining what activities do or do not amount to the playing of a specified casino game or class of casino game;

c

include provision for determining what is or is not to be treated as a gaming table (and, in particular, in what circumstances a number of tables are to be treated as if they were a single gaming table);

d

provide that a gaming table is to be treated as being used or designated only if specified conditions (which may, in particular, relate to purpose of use, extent of use or circumstances of use) are satisfied.

I98Equal chance gaming

1

the thing has already occurred or failed to occur, and

b

one party to the transaction knows that the thing has already occurred or failed to occur.

10Spread bets, &c.

I111

For the purposes of section 9(1) “bet” does not include a bet the making or accepting of which is a regulated activity within the meaning of section 22 of the Financial Services and Markets Act 2000 (c. 8).

I112

An order under section 22 of that Act which has the effect that a class of bet becomes or ceases to be a regulated activity may, in particular, include transitional provision relating to the application of this Act to that class of bet.

I5073

This section is subject to section 38(3).

I1211Betting: prize competitions

1

For the purposes of section 9(1) a person makes a bet (despite the fact that he does not deposit a stake in the normal way of betting) if—

a

he participates in an arrangement in the course of which participants are required to guess any of the matters specified in section 9(1)(a) to (c),

b

he is required to pay to participate, and

c

if his guess is accurate, or more accurate than other guesses, he is to—

i

win a prize, or

ii

enter a class among whom one or more prizes are to be allocated (whether or not wholly by chance).

2

In subsection (1) a reference to guessing includes a reference to predicting using skill or judgment.

3

Schedule 1 makes further provision about when a person is to be or not to be treated for the purposes of subsection (1)(b) as being required to pay to participate in an arrangement.

4

In subsection (1)(c) “prize” includes any money, articles or services—

a

whether or not described as a prize, and

b

whether or not consisting wholly or partly of money paid, or articles or services provided, by the members of the class among whom the prizes are allocated.

I1312Pool betting

1

For the purposes of this Act betting is pool betting if made on terms that all or part of winnings—

a

shall be determined by reference to the aggregate of stakes paid or agreed to be paid by the persons betting,

b

shall be divided among the winners, or

c

shall or may be something other than money.

2

For the purposes of this Act pool betting is horse-race pool betting if it relates to horse-racing in Great Britain.

I1413Betting intermediary

7

The Secretary of State may by regulations provide that an arrangement of a specified kind is to be or not to be treated as a lottery for the purposes of this Act; and—

a

the power in this subsection is not constrained by subsections (1) to (6) or Schedule 2, and

b

regulations under this subsection may amend other provisions of this section or Schedule 2.

Any other transaction to which this section applies shall be treated for the purposes of this Act as gaming (and not as betting).

4

This section is subject to regulations under section 6(6).

I3717Lotteries and gaming

1

This section applies to an arrangement which satisfies—

a

the definition of a game of chance in section 6, and

b

the definition of a lottery in section 14.

2

An arrangement to which this section applies shall be treated for the purposes of this Act as a game of chance (and not as a lottery) if a person who pays in order to join the class amongst whose members prizes are allocated is required to participate in, or to be successful in, more than three processes before becoming entitled to a prize.

3

An arrangement to which this section applies shall, subject to subsection (2), be treated for the purposes of this Act as a lottery (and not as a game of chance) if—

a

it satisfies paragraph 1(1)(a) and (b) of Schedule 11,

b

it satisfies paragraph 10(1)(a) and (b) of Schedule 11,

c

it satisfies paragraph 11(1)(a) and (b) of Schedule 11,

d

it satisfies paragraph 12(1)(a) and (b) of Schedule 11,

e

it satisfies paragraph 20(1)(a) and (b) of Schedule 11,

f

it satisfies paragraph 30(1)(a) and (b) of Schedule 11, or

g

it is promoted in reliance on a lottery operating licence.

4

Any other arrangement to which this section applies shall be treated for the purposes of this Act as a game of chance (and not as a lottery).

5

This section is subject to regulations under section 6(6) or 14(7).

I3818Lotteries and betting

I5921Gaming Board: transfer to Commission

1

Section 10 of and Schedule 1 to the Gaming Act 1968 (c. 65) (Gaming Board for Great Britain) shall cease to have effect.

2

The functions, rights and liabilities of the Gaming Board for Great Britain shall on commencement become functions, rights and liabilities of the Gambling Commission.

3

The persons who immediately before commencement are the members of the Gaming Board for Great Britain shall be treated as if on commencement they were appointed as commissioners of the Gambling Commission under paragraph 1 of Schedule 4 to this Act.

4

The person who immediately before commencement is the chairman of the Gaming Board for Great Britain shall be treated as if on commencement he were appointed as the chairman of the Gambling Commission under paragraph 1 of Schedule 4 to this Act.

5

In this section “commencement” means the coming into force of this section.

6

Schedule 5 (which makes supplementary provision in relation to the transfer of functions and property from the Gaming Board to the Gambling Commission) shall have effect.

I6522Duty to promote the licensing objectives

In exercising its functions under this Act the Commission shall aim—

a

to pursue, and wherever appropriate to have regard to, the licensing objectives, and

b

to permit gambling, in so far as the Commission thinks it reasonably consistent with pursuit of the licensing objectives.

one or more persons who appear to the Commission to have knowledge about social problems relating to gambling, and

g

to such extent and in such manner as the Commission thinks appropriate, members of the public.

in such manner as the Commission thinks appropriate, members of the public.

a county council, and

ii

a county borough council, and

c

in relation to Scotland, a licensing board F26continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 16) .

whether an offence is being committed under or by virtue of this Act.

I135 I51128Investigation and prosecution of offences

1

The Commission—

a

may investigate whether an offence has been committed under this Act, and

b

may institute criminal proceedings in respect of an offence under this Act.

2

The power in subsection (1)(a) may be exercised whether in response to information received by the Commission or otherwise.

3

Subsection (1)(b) shall not apply in relation to the institution of proceedings in Scotland.

I51229Licensing authority information

1

The Commission may require a licensing authority to provide information that—

a

forms part of a register maintained by the authority under this Act, or

b

is in the possession of the authority in connection with a provision of this Act.

2

A requirement under subsection (1) may include a requirement for information to be—

a

compiled or collated in a specified manner;

b

provided in a specified form.

3

A licensing authority shall comply with a requirement under this section.

I7030Other exchange of information

1

The Commission may provide information received by it in the exercise of its functions to any of the persons or bodies listed in Schedule 6—

a

for use in the exercise of the person's or body's functions, or

b

for the purpose of a function of the Commission.

2

Any of the persons or bodies listed in Part 1 or 2 of Schedule 6 may provide to the Commission, for use in the exercise of its functions, information received by the person or body in the exercise of his or its functions.

3

The Commission may provide information received by it in the exercise of its functions to the Comptroller and Auditor General for use in the exercise of his functions under Part 2 of the National Audit Act 1983 (c. 44).

4

The Commission may provide information received by it in the exercise of its functions to a person if the provision is for the purpose of—

a

a criminal investigation (whether in the United Kingdom or elsewhere), or

b

criminal proceedings (whether in the United Kingdom or elsewhere).

5

Note 2 to Schedule 6 shall not apply to the provision of information under subsection (3).

6

Provision of information in reliance on this section may be subject to conditions (whether as to use, storage, disposal or otherwise).

7

The Commission may charge a fee for the provision of information under subsection (1)(a).

8

This section is subject to section 352.

I7731Consultation with National Lottery Commission

1

If in the course of the exercise of its functions the Gambling Commission becomes aware of a matter about which the National Lottery Commission is likely to have an opinion, the Gambling Commission shall consult the National Lottery Commission.

2

The Gambling Commission shall comply with any direction of the Secretary of State (which may be general or specific) to consult the National Lottery Commission.

I7832Consultation with Commissioners of Customs and Excise

1

If in the course of the exercise of its functions the Gambling Commission becomes aware of a matter about which the Commissioners of Customs and Excise are likely to have an opinion, the Gambling Commission shall consult the Commissioners of Customs and Excise.

2

The Gambling Commission shall comply with any direction of the Secretary of State (which may be general or specific) to consult the Commissioners of Customs and Excise.

Part 3General offences

5

In the application of subsection (4) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

I51434Exception: lotteries

Section 33 shall not apply to the provision of facilities for a lottery.

I51535Exception: gaming machines

Section 33 shall not apply to making a gaming machine available for use.

any provision of this Act, or of another enactment, that relates to Part 8.

a reference to a chief officer's area is a reference to the area in respect of which he has responsibility under that Act.

7

The Secretary of State may by order amend subsection (5) so as to substitute a different maximum number of occasional use notices for a calendar year.

8

An order under subsection (7) increasing the maximum number of occasional use notices for a calendar year may also make provision prohibiting the giving of a temporary use notice in a calendar year in respect of premises if a specified number of occasional use notices have been given in respect of the premises in that year.

I52040Exception: football pools

b

a fine not exceeding level 5 on the standard scale, or

c

both.

5

In the application of subsection (4) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

5

In the application of subsection (4) to Scotland or Northern Ireland the reference to 51 weeks shall have effect as a reference to six months.

I52444Provision of unlawful facilities abroad

1

A person commits an offence if he does anything in Great Britain, or uses remote gambling equipment situated in Great Britain, for the purpose of inviting or enabling a person in a prohibited territory to participate in remote gambling.

2

In subsection (1) “prohibited territory” means a country or place designated for the purpose of this section by order made by the Secretary of State.

3

An order under subsection (2) shall prescribe the mode of trial and maximum penalty for an offence under subsection (1).

Part 4Protection of children and young persons

Interpretation

I52545Meaning of “child” and “young person”

b

a telephone number,

c

an internet site, or

d

an email address.

1

A young person commits an offence if he gambles.

2

But subsection (1) does not apply to—

a

participation in private or non-commercial gaming,

b

participation in private or non-commercial betting,

c

participation in a lottery,

d

participation in football pools,

e

the use of a Category D gaming machine,

f

participation in equal chance gaming in accordance with a prize gaming permit,

g

participation in equal chance gaming at a licensed family entertainment centre,

h

participation in prize gaming at a non-licensed family entertainment centre, or

i

participation in prize gaming at a travelling fair in accordance with section 292.

I52949Entering premises

A young person commits an offence if he enters premises in circumstances where a person would commit an offence under section 47 if he invited or permitted the young person to enter.

I53050Provision of facilities for gambling

b

facilities for gambling are provided in accordance with a club gaming permit or a club machine permit.

I53454Employment on premises with gaming machines

1

A person commits an offence if—

C105a

he employs a child or young person to perform any function on premises where a Category A, B, C or D gaming machine is situated, and

b

the child or young person is or may be required in the course of his employment to perform a function in connection with the gaming machine.

2

A young person commits an offence if he is employed in contravention of subsection (1).

1

A person commits an offence if he invites, causes or permits a child to participate in football pools.

2

Subsections (3) to (6) of section 46 shall have effect in relation to subsection (1) of this section as they have effect in relation to subsection (1) of that section; and for that purpose—

a

references to a child or young person shall be treated as references only to a child, and

b

references to gambling shall be treated as references to participation in football pools.

I53858Return of stake

A person commits an offence if without reasonable excuse he fails to comply with a condition attached to an operating licence by virtue of section 83.

the manner in which the machine operates, or

d

any other matter.

both.

2

But in relation to an offence committed by a young person subsection (1) shall have effect as if—

a

paragraphs (a) and (c) were omitted, and

b

in paragraph (b) the reference to level 5 were a reference to level 3.

3

In the application of subsection (1) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

I54363Reasonable belief about person's age

1

Where a person is charged with an offence under this Part of doing anything in relation to an individual who is a child it is a defence for the person charged to prove that—

a

he took all reasonable steps to determine the individual's age, and

b

he reasonably believed that the individual was not a child.

2

Where a person is charged with an offence under this Part of doing anything in relation to an individual who is a young person it is a defence for the person charged to prove that—

a

he took all reasonable steps to determine the individual's age, and

b

he reasonably believed that the individual was not a young person.

I54464Use of children in enforcement operations

1

Nothing in this Part renders unlawful—

a

anything done, in the performance of his functions, by a constable, an enforcement officer or an authorised person, or

b

anything done by a child or young person at the request of a constable, enforcement officer or authorised person acting in the performance of his functions.

2

Subsection (1) applies to an order under section 59 as to the provisions of this Part.

C68 C60 C102Part 5Operating Licences

Annotations:

Modifications etc. (not altering text)

C68

Pt. 5 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 72

C60

Pt. 5 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 50

C102

Pt. 5 modified by SI 2006/3272 art. 8(4)-(9) (as inserted (16.8.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) (No. 2) Order 2007 (S.I. 2007/2169), arts. 1(1), 5)

Introductory

65C68 C60Nature of licence

I136 I5451

The Commission may issue operating licences in accordance with the provisions of this Part.

I792

An operating licence is a licence which states that it authorises the licensee—

a

to operate a casino (a “casino operating licence”),

b

to provide facilities for playing bingo (a “bingo operating licence”),

c

to provide facilities for betting other than pool betting (a “general betting operating licence”),

d

to provide facilities for pool betting (a “pool betting operating licence”),

e

to act as a betting intermediary (a “betting intermediary operating licence”),

f

to make gaming machines available for use in an adult gaming centre (a “gaming machine general operating licence” for an adult gaming centre),

g

to make gaming machines available for use in a family entertainment centre (a “gaming machine general operating licence” for a family entertainment centre),

h

to manufacture, supply, install, adapt, maintain or repair a gaming machine, or a part of a gaming machine (a “gaming machine technical operating licence”),

i

to manufacture, supply, install or adapt gambling software (a “gambling software operating licence”), or

j

to promote a lottery (a “lottery operating licence”).

I136 I5453

The issue of an operating licence does not affect the application of section 37.

I136 I5454

The Secretary of State may by order amend subsection (2) so as to—

a

add a kind of operating licence,

b

remove a kind of operating licence, or

c

vary a kind of operating licence.

I136 I5455

An order under subsection (4) may, in particular, make consequential amendment of this Part (or a provision of this Act or another enactment that relates to this Part).

I137 C68 C60 I54666C68 C60Form of licence

C91

An operating licence must specify—

a

the person to whom it is issued,

b

the period during which it is to have effect, and

c

any condition attached by the Commission under section 75 or 77.

2

The Secretary of State may by regulations require the Commission to ensure that an operating licence—

a

is issued in such form as the regulations may specify, and

b

contains, in addition to the matters specified in subsection (1), such information as the regulations may specify (which may, in particular, include information about conditions attached to the licence by virtue of section 78).

I138 C68 C10 C60 I54767C68 C60Remote gambling

1

An operating licence is a “remote operating licence” if it authorises activity to be carried on—

a

in respect of remote gambling, or

b

by means of remote communication.

C662

A remote operating licence may not also authorise activity which is neither—

a

in respect of remote gambling, nor

b

carried on by means of remote communication.

C663

An operating licence must state whether it is a remote operating licence or not.

I139 C68 C60 I54868C68 C60Combined licence

b

different circumstances.

The Commission may disregard an irregularity or deficiency in or in relation to an application, other than a failure to pay the fee required by section 69(2)(g).

6

For the purposes of this section a reference to the licensed activities or to a person relevant to an application shall be construed in accordance with section 70(9).

I145 C68 C60 I55474C68 C60Determination of application

making existing licences subject to the condition as amended, or

b

relieving existing licences from the condition revoked.

I149 C68 C6077C68 C60Individual condition imposed by Commission

Where the Commission issues an operating licence it may attach a condition to the licence.

I150 C68 C6078C68 C60Condition imposed by Secretary of State

1

The Secretary of State may by regulations provide for a specified condition to be attached to operating licences falling within a specified description.

C442

Transitional provision of regulations under this section (made by virtue of section 355(1)(c)) may, in particular, apply a condition (with or without modification) to licences issued before the regulations are made (or come into force).

1

An operating licence shall by virtue of this section be subject to the condition that the licensee ensures compliance with any relevant social responsibility provision of a code of practice issued under section 24.

2

In subsection (1)—

a

the reference to a licensee includes a reference to anyone employed or engaged by a licensee to perform an operational function within the meaning of section 80, and

b

the reference to a social responsibility provision of a code is a reference to a provision identified by a code as being included in pursuance of section 24(2).

3

This section does not prevent compliance with a provision of a code, other than a social responsibility provision, from being made the subject of a condition under section 75, 77 or 78.

in relation to participation in a lottery or football pools a reference to a child or young person shall be treated as a reference only to a child.

5

In this section “prize” includes both a prize provided by a person organising gambling and winnings of money staked.

I153 C68 C50 C6084C68 C60Premises

C191

An operating licence—

a

may not include a condition (whether attached by virtue of section 75, 77 or 78)—

i

requiring that the licensed activities be carried on at a specified place or class of place,

ii

preventing the licensed activities from being carried on at a specified place or class of place, or

iii

specifying premises on which the licensed activities may be carried on, but

b

may include a condition about—

i

the number of sets of premises on which the licensed activities may be carried on;

ii

the number of persons for whom facilities may be provided on any premises where the licensed activities are carried on.

2

An operating licence of any kind may authorise activities carried on in more than one place.

I154 C4 C68 C6085C68 C60Equipment

1

A condition attached to an operating licence by virtue of section 75, 77 or 78 may make provision about equipment used in connection with the licensed activities.

2

In particular, a condition attached by virtue of this section may—

a

make provision about the number of pieces of equipment, other than equipment for playing bingo, that may be used to provide facilities for gambling;

b

make provision about the specification of equipment used to provide facilities for gambling.

3

For the purposes of this section “equipment” includes—

a

a computer,

b

a device for the playing of a casino game, and

c

any other piece of equipment.

4

But a gaming machine is not equipment for the purposes of this section.

requiring facilities to be provided by, or used in the course of the activities of, a club or other body with membership, or

b

restricting the provision or use of facilities wholly or partly by reference to membership of a club or other body.

I159 C68 C5 C6090C68 C60Casino operating licence

1

A casino operating licence may be subject to a condition (whether imposed by virtue of section 75, 77 or 78) restricting the class of casino game that may be made available.

2

A casino operating licence may be subject to a condition imposed by virtue of section 75 or 77 specifying rules for the playing of—

a

a casino game;

b

another game of chance.

I160 C68 C5 C6091C68 C60Bingo operating licence

1

Regulations under section 78 may provide for the attachment to a bingo operating licence of a condition—

a

limiting amounts that may be staked;

b

limiting the amount that may be charged by way of participation fee;

c

limiting the amount or value of a prize or class of prize;

d

requiring that at least a specified proportion of stakes be paid out by way of prizes;

e

imposing requirements that are specific to games of bingo played on more than one set of premises (whether facilities for the game are provided in accordance with one bingo operating licence or more than one).

2

But subject to subsection (1) a bingo operating licence may not be subject to a condition—

a

limiting the amount that may be accepted or charged by way of stakes,

b

3

The effect of the term implied by subsection (2) may not be disapplied or restricted by a condition attached under section 75, 77 or 78.

amend subsection (3) so as to permit authorisation in relation to betting of a specified kind that relates to a sport but is not a football pool.

I163 C68 C5 C6094C68 C60Horse-race pool betting operating licence

1

This section applies to a pool betting operating licence which provides for this section to apply.

2

The holder of a licence to which this section applies may in writing authorise a person to provide facilities for horse-race pool betting.

3

An authorisation under subsection (2) shall be treated for the purposes of section 33 as if it were a pool betting operating licence authorising the provision of facilities for horse-race pool betting.

4

An authorisation under subsection (2) may be issued on terms and conditions which may, in particular, include—

a

provision for payment to or by the person issuing the authorisation;

b

provision for agency or commission.

5

A condition of a pool betting operating licence to which this section applies (whether attached by virtue of section 75, 77 or 78) may make provision regulating or restricting the activities of persons authorised under subsection (2).

6

A pool betting operating licence to which this section applies shall, by virtue of this subsection, contain an implied term permitting the use of postal services for the making of bets.

7

The effect of the term implied by subsection (6) may not be disapplied or restricted by a condition attached under section 75, 77 or 78.

8

The Secretary of State may by order repeal this section.

I164 C68 C5 C6095C68 C60Betting on the National Lottery

1

This section applies to—

a

a general betting operating licence,

b

a pool betting operating licence, and

c

a betting intermediary operating licence.

2

A licence to which this section applies shall, by virtue of this subsection, be subject to the condition that nothing may be done in reliance on the licence in relation to a bet on the outcome of a lottery which forms part of the National Lottery.

by reference to the opinion of a specified person or class of persons;

b

by reference to a specified process or class of machine.

6

This section is without prejudice to the generality of sections 75, 77 and 78.

I166 C68 C5 C6097C68 C60Gambling software operating licence: standards

1

The Commission may establish, or provide for the establishment of, standards in respect of the manufacture, supply, installation or adaptation of gambling software.

2

In particular, the Commission may—

a

provide for the enforcement of standards by the attachment of conditions under section 75 or 77;

b

make arrangements with any person for the establishment of standards;

c

make arrangements with any person for the administration of tests of compliance with standards;

d

for the purpose of considering whether a condition under section 75 or 77 has been complied with, require the holder of a gambling software operating licence—

i

to submit to a test in accordance with arrangements made under paragraph (c) above, and

ii

to produce specified evidence of the result of the test;

e

for the purpose of considering whether to grant an application under this Part, require the holder of or an applicant for a gambling software operating licence—

i

to submit to a test in accordance with arrangements made under paragraph (c) above, and

ii

to produce specified evidence of the result of the test.

3

Standards established under subsection (1) may, in particular, be expressed—

a

by reference to the opinion of a specified person or class of persons;

b

by reference to a specified process or description of software.

4

This section is without prejudice to the generality of sections 75, 77 and 78.

a county borough council, and

iii

a community council, and

c

in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).

£25,000, or

b

9

Where—

a

conditions are attached to a lottery operating licence in accordance with this section, and

b

the lottery operating licence is also subject to a condition under section 98(3)(a) requiring arrangements for the lottery to be made by the holder of a lottery manager's operating licence,

the conditions specified in paragraph (a) above shall, by virtue of this subsection, attach to the lottery manager's operating licence in so far as it is relied upon in pursuance of the condition specified in paragraph (b) above.

10

Nothing in this section prevents the Commission from attaching a condition to a lottery operating licence of a kind similar to but more onerous than a requirement of this section.

11

The Secretary of State may by order vary a monetary amount or a percentage in this section.

Maintenance

a

the prescribed fee, and

b

either—

i

the licence, or

ii

an application to the Commission for the issue of a copy of the licence under section 107.

3

Where notification is accompanied by the licence, the Commission shall—

a

make such alteration to the information contained in the licence as appears to it to be required by the change in circumstance, and

b

return the licence to the licensee.

4

Where the notification is accompanied by an application for a copy of the licence, the Commission shall, if it grants the application, issue the copy in a form which appears to the Commission to reflect the change in circumstance.

5

In this section “prescribed” means prescribed by regulations under this section.

