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Gambling Act 2005 2005 c. 19 An Act to make provision about gambling. [7th April 2005] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Propose a changeIn 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.
Propose a change(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 continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 16). (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.
Propose a changeIn 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).
Propose a change(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).
Propose a change(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.
Propose a change(1) In this Act “gaming” means playing a game of chance for a prize. (2) In this Act “game of chance”— (a) includes— (i) a game that involves both an element of chance and an element of skill, (ii) a game that involves an element of chance that can be eliminated by superlative skill, and (iii) a game that is presented as involving an element of chance, but (b) does not include a sport. (3) For the purposes of this Act a person plays a game of chance if he participates in a game of chance— (a) whether or not there are other participants in the game, and (b) whether or not a computer generates images or data taken to represent the actions of other participants in the game. (4) For the purposes of this Act a person plays a game of chance for a prize— (a) if he plays a game of chance and thereby acquires a chance of winning a prize, and (b) whether or not he risks losing anything at the game. (5) In this Act “prize” in relation to gaming (except in the context of a gaming machine)— (a) means money or money's worth, and (b) includes both a prize provided by a person organising gaming and winnings of money staked. (6) The Secretary of State may by regulations provide that a specified activity, or an activity carried on in specified circumstances, is or is not to be treated for the purposes of this Act as— (a) a game; (b) a game of chance; (c) a sport.
Propose a change(1) For the purposes of this Act a casino is an arrangement whereby people are given an opportunity to participate in one or more casino games. (2) In this Act “casino game” means a game of chance which is not equal chance gaming. (3) But the Secretary of State may by regulations provide that a specified activity, or an activity carried on in specified circumstances, is to be or not to be treated as a casino game for the purposes of this Act (and subsection (2) is subject to regulations under this subsection). (4) For the purposes of this section it is immaterial— (a) whether an arrangement is provided on one set of premises or on more than one; (b) whether an arrangement is provided wholly or partly by means of remote communication. (5) The Secretary of State shall make regulations by reference to which any casino may be classified as— (a) a regional casino, (b) a large casino, (c) a small casino, or (d) below the minimum size for a licensed casino. (6) Regulations under subsection (5) may make provision by reference to— (a) the number of gaming tables used or designated for the playing of specified casino games or classes of casino game, (b) the location of gaming tables used or designated for the playing of specified casino games or classes of casino game, (c) the concentration of gaming tables used or designated for the playing of specified casino games or classes of casino game, (d) the floor area used or designated for a specified purpose, (e) any combination of the matters listed in paragraph (a) to (d), or (f) any other matter. (7) Regulations under subsection (5) may— (a) include provision for determining what floor area is to be treated as being used or designated for a purpose; (b) include provision for determining what activities do or do not amount to the playing of a specified casino game or class of casino game; (c) include provision for determining what is or is not to be treated as a gaming table (and, in particular, in what circumstances a number of tables are to be treated as if they were a single gaming table); (d) provide that a gaming table is to be treated as being used or designated only if specified conditions (which may, in particular, relate to purpose of use, extent of use or circumstances of use) are satisfied.
Propose a change(1) For the purposes of this Act gaming is equal chance gaming if— (a) it does not involve playing or staking against a bank, and (b) the chances are equally favourable to all participants. (2) For the purposes of subsection (1) it is immaterial— (a) how a bank is described, and (b) whether or not a bank is controlled or administered by a player.
Propose a change(1) In this Act “betting” means making or accepting a bet on— (a) the outcome of a race, competition or other event or process, (b) the likelihood of anything occurring or not occurring, or (c) whether anything is or is not true. (2) A transaction that relates to the outcome of a race, competition or other event or process may be a bet within the meaning of subsection (1) despite the facts that— (a) the race, competition, event or process has already occurred or been completed, and (b) one party to the transaction knows the outcome. (3) A transaction that relates to the likelihood of anything occurring or not occurring may be a bet within the meaning of subsection (1) despite the facts that— (a) the thing has already occurred or failed to occur, and (b) one party to the transaction knows that the thing has already occurred or failed to occur.
