Part 5Operating Licences

Rules for particular kinds of licence

93Pool betting operating licence

1

A pool betting operating licence shall, by virtue of this section, be subject to the condition that bets may be accepted on behalf of the licensee only—

a

by the licensee,

b

by a person employed by the licensee under a written contract of employment,

c

by the holder of another pool betting operating licence, or

d

in accordance with subsection (2) or (3).

2

A bet is accepted by a person (“the agent”) on behalf of a licensee in accordance with this subsection if—

a

the agent is authorised by the licensee in writing to accept bets on behalf of the licensee,

b

the agent is an adult,

c

at the time of accepting the bet the agent is on a track,

d

the bet is accepted in reliance on an occasional use notice, and

e

the bet is in connection with a horse-race or a dog race.

3

The holder of a pool betting operating licence that authorises (whether expressly or impliedly) the provision of facilities for football pools may in writing authorise an adult or young person—

a

to make documents or other facilities available in connection with the licensed activities;

b

to receive entries on behalf of the licensee;

c

to receive payments on behalf of the licensee;

d

to make payments of winnings on behalf of the licensee.

4

An authorisation under subsection (3)—

a

shall be treated for the purposes of section 33 as if it were a pool betting operating licence, but

b

shall have no effect in relation to any activity, entry or payment that relates partly to a football pool and partly to another form of gambling.

5

An authorisation under subsection (3) may be issued on terms and conditions which may, in particular, include—

a

provision for payment by the person issuing the authorisation;

b

provision for commission.

6

A condition of a pool betting operating licence (whether attached by virtue of section 75, 77 or 78) may make provision regulating or restricting the activities of persons authorised under subsection (3).

7

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

8

The effect of the term implied by subsection (7) may not be disapplied or restricted by a condition attached under section 75, 77 or 78.

9

The Secretary of State may by order—

a

amend or repeal subsection (2)(e);

b

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.