6

The holder of an operating licence commits an offence if he fails without reasonable excuse to comply with regulations under this section.

7

A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

8

This section does not prevent the imposition of a requirement to notify the Commission of a specified change of circumstance by way of the attachment of a condition to an operating licence.

after it expires (if the relevant operating licence has not yet been revoked).

I172 C68 C6 C60103C68 C60Section 102: supplemental

1

The Secretary of State may by regulations provide for section 102 not to apply to the holder of a specified description of operating licence.

2

An application under section 102(2)(b) must be accompanied by the prescribed fee.

3

An application may be made under section 102(2)(b) in respect of a person who is expected to become a controller of a company.

4

The Commission shall as soon as is reasonably practicable inform an applicant under section 102(2)(b) of—

a

the Commission's decision, and

b

the reasons for it.

5

In giving a direction under section 102(3) the Commission shall have regard to normal commercial practices in relation to the confidentiality of information.

6

Regulations under subsection (2) above may, in particular, provide for a reduction of fee where the application is a result of—

a

the merger of more than one company, or

b

the division of a company.

7

Revocation of an operating licence under section 102 shall be treated for all purposes (including the application of section 119) as revocation under section 119.

shall specify a time when the variation shall begin to have effect, and

b

may make transitional provision.

I174 C68 C46 C60105C68 C60Amendment

1

The Commission may require the holder of an operating licence to submit it to the Commission for the purpose of amendment to reflect—

a

a general variation of conditions under section 75,

b

a change notified under section 101,

c

the grant of an application for variation under section 104,

d

the attachment of an additional condition, or the amendment of a condition, under section 117,

e

the grant of an application for renewal under section 112, or

f

anything done in relation to a personal licence under Part 6.

2

A licensee shall comply with a requirement under subsection (1) within the period of 14 days beginning with the day on which he receives notice of the requirement.

3

A person commits an offence if he fails without reasonable excuse to comply with a requirement imposed under subsection (1).

4

A person guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

5

Subsection (1)(a) is without prejudice to section 76(4)(c).

I175 C68 C46 C60106C68 C60Register of operating licences

1

The Commission shall—

a

maintain a register of operating licences containing such details of and relating to each licence as the Commission thinks appropriate,

b

a

his conviction, and

b

any sentence passed in respect of it.

4

A person commits an offence if he fails without reasonable excuse to comply with any of subsections (1) to (3).

5

A person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Duration

C68 C49 C7 C60 I558110C68 C60Indefinite duration

An operating licence shall continue to have effect unless and until it ceases to have effect in accordance with—

a

a determination under section 111, or

b

section 113, 114, 115, 118 or 119.

C68 C7 C47 C60 I559111C68 C60Power to limit duration

1

The Commission may determine that operating licences, or a specified class of operating licence, shall cease to have effect at the end of a specified period (unless terminated earlier in accordance with section 113, 114, 115 or 119).

2

The period specified under subsection (1)—

a

in the case of an operating licence issued after the determination, must begin with the date on which the licence is issued, and

b

in the case of an operating licence issued before the determination, must begin with the date of the determination.

3

The Commission—

a

may determine different periods under subsection (1) for operating licences authorising different classes of activity (but may not otherwise determine different periods for different licences),

b

may alter a determination under subsection (1) (but an alteration shall have effect only in relation to licences issued after the alteration), and

c

may revoke a determination under subsection (1) (in which case the determination shall cease to have effect in relation to licences already issued).

4

The Commission shall publish any determination under subsection (1) as part of a statement (or revised statement) under section 23.

a written statement explaining why it is not reasonably practicable to produce the licence.

I179 C21 C68 C53 C60114C68 C60Lapse

1

In the case of an operating licence issued to an individual, the licence shall lapse if—

a

the licensee dies,

b

the licensee becomes, in the opinion of the Commission as notified to the licensee, incapable of carrying on the licensed activities by reason of mental or physical incapacity,

c

the licensee becomes bankrupt (within the meaning of section 381 of the Insolvency Act 1986 (c. 45)), or

d

sequestration of the licensee's estate is awarded under section 12(1) of the Bankruptcy (Scotland) Act 1985 (c. 66).

2

In any other case an operating licence shall lapse if the licensee—

a

ceases to exist, or

b

goes into liquidation (within the meaning of section 247(2) of the Insolvency Act 1986).

I180 C68 C54 C60115C68 C60Forfeiture

Following a review under section 116(1) or (2) the Commission may—

a

give the holder of an operating licence a warning;

b

attach an additional condition to a licence under section 77;

c

remove or amend a condition attached to a licence under section 77;

F15d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

exercise the power under section 118 to suspend a licence;

f

exercise the power under section 119 to revoke a licence;

g

exercise the power under section 121 to impose a penalty.

2

Where the Commission determines to take action under subsection (1) in respect of a licence it shall as soon as is reasonably practicable notify the licensee of—

a

the action, and

b

the Commission's reasons.

3

In determining what action to take under subsection (1) following a review the Commission may have regard to a warning under that subsection given to the licensee following an earlier review (whether or not of that licence).

I183 C68 C58 C60 I563 C110118C68 C60Suspension

1

The Commission may suspend an operating licence if following a review under section 116(1) or (2) the Commission thinks that any of the conditions specified in section 120(1) applies.

2

The Commission may suspend an operating licence if at the time of deciding to conduct a review under section 116(1) or (2), or at any time during the course of a review, the Commission suspects that any of the conditions specified in section 120(1) may apply.

3

The Commission may suspend an operating licence if it thinks that any of the conditions specified in section 120(2) applies.

4

Where the Commission suspends an operating licence it—

a

shall specify the time when the suspension takes effect,

b

shall specify either—

i

a period for which the suspension shall last (which is without prejudice to the re-exercise of the power under subsection (1) on or after the expiry of that period), or

ii

that the suspension shall last until some specified event occurs (which may be the giving of a notice by the Commission), and

c

may make saving or transitional provision (which may, in particular, provide for a licence to continue to have effect in relation to a gaming machine supplied, or another thing done, before the time when the suspension takes effect for other purposes).

5

An operating licence shall have no effect in respect of anything done while it is suspended under this section.

I184 C24 C68 C58 C60 I564 C110119C68 C60Revocation

b

the competence of the licensee, or of any person who exercises a function in connection with the licensed activities, to carry on the licensed activities in a manner consistent with pursuit of the licensing objectives;

c

the financial and other circumstances of the licensee or of any person who exercises a function in connection with or is interested in the licensed activities (and, in particular, the resources available for the purpose of carrying on the licensed activities).

the Secretary of State,

b

the Lord Chancellor, and

c

such other persons as the Commission thinks appropriate.

In this Part—

“conviction”—
1. a
  has the meaning given by section 1(4) of the Rehabilitation of Offenders Act 1974, and
2. b
  includes, to the extent required by section 125, a spent conviction within the meaning of that Act,
“holder”, in relation to an operating licence, means the person to whom the licence is issued,
“the licensed activities” in relation to an operating licence means the activities which it authorises, and
“licensee”, in relation to an operating licence, means the person to whom the licence is issued.

2

In this Act “relevant offence” means—

a

an offence listed in Schedule 7, and

b

an offence under the law of a country or territory outside the United Kingdom (a “foreign offence”) which prohibits a kind of activity prohibited by an offence listed in that Schedule (a “domestic offence”).

3

For the purpose of subsection (2)(b) it is immaterial—

a

whether or not the foreign offence prohibits all the kinds of activity prohibited by the domestic offence, and

b

whether or not the foreign offence prohibits kinds of activity not prohibited by the domestic offence.

C61Part 6Personal Licences

Annotations:

Modifications etc. (not altering text)

C61

Pt. 6 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 51

I84127Nature of personal licence

1

For the purposes of this Act a “personal licence” is a licence which authorises an individual to perform the functions of a specified management office, or to perform a specified operational function, in connection with—

a

the provision of facilities for gambling, or

b

a person who provides facilities for gambling.

2

In this section “management office” and “operational function” have the same meaning as in section 80.

I85 I189 C61 I568128C61Application of provisions of Part 5

1

The provisions of Part 5 (other than section 65(2), (4) and (5)) shall apply to a personal licence as they apply to an operating licence, with—

a

the modifications and exclusions specified in this Part,

b

such modifications and exclusions as the Secretary of State may specify by regulations, and

c

any other necessary modifications.

2

Regulations under a provision of Part 5—

a

may make different provision for purposes of this Part and for purposes of that Part, and

b

in making provision for purposes of this Part, may make different provision in relation to personal licences authorising—

i

the performance of different kinds of function, or

ii

the performance of functions in different circumstances.

I191 C61129C61Exemption for small-scale operators

1

A condition may not be attached to an operating licence under section 75, 77 or 78 requiring possession of a personal licence if the licensee is a small-scale operator.

2

In this section “small-scale operator” shall have such meaning as the Secretary of State may prescribe by regulations.

3

Regulations under subsection (2) may, in particular, make provision by reference to—

a

the size or value of business carried on, or expected to be carried on, in reliance on an operating licence;

b

the number of persons employed, or expected to be employed, by the licensee.

4

A constable or enforcement officer may under section 108(1) require a small-scale operator to produce his operating licence—

a

within a specified period, or

b

while the operator is carrying on a licensed activity, immediately.

I190 C61 I569130C61Application

1

A direction under section 69(2)(c) or (f) (as applied by section 128) may, in particular, require that an application—

a

be signed by the applicant's employer;

b

contain or be accompanied by information provided by the applicant's employer or relating to his employment.

2

The Commission may under section 73(1)(a) (as applied by section 128) require an applicant to obtain information from his employer.

3

For the purposes of this section a reference to an applicant's employer is a reference to any person for whom the applicant, in the course of a business (but whether or not under a contract of employment)—

a

provides services,

b

has provided services, or

c

intends to provide services.

4

Neither this section nor any other provision of this Act shall be treated as preventing a person who is not employed from applying for a personal licence.

I570131C61Duration

A personal licence shall continue to have effect unless and until it ceases to have effect in accordance with section 113, 114, 115 or 119 (as applied by section 128).

I192 C61132C61Fees

1

Section 100 shall not have effect in relation to personal licences.

2

The Secretary of State may make regulations requiring the holder of a personal licence to pay to the Commission specified fees in respect of specified periods during which the licence is held.

3

Regulations under this section may, in particular, make different provision for—

a

different kinds of licence, or

b

different circumstances.

4

In its application to this part by virtue of section 128, the reference in section 119(3) to failure to pay an annual fee shall be construed as a reference to failure to comply with regulations under this section.

I193 C61133C61Multiple licences

1

The Commission may not issue a personal licence to an individual who already holds one.

2

But a personal licence may authorise the performance of more than one function.

C61 C55 I571134C61Production of licence

1

A constable or enforcement officer may under section 108 (as applied by section 128) require the individual who holds a personal licence to produce the licence—

a

within a specified period,

b

while the individual is carrying on a licensed activity, immediately, or

c

while the individual is on premises in respect of which a premises licence has effect, immediately.

2

A licensee commits an offence if he fails without reasonable excuse to comply with a requirement under subsection (1).

3

A person guilty of an offence under subsection (2) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

I572135C61Review

Section 116(1) shall not apply in relation to personal licences.

an individual who holds a personal licence under this Part acts in the course of or in connection with any of the activities authorised by the operating licence, and

c

the individual's action is not in accordance with the terms and conditions of the personal licence.

2

The individual commits an offence.

3

The individual may be proceeded against for the offence under subsection (2) whether or not the holder of the operating licence is proceeded against for an offence under section 33 (by reason of a breach of the condition under section 80).

4

An individual guilty of an offence under this section shall be liable on summary conviction to—

a

imprisonment for a term not exceeding 51 weeks,

b

a fine not exceeding level 5 on the standard scale, or

c

both.

5

In the application of subsection (4) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

Part 7Operating and Personal Licences: Appeals

I195F45140Definition of “the Tribunal”

In this Part “the Tribunal” means the First-tier Tribunal.

I196 C59141Appeal to Tribunal

1

Where the Commission determines an application under section 69 or 112 (including either of those sections as applied by section 128) for the issue or renewal of an operating licence or a personal licence, the applicant may appeal to the Tribunal.

2

Where the Commission attaches a condition to a licence under section 77 (including that section as applied by section 128) the licensee may appeal to the Tribunal.

3

Where the Commission determines an application under section 102(2)(b) the applicant may appeal to the Tribunal.

4

Where the Commission determines an application under section 104 (including that section as applied by section 128) the applicant may appeal to the Tribunal.

5

Where the Commission gives a notice under section 114(1)(b) (including that section as applied by section 128) the licensee may appeal to the Tribunal.

6

Where the Commission takes action, or determines to take action, under section 117 (including that section as applied by section 128) in respect of a licence, the licensee may appeal to the Tribunal.

7

Where the Commission takes action, or determines to take action, under section 118 (including that section as applied by section 128) in respect of a licence, the licensee may appeal to the Tribunal.

8

Where the Commission takes action, or determines to take action, under section 119 (including that section as applied by section 128) in respect of a licence, the licensee may appeal to the Tribunal.

9

Where the Commission gives a notice imposing a penalty on a licensee under section 121(4) (including that section as applied by section 128) the licensee may appeal to the Tribunal.

F46142Timing

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47143Appeal from Tribunal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I197144Powers of Tribunal

1

On an appeal under section 141 against a decision or action taken by the Commission the Tribunal may—

a

affirm the Commission's decision or action;

b

quash the Commission's decision or action in whole or in part;

c

substitute for all or part of the Commission's decision or action another decision or action of a kind that the Commission could have taken;

d

add to the Commission's decision or action a decision or action of a kind that the Commission could have taken;

e

remit a matter to the Commission (generally, or for determination in accordance with a finding made or direction given by the Tribunal);

f

reinstate a lapsed or revoked licence.

2

In determining an appeal instituted out of time under F48Tribunal Procedure Rules or following a direction under section 145(2) the Tribunal may, in addition to the matters specified in subsection (1) above, make any order that it thinks appropriate.

3

In determining an appeal the Tribunal shall have regard to any relevant provision of a code of practice issued by the Commission under section 24.

4

In determining an appeal the Tribunal may take account of evidence which was not available to the Commission.

5

Section 141 applies to a decision or action of the Commission following remittal under subsection (1)(e) above.

I198145Stay pending appeal

1

A decision or other action under Part 5 or 6 shall have no effect while an appeal under section 141—

a

could be brought (ignoring the possibility of an appeal out of time under F49Tribunal Procedure Rules ), or

b

has been brought and has not yet been either finally determined or abandoned.

2

But when making a decision or taking other action under Part 5 or 6 the Commission may direct that subsection (1) shall not apply.

I199146F50Tribunal Procedure Rules

F511

Tribunal Procedure Rules may make provision—

a

regulating the exercise of a right of appeal under this Act to the Tribunal;

b

for the suspension by the Tribunal of decisions of the Commission (whether or not they have already taken effect).

F522

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

F53In the case of proceedings before the Tribunal under this Act, Tribunal Procedure Rules may provide—

a

that a person commits an offence if without reasonable excuse he fails to comply with a requirement of a specified kind imposed by or in accordance with the rules, and

b

that a person guilty of the offence shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

F54147Fees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I200148Legal assistance

1

The Lord Chancellor may by regulations establish a scheme for the provision of legal assistance to appellants to the Tribunal.

2

Regulations under subsection (1) may, in particular—

a

specify the kinds of assistance that may be provided;

b

specify the classes of person by whom assistance may be provided;

F55c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

enable the Tribunal to determine eligibility for assistance by reference to criteria specified in the regulations;

f

make provision for an appeal against refusal of assistance;

g

enable assistance to be granted subject to conditions or restrictions imposed by the Tribunal (which may, in particular, include conditions requiring—

i

a person receiving assistance to contribute towards its cost;

ii

a person who received assistance to defray all or part of its cost in specified circumstances);

h

enable the Tribunal to vary or revoke a decision that assistance should be provided;

i

include provision for enforcement of a duty of payment arising under the regulations (which may, in particular, confer jurisdiction on a court).

3

Regulations under subsection (1) may, in particular, apply generally or only—

a

in relation to specified kinds of appeal;

b

in specified circumstances.

4

The Lord Chancellor shall defray the costs of assistance provided under the scheme (subject to subsection (2)(g)).

5

Regulations under this section shall have no effect in relation to proceedings heard or to be heard by the Tribunal sitting in Scotland.

F56149Enforcement of costs orders

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 C62 C103Part 8Premises Licences

Annotations:

Amendments (Textual)

F11

Pt. 8 amendment to earlier affecting provision SI 2006/3272 Sch. 4 para. 54-66 (29.4.2007) by Gambling Act 2005 (Commencement and Transitional Provisions) (Amendment) Order 2007 (S.I. 2007/1157), arts. 1(1), 11

Modifications etc. (not altering text)

C62

Pt. 8 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 paras. 54-66 (as amended (16.8.2007) by S.I. 2007/2169, art. 11)

C103

Pt. 8 modified by SI 2006/3272 art. 8(1)(3) (as inserted (16.8.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) (No. 2) Order 2007 (S.I. 2007/2169), arts. 1(1), 5)

The licence

I248150Nature of licence

1

A premises licence is a licence which states that it authorises premises to be used for—

a

the operation of a casino (a “casino premises licence”),

b

the provision of facilities for the playing of bingo (a “bingo premises licence”),

C106c

making Category B gaming machines available for use (an “adult gaming centre premises licence”),

d

making Category C gaming machines available for use (a “family entertainment centre premises licence”), or

e

the provision of facilities for betting, whether by making or accepting bets, by acting as a betting intermediary or by providing other facilities for the making or accepting of bets (a “betting premises licence”).

2

A casino premises licence is—

a

a “regional casino premises licence” if it relates to a regional casino,

b

a “large casino premises licence” if it relates to a large casino, and

c

a “small casino premises licence” if it relates to a small casino.

3

Neither a premises licence nor any provision of this Part disapplies or provides a defence to the offence under section 33.

I249151Form of licence

1

A premises licence must—

a

specify the name of the person to whom it is issued,

b

specify a home or business address of that person,

c

specify the premises to which it relates,

d

specify the activities for which it authorises the premises to be used,

e

specify any condition attached by the licensing authority under section 169(1)(a),

f

specify any exclusion of a default condition effected by the licensing authority under section 169(1)(b),

g

include a plan of the premises, and

h

if a period is prescribed under section 191 at the end of which the licence will expire (unless renewed or terminated earlier), specify the period.

2

The Secretary of State may make regulations about—

a

the form of a premises licence, and

b

the content of a premises licence (which may, in particular, require the inclusion of information about mandatory conditions, default conditions or conditions attached to the licence by virtue of a provision of this Part).

3

In relation to a premises licence issued in Scotland, subsection (2) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.

the application for the subsidiary licence must be accompanied by an application under section 187 to vary the main licence so that it does not have effect in relation to the area to which the subsidiary licence is to relate, and

b

the application for the subsidiary licence may be granted only after, or together with, the grant of the application for variation.

Licensing authorities' functions

I251153Principles to be applied

1

In exercising their functions under this Part a licensing authority shall aim to permit the use of premises for gambling in so far as the authority think it—

a

in accordance with any relevant code of practice under section 24,

b

in accordance with any relevant guidance issued by the Commission under section 25,

c

reasonably consistent with the licensing objectives (subject to paragraphs (a) and (b)), and

d

in accordance with the statement published by the authority under section 349 (subject to paragraphs (a) to (c)).

2

In determining whether to grant a premises licence a licensing authority may not have regard to the expected demand for the facilities which it is proposed to provide.

3

This section is subject to section 166.

differently in relation to functions under that Act and functions under this Part.

differently in relation to functions under that Act and functions under this Part.

requiring the Commission to grant access to the register to members of the public (without charge),

d

requiring the Commission to make copies of entries available on request, and on payment of a reasonable fee, to members of the public, and

e

excusing licensing authorities, wholly or partly, from compliance with subsection (1).

Other relevant persons

b

in relation to applications to authorities in Scotland, prescribed by regulations made by the Scottish Ministers.

I357 I259 I577 I846160Notice of application

1

The Secretary of State may make regulations requiring an applicant for a premises licence—

a

to publish notice of his application;

b

to give notice of his application to the responsible authorities in relation to the premises;

c

to give notice of his application to other persons.

2

Regulations under subsection (1) shall include provision—

a

about the manner and form in which notice is to be published or given,

b

about the period of time within which notice is to be published or given, and

c

for the consequences of failure to comply with the regulations.

3

In so far as this section has effect in relation to applications to authorities in Scotland, the reference to the Secretary of State shall have effect as a reference to the Scottish Ministers.

I260 I358 I578 I847161Representations

iii

any person who made representations about the application under section 161,

iv

in England and Wales, the chief officer of police for any area in which the premises are wholly or partly situated,

v

in Scotland, the chief constable of the police force maintained for a police area in which the premises are wholly or partly situated, and

vi

Her Majesty's Commissioners of Customs and Excise,

b

issue a premises licence to the applicant, and

c

give the applicant a summary of the terms and conditions of the licence in the prescribed form.

2

A notice under subsection (1)(a)—

a

must be in the prescribed form,

b

if the licensing authority have attached a condition to the licence under section 169(1)(a) or excluded under section 169(1)(b) a condition that would otherwise have attached by virtue of section 168, must give the authority's reasons, and

c

if representations were made about the application under section 161, must give the authority's response to the representations.

3

In this section “prescribed” means—

a

in relation to authorities in England and Wales, prescribed by regulations made by the Secretary of State, and

b

in relation to authorities in Scotland, prescribed by regulations made by the Scottish Ministers.

1

The Secretary of State may by regulations prescribe for a specified condition to be attached to any premises licence unless excluded by the authority who issue the licence.

2

Regulations under this section may, in particular—

a

make provision which applies generally, only to premises licences in a specified class or only in specified circumstances;

b

make different provision for different classes of licence or for different circumstances.

3

In relation to a premises licence issued by an authority in Scotland subsection (1) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.

I267169Conditions imposed or excluded by licensing authority

1

Where a licensing authority issue a premises licence they may—

a

attach a condition to the licence;

b

exclude a condition that would otherwise be attached to the licence by virtue of section 168.

2

A condition attached to the licence under subsection (1)(a) may, in particular, address a matter addressed by a condition excluded under subsection (1)(b).

3

A condition attached to the licence under subsection (1)(a) may apply in relation to the premises generally or only in relation to a specified part of the premises.

4

A licensing authority may not attach a condition to a premises licence which prevents compliance with a condition of the operating licence which authorises the holder to carry out the activity in respect of which the premises licence is granted.

I268170Membership

A premises licence may not be subject to a condition (whether imposed by virtue of section 167, 168 or 169)—

a

requiring all or part of the premises, or any activity taking place on the premises, to be operated or carried on as a club or other body with membership, or

b

restricting use of any part of the premises wholly or partly by reference to membership of a club or other body.

the category of machines authorised by a specified kind of premises licence.