Propose a change(1) For the purposes of section 9(1) “bet” does not include a bet the making or accepting of which is a regulated activity within the meaning of section 22 of the Financial Services and Markets Act 2000 (c. 8). (2) An order under section 22 of that Act which has the effect that a class of bet becomes or ceases to be a regulated activity may, in particular, include transitional provision relating to the application of this Act to that class of bet. (3) This section is subject to section 38(3).
Propose a change(1) For the purposes of section 9(1) a person makes a bet (despite the fact that he does not deposit a stake in the normal way of betting) if— (a) he participates in an arrangement in the course of which participants are required to guess any of the matters specified in section 9(1)(a) to (c), (b) he is required to pay to participate, and (c) if his guess is accurate, or more accurate than other guesses, he is to— (i) win a prize, or (ii) enter a class among whom one or more prizes are to be allocated (whether or not wholly by chance). (2) In subsection (1) a reference to guessing includes a reference to predicting using skill or judgment. (3) Schedule 1 makes further provision about when a person is to be or not to be treated for the purposes of subsection (1)(b) as being required to pay to participate in an arrangement. (4) In subsection (1)(c) “prize” includes any money, articles or services— (a) whether or not described as a prize, and (b) whether or not consisting wholly or partly of money paid, or articles or services provided, by the members of the class among whom the prizes are allocated.
Propose a change(1) For the purposes of this Act betting is pool betting if made on terms that all or part of winnings— (a) shall be determined by reference to the aggregate of stakes paid or agreed to be paid by the persons betting, (b) shall be divided among the winners, or (c) shall or may be something other than money. (2) For the purposes of this Act pool betting is horse-race pool betting if it relates to horse-racing in Great Britain.
Propose a change(1) In this Act “betting intermediary” means a person who provides a service designed to facilitate the making or acceptance of bets between others. (2) For the purposes of this Act acting as a betting intermediary is providing facilities for betting.
Propose a change(1) For the purposes of this Act an arrangement is a lottery, irrespective of how it is described, if it satisfies one of the descriptions of lottery in subsections (2) and (3). (2) An arrangement is a simple lottery if— (a) persons are required to pay in order to participate in the arrangement, (b) in the course of the arrangement one or more prizes are allocated to one or more members of a class, and (c) the prizes are allocated by a process which relies wholly on chance. (3) An arrangement is a complex lottery if— (a) persons are required to pay in order to participate in the arrangement, (b) in the course of the arrangement one or more prizes are allocated to one or more members of a class, (c) the prizes are allocated by a series of processes, and (d) the first of those processes relies wholly on chance. (4) In this Act “prize” in relation to lotteries includes any money, articles or services— (a) whether or not described as a prize, and (b) whether or not consisting wholly or partly of money paid, or articles or services provided, by the members of the class among whom the prize is allocated. (5) A process which requires persons to exercise skill or judgment or to display knowledge shall be treated for the purposes of this section as relying wholly on chance if— (a) the requirement cannot reasonably be expected to prevent a significant proportion of persons who participate in the arrangement of which the process forms part from receiving a prize, and (b) the requirement cannot reasonably be expected to prevent a significant proportion of persons who wish to participate in that arrangement from doing so. (6) Schedule 2 makes further provision about when an arrangement is to be or not to be treated for the purposes of this section as requiring persons to pay. (7) The Secretary of State may by regulations provide that an arrangement of a specified kind is to be or not to be treated as a lottery for the purposes of this Act; and— (a) the power in this subsection is not constrained by subsections (1) to (6) or Schedule 2, and (b) regulations under this subsection may amend other provisions of this section or Schedule 2.
Propose a change(1) Participating in a lottery which forms part of the National Lottery is not gambling for the purposes of this Act (despite section 3(c) but subject to subsections (2) and (3) below). (2) Participating in a lottery which forms part of the National Lottery is gambling for the purposes of— (a) section 42, and (b) section 335. (3) Where participating in a lottery which forms part of the National Lottery would also constitute gaming within the meaning of section 6, it shall be treated as gaming for the purposes of this Act if and only if a person participating in the lottery is required to participate in, or to be successful in, more than three processes before becoming entitled to a prize. (4) Participating in a lottery which forms part of the National Lottery shall not be treated as betting for the purposes of this Act where it would— (a) satisfy the definition of pool betting in section 12, or (b) satisfy the definition of betting in section 9 by virtue of section 11. (5) Schedule 3 shall have effect.
