Part 3General offences
Use of premises
I137Use of premises
1
A person commits an offence if he uses premises, or causes or permits premises to be used, to—
a
operate a casino,
b
provide facilities for the playing of bingo,
c
make a gaming machine available for use,
d
provide other facilities for gaming, or
e
provide 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).
2
Subsection (1) does not apply in relation to the use of premises by a person if the use is authorised by a premises licence held by him.
3
Subsection (1) does not apply in relation to the use of premises by a person if he acts in the course of a business carried on by another person who holds a premises licence authorising the use.
4
Subsection (1) does not apply in relation to the use of a track by a person for accepting bets if the use is authorised by a premises licence (whether or not held by him).
5
Subsection (1) does not apply in relation to the use of a casino for the provision of facilities for bingo or betting in accordance with an authorisation under section 174(3).
6
Subsection (1) does not apply in relation to the use of premises to provide facilities which are to be used only by persons who—
a
are acting in the course of a business, or
b
are not on the premises.
7
Other exceptions to subsection (1) are provided in—
a
sections 39 and 40,
b
section 214 (temporary use notice),
c
sections 247, 248 and 249 (gaming machines),
d
sections 269, 271 and 273 (clubs and miners' welfare institutes),
e
sections 279, 282 and 283 (premises with alcohol licence),
f
section 287 (travelling fairs),
g
sections 289 to 292 (prize gaming),
h
section 296 (private gaming and betting), and
i
section 298 (non-commercial gaming).
8
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.
9
In the application of subsection (8) to Scotland the reference to 51 weeks shall have effect as a reference to six months.