I584173Virtual gaming

1

The kinds of premises licence specified in subsection (2) shall by virtue of this section authorise the holder to make facilities available for betting on the outcome of a virtual game, race, competition or other event or process.

2

Those kinds of licence are—

a

a casino premises licence, and

b

a betting premises licence.

Regulations under section 167 or 168 may, in particular, make provision in relation to casino premises licences, or in relation to a class of casino premises licence, for a condition requiring the provision of recreational or other facilities of a specified kind.

I5858

Subsection (7) is without prejudice to the generality of sections 167, 168 and 169.

I363175Casino premises licence: overall limits

1

No more than one casino premises licence may have effect at any time in respect of regional casinos.

I8522

No more than eight casino premises licences may have effect at any time in respect of large casinos.

I8523

No more than eight casino premises licences may have effect at any time in respect of small casinos.

I8524

The Secretary of State shall, having consulted the Scottish Ministers and the National Assembly for Wales, by order make provision for determining the geographical distribution of casino premises licences within the limits specified in subsections (1) to (3); for which purpose the order shall—

a

specify which licensing authorities may issue casino premises licences of a specified kind, and

b

in respect of each specified authority, specify the number of casino premises licences of each kind issued by the authority that may have effect at any time.

I8525

An application for a casino premises licence may not be made to a licensing authority if subsections (1) to (3) and the order under subsection (4) would prevent the authority from granting the application.

I8526

An application for a provisional statement may not be made to a licensing authority if it relates to a casino and is made at a time when subsections (1) to (3) and the order under subsection (4) would prevent the authority from granting a casino premises licence in response to an application made in reliance on the provisional statement.

I8527

Schedule 9 (which makes provision about the treatment of applications for casino premises licences and provisional statements) shall have effect.

I8528

The Secretary of State may by order—

a

amend any of subsections (1), (2) and (3) so as to substitute a new maximum number of casino premises licences;

b

repeal any of subsections (1), (2) and (3).

176Casino premises licence: access by children

I2711

The Commission shall issue one or more codes of practice under section 24 about access to casino premises for children and young persons.

I2712

The code or codes issued in accordance with subsection (1) shall, in particular—

a

require the holder of a casino premises licence to take specified steps to ensure that no child or young person enters premises or a part of premises which it would be an offence under section 47 to permit him to enter (“prohibited premises or areas”),

b

for that purpose, require the holder of a casino premises licence to ensure—

i

that each entrance to prohibited premises or to a prohibited area is supervised by one or more persons whose responsibilities include ensuring compliance with the code of practice (“the supervisor”), and

ii

that arrangements are made to require evidence of age to be produced by any person seeking admission to prohibited premises or to a prohibited area unless the supervisor, reasonably, is certain that the person seeking admission is an adult, and

c

make provision about the nature of evidence that may be used for the purpose of arrangements made in accordance with paragraph (b)(ii).

I5863

A casino premises licence shall by virtue of this section be subject to the condition that the licensee ensures compliance with any relevant code of practice issued in accordance with subsection (1).

I587177Credit

1

This section applies to—

a

casino premises licences, and

b

bingo premises licences.

2

A premises licence to which this section applies shall by virtue of this section be subject to the condition that the licensee does not—

a

give credit in connection with gambling authorised by the licence, or

b

participate in, arrange, permit or knowingly facilitate the giving of credit in connection with gambling authorised by the licence.

a

add an exception to subsection (1),

b

amend an exception to subsection (1), or

c

remove an exception to subsection (1).

I590180Pool betting on dog races

1

A betting premises licence in respect of premises other than a dog track shall by virtue of this section be subject to the condition that pool bets may not be accepted in reliance on the licence in respect of dog-racing other than in accordance with arrangements made with the occupier of the dog track on which the racing takes place.

2

The Secretary of State may by order repeal this section.

3

A repeal by order under subsection (2) shall cause the condition attached by subsection (1) to premises licences in force on the date of the repeal to lapse in respect of anything done on or after the date of the repeal.

4

This section shall cease to have effect at the end of 31st December 2012 (and the condition attached by subsection (1) to premises licences in force on that date shall lapse in respect of anything done after that date).

I272181Betting machines

1

A condition of a betting premises licence may relate to—

a

the number of machines used on the premises for the purpose of making or accepting bets;

b

the nature of those machines;

c

the circumstances in which those machines are made available for use.

2

A condition of a casino premises licence may relate to—

a

the number of machines used on the premises for the purpose of making or accepting bets;

b

the nature of those machines;

c

the circumstances in which those machines are made available for use.

3

In this section “condition” means a condition imposed by virtue of section section 167, 168 or 169.

182Exclusion of children from track areas

The holder of a premises licence shall—

a

keep the licence on the premises, and

b

arrange for the licence to be made available on request to—

i

a constable,

ii

an enforcement officer, or

iii

an authorised local authority officer.

2

A person commits an offence if he fails without reasonable excuse to comply with subsection (1).

3

A person guilty of an offence under subsection (2) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

in relation to notification given to authorities in England and Wales, prescribed by regulations made by the Secretary of State, and

b

in relation to notifications given to authorities in Scotland, prescribed by regulations made by the Scottish Ministers.

ending with the determination of the application by the licensing authority.

in relation to applications to authorities in Scotland, prescribed by regulations made by the Scottish Ministers.

Duration

I594191Initial duration

1

The Secretary of State may by regulations prescribe a period at the end of which premises licences expire (unless they cease to have effect earlier in accordance with a provision of this Part).

2

Regulations under this section may make provision about renewal (and may, in particular, apply or make provision similar to any provision of this Part about an application for a premises licence).

3

Regulations under this section may make provision which applies to licences issued before the regulations are made.

4

If the Secretary of State does not prescribe a period under this section in respect of a premises licence, it shall continue to have effect unless and until it ceases to have effect in accordance with a provision of this Part.

I279192Surrender

1

A premises licence shall cease to have effect if the licensee—

a

notifies the licensing authority of his intention to surrender the licence, and

b

gives the licensing authority either—

i

the licence, or

ii

a written statement explaining why it is not reasonably practicable to produce the licence.

2

As soon as is reasonably practicable after receipt of notification under subsection (1)(a) the licensing authority shall notify—

a

the Commission,

b

either—

i

in England and Wales, the chief officer of police for any area in which the premises are wholly or partly situated, or

ii

in Scotland, the chief constable of the police force maintained for a police area in which the premises are wholly or partly situated, and

c

Her Majesty's Commissioners of Customs and Excise.

I595193Revocation for failure to pay fee

1

Where the holder of a premises licence fails to pay the annual fee in accordance with regulations under section 184 the licensing authority shall revoke the licence.

2

But the licensing authority may disapply subsection (1) if they think that a failure to pay is attributable to administrative error.

in England and Wales, the chief officer of police for any area in which the premises are wholly or partly situated, or

ii

in Scotland, the chief constable of the police force maintained for a police area in which the premises are wholly or partly situated, and

c

Her Majesty's Commissioners of Customs and Excise.

I281195Reinstatement

1

This section applies where a premises licence lapses under section 194.

2

During the period of six months beginning with the date of the lapse of the premises licence a person may apply to the licensing authority for the licence to be reinstated with the applicant as the licensee.

3

The provisions of this Part shall apply in relation to an application for reinstatement as they apply in relation to an application for a premises licence—

a

subject to the provisions of this section and section 196, and

b

with any other necessary modifications.

4

An application for reinstatement must (in addition to anything required by section 159) request that the reinstatement take effect upon the application being granted.

5

A licensing authority shall grant an application for reinstatement unless they think it would be wrong to do so having regard to representations made under section 161 (as applied by subsection (3) above).

6

On the grant of an application for the reinstatement of a premises licence the licensing authority—

a

shall alter the licence so that the applicant for reinstatement becomes the licensee,

b

shall specify in the licence that the reinstatement takes effect at the time when the application is granted, and

c

shall make such other alteration of the licence as appears to them to be required (which may, in particular, include an alteration to reflect a decision of the authority under section 169 as applied by subsection (3) above to make new or varied provision for the attachment or exclusion of conditions).

I282196Reinstatement: supplemental

I597198Rejection of application

1

A licensing authority may reject an application under section 197 for the review of a premises licence if they think that the grounds on which the review is sought—

a

do not raise an issue relevant to the principles to be applied in accordance with section 153,

b

are frivolous,

c

are vexatious,

d

will certainly not cause the authority to wish to take action of a kind specified in section 202(1),

e

are substantially the same as the grounds specified in an earlier application under section 197 in respect of the premises licence, or

f

are substantially the same as representations made under section 161 in relation to the application for the premises licence.

2

In determining whether to exercise the power to reject an application under section 197 in accordance with subsection (1)(e) or (f), a licensing authority shall consider the length of time that has elapsed since the making of the earlier application or since the making of the representations under section 161.

3

If a licensing authority consider that paragraphs (a) to (f) apply to some but not all of the grounds on which a review is sought, they may reject the application in so far as it relies on grounds to which those paragraphs apply.

4

In this section a reference to section 161 includes a reference to that section as applied by section 187(3).

I598199Grant of application

1

This section applies where an application for review has been made to a licensing authority under section 197.

2

If, or in so far as, the licensing authority do not reject the application under section 198 they shall grant it.

I601202Action following review

1

As a result of a review of a premises licence under section 201 a licensing authority may—

a

revoke the licence;

b

suspend the licence for a specified period not exceeding three months;

c

exclude a condition attached to the licence under section 168 or remove or amend an exclusion;

d

add, remove or amend a condition under section 169.

2

If the licensing authority decide to take action of a kind specified in subsection (1) they shall specify the time at which the action shall take effect.

3

A licensing authority may, in particular, take action under subsection (1) on the grounds that the licensee has not used the licence.

I602203Determination

3

An application for a provisional statement shall include such plans and other information in relation to the construction, alteration or acquisition as may be prescribed.

4

Sections 152(1)(b) and 159(3) and (5) shall not apply in relation to an application for a provisional statement.

I284205Effect

the reference in subsection (3) to costs shall have effect as a reference to expenses.

I287208Stay pending appeal

1

A determination or other action under this Part shall have no effect while an appeal under section 206—

a

could be brought, or

b

has been brought and has not yet been either finally determined or abandoned.

2

But a licensing authority making a determination or taking other action under this Part may direct that subsection (1) shall not apply (in which case the magistrates' court or sheriff determining an appeal may make any order that it or he thinks appropriate).

I288209Further appeal

A party to an appeal under section 206 may appeal on a point of law—

a

in relation to premises in England and Wales, to the High Court, or

b

in relation to premises in Scotland, to the Court of Session.

General

I289210Planning permission

1

In making a decision in respect of an application under this Part a licensing authority shall not have regard to whether or not a proposal by the applicant is likely to be permitted in accordance with the law relating to planning or building.

2

A decision by a licensing authority under this Part shall not constrain any later decision by the authority under the law relating to planning or building.

the British Waterways Board, and

d

the Secretary of State.

prescribe activities which may be specified in a notice under subsection (1)(b);

b

prescribe combinations of activity that may not be specified in a notice under subsection (1)(b);

c

prescribe activities which may be specified under subsection (1)(b) only if no other prescribed activity is specified in the notice.

3

A temporary use notice given by a person may specify an activity under subsection (1)(b) only if the person's operating licence authorises him to carry on the activity.

I825216Form of notice

1

A temporary use notice must—

a

be in the prescribed form,

b

specify the activity to be carried on in reliance on the notice,

c

specify the premises on which the activity is to be carried on,

d

specify the period of time during which the notice is to have effect,

e

specify the times of day during that period at which the activity is to be carried on,

f

specify any periods during the previous 12 months during which a temporary use notice has had effect in respect of the premises or any part of the premises,

g

specify the date on which the notice is given, and

h

contain any other prescribed information.

2

In this section “prescribed” means prescribed by regulations made by the Secretary of State.

3

In subsection (1)(f) “the previous 12 months” means the period of 12 months ending with the last day of the period specified under subsection (1)(d).

I826217Effect of notice

A temporary use notice shall, subject to the provisions of this Part and provided that the requirements of this Part are complied with, have effect during the period specified in the notice in accordance with section 216(1)(d).

I827218Maximum permitted period

This section applies where a person receives a temporary use notice, or a copy of a temporary use notice, in accordance with section 219.

2

If the person thinks that having regard to the licensing objectives the temporary premises notice should not have effect, or should have effect only with modification, he may give a notice of objection to the person who gave the temporary use notice.

3

A person who gives a notice of objection under subsection (2) must give a copy of the notice to the licensing authority to which the temporary use notice was given (unless it is that licensing authority which give the notice of objection).

4

A notice of objection and any copy required by subsection (3) must be given within the period of 14 days beginning with the date on which the temporary use notice is given as specified under section 216(1)(g).

5

A notice of objection must state—

a

that the person giving the notice objects to the temporary use notice, and

b

the person's reasons.

6

If the person who gives a notice of objection later withdraws it by notice in writing to the persons mentioned in subsections (2) and (3), the notice of objection shall be disregarded.

I831222Hearing of objections

1

This section applies where—

a

a temporary use notice is given to a licensing authority in accordance with section 219, and

b

a notice of objection is given in accordance with section 221.

2

The licensing authority shall hold a hearing at which any of the following may make representations about the notice of objection—

a

the person who gave the temporary use notice,

b

the person who gave the notice of objection, and

c

any other person who was entitled to receive a copy of the temporary use notice in accordance with section 219.

3

But the licensing authority need not arrange a hearing if the authority and each person who would be entitled to make representations agree in writing that a hearing is unnecessary.

subsection (2), and

b

subsection (3)(b).

I833224Counter-notice

1

This section applies where—

a

a person has given a temporary use notice to a licensing authority in accordance with section 219,

b

a notice of objection has been given in accordance with section 221, and

c

a hearing—

i

has taken place in accordance with section 222(2), or

ii

has been dispensed with in accordance with section 222(3).

2

If the licensing authority think that the temporary use notice should not have effect or should have effect only with modification, the authority may give a counter-notice under this subsection to the person who gave the temporary use notice.

3

A counter-notice may provide for the temporary use notice—

a

not to have effect;

b

to have effect only in respect of a specified activity;

c

to have effect only in respect of activity carried on during a specified period of time or at specified times of day;

d

to have effect subject to compliance with a specified condition;

and provision made under this subsection shall have effect.

4

A counter-notice must—

a

be in the prescribed form,

b

contain the prescribed information, and

c

be given as soon as is reasonably practicable.

5

A counter-notice must state the licensing authority's reasons for giving it.

6

Where a licensing authority give a counter-notice they shall as soon as is reasonably practicable give a copy to any person who was entitled to receive a copy of the temporary use notice.

7

Section 153(1) shall apply to the exercise of a licensing authority's functions under this section as it applies to the exercise of a licensing authority's functions under Part 8.

8

In this section “prescribed” means prescribed by regulations made by the Secretary of State.

I834225Dismissal of objection

1

This section applies where—

a

a person has given a temporary use notice to a licensing authority in accordance with section 219,

b

a notice of objection has been given in accordance with section 221, and

c

the licensing authority has determined not to give a counter-notice.

2

The licensing authority shall as soon as is reasonably practicable give notice of their determination to—

a

the person who gave the temporary use notice, and

b

each person who received a copy of the temporary use notice in accordance with section 219.

the reference in subsection (8) to the High Court shall have effect as a reference to the Court of Session.

the arrangements may include the charging of such fee as the Secretary of State may prescribe by regulations, and

b

section 212 shall have effect in relation to fees under paragraph (a) above as it has effect in relation to fees under Part 8.

no further proceedings shall take place in respect of the notice (except in respect of a matter arising during or in relation to a time at which the notice had effect).

I840231Vehicles and vessels

1

A temporary use notice—

a

may not be given in respect of a vehicle (or part of a vehicle),

b

may be given in respect of all or part of a passenger vessel,

c

may be given in respect of all or part of a vessel (within the meaning of section 353(1)) situated at a fixed place in or on water, and

d

may not be given in respect of all or part of a vessel to which neither of paragraphs (b) and (c) applies.

2

In relation to a vessel, a reference in this Part to a place in which premises are wholly or partly situated shall be construed—

a

in the case of a vessel (within the meaning of section 353(1)) situated at a fixed place in or on water, as a reference to that place,

b

in the case of a vessel which is permanently moored at a place, as a reference to that place,

c

in the case of a vessel which is habitually moored at one place more frequently or for longer periods than at any other place, as a reference to that place, and

d

3

In relation to a vessel, the following are responsible authorities for the purposes of this Part (in addition to the persons listed in section 157)—

a

a navigation authority, within the meaning of section 221(1) of the Water Resources Act 1991 (c. 57), which has functions in relation to any place at which a vessel is moored or is likely to be moored, or to the place in the United Kingdom nearest to any place at which a vessel is or is likely to be, while activities are carried on in the vessel in reliance on a temporary use notice,

b

the Environment Agency,

c

the British Waterways Board, and

d

the Secretary of State.

I841232Delegation of licensing authority functions: England and Wales

1

2

c

the clerk of the authority, or

d

any member of staff provided under paragraph 8(1)(b) of schedule 1 to the Licensing (Scotland) Act 2005 (asp 16).

2

A licensing authority are not to make any arrangements under subsection (1) for the discharge by the clerk of the authority or any F31member of staff provided under paragraph 8(1)(b) of schedule 1 to the Licensing (Scotland) Act 2005 of any of the authority's functions under section 224.

3

The procedures applicable to the proceedings of licensing boards in the exercise of their functions under the Licensing (Scotland) Act F322005 apply to the proceedings of those boards in the exercise of their functions under this Part; and for that purpose regulations made by the Scottish Ministers may, in particular, make provision which applies—

a

only in relation to functions under that Act,

b

only in relation to functions under this Part,

c

differently in relation to functions under that Act and functions under this Part.

requiring the Commission to grant access to the register to members of the public (without charge),

d

requiring the Commission to make copies of entries available on request, and on payment of a reasonable fee, to members of the public, and

e

excusing licensing authorities, wholly or partly, from compliance with subsection (1).

Part 10Gaming Machines

e

any other matter.

I2015

The Secretary of State may make regulations providing for circumstances in which a single piece of apparatus is to be treated as more than one gaming machine for the purpose of provision made by or by virtue of this Act; and the regulations may, in particular, make provision by reference to the number of persons able to operate the apparatus at the same time.

I294 I605236Gaming machines: Categories A to D

1

The Secretary of State shall make regulations defining four classes of gaming machine for the purposes of this Act (to be known as Categories A, B, C, and D).

2

Regulations under subsection (1) shall—

a

divide Category B into sub-categories, and

b

make provision for determining to which sub-category (or sub-categories) of Category B a reference in this Act to Category B shall be treated as referring.

3

Regulations under subsection (1) shall operate by reference to the nature of the facilities for gambling provided by the machine.

4

Regulations under subsection (1) may, in particular, make provision by reference to—

a

amounts paid in respect of the use of a machine;

b

the value of prizes;

c

the nature of prizes;

d

the nature of the gambling for which the machine can be used;

e

the premises where a machine is used.

5

Regulations under subsection (1) may identify matters (whether or not addressed by other provisions of the regulations) as to which a condition may not be attached to an operating licence or to a premises licence.

6

In accordance with regulations under subsection (1) a machine may change category as a result of a change of the mechanism, or the loading or removal of software, which alters the nature of the facilities for gambling provided by the machine.

I202237Adult gaming centre

In this Act “adult gaming centre” means premises in respect of which an adult gaming centre premises licence has effect.

I203238Family entertainment centre

In this Act—

“family entertainment centre” means premises (other than an adult gaming centre) wholly or mainly used for making gaming machines available for use, and
“licensed family entertainment centre” means premises in respect of which a family entertainment centre premises licence has effect.

I204239Prize

In this Act “prize” in relation to a gaming machine—

a

includes any money, article, right or service won, whether or not described as a prize, but

b

does not include an opportunity to play the machine again.

Regulations

I205240Use of machine

1

The Secretary of State may make regulations controlling the circumstances in which a gaming machine is made available for use.

2

Regulations under subsection (1) may, in particular, make provision by reference to—

a

the method by which stakes may be deposited or payments made for the use of a machine;

b

the nature of, or arrangements in respect of receiving or claiming, prizes;

c

rollover of stakes or prizes;

d

the proportion of amounts staked or paid that is returned by way of prizes;

e

the display of information;

f

any other matter relating to the manner in which a machine operates.

3 I206241Supply, &c.

1

The Secretary of State may make regulations about the supply, installation, adaptation, maintenance or repair of a gaming machine or part of a gaming machine.

2 Offences

I606242Making machine available for use

1

A person commits an offence if he makes a gaming machine available for use by another unless—

a

he makes the machine available for use in accordance with an operating licence, or

b

an exception in section 247, 248, 249, 271, 273, 282, 283 or 287 applies.

2

A person commits an offence if he makes a gaming machine available for use in contravention of regulations under section 240.

incidental to the sale or letting of property on which the machine has previously been used in reliance on a provision of this Act.

1

A person guilty of an offence under this Part shall be liable on summary conviction to—

a

imprisonment for a term not exceeding 51 weeks,

b

a fine not exceeding level 5 on the standard scale, or

c

both.

2

In the application of subsection (1) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

the reference to paying includes a reference to—

i

paying money by way of an entrance charge,

ii

using a coin to activate a gaming machine where the coin will not or may not be returned,

iii

transferring money's worth, and

iv

paying for goods or services at a price or rate which reflects the opportunity to use a gaming machine, and

b

it is immaterial—

i

to whom payment is made, and

ii

who receives benefit from the payment.

arranges for the distribution or publication of promotional material,

d

possesses promotional material with a view to its distribution or publication,

e

makes other arrangements to advertise a lottery,

f

invites a person to participate in a lottery,

g

sells or supplies a lottery ticket,

h

offers to sell or supply a lottery ticket,

i

possesses a lottery ticket with a view to its sale or supply,

j

does or offers to do anything by virtue of which a person becomes a member of a class among whom prizes in a lottery are to be allocated, or

k

uses premises for the purpose of allocating prizes or for any other purpose connected with the administration of a lottery.

3

In subsection (2) “promotional material” means a document which—

a

advertises a specified lottery,

b

invites participation in a specified lottery,

c

contains information about how to participate in a specified lottery, or

d

lists winners in a specified lottery.

4

Where arrangements for a lottery are made by an external lottery manager on behalf of a society or authority, for the purposes of this Act both the external lottery manager and the society or authority promote the lottery.

I210253Lottery ticket

1

For the purposes of this Act a document or article is a lottery ticket if it confers, or can be used to prove, membership of a class for the purpose of the allocation of prizes in a lottery.

2

A reference in this Act to the sale or supply of a lottery ticket by a person includes a reference to a person doing anything as a result of which another person becomes a member of the class among whom prizes in a lottery are to be allocated.

3

A reference in this Act to purchase of a lottery ticket includes a reference to any action by a person as a result of which he becomes a member of the class among whom prizes in a lottery are to be allocated.

I211254Proceeds and profits

1

In this Act a reference to the proceeds of a lottery is a reference to the aggregate of amounts paid in respect of the purchase of lottery tickets.