Propose a change(1) This section applies to a transaction which satisfies— (a) the definition of betting in section 9, and (b) the definition of gaming in section 6. (2) A transaction to which this section applies which is pool betting (within the meaning of section 12) shall be treated for the purposes of this Act as betting (and not as gaming). (3) Any other transaction to which this section applies shall be treated for the purposes of this Act as gaming (and not as betting). (4) This section is subject to regulations under section 6(6).
Propose a change(1) This section applies to an arrangement which satisfies— (a) the definition of a game of chance in section 6, and (b) the definition of a lottery in section 14. (2) An arrangement to which this section applies shall be treated for the purposes of this Act as a game of chance (and not as a lottery) if a person who pays in order to join the class amongst whose members prizes are allocated is required to participate in, or to be successful in, more than three processes before becoming entitled to a prize. (3) An arrangement to which this section applies shall, subject to subsection (2), be treated for the purposes of this Act as a lottery (and not as a game of chance) if— (a) it satisfies paragraph 1(1)(a) and (b) of Schedule 11, (b) it satisfies paragraph 10(1)(a) and (b) of Schedule 11, (c) it satisfies paragraph 11(1)(a) and (b) of Schedule 11, (d) it satisfies paragraph 12(1)(a) and (b) of Schedule 11, (e) it satisfies paragraph 20(1)(a) and (b) of Schedule 11, (f) it satisfies paragraph 30(1)(a) and (b) of Schedule 11, or (g) it is promoted in reliance on a lottery operating licence. (4) Any other arrangement to which this section applies shall be treated for the purposes of this Act as a game of chance (and not as a lottery). (5) This section is subject to regulations under section 6(6) or 14(7).
Propose a change(1) This section applies to a transaction which satisfies the definition of participating in a lottery in section 14 and also— (a) satisfies the definition of pool betting in section 12, or (b) satisfies the definition of betting in section 9 by virtue of section 11. (2) A transaction to which this section applies shall be treated for the purposes of this Act as participating in a lottery (and not as betting) if— (a) it satisfies paragraph 1(1)(a) and (b) of Schedule 11, (b) it satisfies paragraph 10(1)(a) and (b) of Schedule 11, (c) it satisfies paragraph 11(1)(a) and (b) of Schedule 11, (d) it satisfies paragraph 12(1)(a) and (b) of Schedule 11, (e) it satisfies paragraph 20(1)(a) and (b) of Schedule 11, (f) it satisfies paragraph 30(1)(a) and (b) of Schedule 11, or (g) it is promoted in reliance on a lottery operating licence. (3) Any other transaction to which this section applies shall be treated for the purposes of this Act as betting (and not as participating in a lottery). (4) This section is subject to regulations under section 14(7).
Propose a change(1) For the purposes of this Act a society is non-commercial if it is established and conducted— (a) for charitable purposes, (b) for the purpose of enabling participation in, or of supporting, sport, athletics or a cultural activity, or (c) for any other non-commercial purpose other than that of private gain. (2) In subsection (1) “charitable purposes” means— (a) in relation to England and Wales, purposes which are exclusively charitable purposes (as defined by section 2 of the Charities Act 2011) , and (b) in relation to Scotland, purposes which are charitable purposes only (that expression having the same meaning as in the Income Tax Acts). (3) The provision of a benefit to one or more individuals is not a provision for the purpose of private gain for the purposes of this Act if made in the course of the activities of a society that is a non-commercial society by virtue of subsection (1)(a) or (b).
Propose a change(1) There shall be a body corporate to be known as the Gambling Commission. (2) Schedule 4 (which makes provision about the constitution and proceedings of the Commission) shall have effect.
