Gambling Act 2005

Valid from 01/10/2005

Principal concepts E+W+S

1 The licensing objectives E+W+S

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.

2 Licensing authorities E+W+S

(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 constituted under section 1 of the Licensing (Scotland) Act 1976 (c. 66).

(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.

3 Gambling E+W+S

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).

4 Remote gambling E+W+S

(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).

5 Facilities for gambling E+W+S

(1) For the purposes of this Act a person provides facilities for gambling if he—

(a) invites others to gamble in accordance with arrangements made by him,

(b) provides, operates or administers arrangements for gambling by others, or

(c) participates in the operation or administration of gambling by others.

(2) But a person does not provide facilities for gambling for the purposes of this Act by virtue only of—

(a) providing an article other than a gaming machine to a person who intends to use it, or may use it, in the course of any of the activities mentioned in subsection (1)(a) to (c),

(b) providing, otherwise than in the course of providing, operating or administering arrangements for gambling or participating in the operation or administration of gambling, an article to a person who intends to use it, or may use it, for gambling, or

(c) making facilities for remote communication available for use by—

(i) persons carrying on any of those activities, or

(ii) persons gambling in response to or in accordance with any of those activities.

(3) A person provides facilities for gambling (despite subsection (2)(c)) if—

(a) he makes facilities for remote communication available for use,

(b) the facilities are adapted or presented in such a way as to facilitate, or to draw attention to the possibility of, their use for gambling, and

(c) the nature, adaptation or presentation of the facilities is such that—

(i) they cannot reasonably be expected to be used for purposes other than gambling, or

(ii) they are intended to be used wholly or mainly for gambling.

(4) The Secretary of State may by order, for the purposes of subsection (3)(c)—

(a) provide that facilities of a specified nature, or adapted or presented in a specified way, cannot reasonably be expected to be used for purposes other than gambling;

(b) provide that facilities of a specified nature, or adapted or presented in a specified way, can reasonably be expected to be used for purposes other than gambling;

(c) specify criteria by which it is to be determined whether facilities can reasonably be expected to be used for purposes other than gambling;

(d) provide that facilities of a specified nature, or adapted or presented in a specified way, shall be taken as being intended to be used wholly or mainly for gambling;

(e) provide that facilities of a specified nature, or adapted or presented in a specified way, shall be taken as not being intended to be used wholly or mainly for gambling;

(f) specify criteria by which it is to be determined whether facilities are intended to be used wholly or mainly for gambling.