2

In this Act a reference to the profits of a lottery is a reference to—

a

the proceeds of the lottery, minus

b

amounts deducted by the promoters of the lottery in respect of—

i

the provision of prizes,

ii

sums to be made available for allocation in another lottery in accordance with a rollover, or

iii

other costs reasonably incurred in organising the lottery.

I212255Draw

In this Act “draw”, in relation to a lottery, includes any process by which a prize in the lottery is allocated.

I213256Rollover

lists winners in a specified lottery.

I617260Misusing profits of lottery

1

This section applies to a lottery in respect of which the promoter has stated (in whatever terms) a fund-raising purpose for the promotion of the lottery.

2

A person commits an offence if he uses any part of the profits of a lottery to which this section applies for a purpose other than that stated.

3

The reference in subsection (2) to using profits includes a reference to permitting profits to be used.

4

In subsection (1) the reference to a statement of a purpose for the promotion of a lottery is a reference to a statement appearing—

a

on lottery tickets, or

b

in an advertisement for the lottery.

5

In subsection (4)(b) “advertisement” in relation to a lottery includes any written notice announcing that a lottery will take place or inviting people to participate in a lottery (in either case whether or not it also gives other information).

I618261Misusing profits of exempt lottery

1

This section applies to the following kinds of lottery—

a

an incidental non-commercial lottery (within the meaning of Part 1 of Schedule 11),

b

a private society lottery (within the meaning of Part 2 of that Schedule), and

c

a small society lottery (within the meaning of Part 4 of that Schedule).

2

A person commits an offence if he uses any part of the profits of a lottery to which this section applies for a purpose other than one for which the lottery is permitted to be promoted in accordance with Schedule 11.

But this Part does not apply in relation to a lottery if—

a

no person in Great Britain does anything by virtue of which he becomes a participant in the lottery, and

b

no person in Great Britain possesses tickets for the lottery with a view to selling or supplying them to a person in Great Britain who thereby becomes a participant in the lottery.

3

It is a defence for a person charged with an offence under section 258 or 259 to show that he reasonably believed that this Part did not and would not apply to the lottery, by reason of subsection (2) above.

Part 12Clubs, pubs, fairs, &c.

Clubs

I365 I435266Members' club

1

In this Act members' club means a club—

a

which is established and conducted wholly or mainly for purposes other than the provision of facilities for gaming (subject to subsection (2)),

b

which is established and conducted for the benefit of its members (and which is not otherwise established or conducted as a commercial enterprise),

c

which is not established with the purpose of functioning only for a limited period of time, and

d

which has at least 25 individual members.

2

A club is a members' club for the purposes of this Act despite subsection (1)(a) if—

a

it is established or conducted wholly or mainly for the purpose of the provision of facilities for gaming of a prescribed kind, and

b

facilities are not provided for any other kind of gaming in the course of the club's activities.

I366 I436267Commercial club

1

In this Act commercial club means a club—

a

which is established and conducted wholly or mainly for purposes other than the provision of facilities for gaming (subject to subsection (2)),

b

which is not established with the purpose of functioning only for a limited period of time, and

c

which has at least 25 individual members.

2

A club is a commercial club for the purposes of this Act despite subsection (1)(a) if—

a

it is established or conducted wholly or mainly for the purpose of the provision of facilities for gaming of a prescribed kind, and

b

facilities are not provided for any other kind of gaming in the course of the club's activities.

I367 I437268Miners' welfare institute

1

In this Act miners' welfare institute means an association—

a

which is established and conducted for social and recreational purposes, and

b

which satisfies subsection (2) or (4).

2

An association satisfies this subsection if its affairs are managed by a group of individuals of whom at least two thirds are miners' representatives.

3

In subsection (2) “miners' representative” means a person who—

a

is nominated or appointed by a person who employs or has employed individuals in the course of a coal mining business,

b

is nominated or appointed by the charitable trust known as the Coal Industry Social Welfare Organisation,

c

is nominated or appointed by an organisation representing persons who are or were employed in connection with coal mining, or

d

is or was employed in connection with coal mining;

and the group mentioned in subsection (2) must contain both one or more persons of a kind specified in paragraph (a) or (b) and one or more persons of a kind specified in paragraph (c) or (d).

4

An association satisfies this subsection if—

a

it operates on premises the use of which is regulated in accordance with a charitable trust, and

b

the trust has received money from—

i

the Miners' Welfare Fund established by section 20 of the Mining Industry Act 1920 (c. 50),

ii

the former body corporate which was known as the Coal Industry Social Welfare Organisation and incorporated under the Companies Act 1948 (c. 38), or

iii

the charitable trust known as the Coal Industry Social Welfare Organisation.

is a guest of a member of the club or institute who would be entitled to participate by virtue of paragraph (a).

For the purposes of section 269(5) two games are linked if—

a

the result of one game is or may be wholly or partly determined by reference to the result of the other game, or

b

the amount of winnings available in one game is or may be wholly or partly determined by reference to the amount of participation in the other game;

and if a single game is played partly on one set of premises and partly on another it shall be treated as two linked games.

6

For the purposes of section 269(6) a person shall not be treated as the guest of a member if the member extends an invitation—

a

having had no previous acquaintance with the person, and

b

for the purpose only of enabling the person to take advantage of facilities for gaming provided by or for the club or institute.

having had no previous acquaintance with the person, and

b

for the purpose only of enabling the person to take advantage of facilities for gaming.

I370 I440274Procedure, &c.

I6281

Schedule 12 makes further provision about club gaming permits and club machine permits.

C87 C98 I6292

Subsection (1) does not apply in relation to Scotland if the applicant for or holder of the permit in question is the holder of F33... a relevant Scottish licence or if he falls within such other description as may be specified in regulations under section 285(1).

I630275Bingo

1

The disapplication of section 33 by section 269 or 271 shall not apply to high turnover bingo played during a high turnover period.

2

Bingo played in the course of the activities of a club or institute in any period of seven days is high turnover bingo if—

a

the aggregate of stakes at bingo played during the period in the course of the activities of the club or institute exceeds £2,000, or

b

the aggregate of prizes at bingo played during the period in the course of the activities of the club or institute exceeds £2,000.

3

A high turnover period begins in relation to a club or institute at the end of a period of seven days during which—

a

the aggregate of stakes at bingo played in the course of the activities of the club or institute exceeds £2,000, or

b

the aggregate of prizes at bingo played in the course of the activities of the club or institute exceeds £2,000.

4

A high turnover period expires at the end of the year beginning with the first day of the period of seven days which caused the high turnover period to begin.

5

A period of seven days any of which is in a high turnover period does not cause a new high turnover period to begin.

6

A club or institute in relation to which a high turnover period begins shall, unless the club or institute holds a bingo operating licence, inform the Commission as soon as is reasonably practicable.

7

A club or institute commits an offence if it fails without reasonable excuse to comply with subsection (6).

8

A club or institute guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

9

The Secretary of State may by order vary a monetary amount specified in this section.

I371 I441276Interpretation

In sections 266 to 275—

“prescribed” means prescribed by regulations, and
“regulations” means regulations made by the Secretary of State.

Pubs, &c.

I372 I442277Alcohol licence

In this Act—

a

“alcohol licence” means a premises licence under Part 3 of the Licensing Act 2003 (c. 17),

b

“on-premises alcohol licence” means a premises licence under that Part which authorises the supply of alcohol for consumption on the licensed premises, and

F34c

“relevant Scottish licence” means a premises licence issued under the Licensing (Scotland) Act 2005, except where such a licence only applies to the sale of alcohol for consumption off the premises.

I373 I443278Application of sections 279 to 284

1

Sections 279 to 284 apply to premises (other than a vehicle)—

a

in respect of which an on-premises alcohol licence or relevant Scottish licence has effect,

b

which contain a bar at which alcohol is served for consumption on the premises (without a requirement that alcohol is served only with food), and

c

at a time when alcohol may be supplied in reliance on the alcohol licence or sold for consumption on the premises in reliance on the relevant Scottish licence.

2

In those sections a reference to a licensing authority includes a reference to the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple.

I631279Exempt gaming

1

Sections 33 and 37 shall not apply to the provision of facilities for equal chance gaming which—

a

takes place on premises to which this section applies, and

b

satisfies the conditions of this section.

2

The first condition of gaming for the purposes of subsection (1) is that the arrangements for the gaming satisfy the prescribed requirements in relation to—

a

limiting amounts that may be staked, or

b

limiting the amount or value of a prize.

3

The second condition of gaming for the purposes of subsection (1) is that no amount is deducted or levied from sums staked or won.

4

The third condition of gaming for the purposes of subsection (1) is that no participation fee is charged.

5

The fourth condition of gaming for the purposes of subsection (1) is that a game played on one set of premises is not linked with a game played on another set of premises.

6

The fifth condition of gaming for the purposes of subsection (1) is that children and young persons are excluded from participation.

I632280Section 279: supplementary

1

In section 279(2) “prescribed” means prescribed by regulations made by the Secretary of State; and regulations may, in particular, make different provision for different classes or descriptions of game.

2

For the purposes of section 279(5) two games are linked if—

a

the result of one game is or may be wholly or partly determined by reference to the result of the other game, or

b

the amount or value of a prize available in one game is or may be wholly or partly determined by reference to the extent of participation in the other game;

and if a single game is played partly on one set of premises and partly on another it shall be treated as two linked games.

I633281Bingo

1

The disapplication of section 33 by section 279 shall not apply to high turnover bingo played during a high turnover period.

2

Bingo played on premises in any period of seven days is high turnover bingo if—

a

the aggregate of stakes at bingo played on the premises during the period exceeds £2,000, or

b

the aggregate of prizes at bingo played on the premises during the period exceeds £2,000.

3

A high turnover period begins in relation to premises at the end of a period of seven days during which—

a

the aggregate of stakes at bingo played on the premises exceeds £2,000, or

b

the aggregate of prizes at bingo played on the premises exceeds £2,000.

4

A high turnover period expires at the end of the year beginning with the first day of the period of seven days which caused the high turnover period to begin.

5

A period of seven days any of which is in a high turnover period does not cause a new high turnover period to begin.

6

The holder of an on-premises alcohol licence or relevant Scottish licence for premises in relation to which a high turnover period begins shall, unless he holds a bingo operating licence, inform the Commission as soon as is reasonably practicable.

7

A person commits an offence if he fails without reasonable excuse to comply with subsection (6).

8

A person guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

9

The Secretary of State may by order vary a monetary amount specified in this section.

282Gaming machines: automatic entitlement

I6351

Sections 37 and 242 shall not apply to making one or two gaming machines, each of which is of Category C or D, available for use on premises to which this section applies, provided that the conditions in subsections (2) and (3) are satisfied.

I444 I6342

The first condition is that the person who holds the on-premises alcohol licence or the relevant Scottish licence sends the licensing authority—

a

written notice of his intention to make gaming machines available for use in reliance on subsection (1), and

b

the prescribed fee.

I6353

The second condition is that any relevant provision of a code of practice under section 24 about the location and operation of a gaming machine is complied with.

I6354

Subsection (1) does not disapply section 37 or 242 in respect of premises at a time when gaming machines are made available for use on those premises in reliance on a club gaming permit or a club machine permit.

I6355

In this section “prescribed” means—

a

in the case of premises in respect of which an on-premises alcohol licence has effect, prescribed by regulations made by the Secretary of State, and

b

in the case of premises in respect of which a relevant Scottish licence has effect, prescribed by regulations made by the Scottish Ministers.

283Licensed premises gaming machine permits

I6371

A person does not commit an offence under section 37 or 242 if he makes a gaming machine of Category C or D available in accordance with a licensed premises gaming machine permit.

I374 I4452

A licensed premises gaming machine permit is a permit issued by a licensing authority authorising a person to make gaming machines of Category C or D (or both) available for use on premises to which this section applies.

I6373

A licensed premises gaming machine permit shall, by virtue of this subsection, be subject to the condition that the holder comply with any relevant provision of a code of practice under section 24 about the location and operation of a gaming machine.

I6374

I375 I446 I6365

Schedule 13, which makes further provision about licensed premises gaming machine permits, shall have effect except in relation to Scotland.

I215 I296285Permits

1

The Scottish Ministers may, with the consent of the Secretary of State, by regulations provide that such provisions as are set out in the regulations are to apply in relation to—

a

a club gaming permit or club machine permit, in place of Schedule 12 if the applicant for or holder of the permit is the holder of F35... a relevant Scottish licence F36and the premises are premises to which section 125(1) of the Licensing (Scotland) Act 2005 applies, or

b

a licensed premises gaming machine permit, in place of Schedule 13, if the applicant for or holder of the permit is the holder of a relevant Scottish licence F37and the premises are premises to which section 125(1) of the Licensing (Scotland) Act 2005 does not apply,

or if the applicant for or holder of the permit falls within such other description as may be specified in the regulations.

2

Regulations under subsection (1) may amend, revoke or otherwise modify any enactment in so far as it appears to the Scottish Ministers necessary or expedient to do so for the purposes of that subsection.

Fairs

I638286Interpretation: travelling fair

For the purposes of this Act—

a

“fair” means a fair consisting wholly or principally of the provision of amusements, and

b

a fair held on a day in a calendar year is a travelling fair” if provided—

i

wholly or principally by persons who travel from place to place for the purpose of providing fairs, and

ii

I1262

A prize gaming permit is a permit issued by a licensing authority authorising a person to provide facilities for gaming with prizes on specified premises.

I127 I297 I6413

Schedule 14 makes further provision about prize gaming permits.

I642290Gaming and entertainment centres

1

A person does not commit an offence under section 33 or 37 by providing facilities for prize gaming if—

a

the gaming satisfies the conditions specified in section 293, and

b

the facilities are provided in—

i

an adult gaming centre, or

ii

a licensed family entertainment centre.

2

A person does not commit an offence under section 33 or 37 by providing facilities for equal chance prize gaming if—

a

the gaming satisfies the conditions specified in section 293, and

b

the facilities are provided on premises in respect of which a family entertainment centre gaming machine permit has effect.

facilities for gambling (in whatever form) amount together to no more than an ancillary amusement at the fair.

I645293Conditions for prize gaming

1

This section specifies the conditions mentioned in sections 289(1), 290(1) and (2) and 292 for prize gaming.

2

The first condition is compliance with such limits as may be prescribed in respect of participation fees (and those limits may, in particular, relate to players, games or a combination; and different limits may be prescribed in respect of different classes or descriptions of fee).

3

The second condition is that—

a

all the chances to participate in a particular game must be acquired or allocated on one day and in the place where the game is played,

b

the game must be played entirely on that day, and

c

the result of the game must be made public—

i

in the place where the game is played, and

ii

as soon as is reasonably practicable after the game ends, and in any event on the day on which it is played.

4

The third condition is that a prize for which a game is played, or the aggregate of the prizes for which a game is played—

a

where all the prizes are money, must not exceed the prescribed amount, and

b

in any other case, must not exceed the prescribed value.

5

The fourth condition is that participation in the game by a person does not entitle him or another person to participate in any other gambling (whether or not he or the other person would also have to pay in order to participate in the other gambling).

6

In this section “prescribed” means prescribed by regulations made by the Secretary of State.

I646294Power to restrict exemptions

The Secretary of State may by order provide for sections 289, 290 and 292 not to have effect in relation to prize gaming of a specified description.

Part 14Private and Non-Commercial Gaming and Betting

Private gaming and betting

I647295Interpretation

Schedule 15 (which defines private gaming and betting) shall have effect.

the sums raised by the organisers (whether by way of fees for entrance or for participation, by way of sponsorship, by way of commission from traders or otherwise), minus

b

amounts deducted by the organisers in respect of costs reasonably incurred in organising the event.

I650298Exceptions to offences

1

A person does not commit an offence under section 33 by providing facilities for—

a

non-commercial prize gaming which complies with the conditions in section 299, or

b

non-commercial equal chance gaming which complies with the conditions in section 300.

2

Section 37 shall not apply to or in respect of the use of premises to carry on—

a

non-commercial prize gaming which complies with the conditions in section 299, or

b

non-commercial equal chance gaming which complies with the conditions in section 300.

I651299Conditions for non-commercial prize gaming

1

This section specifies the conditions for non-commercial prize gaming mentioned in section 298.

2

The first condition is that players are informed that the purpose of the gaming is to raise money for a specified purpose other than that of private gain.

3

The second condition is that the arrangements for the gaming are such that the profits will be applied for a purpose other than that of private gain.

4

The third condition is that the non-commercial event of which the gaming is part does not take place—

a

on premises, other than a track, in respect of which a premises licence has effect,

b

on a track at a time when activities are being carried on in reliance on a premises licence, or

c

on premises at a time when activities are being carried on in reliance on a temporary use notice.

5

The fourth condition is that the gaming is not remote.

6

In this section “profits” in relation to gaming means—

a

the aggregate of amounts—

i

paid by way of stakes, or

ii

otherwise accruing to the person organising the gaming directly in connection with it, minus

b

amounts deducted by the person organising the gaming in respect of—

i

the provision of prizes, or

ii

other costs reasonably incurred in organising or providing facilities for the gaming.

amounts deducted by the person organising the gaming in respect of—

i

the provision of prizes, or

ii

other costs reasonably incurred in organising or providing facilities for the gaming.

Inspectors

I298303Enforcement officers

1

The Commission—

a

may designate employees of the Commission as enforcement officers for the purposes of this Act, and

b

may appoint persons other than employees of the Commission as enforcement officers for the purposes of this Act.

2

The Commission may pay to or in respect of an enforcement officer who is not an employee of the Commission sums by way of or in respect of—

a

remuneration;

b

allowances;

c

expenses;

d

pension;

e

gratuity.

5

A warrant under subsection (2) shall cease to have effect at the end of the period of 28 days beginning with the day of issue.

6

In the application of this section to Scotland, any reference to a justice of the peace is to be construed as a reference to the sheriff or a justice of the peace.

I657307Inspection of gambling

1

A constable, enforcement officer or authorised person may enter premises to which this section applies for a purpose specified in subsection (3).

2

This section applies to premises if a constable, enforcement officer or authorised person reasonably suspects that facilities for gambling other than private and non-commercial gaming or betting may be being provided, may be about to be provided or have been provided, on the premises.

3

The purposes mentioned in subsection (1) are—

a

to discover whether facilities for gambling other than private and non-commercial gaming or betting are being provided, are about to be provided or have been provided on the premises,

b

to determine whether an operating licence or premises licence is held in respect of the provision of facilities for gambling on the premises, and

c

to determine whether facilities are being, will be or have been provided in accordance with the terms and conditions of an operating licence or premises licence.

I658308Operating licence holders

1

A constable or enforcement officer may enter premises to which this section applies for the purpose specified in subsection (3).

2

This section applies to premises which a constable or enforcement officer reasonably believes to be used by the holder of an operating licence wholly or partly for purposes connected with the licensed activities.

3

The purpose mentioned in subsection (1) is to determine whether the licensed activities are being carried on in accordance with the terms and conditions of the operating licence.

309Family entertainment centres

I3001

A constable, enforcement officer or authorised local authority officer may enter premises in respect of which an application has been made for a family entertainment centre gaming machine permit for a purpose connected with the consideration of the application.

I6592

A constable, enforcement officer or authorised local authority officer may enter premises in respect of which a family entertainment centre gaming machine permit has effect for the purpose of determining whether the gaming machines used on the premises, and the arrangements for their use, comply with the requirements of this Act and regulations under it.

310Premises licensed for alcohol

I377 I4481

An enforcement officer or an authorised local authority officer may enter premises in respect of which an application has been made under Schedule 13 for a purpose connected with the consideration of the application.

I6602

A constable, enforcement officer or authorised local authority officer may enter premises in respect of which an on-premises alcohol licence has effect for the purpose of—

a

determining whether gaming carried on satisfies the conditions in section 279;

b

in the case of bingo played on the premises, determining—

i

whether the terms and conditions of any relevant operating licence are being complied with;

ii

whether section 281 applies;

c

ascertaining the number and category of gaming machines being made available for use on the premises.

311Prize gaming permit

I3011

A constable, enforcement officer or authorised local authority officer may enter premises in respect of which an application has been made for a prize gaming permit for a purpose connected with the consideration of the application.

I6612

A constable, enforcement officer or authorised local authority officer may enter premises in respect of which a prize gaming permit has effect for the purposes of determining whether prize gaming on the premises complies with the requirements of this Act and regulations under it.

312Clubs

I6621

A constable or enforcement officer may enter premises to which this section applies for a purpose specified in subsection (3).

I6622

This section applies to premises which a constable or enforcement officer reasonably believes to be used by a members' club, a commercial club or a miners' welfare institute.

I6623

The purposes mentioned in subsection (1) are—

a

to determine whether gaming is taking place on the premises or is about to take place on the premises,

b

to determine whether any gaming that is taking place or is about to take place on the premises is in accordance with—

i

section 269,

ii

a club gaming permit, or

iii

a club machine permit.

I378 I4494

An authorised local authority officer may enter premises in respect of which an application has been made for a club gaming permit or a club machine permit for a purpose connected with the consideration of the application.

313Licensed premises

I3021

A constable, enforcement officer or authorised person may enter premises in respect of which an application for a premises licence has been made to assess, having regard to the licensing objectives, the likely effects of activity carried on in reliance on the premises licence.

C64 I6632

A constable, enforcement officer or authorised person may enter premises in respect of which a premises licence has effect for a purpose connected with a review under section 201.

I664314Lotteries: registered societies

Where a society is registered with a local authority in accordance with Part 5 of Schedule 11, an enforcement officer or an authorised local authority officer may enter premises owned or used by the society for the purpose of making inquiries in connection with a lottery promoted on behalf of the society.

I665315Temporary use notice

1

A constable, enforcement officer or authorised person may enter premises in respect of which a temporary use notice has been given to assess, having regard to the licensing objectives, the likely effects of activity carried on in reliance on the temporary use notice.

2

A constable, enforcement officer or authorised person may enter premises in respect of which a temporary use notice has effect to determine whether an activity of a kind listed in section 37(1) is being carried on otherwise than in accordance with the temporary use notice.

I666316Authorisations: production on demand

that the purpose of entry may be frustrated or seriously prejudiced by the giving of notice under paragraph (a).

5

A warrant under subsection (2) shall cease to have effect at the end of the period of 28 days beginning with the day of issue.

6

In the application of this section or section 319 to Scotland, any reference to a justice of the peace is to be construed as a reference to the sheriff or a justice of the peace.

I305319Records

1

A constable, enforcement officer or authorised person exercising a power of entry under or by virtue of this Part may exercise a power under section 317(1)(c) to (e) in relation to records (whether written or electronic) only if the records relate entirely to the matters to which the power of entry relates.

2

A justice of the peace may on the application of a constable, enforcement officer or authorised person issue a warrant disapplying subsection (1) to a specified extent if the justice of the peace is satisfied that the disapplication is necessary.