Propose a change(1) Section 10 of and Schedule 1 to the Gaming Act 1968 (c. 65) (Gaming Board for Great Britain) shall cease to have effect. (2) The functions, rights and liabilities of the Gaming Board for Great Britain shall on commencement become functions, rights and liabilities of the Gambling Commission. (3) The persons who immediately before commencement are the members of the Gaming Board for Great Britain shall be treated as if on commencement they were appointed as commissioners of the Gambling Commission under paragraph 1 of Schedule 4 to this Act. (4) The person who immediately before commencement is the chairman of the Gaming Board for Great Britain shall be treated as if on commencement he were appointed as the chairman of the Gambling Commission under paragraph 1 of Schedule 4 to this Act. (5) In this section “commencement” means the coming into force of this section. (6) Schedule 5 (which makes supplementary provision in relation to the transfer of functions and property from the Gaming Board to the Gambling Commission) shall have effect.
Propose a changeIn exercising its functions under this Act the Commission shall aim— (a) to pursue, and wherever appropriate to have regard to, the licensing objectives, and (b) to permit gambling, in so far as the Commission thinks it reasonably consistent with pursuit of the licensing objectives.
Propose a change(1) The Commission shall prepare a statement setting out the principles to be applied by it in exercising its functions under this Act. (2) The statement under this section shall, in particular, explain how the principles to be applied are expected to assist the Commission in its pursuit of the licensing objectives. (3) The Commission shall— (a) review the statement from time to time, and (b) revise the statement when the Commission thinks it appropriate. (4) The Commission shall as soon as is reasonably practicable publish— (a) the statement, and (b) any revision. (5) Before issuing or revising a statement under this section the Commission shall consult— (a) the Secretary of State, (b) Her Majesty's Commissioners of Customs and Excise, (c) one or more persons who appear to the Commission to represent local authorities (including, in Scotland, licensing boards), (d) one or more persons who appear to the Commission to represent chief constables of police forces, (da) the chief constable of the Police Service of Scotland, (e) one or more persons who appear to the Commission to represent the interests of persons carrying on gambling businesses, (f) one or more persons who appear to the Commission to have knowledge about social problems relating to gambling, and (g) to such extent and in such manner as the Commission thinks appropriate, members of the public.
Propose a change(1) The Commission shall issue one or more codes of practice about the manner in which facilities for gambling are provided (whether by the holder of a licence under this Act or by another person). (2) In particular, a code shall describe arrangements that should be made by a person providing facilities for gambling for the purposes of— (a) ensuring that gambling is conducted in a fair and open way, (b) protecting children and other vulnerable persons from being harmed or exploited by gambling, and (c) making assistance available to persons who are or may be affected by problems related to gambling. (3) A code may include provision about how facilities for gambling are advertised or described. (4) A code may be revised or revoked by the Commission. (5) A code, and any revision, must state when it comes into force. (6) The Commission shall publish a code and any revision in a manner which the Commission thinks likely to bring it to the attention of those whose activities it concerns. (7) The Commission may make different provision under this section for different cases or circumstances (whether or not by way of separate codes of practice). (8) A failure to comply with a provision of a code shall not of itself make a person liable to criminal or civil proceedings; but this subsection is subject to any provision of or by virtue of this Act making an exception to an offence dependent on compliance with a code. (9) But a code— (a) shall be admissible in evidence in criminal or civil proceedings, (b) shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant, and (c) shall be taken into account by the Commission in the exercise of a function under this Act. (10) Before issuing or revising a code under this section the Commission shall consult— (a) the Secretary of State, (b) Her Majesty's Commissioners of Customs and Excise, (c) one or more persons who appear to the Commission to represent the interests of persons who— (i) carry on gambling businesses, and (ii) are likely to be affected by the code or revision, (d) one or more persons who appear to the Commission to have knowledge about social problems relating to gambling, and (e) in the case of a code including provision by virtue of subsection (3), one or more persons who appear to the Commission to have a relevant responsibility for regulating the advertising industry. (11) Before issuing or revising a code under this section the Commission shall also consult, if and to the extent that the Commission thinks appropriate having regard to the nature of the code or revision— (a) one or more persons who appear to the Commission to represent local authorities (including, in Scotland, licensing boards), (b) one or more persons who appear to the Commission to represent chief constables of police forces, (ba) the chief constable of the Police Service of Scotland, (c) one or more persons who appear to the Commission to represent the interests of persons carrying on gambling businesses (apart from those consulted under subsection (10)(c)), and (d) in such manner as the Commission thinks appropriate, members of the public.
