Explanatory Notes

Gambling Act 2005

2005 CHAPTER 19

7 April 2005

Territorial Extent

Territorial limits – vessels and aircraft

Schedule 6: Exchange of information: persons and bodies

Part 5: Operating Licences
Section 85: Equipment

262.In issuing an operating licence, the Commission may attach a condition about the amount or specification of equipment to be used in the licensed gambling activities. Such equipment may include computers or devices for playing casino games, but does not include a gaming machine. This ties in with the powers of the Commission to consider the suitability of equipment when considering an application for a licence.

263.The section contains a specific provision for equipment used for playing bingo. Under subsection (2)(a) a condition cannot be attached to a licence about the number of pieces of equipment used for playing bingo. This means that equipment such as “mechanised cash bingo equipment”, used under the Gaming Act 1968 regime, cannot be subject to control about its numbers. It can be subject to licence conditions about its specification under subsection (2)(b), and such specification will enable this equipment to fall outside the definition of gaming machine in Part 10.

264.Similarly, the Commission can use subsection (2)(b) to specify equipment for playing bingo in adult gaming centres or licensed family entertainment centres, (bingo played pursuant to the prize gaming entitlements in Part 13). Where it does so, such equipment will not constitute a gaming machine.