3

A warrant may be granted under subsection (2) only if the justice of the peace is satisfied—

a

that notice has been given to a person in control of the records of intent to apply for a warrant, or

b

that the purpose of exercising the power of entry may be frustrated or seriously prejudiced by the giving of notice under paragraph (a).

4

A warrant under subsection (2) shall cease to have effect at the end of the period of 28 days beginning with the day of issue.

I306320Timing

A power under or by virtue of this Part may be exercised only at a reasonable time.

I307321Evidence of authorisation

An enforcement officer or authorised person seeking to exercise a power under or by virtue of this Part must produce evidence of his identity and authority to a person (if there is one) who appears to the enforcement officer or authorised person to be occupying the relevant premises or to have responsibility for their management.

I308322Information

1

The Secretary of State shall make regulations requiring a person who exercises a power under or by virtue of this Part to provide information about the power and its exercise.

2

Regulations under subsection (1) shall, in particular, make provision about—

with a view to increasing the use of facilities for gambling, he brings them or information about them to the attention of one or more persons, or

c

he participates in or facilitates an activity knowing or believing that it is designed to—

i

encourage one or more persons to take advantage (whether directly or through an agent) of facilities for gambling, or

ii

increase the use of facilities for gambling by bringing them or information about them to the attention of one or more persons.

2

For the purposes of subsection (1) a person shall be treated as bringing facilities for gambling to the attention of one or more persons with a view to increasing the use of the facilities if—

a

he enters into arrangements (whether by way of sponsorship, brand-sharing or otherwise) under which a name is displayed in connection with an event or product, and

b

either—

i

the provision of facilities for gambling is the sole or main activity undertaken under that name, or

ii

the manner or context in which the name is displayed is designed to draw attention to the fact that facilities for gambling are provided under that name.

specified classes of advertisement, or

c

activity undertaken in or in connection with specified places.

10

In the application of subsection (7) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

I669329Broadcasting

1

Regulations under section 328 may not make provision about advertising by way of television or radio services to which section 319 of the Communications Act 2003 (c. 21) applies.

2

The Office of Communications shall under that section set, review and revise standards in respect of advertisements for gambling.

3

In complying with subsection (2) the Office of Communications—

a

shall consult the Gambling Commission, and

b

shall ensure that the standards reflect the provisions of regulations under section 328.

4

Regulations under section 328 may not make provision about advertising by way of a service which—

a

is provided by the British Broadcasting Corporation, and

b

would be licensable under Part 1 or 3 of the Broadcasting Act 1990 (c. 42) or under Part 1 or 2 of the Broadcasting Act 1996 (c. 55) were it provided by a person subject to licensing under that Part.

a fine not exceeding level 5 on the standard scale, or

c

both.

8

9

In the application of subsection (7) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

I671331Foreign gambling

1

A person commits an offence if he advertises foreign gambling other than a lottery.

2

In this section “foreign gambling” means—

a

non-remote gambling which is to take place in a non-EEA State, and

b

remote gambling none of the arrangements for which are subject to the law about gambling of an EEA State (whether by being regulated, exempted, prohibited or otherwise).

3

Subsection (2) shall apply to Gibraltar as it applies to EEA States.

4

The Secretary of State may by regulations provide that a specified country or place is to be treated for the purposes of subsection (2) as if it were an EEA State.

5

A person guilty of an offence under subsection (1) shall be liable on summary conviction to—

a

imprisonment for a term not exceeding 51 weeks,

b

a fine not exceeding level 5 on the standard scale, or

c

both.

6

In the application of subsection (5) to Scotland or Northern Ireland the reference to 51 weeks shall have effect as a reference to six months.

I672332Territorial application: non-remote advertising

The fact that a contract relates to gambling shall not prevent its enforcement.

2

Subsection (1) is without prejudice to any rule of law preventing the enforcement of a contract on the grounds of unlawfulness (other than a rule relating specifically to gambling).

But subsection (5) shall not apply to an order made taking account of the fact that a party to the bet was convicted of an offence under section 42 in relation to it.

I677 C113337Section 336: supplementary

1

Where the Commission makes an order under section 336(1) in relation to a bet a party to the bet or to any contract or other arrangement in relation to the bet may appeal to the F57First-tier Tribunal ; and the following provisions of Part 7 shall have effect (with any necessary modifications) in relation to an appeal under this section as they have effect in relation to an appeal under that Part—

F58a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

section 144,

d

section 145,

e

section 146,

F60f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61g

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

The Commission may make an order under section 336(1) in relation to the whole, or any part or aspect of, a betting transaction.

3

An order under section 336(1) may make incidental provision; in particular, an order may make provision about—

a

the consequences of the order for bets connected with the bet which becomes void under the order;

b

the consequences of the order for other parts or aspects of a betting transaction one part or aspect of which becomes void under the order.

4

For the purposes of considering whether to make an order under section 336(1) in respect of a bet the Commission—

a

may require a person by or through whom the bet is made or accepted to provide information or documents in relation to it, and

b

may take into account information received from any other person.

5

A person commits an offence if without reasonable excuse he fails to comply with a requirement under subsection (4).

6

A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

7

In section 336(4)(b) “industry rules” means rules established by an organisation having, by virtue of an agreement, instrument or enactment, responsibility for the conduct of races, competitions or other events or processes.

I678 C113338Interim moratorium

b

participating in a lottery within the meaning of section 14, or

c

betting within the meaning of sections 9 to 11.

I680340Foreign betting

Sections 9 to 9B of the Betting and Gaming Duties Act 1981 (c. 63) (prohibitions, for protection of the revenue, in relation to foreign betting) shall cease to have effect.

I219 I681341Offence committed by body

1

Subsection (2) applies where an offence under this Act is committed by a body of persons corporate or unincorporate (other than a partnership) and it is proved that the offence was committed—

a

with the consent or connivance of an officer of the body, or

b

as a result of the negligence of an officer of the body.

2

The officer, as well as the body, shall be guilty of the offence.

3

In subsection (1) a reference to an officer of a body includes a reference to—

a

a director, manager or secretary,

b

a person purporting to act as a director, manager or secretary, and

c

if the affairs of the body are arranged by its members, a member.

4

Where an offence under this Act is committed by a partnership (other than a limited partnership) each partner shall be guilty of the offence.

5

Where an offence under this Act is committed by a limited partnership, subsections (1) and (2) shall have effect, but as if a reference to an officer of the body were a reference to a partner.

6

In relation to the prosecution of a body of persons unincorporate for an offence under this Act, the body shall be treated for all procedural purposes as if it were a body corporate.

7

The Secretary of State may by regulations make provision for the modification of a provision of this section in its application to a body of persons formed under, or in so far as the body is recognised by, law having effect outside the United Kingdom.

I218 I313342False information

1

A person commits an offence if without reasonable excuse he gives to the Commission or a licensing authority for a purpose connected with a provision of this Act (whether or not in relation to an application under this Act) information which is—

a

false, or

b

misleading.

2

A person guilty of an offence under this section shall be liable on summary conviction to—

a

imprisonment for a term not exceeding 51 weeks,

b

a fine not exceeding level 5 on the standard scale, or

c

both.

3

In the application of subsection (2) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

4

Where it appears to the Commission or a licensing authority that a decision under this Act was taken by them in reliance upon false or misleading information, they may do anything that they think expedient for the purpose of cancelling, terminating or varying an effect of the decision (but action under this subsection shall not make unlawful anything done before the action is taken).

I314343Value of prize

1

Regulations prescribing a maximum value of prizes for a purpose of this Act may include provision for determining the value of a prize.

2

Regulations by virtue of subsection (1) may, in particular—

a

apply (with or without modification) or make provision similar to a provision of section 20 of the Betting and Gaming Duties Act 1981 (c. 63) (expenditure on bingo winnings);

b

confer a discretion on the Secretary of State, on the Gambling Commission or on another person;

c

provide for an appeal;

d

confer jurisdiction on a court or tribunal.

3

The imposition by or by virtue of this Act of a maximum on the value of a prize does not prevent an arrangement between a person who has won one or more prizes and a person who provides facilities for gambling whereby the prize or prizes are exchanged (whether for money or for one or more articles); provided that—

a

the amount of money or the value of the articles for which the prize or prizes are exchanged does not exceed the maximum amount or value of the prize, or the aggregate maximum amount or value of the prizes, that the person could lawfully have won, and

b

the nature of the substituted prize or prizes complies with any requirements of or by virtue of this Act as to the nature of the prize or prizes that the person could lawfully have won.

I682344Participation fees

1

In this Act “participation fee” means an amount paid in respect of entitlement to participate in gambling; and for that purpose—

a

it is immaterial—

i

how a fee is described,

ii

whether a fee is payable in money or in money's worth,

iii

when and how a fee is payable,

iv

to whom a fee is payable,

b

a charge for admission to premises where gambling takes place shall be treated as a participation fee,

c

a membership subscription is not a participation fee (subject to subsections (2) and (3)), and

d

a stake is not a participation fee.

imprisonment for a term not exceeding 51 weeks,

b

a fine not exceeding level 5 on the standard scale, or

c

both.

7

In the application of subsection (6) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

346Prosecution by licensing authority

1

A licensing authority may institute criminal proceedings in respect of an offence under any of the following provisions of this Act—

I684a

section 37,

I684b

section 185,

I684c

section 186,

I684d

section 229,

I684e

section 242,

I684f

section 258,

I684g

section 259,

I684h

section 260,

I684i

section 261,

I684j

section 262,

I684k

section 326,

I315l

section 342,

I684m

paragraph 20 of Schedule 10,

I684n

paragraph 10 of Schedule 13, and

I684o

paragraph 20 of Schedule 14.

I3152

This section is without prejudice to section 222 of the Local Government Act 1972 (c. 70) (power of local authorities to prosecute or defend legal proceedings).

I3153

This section shall not apply to an authority in Scotland.

I316347Prosecution: time limit

1

A magistrates' court may try an information for an offence under this Act provided that the information was laid within the period of twelve months beginning with the date (or last date) on which the offence is alleged to have been committed.

2

Section 127(1) of the Magistrates' Courts Act 1980 (c. 43) shall not apply to an offence under this Act.

I685348Excluded premises

1

This Act shall have no effect in relation to anything done on, or in relation to any use of, premises of a kind specified for the purposes of this subsection by order of the Secretary of State.

2

This Act shall have no effect in relation to anything done on, or in relation to any use of, premises certified for the purposes of this subsection, on grounds relating to national security, by the Secretary of State or the Attorney General.

Where a licensing authority is specified in an order under section 175 they shall ensure that their statement under this section includes the principles that they propose to apply in making determinations under paragraph 5 of Schedule 9.

I221350Exchange of information

1

A person or body listed in Part 1 of Schedule 6 may provide information to any other person or body so listed for use in the exercise of a function under this Act.

2

A person or body listed in Part 1 of Schedule 6 may provide information obtained in the course of the exercise of a function under this Act to Her Majesty's Commissioners of Customs and Excise for use in the exercise of any function.

3

Provision of information in reliance on this section may be subject to conditions (whether as to use, storage, disposal or otherwise).

I222351Power to amend Schedule 6

1

The Secretary of State may by order amend Schedule 6 so as to—

a

add an entry to a list (in Part 1, 2 or 3);

b

remove an entry from a list (in Part 1, 2 or 3);

c

move an entry from one list to another;

d

add, remove or vary a Note.

2

In particular, a Note relating to an entry for a person or body situated outside the United Kingdom may provide that the entry has effect only in relation to the law of a Part of the United Kingdom.

3

An entry added to a list in Schedule 6 may specify a person or body or a class or description of persons or bodies.

4

The power to add, remove or vary a Note may be exercised generally or in relation to a specified person or body or class or description of persons or bodies.

I87352Data protection

Nothing in this Act authorises a disclosure which contravenes the Data Protection Act 1998 (c. 29).

352AF1Wrongful disclosure

1

Where the Commissioners for Her Majesty's Revenue and Customs provide information to a person under this Act, section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) shall apply to the disclosure of the information by the person as it applies to the disclosure of information in contravention of a provision of that Act.

2

But section 19 shall not apply to disclosure—

a

in accordance with this Act,

b

in accordance with another enactment, or

c

in circumstances specified in section 18(2)(c), (d), (e) or (h) of that Act.

3

In subsection (1)—

a

information provided to a person shall be treated as being provided both to him and to any person on whose behalf he acts or by whom he is employed, and

b

the reference to disclosure by the person to whom information was provided includes a reference to disclosure by any person acting on behalf of, or employed by, the person to whom the information was provided (or a person to whom it is treated as being provided by virtue of paragraph (a)).

4

In the application of section 18(2)(c) and (d) of that Act by virtue of subsection (2)(c) above a reference to functions of the Revenue and Customs shall be taken as a reference to functions of the person making the disclosure.

5

In the application of section 19 of that Act by virtue of subsection (1) above “revenue and customs information” means information provided by the Commissioners (but subject to the express exclusion in section 19(2)).

6

Section 19 of that Act shall, in so far as it applies by virtue of this section, be treated for the purposes of section 28 of this Act as an offence under this Act.

General

I223353Interpretation

1

In this Act, except where the context otherwise requires—

“adult” means an individual who is not a child or young person,
“adult gaming centre” has the meaning given by section 237,
“alcohol licence” has the meaning given by section 277,
“authorised local authority officer” has the meaning given by section 304,
“authorised person” has the meaning given by that section,
“betting” has the meaning given by sections 9 to 11, 37 and 150,
“betting intermediary” has the meaning given by section 13,
“bingo” means any version of that game, irrespective of by what name it is described,
“casino” has the meaning given by section 7,
“casino game” has the meaning given by that section,
“Category A gaming machine” (or B, C or D) means a gaming machine falling within Category A (or B, C or D) as prescribed under section 236,
“chief constables of police forces” has the same meaning in relation to England and Wales as in the Police Act 1996 (c. 16),
“child” has the meaning given by section 45,
“club gaming permit” has the meaning given by section 271,
“club machine permit” has the meaning given by section 273,
“commercial club” has the meaning given by section 267,
“the Commission” means the Gambling Commission,
F20“director”—
1. a
  has the meaning given by section 250 of the Companies Act 2006, and
2. b
  includes a shadow director within the meaning of section 251 of that Act,
“dog track” means premises which are designed, used or adapted for use for dog-racing,
“draw”, in relation to a lottery, has the meaning given by section 255,
“EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time),
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament,
“enforcement officer” means a person designated or appointed as an enforcement officer under section 303,
“equal chance gaming” has the meaning given by section 8,
“exempt lottery” has the meaning given by section 258,
“external lottery manager” has the meaning given by section 257,
“fair” has the meaning given by section 286,
“family entertainment centre” has the meaning given by section 238,
“family entertainment centre gaming machine permit” has the meaning given by section 247,
“football pools” means an arrangement whereby—
1. a
  people compete for prizes by forecasting the results of association football games, and
2. b
  each entry to the competition must forecast the results of at least four games,
“gambling” has the meaning given by section 3,
“gambling software” has the meaning given by section 41,
“game of chance” has the meaning given by section 6,
“gaming” has the meaning given by that section,
“gaming machine” has the meaning given by section 235,
“horse-race course” means premises which are designed, used or adapted for use for horse-racing,
“horse-race pool betting” has the meaning given by section 12,
“large casino” has the meaning given by regulations under section 7(5),
“licensed family entertainment centre” has the meaning given by section 238,
“licensed premises gaming machine permit” has the meaning given by section 283,
“the licensing objectives” has the meaning given by section 1,
“licensing authority” has the meaning given by section 2,
“lottery” has the meaning given by section 14 (and section 256),
“lottery manager's operating licence” has the meaning given by section 98,
“lottery ticket” has the meaning given by section 253,
“machine” has the meaning given by section 235(3)(a),
“members' club” has the meaning given by section 266,
“miners' welfare institute” has the meaning given by section 268,
“the National Lottery” has the meaning given by section 1 of the National Lottery etc. Act 1993 (c. 39)),
“non-commercial betting” has the meaning given by section 302,
“non-commercial gaming” has the meaning given by section 297,
“non-commercial society” has the meaning given by section 19,
“occasional use notice” means a notice given under section 39,
“operating licence” means a licence issued under Part 5,
“on-premises alcohol licence” has the meaning given by section 277,
“participant”, in relation to a game of chance, includes a person who discharges an administrative or other function in relation to the game,
“participation fee” has the meaning given by section 344,
“passenger vessel” means a vessel which is carrying or expected to carry at least one passenger,
“personal licence” means a licence issued under Part 6,
“pool betting” has the meaning given by section 12,
“premises” includes any place and, in particular—
1. a
  a vessel, and
2. b
  a vehicle,
“premises licence” means a licence issued under Part 8,
“private betting” has the meaning given by section 295 and Part 2 of Schedule 15,
“private gaming” has the meaning given by section 295 and Part 1 of Schedule 15,
“private gain” is to be construed in accordance with section 19(3),
“prize” in relation to gaming (except in the context of a gaming machine) has the meaning given by section 6,
“prize” in relation to a gaming machine has the meaning given by section 239,
“prize” in relation to a lottery has the meaning given by section 14,
“prize gaming” has the meaning given by section 288,
“prize gaming permit” has the meaning given by section 289,
“proceeds”, in relation to a lottery, has the meaning given by section 254,
“profits”, in relation to a lottery, has the meaning given by that section,
“profits”, in relation to non-commercial prize gaming, has the meaning given by section 299,
“racecourse” means premises on any part of which a race takes place or is intended to take place,
“real”, in relation to a game, event or process means non-virtual,
“relevant offence” has the meaning given by section 126 and Schedule 7,
“remote communication” has the meaning given by section 4,
“remote gambling” has the meaning given by that section,
“remote gambling equipment” has the meaning given by section 36,
“remote operating licence” has the meaning given by section 67,
“rollover”, in relation to a lottery, has the meaning given by section 256,
“small casino” has the meaning given by regulations under section 7(5),
“society” includes a branch or section of a society,
“stake” means an amount paid or risked in connection with gambling and which either—
1. a
  is used in calculating the amount of the winnings or the value of the prize that the person making the stake receives if successful, or
2. b
  is used in calculating the total amount of winnings or value of prizes in respect of the gambling in which the person making the stake participates,
“supply” includes—
1. a
  sale,
2. b
  lease, and
3. c
  placing on premises with permission or in accordance with a contract or other arrangement,
“temporary use notice” has the meaning given by section 215,
“track” means a horse-race course, dog track or other premises on any part of which a race or other sporting event takes place or is intended to take place,
“travelling fair” has the meaning given by section 286,
“vehicle” includes—
1. a
  a train,
2. b
  an aircraft,
3. c
  a seaplane, and
4. d
  an amphibious vehicle (other than a hovercraft within the meaning of the Hovercraft Act 1968 (c. 59)),
“vessel” includes—
1. a
  anything, other than a seaplane or an amphibious vehicle, designed or adapted for navigation or other use in, on or over water,
2. b
  a hovercraft (within the meaning of the Hovercraft Act 1968), and,
3. c
  anything, or any part of any place, situated in or on water,
“virtual” has the meaning given by subsection (3) below,
“winnings”, in relation to a bet, means anything won, whether in money or in money's worth, and
“young person” has the meaning given by section 45.

b

a notice sent to a licensee at the address specified for that purpose in the licence shall, unless the contrary is proved, be treated as reaching him within a period within which it could reasonably be expected to reach him in the ordinary course of events.

5

A reference in this Act to an act which is authorised by a licence or other document does not include a reference to an act which would be authorised by the licence or document but for failure to comply with a term or condition.

I88354Crown application

1

This Act binds the Crown.

2

But this Act shall have no effect in relation to anything done on, or in relation to any use of, premises occupied (temporarily or permanently) by F40any of Her Majesty's forces (within the meaning of the Armed Forces Act 2006)

3

F4Section 40(3) of the Fire Precautions Act 1971 (c. 40) (conversion of reference to fire and rescue authority into reference to Her Majesty's Fire Inspectorate in relation to Crown premises) shall apply to a provision of this Act as it applies to provisions of that Act (but with the substitution for the reference to section 40(1) of a reference to subsection (1) above).

F4A reference to a responsible authority (being an authority mentioned in section 157(f) in a provision of this Act which, by virtue of subsection (1), applies to premises owned or occupied by the Crown shall have effect as if the reference were a reference to the enforcing authority (as defined in section 61(9) of the Fire Scotland Act 2005 (asp 5)).

I1355Regulations, orders and rules

1

Regulations or rules under this Act, or an order of the Secretary of State under this Act—

a

may make provision which applies generally or only for specified purposes or in specified cases or circumstances,

b

may make different provision for different purposes, cases or circumstances, and

c

may include incidental, consequential or transitional provision.

2

A provision of this Act which permits regulations, rules or an order to make provision of a specified kind is without prejudice to the generality of subsection (1).

3

Regulations or rules under this Act, or an order of the Secretary of State under this Act, shall be made by statutory instrument.

4

Regulations under any of the following provisions shall not be made by the Secretary of State unless a draft has been laid before and approved by resolution of each House of Parliament—

a

section 4,

b

section 6,

c

section 7,

d

section 14,

e

section 78,

f

section 123,

g

section 167,

h

section 168,

i

section 236, and

j

section 328.

5

Regulations or rules made by a Minister of the Crown under any other provision of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

6

An order of the Secretary of State under this Act shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament (subject to subsections (7) and (8)).

7

Subsection (6) shall not apply to an order under section 349(6), to an order under section 351 other than an order adding an entry to the list in Part 2 or 3 of Schedule 6 or to an order under Part 2 of Schedule 7 or Part 2 of Schedule 18, which shall instead be subject to annulment in pursuance of a resolution of either House of Parliament.

8

Subsection (6) shall not apply to an order under section 358; but—

a

an order under section 358(1) which includes provision made by virtue of section 358(4) or by virtue of Part 1 of Schedule 18 shall be subject to annulment in pursuance of a resolution of either House of Parliament, and

b

an order under section 358(5) or (6) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

9

Regulations under a provision specified in subsection (4) or under section 285 shall not be made by the Scottish Ministers unless a draft has been laid before and approved by resolution of the Scottish Parliament.

10

Regulations made by the Scottish Ministers under any other provision of this Act shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

356Amendments and repeals

I89 I118 I120 I224 I6861

Schedule 16 (minor and consequential amendments) shall have effect.

I89 I118 I120 I224 I6862

An amendment in that Schedule shall have the same extent as the enactment amended (or as the relevant portion of the enactment amended).

3

The following shall cease to have effect—

I687a

the Gaming Act 1710 (c. 19),

I687b

the Gaming Act 1738 (c. 28),

I687c

the Gaming Act 1835 (c. 41),

I687d

the Gaming Act 1845 (c. 109),

I687e

the Gaming Act 1892 (c. 9),

I498f

the Betting, Gaming and Lotteries Act 1963 (c. 2),

I501g

the Gaming Act 1968 (c. 65),

I687h

the Lotteries Act 1975 (c. 58), and

I504i

the Lotteries and Amusements Act 1976 (c. 32).

