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.