I90 I225 I499 I505 I502 I6864

The enactments listed in Schedule 17 are hereby repealed to the extent specified.

I90 I225 I499 I505 I502 I6865

A repeal in that Schedule shall have the same extent as the provision repealed (subject to the Note to that Schedule).

I91357Money

1

Expenditure of a Minister of the Crown in connection with this Act shall be paid out of money provided by Parliament.

2

A sum received by a Minister of the Crown in connection with this Act shall be paid into the Consolidated Fund.

modify a provision of Part 2 of that Act (including a provision which amends another enactment) so as to reflect a provision of this Act.

359Vessels: territorial limitations

1

A person does not commit an offence under Part 3, 4, 10 or 11 of this Act if—

a

the conduct which would otherwise constitute the offence takes place on board a vessel (within the meaning of section 353(1)), and

b

the vessel is on a journey which has taken it or is intended to take it into international waters.

2

Subject to subsection (1) a provision of this Act which applies in relation to a thing done in Great Britain applies to that thing if done on or in the territorial sea adjacent to Great Britain.

3

In this section—

“international waters” means waters outside the territorial sea adjacent to Great Britain, and
“the territorial sea” has the meaning given by section 1 of the Territorial Sea Act 1987 (c. 49).

360Aircraft: territorial limitations

1

A person does not commit an offence under Part 3, 4, 10 or 11 of this Act if the conduct which would otherwise constitute the offence takes place—

a

on board an aircraft, and

b

at a time when the aircraft is in international airspace.

2

In this section “international airspace” means airspace other than airspace above Great Britain or above the territorial sea adjacent to Great Britain (within the meaning given by section 1 of the Territorial Sea Act 1987).

361Extent

1

The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—

a

section 43,

b

section 331, and

c

section 340 (and the related entry in Schedule 17).

2

The other provisions of this Act shall extend only to—

a

England and Wales, and

b

Scotland.

3

This section is subject to section 356.

362Short title

This Act may be cited as the Gambling Act 2005.

SCHEDULES

SCHEDULE 1Betting: Prize Competitions: Definition of Payment to Enter

Section 11

Introduction

I161

This Schedule makes provision about the circumstances in which a person is to be or not to be treated for the purposes of section 11(1)(b) as being required to pay to participate in an arrangement.

Meaning of payment

Payment to discover whether prize won

I216

For the purposes of section 11 and this Schedule a requirement to pay in order to discover whether a prize has been won under an arrangement shall be treated as a requirement to pay to participate in the arrangement.

Payment to claim prize

I227

For the purposes of section 11 and this Schedule a requirement to pay in order to take possession of a prize which a person has or may have won under an arrangement shall be treated as a requirement to pay to participate in the arrangement.

Choice of free entry

I238

1

For the purposes of section 11 and this Schedule an arrangement shall not be treated as requiring a person to pay to participate if under the arrangement—

a

each person who is eligible to participate has a choice whether to participate by paying or by sending a communication,

b

the communication mentioned in paragraph (a) may be—

i

a letter sent by ordinary post, or

ii

another method of communication which is neither more expensive nor less convenient than participating by paying,

c

the choice is publicised in such a way as to be likely to come to the attention of each person who proposes to participate, and

d

the system for allocating prizes does not differentiate between those who participate by paying and those who participate by sending a communication.

2

In this paragraph “ordinary post” has the meaning given by paragraph 5(2)(b).

Power to make regulations

I249

The Secretary of State may make regulations providing that an activity of a specified kind or performed in specified circumstances is to be or not to be treated for the purposes of section 11 as paying to participate in an arrangement.

SCHEDULE 2Lotteries: Definition of Payment to Enter

Section 14

Introduction

I251

This Schedule makes provision about the circumstances in which an arrangement is to be or not to be treated for the purposes of section 14 as requiring persons to pay in order to participate in an arrangement.

Meaning of payment

Payment to discover whether prize won

I306

For the purposes of section 14 and this Schedule a requirement to pay in order to discover whether a prize has been won under an arrangement shall be treated as a requirement to pay in order to participate in the arrangement.

Payment to claim prize

I317

For the purposes of section 14 and this Schedule a requirement to pay in order to take possession of a prize which has or may have been allocated to a person under an arrangement shall be treated as a requirement to pay in order to participate in the arrangement.

Choice of free entry

I328

1

For the purposes of section 14 and this Schedule an arrangement shall not be treated as requiring persons to pay in order to participate if under the arrangement—

a

each individual who is eligible to participate has a choice whether to participate by paying or by sending a communication,

b

the communication mentioned in paragraph (a) may be—

i

a letter sent by ordinary post, or

ii

another method of communication which is neither more expensive nor less convenient than entering the lottery by paying,

c

the choice is publicised in such a way as to be likely to come to the attention of each individual who proposes to participate, and

d

the system for allocating prizes does not differentiate between those who participate by paying and those who participate by sending a communication.

2

In this paragraph “ordinary post” has the meaning given by paragraph 5(2)(b).

Power to make regulations

I339

Regulations under section 14(7) may, in particular, provide that an activity of a specified kind or performed in specified circumstances is to be or not to be treated as paying to enter a lottery.

SCHEDULE 3Amendment of National Lottery etc. Act 1993 (c. 39)

Section 15

Annual levy

I6881

After section 10B of the National Lottery etc. Act 1993 (financial penalties: appeal) insert—

10CAnnual levy
1
The Secretary of State may make regulations requiring holders of licences under section 5 or 6 to pay an annual levy to the Gambling Commission.
2
The regulations shall, in particular, make provision for—
a
timing of payment of the levy, and
b
the amount of the levy.
3
The regulations may, in particular, make provision—
a
determining the amount of the levy by reference to a percentage of specified receipts of the holder of a licence under section 5 or 6,
b
determining the amount of the levy by reference to a percentage of specified profits of the holder of a licence under section 5 or 6,
c
providing for the determination of the amount of the levy according to a specified formula, or
d
providing for the determination of the amount of the levy in some other way.
4
Any sum due by way of levy by virtue of this section shall be treated for the purposes of this Act as if its payment were a condition of the licence under section 5 or 6.
5
The Gambling Commission shall, with the consent of the Treasury and of the Secretary of State, expend money received by way of levy for purposes related to, or by providing financial assistance for projects related to—
a
addiction to gambling,
b
other forms of harm or exploitation associated with gambling, or
c
any of the licensing objectives for the purposes of the Gambling Act 2005.
6
In subsection (5) the reference to financial assistance is a reference to grants, loans and any other form of financial assistance, which may be made or given on terms or conditions (which may include terms and conditions as to repayment with or without interest).
7
The Secretary of State may make regulations under this section only if—
a
he has made regulations under the Gambling Act 2005 requiring holders of operating licences to pay an annual levy to the Gambling Commission, and
b
he has consulted the National Lottery Commission.
8
The Gambling Commission shall consult the National Lottery Commission before incurring expenditure under subsection (5).

Consultation with Gambling Commission

I922

After section 4 of the National Lottery etc. Act 1993 (c. 39) (overriding duties) insert—

4AConsultation with Gambling Commission
1
If in the course of the exercise of its functions the National Lottery Commission becomes aware of a matter about which the Gambling Commission is likely to have an opinion, the National Lottery Commission shall consult the Gambling Commission.
2
The National Lottery Commission shall comply with any direction of the Secretary of State (which may be general or specific) to consult the Gambling Commission.

Definition of “lottery”

I6893

In section 20 of the National Lottery etc. Act 1993 (interpretation) after the definition of “contravention” insert—

“lottery” has the same meaning as in the Gambling Act 2005;

SCHEDULE 4The Gambling Commission

Section 20

Constitution

I411

The Gambling Commission shall consist of a chairman and other commissioners appointed by the Secretary of State.

Tenure

I422

c

an employee of the Commission.

2

Sub-paragraph (1) applies to any function of the Commission including, in particular—

a

a discretionary function;

b

the function of conducting a review;

c

the function of determining whether to revoke a licence or of determining whether to impose a requirement to pay a penalty.

Money

I499

The Commission may, with the consent of the Secretary of State, pay to or in respect of a commissioner or employee sums by way of or in respect of—

a

remuneration;

b

allowances;

c

expenses;

d

pension;

e

gratuity.

I5010

The Secretary of State may make payments to the Commission for the purpose of enabling the Commission to meet such of its expenses as cannot be met out of fees paid to the Commission under this Act.

I5111

The Commission may, with the consent of the Secretary of State, borrow money.

I5212

The Commission may pay money into the Consolidated Fund.

I5313

The Commission shall keep accounting records in such form as the Secretary of State may direct.

I5414

1

The Commission shall prepare a statement of accounts for each financial year in such form as the Secretary of State may direct.

2

The Commission shall send a copy of a statement of accounts under sub-paragraph (1) to—

a

the Secretary of State, and

b

the Comptroller and Auditor General.

3

The Commission must comply with sub-paragraph (2) within such period, beginning with the end of the financial year to which the accounts relate, as the Secretary of State may specify.

4

The Comptroller and Auditor General shall—

a

examine a statement sent to him under sub-paragraph (2),

b

report on it, and

c

lay a copy of his report before Parliament.

I5515

3

Membership of or employment by the Commission is not employment in the civil service of the State.

SCHEDULE 5Transfer from Gaming Board to Gambling Commission: Supplementary Provision

Section 21

I601

In this Schedule—

“the Board” means the Gaming Board for Great Britain,
“commencement” means the coming into force of section 21, and
“the Commission” means the Gambling Commission.

I612

Anything done by or in relation to the Board which has effect immediately before commencement shall, so far as necessary for continuing its effect after commencement, have effect as if done by or in relation to the Commission.

I623

Anything (including any legal proceedings) which immediately before commencement is in the process of being done by or in relation to the Board may be continued by or in relation to the Commission.

I634

So far as necessary or appropriate in consequence of section 21, on and after commencement a reference to the Board in an enactment, instrument or other document shall be treated as a reference to the Commission.

I645

1

Section 21(2) shall operate in relation to rights and liabilities—

a

whether or not they would otherwise be capable of being transferred by the Board, and

b

without any instrument or other formality being required.

2

In so far as section 21(2) transfers to the Commission liabilities under contracts of employment nothing in that section or this Schedule shall affect the operation of—

a

the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794), or

b

regulations under section 38 of the Employment Relations Act 1999 (c. 26) (replication of the TUPE regulations).

SCHEDULE 6Exchange of Information: Persons and Bodies

Sections 30 and 350

I71Part 1Persons and Bodies with Functions under this Act

Annotations:

Commencement Information

I71

Sch. 6 Pt. 1 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

A constable or police force
An enforcement officer
A licensing authority
Her Majesty's Commissioners of Customs and Excise
F43The First-tier Tribunal
The National Lottery Commission
The Secretary of State
The Scottish Ministers

I72Part 2Enforcement and Regulatory Bodies

Annotations:

Commencement Information

I72

Sch. 6 Pt. 2 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

F21...
The Charity Commission
The Financial Services Authority
F12The Horserace Betting Levy Board
F21...
F21...
F68...
The Office of Fair Trading
F69The Pensions Regulator
The Serious Fraud Office
F22The Serious Organised Crime Agency

I73Part 3Sport Governing Bodies

Annotations:

Commencement Information

I73

Sch. 6 Pt. 3 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

F70The Association of European Professional Football Leagues (established in Switzerland)
Bowls England
F13The British Boxing Board of Control Limited
F71The British Darts Organisation Limited
The British Horseracing Authority Limited
British Lions Limited (incorporated in Ireland)
Celtic Rugby Limited (incorporated in Ireland)
The Commonwealth Games Federation
England Hockey
England Squash and Racketball Limited
The England and Wales Cricket Board Limited
F72The European Rugby Cup Limited (incorporated in Ireland)
Fédération Internationale de Football Association
The Football Association Limited
The Football Association of Wales Limited
F73The Greyhound Board of Great Britain Limited
The International Association of Athletics Federations
The International Cricket Council
The International Hockey Federation
The International Olympic Committee
The International Rugby Board
The International Tennis Federation (incorporated in the Bahamas as ITF Limited)
The Lawn Tennis Association
The Irish Football Association Limited
The Jockey Club
F74The London Marathon Limited
The Motor Sports Association Limited
F75...
The Professional Golfers' Association Limited
F76The Rugby Football League Limited
The Rugby Football Union
F77The Rugby League International Federation
F78...
The Scottish Football Association Limited
F79The Scottish Rugby Union PLC
Six Nations Rugby Limited
UK Athletics Limited
F80The Union of European Football Associations
The Welsh Rugby Union Limited
F81The World Darts Federation
The World Professional Billiards and Snooker Association Limited

I76 I74 I75Part 4Notes

Annotations:

Commencement Information

I76

Sch. 6 Pt. 4 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I74

Sch. 6 Pt. 4 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I75

Sch. 6 Pt. 4 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

1

Where a person or body listed in this Schedule is by virtue of an enactment restricted in the use that may be made of information provided to him or it by another person or body, nothing in section 30 or 350 overrides that restriction—

a

in relation to information provided to the person or body by the Commission, or

b

so as to permit the person or body to disclose to the Commission information provided to the person or body by another.

2

Where by virtue of an enactment the use that may be made of information supplied by a person or body listed in this Schedule is restricted, or where the information may be further disclosed only with the consent of the person or body which provided the information, the prohibition or restriction on further disclosure shall apply to—

a

the supply of information by virtue of this Act, and

b

the supply of information to the Gambling Commission (whether or not by virtue of this Act).

3

Information provided to a person or body by Her Majesty's Commissioners of Customs and Excise in reliance on a provision of this Act may not be provided by that person or body to any other person or body without the consent of the Commissioners.

F41SCHEDULE 7Relevant Offences

Section 126

Annotations:

Amendments (Textual)

F41

Sch. 7 para. 14A substituted for Sch. 7 paras. 14-16 (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 246(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F41Part 1The Offences

Gambling offences

I2261

An offence under—

a

this Act,

b

the Betting, Gaming and Lotteries Act 1963 (c. 2),

c

the Gaming Act 1968 (c. 65),

d

the Lotteries and Amusements Act 1976 (c. 32),

e

the National Lottery etc. Act 1993 (c. 39), or

f

the National Lottery Act 1998 (c. 22).

Theft, &c.

I2272

An offence under any of the following provisions of the Theft Act 1968 (c. 60)—

a

section 1 (theft),

b

section 8 (robbery),

c

section 9 (burglary),

d

section 10 (aggravated burglary),

e

section 11 (theft from exhibition, &c.),

f

section 12A (aggravated vehicle-taking),

g

section 13 (abstracting electricity),

h

section 15 (obtaining property by deception),

i

section 15A (obtaining money transfer by deception),

j

section 16 (obtaining pecuniary advantage by deception),

k

section 17 (false accounting),

l

section 19 (false statement by director, &c.),

m

section 20 (suppression of document, &c.),

n

section 21 (blackmail),

o

section 22 (handling stolen goods),

p

section 24A (retaining wrong credit), and

q

section 25 (going equipped for stealing, &c.).

I2283

An offence under section 1 or 2 of the Theft Act 1978 (c. 31) (obtaining services, or evading liability, by deception).

F103A

An offence under the Fraud Act 2006.

I2294

An offence under section 170 or 170B of the Customs and Excise Management Act 1979 (c. 2) (evasion of duty).

I2305

An offence under section 58(1) of the Civic Government (Scotland) Act 1982 (c. 45) (convicted thief in possession).

I2316

Both in England and Wales and in Scotland, the offence at common law of conspiracy to defraud.

I2327

In Scotland the offences at common law of—

a

theft,

b

robbery,

c

theft by housebreaking,

d

fraud,

e

extortion, and

f

reset.

I13423

The Secretary of State may by order amend Part 1 of this Schedule so as to—

a

add an entry,

b

vary an entry, or

c

remove an entry.

F44SCHEDULE 8Gambling Appeals Tribunal

Section 140

Annotations:

Amendments (Textual)

F44

Sch. 8 omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 105 (with Sch. 5)

F44President, deputy and members

F441

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F442

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44Tenure

F443

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44Staff

F444

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44Money

F445

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F446

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F447

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F448

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44Sittings

F449

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4410

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4411

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44Procedure

F4412

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4413

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4414

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44Council on Tribunals

F4415

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44Disqualification, &c.

F4416

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4417

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9Applications for Casino Premises Licences

Section 175

Introduction

I379 I8541

1

This Schedule applies to an application for a casino premises licence of a kind in respect of which a limit under section 175 has effect.

2

An application for the variation or transfer of a premises licence is not to be treated for the purposes of this Schedule as an application for a premises licence (despite sections 187(3) and 188(2)).

Competition for licences

I380 I8552

1

b

subject to paragraph (a), each competing applicant is an interested party in relation to each of the other competing applications, and

c

Part 8 shall apply, but with the substitution for a reference to the grant of an application in sections 163(1)(a) and 206(2) of a reference to a provisional decision to grant an application subject to the provisions of paragraph 5 below.

I383 I8585

1

This paragraph applies if a licensing authority determine under paragraph 4 that they would grant a number of competing applications greater than the number which they can grant as a result of section 175 and the order under it.

2

The authority shall then determine which of those applications to grant under section 163(1)(a).

3

For that purpose the authority—

a

shall determine which of the competing applications would, in the authority's opinion, be likely if granted to result in the greatest benefit to the authority's area,

b

may enter into a written agreement with an applicant, whether as to the provision of services in respect of the authority's area or otherwise,

c

may determine to attach conditions under section 169 to any licence issued so as to give effect to an agreement entered into under paragraph (b), and

d

c

a variation of the agreement shall have effect only if accompanied by variation of the condition under section 187.

I386 I8618

1

An appeal may be brought under section 206(1) or (2) in respect of a decision under paragraph 4.

2

While an appeal under section 206 could be brought by virtue of sub-paragraph (1), or has been brought by virtue of that sub-paragraph and has not yet been either finally determined or abandoned, the licensing authority shall take no action under paragraph 5(2).

3

Sub-paragraph (2) has effect in place of section 208 in respect of an appeal by virtue of sub-paragraph (1).

4

No appeal may be brought under section 206 in respect of a decision under paragraph 5.

Provisional statements

I387 I8629

A reference in this Schedule to an application for a casino premises licence includes a reference to an application for a provisional statement where this Schedule would apply to an application for a premises licence made in reliance on the provisional statement.

I388 I86310

1

This paragraph applies where the process described in paragraphs 3 to 5 results in the issue of a provisional statement.

2

Paragraphs 2 to 5 shall not apply by reason only of the fact that an application for a casino premises licence is made—

a

in reliance on the provisional statement, and

b

while it has effect.

3

The licensing authority may provide in the provisional statement for it to cease to have effect at the end of a specified period.

4

A licensing authority may extend a period specified under sub-paragraph (3) on the application of the person to whom the provisional statement is issued; and—

a

the Secretary of State may by regulations provide for the procedure to be followed in relation to an application under this subsection, and

b

sections 206 to 209 shall apply but—

i

with the omission of section 206(2)(a),

ii

as if section 208(1) referred not to a determination or other action under this Part but to a provision included in a provisional statement under sub-paragraph (3) above, and

iii

with any other necessary modifications.

SCHEDULE 10Family Entertainment Centre Gaming Machine Permits

Section 247

Interpretation

I1281

In this Schedule—

“holder”, in relation to a permit, means the person to whom the permit is issued,
“the licensing authority”—
1. a
  in relation to an application, means the licensing authority to whom the application is made, and
2. b
  in relation to a permit, means the licensing authority who issue it,
“permit” means a family entertainment centre gaming machine permit,
“the premises”, in relation to an application or permit, means the premises in respect of which the permit is sought or issued, and
“prescribed” means prescribed by regulations made by the Secretary of State except that in paragraphs 5(d) and 21(2) it means, where the application is made to a licensing authority in Scotland, prescribed by regulations made by the Scottish Ministers.

Making of application

I317 I6902

1

An application for a permit may be made only by a person who—

a

occupies or proposes to occupy the premises, and

b

proposes to use the premises as an unlicensed family entertainment centre.

2

If the applicant for a permit is an individual, he must be an adult.

I318 I6913

An application for a permit may not be made if a premises licence has effect in respect of the premises.

I319 I6924

An application for a permit must be made to a licensing authority in whose area the premises are wholly or partly situated.

I320 I6935

An application for a permit must—

a

be made in such form and manner as the licensing authority may direct,

b

specify the premises in respect of which the permit is sought,

c

contain or be accompanied by such other information or documents as the licensing authority may direct, and

d

be accompanied by the prescribed fee.

Consideration of application

I322 I6959

A licensing authority may grant an application for a permit only if they—

a

are satisfied that the applicant intends to use the premises as an unlicensed family entertainment centre, and

b

have consulted the chief officer of police for a police area in which the premises are wholly or partly situated.

a request that a new name be substituted for the old name, and

b

the licensing authority shall comply with the request and return the permit to the holder.

Duration

12

A permit shall cease to have effect at the end of the period of ten years beginning with the date specified under paragraph 11(1)(c) unless—

I328a

it ceases to have effect before that time in accordance with a provision of this Schedule, or

I698b

it is renewed in accordance with paragraph 18.

I32913

1

A permit shall lapse if the holder ceases to occupy the premises specified under paragraph 11(1)(b).

2

A permit shall not take effect if on the date specified under paragraph 11(1)(c) the person to whom the permit is issued is not an occupier of the premises specified under paragraph 11(1)(b).

I69914

A permit shall lapse if the licensing authority notify the holder that the premises are not being used as a family entertainment centre.

the permit, or

ii

a statement explaining why it is not reasonably practicable to produce the permit.

I33217

The holder of a permit shall keep it on the premises.

I70220

1

An occupier of premises in respect of which a permit has effect commits an offence if without reasonable excuse he fails to produce the permit on request for inspection by—

a

a constable,

b

an enforcement officer, or

c

an authorised local authority officer.

2

A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

I33321

e

excusing licensing authorities, wholly or partly, from compliance with sub-paragraph (1).

Vehicles and vessels

I33524

A permit may not be issued in respect of a vehicle or vessel (or part of a vehicle or vessel).

C75SCHEDULE 11Exempt Lotteries

Section 258

Annotations:

Modifications etc. (not altering text)

C75

Sch. 11 applied (with modifications) (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 77

Part 1Incidental Non-commercial Lotteries

The exemption

I93 I7041

1

A lottery is exempt if—

a

it is incidental to a non-commercial event within the meaning of paragraph 2 (“the connected event”), and

b

the conditions specified in this Part are satisfied.

2

A lottery to which sub-paragraph (1) applies is referred to in this Part as an incidental non-commercial lottery.

I94 I7052

An event is non-commercial if no sum raised by the organisers of the event (whether by way of fees for entrance or for participation, by way of sponsorship, by way of commission from traders or otherwise) is appropriated for the purpose of private gain.

Deductions from proceeds

I95 I7063

The promoters of an incidental non-commercial lottery may not deduct from the proceeds of the lottery more than the prescribed sum in respect of the cost of the prizes (irrespective of their actual cost).

I96 I7074

The promoters of an incidental non-commercial lottery may not deduct from the proceeds of the lottery more than the prescribed sum in respect of costs incurred in organising the lottery (irrespective of the amount of the costs incurred).

Purpose of lottery

I97 I7085

An incidental non-commercial lottery must be promoted wholly for a purpose other than that of private gain.

No rollover

I98 I7096

The arrangements for an incidental non-commercial lottery must not include a rollover.

Connection between lottery and event

I99 I7107

1

No lottery ticket for an incidental non-commercial lottery may be sold or supplied otherwise than—

a

on the premises on which the connected event takes place, and

b

while the connected event is taking place.

2

The results of the lottery must be made public while the connected event is taking place.

Interpretation: “prescribed”

I100 I7118

In this Part “prescribed” means prescribed by the Secretary of State by regulations.

Part 2Private Lotteries

The exemption

I7129

a

displayed or distributed except on the residential premises, or

b

sent to any other premises.

Lottery tickets

I71815

Each ticket in a private lottery must be a document (without prejudice to section 253).

I71916

1

A ticket in a private lottery may be sold or supplied only by or on behalf of the promoters.

2

The rights conferred by the sale or supply of a ticket in a private lottery shall not be transferable (and any purported transfer shall be treated by the promoters of the lottery as being ineffective).

I72017

Each ticket in a private lottery—

a

must state the name and an address of each of the promoters of the lottery,

b

must specify the class of persons to whom the promoters are willing to sell or supply tickets, and

c

must explain the condition in paragraph 16(2).

Price

I72118

The price payable for each ticket in a private lottery—

a

must be the same,

b

must be shown on the ticket, and

c

must be paid to the promoters of the lottery before any person is given the ticket or any right in respect of membership of the class among whom prizes are to be allocated.

No rollover

I72219

The arrangements for a private lottery must not include a rollover.

Part 3Customer lottery

The exemption

I104 I72320

1

A lottery is exempt if—

a

it is promoted by a person (“the promoter”) who occupies premises in Great Britain in the course of a business (“the business premises”),

b

no ticket in the lottery is sold or supplied to a person except at a time when he is on the business premises as a customer of the promoter, and

c

the other conditions of a customer lottery specified in this Part are satisfied.

2

A lottery to which sub-paragraph (1) applies is referred to in this Part as a customer lottery.

3

For the purposes of sub-paragraph (1)(a)—

a

it is immaterial whether persons other than the person who occupies the business premises also perform activities which amount to promotion of the lottery in accordance with section 252, but

b

a reference in this Part to the promoter does not include a reference to any of those other persons.

No profits

I72421

A customer lottery must be organised in such a way as to ensure that no profits are made.

Advertising

I72522

No advertisement for a customer lottery may be—

a

displayed or distributed except on the business premises, or

b

sent to any other premises.

Lottery tickets

I72623

Each ticket in a customer lottery must be a document (without prejudice to section 253).

I72724

1

A ticket in a customer lottery may be sold or supplied only by or on behalf of the promoter.

2

The rights conferred by the sale or supply of a ticket in a customer lottery shall not be transferable (and any purported transfer shall be treated by the promoter of the lottery as being ineffective).

I72825

Each ticket in a customer lottery—

a

must state the name and an address of the promoter of the lottery,

b

must specify the class of persons to whom the promoter is willing to sell or supply tickets, and

c

must explain the condition in paragraph 24(2).

Price

I72926

The price payable for each ticket in a customer lottery—

a

must be the same,

b

must be shown on the ticket, and

c

must be paid to the promoter of the lottery before any person is given the ticket or any right in respect of membership of the class among whom prizes are to be allocated.

Maximum prize

I73027

It must not be possible for the purchaser of a ticket in a customer lottery to win by virtue of that ticket more than £50 (whether in money, money's worth, or partly the one and partly the other).

No rollover

I73128

The arrangements for a customer lottery must not include a rollover.

Frequency

I73229

A draw in a customer lottery must not take place during a period of seven days beginning with a previous draw in—

a

that customer lottery, or

b

another customer lottery promoted on the business premises.

C75 C73Part 4Small Society Lotteries

Annotations:

Modifications etc. (not altering text)

C73

Sch. 11 Pt. 4 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 76(2)-(4)

The exemption

I105 I73330

1

A lottery is exempt if—

a

it is promoted wholly on behalf of a non-commercial society (“the promoting society”),

b

it is a small lottery (within the meaning of paragraph 31), and

c

the other conditions of a small society lottery specified in this Part are satisfied.

2

A lottery promoted wholly on behalf of a non-commercial society is referred to in this Part as a small society lottery.

I106 I73431

1

For the purposes of this Part a society lottery is a small lottery unless it is a large lottery by virtue of any of sub-paragraphs (2) to (5).

2

A society lottery is a large lottery if the arrangements for it are such that its proceeds may exceed £20,000.

C743

A society lottery is a large lottery if it is promoted wholly or partly at a time in a calendar year at which the aggregate of the promoting society's proceeds from society lotteries promoted wholly or partly during that year exceeds £250,000.

4

A society lottery is a large lottery if the arrangements for it are such that (disregarding any other society lottery the sale of tickets for which is not concluded) it may during its promotion become a large lottery by virtue of sub-paragraph (3).

5

If a society promotes a lottery that is a large society lottery by virtue of sub-paragraph (2), (3) or (4) (“the first lottery”), any other society lottery promoted by that society is a large lottery if it is wholly or partly promoted—

a

after the beginning of the promotion of the first lottery and in a calendar year during which the first lottery is wholly or partly promoted, or

b

in any of the three calendar years successively following the last calendar year during which the first lottery was wholly or partly promoted.

Purpose of lottery

I73532

A small society lottery may be promoted for any of the purposes for which the promoting society is conducted.

Minimum distribution for fund-raising purpose

I73633

The arrangements for a small society lottery must ensure that at least 20% of the proceeds of the lottery are applied to a purpose for which the society is conducted.

Maximum prize

I73734

It must not be possible for the purchaser of a ticket in a small society lottery to win by virtue of that ticket (whether in money, money's worth, or partly the one and partly the other) more than £25,000.

Rollover

I73835

1

The arrangements for a small society lottery may include a rollover only if each other lottery which may be affected by the rollover is a small society lottery promoted by or on behalf of the same society.

2

This paragraph is subject to paragraph 34.

Tickets

I73936

1

Where a person purchases a lottery ticket in a small society lottery he must receive a document which—

a

identifies the promoting society,

b

states the price of the ticket,

c

states the name and an address of—

i

a member of the society who is designated, by persons acting on behalf of the society, as having responsibility within the society for the promotion of the lottery, or

ii

if there is one, the external lottery manager, and

d

either—

i

states the date of the draw (or each draw) in the lottery, or

ii

enables the date of the draw (or each draw) in the lottery to be determined.

2

For the purpose of sub-paragraph (1) a reference to a person receiving a document includes, in particular, a reference to a message being sent or displayed to him electronically in a manner which enables him to—

a

retain the message electronically, or

b

print it.

Price

I74037

1

The price payable for each ticket in a small society lottery—

a

must be the same, and

b

must be paid to the promoter of the lottery before any person is given the ticket or any right in respect of membership of the class among whom prizes are to be allocated.

2

Membership of the class among whom prizes in a small society lottery are allocated may not be dependent on making any payment (apart from payment of the price of a ticket).

Registration

I74138

The promoting society of a small society lottery must, throughout the period during which the lottery is promoted, be registered with a local authority in accordance with Part 5 of this Schedule.

Filing of records

I74239

1

The promoting society of a small society lottery must send to the local authority with which the society is registered under Part 5 of this Schedule a statement of the matters specified in sub-paragraph (2).

2

Those matters are—

a

the arrangements for the lottery (including the dates on which tickets were available for sale or supply, the dates of any draw and the arrangements for prizes (including any rollover),

b

the proceeds of the lottery,

c

the amounts deducted by the promoters of the lottery in respect of the provision of prizes (including the provision of prizes in accordance with any rollover),

d

the amounts deducted by the promoters of the lottery in respect of other costs incurred in organising the lottery,

e

any amount applied to a purpose for which the promoting society is conducted, and

f

whether any expenses in connection with the lottery were defrayed otherwise than by deduction from proceeds, and, if they were—

i

the amount of the expenses, and

ii

the sources from which they were defrayed.

3

The statement must be sent to the local authority during the period of three months beginning with the day on which the draw (or the last draw) in the lottery takes place.

4

The statement must be—

a

signed by two members of the society who are appointed for the purpose in writing by the society or, if it has one, its governing body, and

b

accompanied by a copy of the appointment under paragraph (a).

5

A member signing a statement in accordance with sub-paragraph (4) must be an adult.

I74340

1

If after receiving a statement under paragraph 39 a local authority think that the lottery to which the statement relates was a large lottery, they shall notify the Commission in writing.

2

A notice under sub-paragraph (1) shall be accompanied by a copy of—

a

the statement relating to the lottery, and

b

the statement relating to any other lottery as a result of which the lottery mentioned in paragraph (a) is a large lottery.

C75Part 5Registration With Local Authority

Local authority

I74441

In this Part “local authority” means—

a

in relation to England—

i

a district council,

ii

a county council for a county in which there are no district councils,

iii

a London borough council,

iv

the Common Council of the City of London, and

v

the Council of the Isles of Scilly,

b

in relation to Wales,

i

a county council, and

ii

a county borough council, and

c

in relation to Scotland, a licensing board F38continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 16).

Application

I74542

1

A society may apply to the relevant local authority for registration under this Part.

2

An application under this paragraph—

a

must be in the prescribed form,

b

must specify the purposes for which the society is conducted,

c

must contain such other information, and be accompanied by such documents, as may be prescribed, and

d

must be accompanied by the prescribed fee.

I74643

In relation to the registration of a society, the relevant local authority is the local authority for the area in which the principal premises of the society are situated.

Registration

C75 C70 I74744

As soon as is reasonably practicable after receipt of an application under paragraph 42 a local authority shall, subject to paragraphs 47 and 48—

a

enter the applicant, together with such information as may be prescribed, in a register kept by the authority for the purposes of this Part,

b

notify the applicant of his registration, and

c

notify the Commission of the registration.

Gambling Commission

I74845

As soon as is reasonably practicable after receipt of notice of a registration under paragraph 44(c) the Commission shall record the registration.

C71 C75 I74946

1

A notice under paragraph 44(c) must be accompanied by such part of the application fee as may be prescribed.

2

In sub-paragraph (1) “application fee” means the fee accompanying an application under paragraph 42.

Refusal of registration

Cancellation

3

A local authority may not specify a fee under sub-paragraph (2) which exceeds the reasonable cost of providing the service sought (but in calculating the cost of providing a service to a person the authority may include a reasonable share of expenditure which is referable only indirectly to the provision of that service).

Interpretation: “prescribed”

I75956

In this Part “prescribed” means prescribed by the Secretary of State by regulations except that, in the following provisions, it means prescribed by the Scottish Ministers by regulations—

a

in paragraph 42(2)(d), where the application is made to a local authority in Scotland,

b

in paragraph 46(1), where the local authority giving notice is in Scotland, and

c

in paragraph 54(2)(b), where the registering local authority is in Scotland.

Part 6Powers to Impose Additional Restrictions, &c.

Distributing lottery tickets by post

I76057

1

The Secretary of State may by regulations impose a condition in relation to exempt lotteries requiring that tickets purchased be delivered to the purchaser by hand at the time of purchase and not by post.

2

Regulations under this paragraph may apply generally, only in relation to a specified class of lottery or only in specified circumstances.

Rollover

I76158

1

The Secretary of State may by regulations impose in relation to exempt lotteries conditions or limitations in respect of the use of a rollover (in addition to any conditions or limitations set out in this Schedule).

2

Regulations under this paragraph may apply generally, only in relation to a specified class of lottery or only in specified circumstances.

Other additional provision

I76259

1

The Secretary of State may by order impose in relation to a class of lottery a condition (in addition to any specified in this Schedule) with which a lottery must comply if it is to be an exempt lottery within the meaning of this Schedule.

2

A condition imposed under this paragraph may, in particular, relate to—

a

the persons who may sell or supply lottery tickets;

b

the persons who may buy lottery tickets;

c

the circumstances in which lottery tickets are sold or supplied;

d

the nature of lottery tickets and information appearing on them;

e

arrangements for advertising the lottery;

f

the deductions which promoters may make from the proceeds of a lottery.

3

The Secretary of State may by order restrict the extent to which a person may carry on activities in reliance on an exemption under this Schedule.

4

An order under sub-paragraph (3) may, in particular, make provision—

a

restricting the number of lotteries that may be promoted on behalf of a person wholly or partly within a specified period;

b

prescribing a minimum interval between activity in connection with one lottery promoted on behalf of a person and activity in connection with another lottery promoted on behalf of that person.

5

Before making an order under this paragraph the Secretary of State must consult the Commission.

Variation of monetary limits and percentages

I76360

The Secretary of State may by order vary a monetary amount or a percentage in this Schedule.

Part 7General

Interpretation: advertisement

I76461

For the purposes of this Schedule—

a

“advertisement”, in relation to a lottery, includes any document, or electronic communication, announcing that a lottery will take place or inviting people to participate in a lottery (in either case whether or not it also gives other information),

b

a reference to displaying an advertisement includes a reference to publishing a notice, and

c

in the case of an advertisement in the form of an electronic communication, the communication is to be treated as being—

i

distributed to any place at which a person can access it, and

ii

sent to any premises at which a person can access it.

Interpretation: business

I76562

In this Schedule “business” includes trade and profession.

Vessels

I76663

Nothing in Part 2 or 3 of this Schedule applies to anything done on a vessel.

SCHEDULE 12Club Gaming Permits and Club Machine Permits

Section 274

Application

I389 I450 I7671

1

A members' club or miners' welfare institute may apply to a licensing authority for a club gaming permit.

2

A members club, commercial club or miners' welfare institute may apply to a licensing authority for a club machine permit.

I390 I451 I7682

An application must—

a

be made to a licensing authority in whose area the premises are wholly or partly situated,

b

specify the premises in relation to which the permit is sought,

c

be made in the prescribed form and manner,

d

contain or be accompanied by the prescribed information and documents, and

e

be accompanied by the prescribed fee.

I391 I452 I7693

1

A club or institute making an application for a permit must within the prescribed time send a copy of the application and of any accompanying documents to—

a

the Commission, and

b

the chief officer of police for any police area in which the premises are wholly or partly situated.

2

If a club or institute fails to comply with sub-paragraph (1) the application, and any permit issued in response to it, shall have no effect.

Consideration of application

C76 C88 I392 I453 I7704

A person who receives a copy of an application for a permit in accordance with paragraph 3 may object to the application within the prescribed period of time and in the prescribed manner.

I393 I454 I7715

The licensing authority to whom an application for a permit is made shall consider the application and—

a

grant it, or

C77 C89b

refuse it.

C90 C78 I394 I455 I7726

1

A licensing authority may refuse an application for a permit only on one or more of the following grounds (having regard to the matters mentioned in paragraph 27)—

a

that the applicant is not—

i

in the case of an application for a club gaming permit, a members' club or a miners' welfare institute, or

ii

in the case of an application for a club machine permit, a members' club, a commercial club or a miners' welfare institute,

b

that the premises on which the applicant conducts its activities are used wholly or mainly by children, by young persons or by both,

c

that an offence, or a breach of a condition of a permit, has been committed in the course of gaming activities carried on by the applicant,

d

that a permit held by the applicant has been cancelled during the period of ten years ending with the date of the application, or

e

that an objection to the application has been made under paragraph 4.

2

If a licensing authority are satisfied in relation to an application for a permit of the matters specified in sub-paragraph (1)(a) or (b), they shall refuse the application.

C91 C79 I395 I456 I7737

1

Before refusing an application for a permit a licensing authority must hold a hearing to consider the application and any objection made under paragraph 4.

2

But a licensing authority may dispense with the requirement for a hearing with the consent of—

a

the applicant, and

b

any person who has made (and not withdrawn) an objection under paragraph 4.

e

such other information as may be prescribed.

2

If the application for the permit was made in accordance with paragraph 10, the permit must also identify the club premises certificate under section 72 of the Licensing Act 2003 (c. 17).

Maintenance

I77812

The holder of a permit shall keep it on the premises to which it relates.

I77913

1

An occupier of premises to which a permit relates commits an offence if without reasonable excuse he fails to produce the permit on request for inspection by—

a

a constable, or

b

an enforcement officer.

2

A person guilty of an offence under sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

I46214

C401

The holder of a permit—

a

shall pay a first annual fee to the issuing licensing authority within such period after the issue of the permit as may be prescribed, and

b

shall pay an annual fee to the issuing licensing authority before each anniversary of the issue of the permit.

2

In this paragraph “annual fee” means a fee of such amount as may be prescribed.

3

Sub-paragraph (1)(b) does not apply in relation to an anniversary of the issue of a permit immediately before which the permit expires in accordance with paragraph 17.

I401 I46315

1

If information contained in a permit ceases to be accurate the holder of the permit shall as soon as is reasonably practicable apply to the issuing licensing authority to have the permit varied.

2

An application under sub-paragraph (1) must be accompanied by—

a

the prescribed fee, and

b

either—

i

the permit, or

ii

a statement explaining why it is not reasonably practicable to produce the permit.

3

The licensing authority to whom an application is made under sub-paragraph (1) shall issue a copy of the permit varied in accordance with the application (and the copy shall be treated as if it were the original permit).

4

But if the authority think that they would refuse an application for the permit were it made anew, they may—

a

refuse the application for variation, and

b

cancel the permit.

5

Paragraphs 7, 9 and 25 apply in relation to a decision under sub-paragraph (4) as they apply in relation to a decision to refuse an application for a permit (and paragraph 21 shall not apply).

6

The holder of a permit commits an offence if without reasonable excuse he fails to comply with sub-paragraph (1).

7

A person guilty of an offence under sub-paragraph (6) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

I402 I46416

b

may cease to have effect in accordance with paragraph 19, 21, 22 or 23, and

c

shall lapse if the club premises certificate on which the application relied ceases to have effect.

I404 I46618

1

If the holder of a permit ceases to be a members' club (whether or not it becomes a commercial club), a commercial club or a miners' welfare institute, the permit shall lapse.

2

But this paragraph does not apply to a permit issued in pursuance of an application to which paragraph 10 applies.

I405 I46719

1

A permit shall cease to have effect upon being surrendered by notice given by the holder of the permit to the issuing licensing authority.

2

A notice under sub-paragraph (1) must be accompanied by—

a

the permit, or

b

a statement explaining why it is not reasonably practicable to produce the permit.

I406 I46820

a

the period specified in paragraph 25(5)(c) has expired without an appeal being brought, or

b

any appeal brought has been determined.

I78022

1

The licensing authority which issued a permit shall cancel it if the holder fails to pay the annual fee in accordance with paragraph 14.

2

But a licensing authority may disapply sub-paragraph (1) if they think that a failure to pay is attributable to administrative error.

C96 C85 I408 I47023

Exercise of functions by licensing authority: general

I410 I47227

In exercising a function under this Schedule a licensing authority shall have regard to—

a

any relevant guidance under section 25, and

b

subject to paragraph (a), the licensing objectives.

C97 C86 I411 I47328

1

Sections 154 and 155 shall have effect in relation to the functions of a licensing authority under this Schedule as they have effect in relation to functions of a licensing authority under Part 8.

2

In the application of section 154 to this Schedule the following shall be substituted for the list of functions in subsection (4) (which itself substitutes a list of functions for that in section 10(4) of the Licensing Act 2003)—

a

determination of an application for a permit in respect of which an objection has been made under this Schedule (and not withdrawn), and

b

cancellation of a permit under paragraph 21.

Vehicles and vessels

I412 I47429

A club gaming permit or club machine permit may not be issued in respect of a vehicle or vessel (or part of a vehicle or vessel).

Interpretation

I413 I47530

In this Schedule “prescribed” means prescribed by the Secretary of State by regulations except that in paragraphs 2(e), 15(2)(a) and 16(2) it means, where the application in question is made to a licensing authority in Scotland, prescribed by the Scottish Ministers by regulations.

I414 I47631

This Schedule shall, in its application to Scotland, have effect as if references to a chief officer of police were references to a chief constable.

C36SCHEDULE 13Licensed Premises Gaming Machine Permits

Section 283

Annotations:

Modifications etc. (not altering text)

C36

Sch. 13 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 30

Making of application

I415 I477 I7831

1

A person who applies to a licensing authority (in its capacity as a licensing authority under the Licensing Act 2003 (c. 17)) for an on-premises alcohol licence or who holds an on-premises alcohol licence issued by a licensing authority (in that capacity) may apply to that licensing authority (in its capacity as a licensing authority under this Act) for a licensed premises gaming machine permit.

2

An application may not be made under this Schedule if a licence under Part 8 has effect in relation to the premises.

I416 I478 I7842

An application for a permit must—

a

be made in such form and manner as the licensing authority may direct,

b

specify the premises in respect of which the permit is sought,

c

specify the number and category of gaming machines in respect of which the permit is sought,

d

contain or be accompanied by such other information or documents as the licensing authority may direct, and

e

be accompanied by the prescribed fee.

I417 I4843

Sections 154 and 155 shall have effect in relation to the functions of a licensing authority under this Schedule as they have effect in relation to functions of a licensing authority under Part 8.

I418 I479 I7854

1

A licensing authority to whom an application is made under this Schedule shall consider it having regard to the licensing objectives, any relevant guidance issued by the Commission under section 25 and such other matters as they think relevant.

2

On considering an application for a permit a licensing authority shall—

a

grant the application,

b

refuse the application, or

c

grant it in respect of—

i

a smaller number of machines than that specified in the application,

ii

a different category of machines from that specified in the application, or

iii

both.

I419 I480 I7865

1

A licensing authority may not attach conditions to a permit.

2

As soon as is reasonably practicable after granting an application, a licensing authority shall issue a permit to the applicant.

3

As soon as is reasonably practicable after refusing an application a licensing authority shall notify the applicant of—

a

the refusal, and

b

the reasons for it.

I420 I481 I7876

i

the prescribed fee, and

ii

a request that a new name be substituted for the old name, and

b

the licensing authority shall comply with the request and return the permit to the holder.

Maintenance

C36 C31 I7898

The holder of a permit shall keep it on the premises to which it relates.

I4859

C421

The holder of a permit—

a

shall pay a first annual fee to the issuing licensing authority within such period after the issue of the permit as may be prescribed, and

b

shall pay an annual fee to the issuing licensing authority before each anniversary of the issue of the permit.

2

In this paragraph “annual fee” means a fee of such amount as may be prescribed.

C36 C32 I79010

1

An occupier of premises in respect of which a permit has effect commits an offence if without reasonable excuse he fails to produce the permit on request for inspection by —

a

a constable,

b

an enforcement officer, or

c

an authorised local authority officer.

2

A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

C36 C32 I423 I48611

The licensing authority which issued a permit shall cancel it if the holder fails to pay the annual fee in accordance with paragraph 9.

2

But a licensing authority may disapply sub-paragraph (1) if they think that a failure to pay is attributable to administrative error.

C36 C34 I430 I49318

4

A licensing authority may not approve an application for the transfer of a permit under this paragraph unless the transfer of the on-premises alcohol licence is approved under section 45 of the Licensing Act 2003 (determination of application).

5

Where a licensing authority refuse an application for the transfer of a permit under this paragraph by virtue of sub-paragraph (4), the provisions of paragraph 6(2)(b) shall not apply to the refusal.

C36 C34 I432 I49520

Interpretation

I434 I49723

In this Schedule—

“permit” means a licensed premises gaming machine permit, and
“prescribed” means prescribed by regulations made by the Secretary of State.

SCHEDULE 14Prize Gaming Permits

Section 289

Interpretation

I1311

In this Schedule—

“holder”, in relation to a permit, means the person to whom the permit is issued,
“the licensing authority”—
1. a
  in relation to an application, means the licensing authority to whom the application is made, and
2. b
  in relation to a permit, means the licensing authority who issue it,
“permit” means a prize gaming permit,
“the premises”, in relation to an application or permit, means the premises in respect of which the permit is sought or issued, and
“prescribed” means prescribed by regulations made by the Secretary of State except that in paragraphs 6(e) and 21(2) it means, where the application in question is made to a licensing authority in Scotland, prescribed by regulations made by the Scottish Ministers.

I3462

This Schedule shall, in its application to Scotland, have effect as if references to a chief officer of police were references to a chief constable.

Making of application

I336 I7923

1

An application for a permit may be made only by a person who occupies or proposes to occupy the premises.

2

If the applicant for a permit is an individual, he must be an adult.

I337 I7934

An application for a permit may not be made if—

a

a premises licence has effect in respect of the premises, or

b

a club gaming permit has effect in respect of the premises.

I338 I7945

An application for a permit must be made to a licensing authority in whose area the premises are wholly or partly situated.

I339 I7956

An application for a permit must—

a

be made in such form and manner as the licensing authority may direct,

b

specify the premises,

c

specify the nature of the gaming in respect of which the permit is sought,

d

contain or be accompanied by such other information or documents as the licensing authority may direct, and

e

be accompanied by the prescribed fee.

Consideration of application

I342 I79710

A licensing authority may grant an application for a permit only if they have consulted the chief officer of police for a police area in which the premises are wholly or partly situated.

the prescribed fee, and

ii

a request that a new name be substituted for the old name, and

b

the licensing authority shall comply with the request and return the permit to the holder.

Duration

13

A permit shall cease to have effect at the end of the period of ten years beginning with the date specified under paragraph 12(1)(d) unless—

I348a

it ceases to have effect before that time in accordance with a provision of this Schedule, or

I800b

it is renewed in accordance with paragraph 18.

I34914

1

A permit shall lapse if the holder ceases to occupy the premises specified under paragraph 12(1)(c).

2

A permit shall not take effect if on the date specified under paragraph 12(1)(d) the person to whom the permit is issued is not an occupier of the premises specified under paragraph 12(1)(c).

1

Where the holder of a permit is convicted of a relevant offence the court by or before which he is convicted may order forfeiture of the permit.

2

Forfeiture under this paragraph shall be on such terms (which may include terms as to suspension) as may be specified by—

a

the court which orders forfeiture,

b

a court to which an appeal against the conviction, or against any order made on the conviction, has been or could be made, or

c

the High Court, if hearing proceedings relating to the conviction.

3

Subject to any express provision made under sub-paragraph (2), a permit shall cease to have effect on the making of a forfeiture order under this paragraph.

an application for renewal of the permit is pending, or

b

an appeal against a decision on an application for renewal of the permit is pending.

Maintenance

I80219

The holder of a permit shall keep it on the premises.

I80320

1

An occupier of premises in respect of which a permit has effect commits an offence if without reasonable excuse he fails to produce the permit on request for inspection by—

a

a constable, or

b

an enforcement officer,

c

an authorised local authority officer.

2

A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

I35321

A permit may not be issued in respect of a vehicle or vessel (or part of a vehicle or vessel).

SCHEDULE 15Private Gaming and Betting

Section 295

Part 1Gaming

Introduction

I8051

Gaming is private if it satisfies the conditions specified in this Part of this Schedule.

I8062

1

It is a condition of private gaming that it is equal chance gaming.

2

But this condition does not apply in relation to domestic or residential gaming.

Privacy

I8095

It is a condition of private gaming that it does not occur in a place to which the public have access (whether or not on payment).

Part 2Betting

Introduction

I8106

Betting is private betting if it is—

a

domestic betting, or

b

workers' betting.

Domestic betting

I8117

1

A betting transaction is domestic betting if made on premises in which each party to the transaction lives.

2

For the purposes of this paragraph a person lives in premises if he habitually resides in any part of the premises (whether or not there are other premises in which he also habitually resides).

Workers' betting

I8128

A betting transaction is workers' betting if made between persons each of whom is employed under a contract of employment with the same employer.

SCHEDULE 16Minor and Consequential Amendments

Section 356

Part 1Minor Amendments

Metropolitan Police Act 1839 (c. 47)

I8131

In section 44 of the Metropolitan Police Act 1839 (refreshment houses)—

a

omit “, or knowingly suffer any unlawful games or any gaming whatsoever therein,”, and

b

in the heading, omit “, or gaming”.

Libraries Offences Act 1898 (c. 53)

I8142

Section 2(3) of the Libraries Offences Act 1898 (offence of annoying library users) shall cease to have effect.

Gaming Act 1968 (c. 65)

3 I1071

The Gaming Act 1968 shall be amended as follows.

I1172

For section 6(2) (premises licensed for the sale of alcohol) substitute—

2
This section applies to any premises in England and Wales—
a
in respect of which a premises licence under Part 3 of the Licensing Act 2003 (c. 17) has effect,
b
which contain a bar at which alcohol is served for consumption on the premises (without a requirement that alcohol is served only with food), and
c
at a time when alcohol may be supplied in reliance on the premises licence under Part 3 of the Licensing Act 2003.

I1073

In section 12(3)—

a

in paragraph (a) the words from “and at that time” to the end of the paragraph shall cease to have effect,

b

in paragraph (b) the words from “and at that time” to the end of the paragraph shall cease to have effect, and

c

in paragraph (c) the words from “and at that time” to the end of the paragraph shall cease to have effect.

I1074

For section 20(5) substitute—

5
Section 12(3) shall not apply in relation to any club to which this section applies.

I1075

In section 31—

a

in subsection (2)(c) for “ten” substitute “ twenty ”,

b

for subsection (3E) substitute—

3E
The initial amount must not exceed the higher of—
a
the highest coin value, or
b
the charge for playing a game once by means of the machine.

c

in subsection (3G) for “the highest coin value” substitute

the higher of—
a
the highest coin value, or
b
the charge for playing a game once by means of the machine.

I1076

In section 51(3) after “regulations” insert “ or an order ”.

I1197

In paragraph 10A(1) of Schedule 9, leave out “sub-paragraph (a) or”.

I1198

After paragraph 10A of Schedule 9 insert—

10AA
A permit in respect of premises to which sub-paragraph (a) of paragraph 1 of this Schedule applies shall be subject to the conditions that a machine must—
a
be located on premises which contain a bar at which alcohol is served for consumption on the premises (without a requirement that alcohol is served only with food), and
b
be made available for use only at a time when alcohol may be supplied in reliance on the premises licence under Part 3 of the Licensing Act 2003.

Chronically Sick and Disabled Persons Act 1970 (c. 44)

I8154

Section 8B(2)(c) of the Chronically Sick and Disabled Persons Act 1970 (report by Secretary of State on access to betting offices) shall cease to have effect.

Part 2Consequential Amendments

Parliamentary Commissioner Act 1967 (c. 13)

I1085

In Schedule 2 to the Parliamentary Commissioner Act 1967 (bodies subject to investigation) for “Gaming Board for Great Britain.” substitute “ Gambling Commission. ”

Superannuation Act 1972 (c. 11)

I1096

In Schedule 1 to the Superannuation Act 1972 (employment to which superannuation schemes may extend) for “Gaming Board for Great Britain.” substitute “ Gambling Commission. ”

House of Commons Disqualification Act 1975 (c. 24)

I1107

In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices) for “The Gaming Board for Great Britain.” substitute “ The Gambling Commission. ”

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

I8168

In section 20(9) of the Local Government (Miscellaneous Provisions) Act 1976 (sanitation) for the definition of “betting office” substitute—

“betting office” means premises, other than a track within the meaning of the Gambling Act 2005, in respect of which a betting premises licence under Part 8 of that Act has effect;

Race Relations Act 1976 (c. 74)

F639

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

London Local Authorities Act 1995 (c. x)

I81710

In section 14 of the London Local Authorities Act 1995 (interpretation of licensing provisions) for the provision excluding premises licensed under Part II of the Gaming Act 1968 substitute: “ does not include premises in respect of which a casino premises licence, bingo premises licence, adult gaming centre premises licence, family entertainment centre premises licence or betting premises licence under Part 8, or a family entertainment centre gaming permit under section 247, of the Gambling Act 2005 has effect; ”.

Employment Rights Act 1996 (c. 18)

I81811

For section 233 of the Employment Rights Act 1996 (betting workers) substitute—

233Betting workers
1
In this Act “betting worker” means an employee who under his contract of employment is or may be required to do betting work.
2
In this Act “betting work” means—
a
work which consists of or includes dealing with betting transactions at a track in England or Wales and which is carried out for a person who holds a general betting operating licence, a pool betting operating licence or a horse-race pool betting operating licence, and
b
work on premises in respect of which a betting premises licence has effect at a time when the premises are used for betting transactions.
3
In subsection (2) “betting transactions” includes the collection or payment of winnings.
4
Expressions used in this section and in the Gambling Act 2005 have the same meaning in this section as in that Act.
5
In this Act—
“notice period”, in relation to an opted-out betting worker, has the meaning given by section 41(3),
“opted-out”, in relation to a betting worker, shall be construed in accordance with section 41(1) and (2),
“opting-in notice”, in relation to a betting worker, has the meaning given by section 36(6),
“opting-out notice”, in relation to a betting worker, has the meaning given by section 40(2), and
“protected”, in relation to a betting worker, shall be construed in accordance with section 36(1) to (5).

Police Act 1997 (c. 50)

I245 I81912

In section 115 of the Police Act 1997 (enhanced criminal record certificates) for subsection (5)(a) to (c) substitute—

a
a process under the Gambling Act 2005

Terrorism Act 2000 (c. 11)

I11113

In paragraph 4 of Schedule 3A to the Terrorism Act 2000 (regulated sector and supervisory authorities) for “Gaming Board for Great Britain” substitute “ Gambling Commission ”.

Regulation of Investigatory Powers Act 2000 (c. 23)

I11214

In paragraph 20A of Schedule 1 to the Regulation of Investigatory Powers Act 2000 (relevant public authorities) for “Gaming Board for Great Britain” substitute “ Gambling Commission ”.

Postal Services Act 2000 (c. 26)

F6615

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Freedom of Information Act 2000 (c. 36)

I11316

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities to which the Act applies) for “Gaming Board of Great Britain” substitute “Gambling Commission”.

Private Security Industry Act 2001 (c. 12)

F2317

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice and Police Act 2001 (c. 16)

I82018

1

In Schedule 1 of the Criminal Justice and Police Act 2001 (seizure powers to which extending provision of section 50 applies)—

a

paragraphs 6, 11 and 20 cease to have effect,

b

at the end of Part 1 (renumbering the entry for the Licensing Act 2003 as paragraph 73E) add—

73FGambling Act 2005
The powers conferred by section 317 of the Gambling Act 2005 (inspection powers).

c

paragraphs 89, 93 and 97 cease to have effect, and

d

at the end of Part 3 (renumbering the entry for the Licensing Act 2003 as paragraph 111) add—

112Gambling Act 2005
The powers conferred by section 317 of the Gambling Act 2005 (inspection powers).

2

For the purposes of the amendments made by this paragraph, the powers in section 317(1)(d), (e) and (f) are powers of seizure.

Proceeds of Crime Act 2002 (c. 29)

I11419

In Part 2 of Schedule 9 to the Proceeds of Crime Act 2002 (supervisory authorities) in paragraph 4(g) for “Gaming Board for Great Britain” substitute “ Gambling Commission ”.

Licensing Act 2003 (c. 17)

I82120

1

The Licensing Act 2003 shall be amended as follows.

2

For section 175 (exemption for raffle, tombola, &c.) substitute—

175Exemption for incidental non-commercial lottery
1
The promotion of a lottery to which this section applies shall not constitute a licensable activity by reason only of one or more of the prizes in the lottery consisting of or including alcohol, provided that the alcohol is in a sealed container.
2
This section applies to an incidental non-commercial lottery (within the meaning of Part 1 of Schedule 11 to the Gambling Act 2005).

3

In paragraph 10(3) of Schedule 1 (provision of regulated entertainment) for “section 22 of the Lotteries and Amusements Act 1976 (c. 32)” substitute “ section 19(3) of the Gambling Act 2005 ”.

4

In Schedule 4 (relevant offences) after paragraph 20 insert—

21
An offence under section 46 of the Gambling Act 2005 if the child or young person was invited, caused or permitted to gamble on premises in respect of which a premises licence under this Act had effect.

Note

I11521

The amendments made by this Schedule are without prejudice to the generality of paragraph 4 of Schedule 5.

I116 I246 I503 I506 I500 I822SCHEDULE 17Repeals

Section 356

Annotations:

Commencement Information

I116

Sch. 17 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I246

Sch. 17 in force at 1.1.2007 for specified purposes by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

I503

Sch. 17 in force at 1.9.2007 for specified purposes by S.I. 2006/3272, art. 4(1) (with art. 4(2)-(5), 7-11, 7-12, Sch. 4)

I506

Sch. 17 in force at 1.9.2007 for specified purposes by S.I. 2006/3272, art. 5(1) (with art. 5(2)-(6), 7-11, 7-12, Sch. 4)

I500

Sch. 17 in force at 1.9.2007 for specified purposes by S.I. 2006/3272, art. 3(1) (with art. 3(2)-(8), 4, 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/2169, art. 4)

I822

Sch. 17 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Enactment	Repeal
Gaming Act 1710 (c. 19)	The whole Act.
Gaming Act 1738 (c. 28)	The whole Act.
Gaming Act 1835 (c. 41)	The whole Act.
Metropolitan Police Act 1839 (c. 47)	The words “, or knowingly suffer any unlawful games or any gaming whatsoever therein,”.
Gaming Act 1845 (c. 109)	The whole Act.
Gaming Act 1892 (c. 9)	The whole Act.
Libraries Offences Act 1898 (c. 53)	Section 2(3).
Betting, Gaming and Lotteries Act 1963 (c. 2)	The whole Act.
Police Act 1964 (c. 48)	In Schedule 9, the entry for the Betting, Gaming and Lotteries Act 1963.
Local Government Act 1966 (c. 42)	In Schedule 3, paragraph 23.
Theft Act 1968 (c. 60)	In Schedule 2, the entry for the Gaming Act 1845.
Gaming Act 1968 (c. 65)	The whole Act.
Decimal Currency Act 1969 (c. 19)	In Schedule 2, paragraph 17.
Family Law Reform Act 1969 (c. 46)	In Schedule 1, the entry for the Betting, Gaming and Lotteries Act 1963.
Chronically Sick and Disabled Persons Act 1970 (c. 44)	Section 8B(2)(c).
Courts Act 1971 (c. 23)	In Schedule 6, paragraph 6. In Schedule 9 a the entry for the Betting, Gaming and Lotteries Act 1963, and b the entry for the Gaming Act 1968.
Local Government Act 1972 (c. 70)	In Schedule 29, paragraph 13.
Gaming (Amendment) Act 1973 (c. 12)	The whole Act.
Lotteries Act 1975 (c. 58)	The whole Act.
Lotteries and Amusements Act 1976 (c. 32)	The whole Act.
Licensing (Scotland) Act 1976 (c. 66)	Section 133.
Criminal Law Act 1977 (c. 45)	In Schedule 1, paragraph 17. In Schedule 6, the entry for the Gaming Act 1968. In Schedule 12, the entry for the Gaming Act 1968.
Gaming (Amendment) Act 1980 (c. 8)	The whole Act.
Local Government, Planning and Land Act 1980 (c. 65)	In Schedule 8, the entry for the Lotteries and Amusements Act 1976.
Supreme Court Act 1981 (c. 54)	In section 28(2)(b), the references to the Betting, Gaming and Lotteries Act 1963 and the Gaming Act 1968.
Betting and Gaming Duties Act 1981 (c. 63)	Sections 9 to 9B.
Gaming (Amendment) Act 1982 (c. 22)	The whole Act.
Criminal Justice Act 1982 (c. 48)	In Schedule 3, the entry for the Betting, Gaming and Lotteries Act 1963.
Lotteries (Amendment) Act 1984 (c. 9)	The whole Act.
Betting, Gaming and Lotteries (Amendment) Act 1984 (c. 25)	The whole Act.
Police and Criminal Evidence Act 1984 (c. 60)	In Schedule 6, paragraph 12.
Companies Consolidation (Consequential Provisions) Act 1985 (c. 9)	In Schedule 2, the entry for the Betting, Gaming and Lotteries Act 1963.
Betting, Gaming and Lotteries (Amendment) Act 1985 (c. 18)	The whole Act.
Gaming (Bingo) Act 1985 (c. 35)	The whole Act.
Local Government Act 1985 (c. 51)	In Schedule 8, paragraph 6.
Social Security Act 1985 (c. 53)	Section 25.
Gaming (Amendment) Act 1986 (c. 11)	The whole Act.
Gaming (Amendment) Act 1987 (c. 11)	The whole Act.
Companies Act 1989 (c. 40)	In Schedule 10, paragraph 25.
Gaming (Amendment) Act 1990 (c. 26)	The whole Act.
Bingo Act 1992 (c. 10)	The whole Act.
National Lottery etc. Act 1993 (c. 39)	Section 2. Section 18(1) to (4). Section 45. Section 46(3). Sections 47 to 59. In Schedule 1, paragraphs 1 and 2. Schedules 7 to 9.
Local Government (Wales) Act 1994 (c. 19)	In Schedule 16, paragraph 50.
Coal Industry Act 1994 (c. 21)	Section 68(2)(d)(iv). In Schedule 9, paragraph 12.
Deregulation and Contracting Out Act 1994 (c. 40)	Section 20.
Civil Evidence Act 1995 (c. 38)	In Schedule 1, paragraph 4.
Employment Rights Act 1996 (c. 18)	In Schedule 1, paragraph 9.
Access to Justice Act 1999 (c. 22)	In Schedule 13, paragraphs 32 to 35.
Financial Services and Markets Act 2000 (c. 8)	In section 412(1) a in paragraph (a), the words “section 18 of the Gaming Act 1845, section 1 of the Gaming Act 1892 or”, and b paragraph (b).
Criminal Justice and Police Act 2001 (c. 16)	Section 63(2)(d). In Schedule 1, paragraphs 6, 11, 20, 89, 93 and 97.
Licensing Act 2003 (c. 17)	In Schedule 6, paragraphs 29 to 31, 48 to 52 and 62 to 66.
Courts Act 2003 (c. 39)	In Schedule 8, paragraphs 113 to 115 and 132.
Criminal Justice Act 2003 (c. 44)	In Schedule 25, paragraph 54.
Note The repeal of section 2 of the National Lottery etc. Act 1993 shall not extend to Northern Ireland.

SCHEDULE 18Transitional

Section 358

Part 1Transitional Continuation of Old Licences, &c.

Introduction

1

In this Part a reference to a commencement order is a reference to an order under section 358(1).

2

This Part is without prejudice to the generality of section 355(1)(c).

Transitional continuation of licences, &c.

2

A commencement order may—

a

provide for a licence or other document issued under an enactment repealed by this Act to have such effect as the order may specify after the commencement of the repeal until a time specified by or determined in accordance with the order;

b

provide for the application of this Act, with any specified modifications, in relation to a licence or document to which paragraph (a) applies;

c

disapply, or modify the application of, a provision of this Act in relation to specified things done in reliance on a licence or document to which paragraph (a) applies.

Transitional protection for casinos below minimum licensable size

3

A commencement order may—

a

disapply section 174(1) in respect of premises that are in use, or could lawfully be used, for the operation of a casino (within the meaning of section 7(1) to (3)) when Part 8 of this Act comes into force;

b

provide for the application of this Act, with any specified modifications, in relation to premises of that kind;

c

disapply, or modify the application of, a provision of this Act in relation to specified things done on or in relation to premises of that kind.

References to procedures under this Act

4

A commencement order may include provision for a reference in this Act or in another enactment to anything done under or by virtue of this Act to be taken, for such transitional purposes as may be specified, as including a reference to a thing done under or by virtue of an enactment repealed by this Act.

Part 2Advance and Interim Applications, and Conversion

Advance applications

5

In this Schedule a reference to an advance application for a licence or permit is a reference to an application made in advance of the commencement of the offence or other provision of this Act in connection with which the licence or permit is required.

6

The Secretary of State may by order—

a

make provision about the making, consideration or determination of an advance application for a licence or permit;

b

make provision about the effect of a licence or permit issued in response to an advance application;

c

require the person to whom an advance application for a licence or permit under this Act is made to determine the application within a specified period;

d

make provision for an advance application for a licence or permit under this Act to be treated as granted (for such purposes, with such effect and for such period as the order may specify) if not determined in accordance with a requirement imposed under paragraph (c).

7

An order under paragraph 6—

a

may make provision about advance applications generally or only if made before a specified date or during a specified period, and

b

may make different provision in relation to different classes of advance application or different classes of activity.

Interim applications

8

The Secretary of State may by order make provision for or about the grant or renewal of a licence or other document, or a registration, under an enactment to be repealed by this Act during a specified period between the passing of this Act and the commencement of the repeal.

Conversion of existing licences, &c.

9

The Secretary of State may by order—

a

make provision for the conversion of a licence or other document under an enactment to be repealed by this Act into a licence or permit under this Act (which may, in particular, include provision requiring a person to whom an advance application is made to grant it in specified circumstances or to a specified extent);

b

make provision for the conversion of registration under an enactment to be repealed by this Act into registration under this Act or into possession of a licence or permit under this Act (which may, in particular, include provision requiring a person to whom an advance application is made to grant it in specified circumstances or to a specified extent).

10

An order under paragraph 9 may provide for conversion of licences, other documents or registrations generally or by reference to—

a

the use made of a licence, document or registration,

b

the age or duration of a licence, document or registration, or

c

any other matter.

Orders: general

11

An order under this Part—

a

may include provision modifying the effect of a provision of this Act or the effect of a provision to be repealed by this Act, and

b

may apply or replicate a provision of this Act with or without modification (including a provision conferring a discretion or providing for the payment of a fee).