Propose a change(1) The Commission shall from time to time issue guidance as to— (a) the manner in which local authorities are to exercise their functions under this Act, and (b) in particular, the principles to be applied by local authorities in exercising functions under this Act. (2) A local authority shall have regard to guidance issued under subsection (1). (3) The Commission shall publish guidance issued under subsection (1). (4) Before issuing guidance under subsection (1) the Commission shall consult— (a) the Secretary of State, (b) Her Majesty's Commissioners of Customs and Excise, (c) the Scottish Ministers, (d) one or more persons who appear to the Commission to represent local authorities, (e) one or more persons who appear to the Commission to represent the interests of persons carrying on gambling businesses, and (f) one or more persons who appear to the Commission to have knowledge about social problems relating to gambling. (5) Before issuing guidance under subsection (1) the Commission shall also consult, if and to the extent that the Commission thinks appropriate having regard to the nature of the guidance— (a) one or more persons who appear to the Commission to represent chief constables of police forces, ... (aa) the chief constable of the Police Service of Scotland, and (b) in such manner as the Commission thinks appropriate, members of the public. (6) In this section “local authority” means— (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, (v) the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple, and (vi) 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 continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 16) .
Propose a change(1) The Commission shall give advice to the Secretary of State about— (a) the incidence of gambling, (b) the manner in which gambling is carried on, (c) the effects of gambling, and (d) the regulation of gambling. (2) Advice under this section shall be given— (a) in response to a request from the Secretary of State, and (b) on such other occasions as the Commission thinks appropriate. (3) The Commission shall send a copy of any advice under this section to the Scottish Ministers.
Propose a changeThe Commission may undertake activities for the purpose of assessing— (a) compliance with provision made by or by virtue of this Act; (b) whether an offence is being committed under or by virtue of this Act.
Propose a change(1) The Commission— (a) may investigate whether an offence has been committed under this Act, and (b) may institute criminal proceedings in respect of an offence under this Act. (2) The power in subsection (1)(a) may be exercised whether in response to information received by the Commission or otherwise. (3) Subsection (1)(b) shall not apply in relation to the institution of proceedings in Scotland.
Propose a change(1) The Commission may require a licensing authority to provide information that— (a) forms part of a register maintained by the authority under this Act, or (b) is in the possession of the authority in connection with a provision of this Act. (2) A requirement under subsection (1) may include a requirement for information to be— (a) compiled or collated in a specified manner; (b) provided in a specified form. (3) A licensing authority shall comply with a requirement under this section.
Propose a change(1) The Commission may provide information received by it in the exercise of its functions to any of the persons or bodies listed in Schedule 6— (a) for use in the exercise of the person's or body's functions, or (b) for the purpose of a function of the Commission. (2) Any of the persons or bodies listed in Part 1 or 2 of Schedule 6 may provide to the Commission, for use in the exercise of its functions, information received by the person or body in the exercise of his or its functions. (3) The Commission may provide information received by it in the exercise of its functions to the Comptroller and Auditor General for use in the exercise of his functions under Part 2 of the National Audit Act 1983 (c. 44). (4) The Commission may provide information received by it in the exercise of its functions to a person if the provision is for the purpose of— (a) a criminal investigation (whether in the United Kingdom or elsewhere), or (b) criminal proceedings (whether in the United Kingdom or elsewhere). (5) Note 2 to Schedule 6 shall not apply to the provision of information under subsection (3). (6) Provision of information in reliance on this section may be subject to conditions (whether as to use, storage, disposal or otherwise). (7) The Commission may charge a fee for the provision of information under subsection (1)(a). (8) This section is subject to section 352. (9) Nothing in this section authorises— (a) the Commission to provide to the Commissioners for Her Majesty’s Revenue and Customs information received by it in the exercise of its national lottery functions, or (b) the Commissioners for Her Majesty’s Revenue and Customs to provide information to the Commission for use in the exercise of its national lottery functions; and for these purposes “national lottery functions” has the meaning given by section 4B(6) of the National Lottery etc. Act 1993 (disclosure of information between the Commission and the Commissioners for Her Majesty’s Revenue and Customs).
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Propose a change(1) If in the course of the exercise of its functions the Gambling Commission becomes aware of a matter about which the Commissioners of Customs and Excise are likely to have an opinion, the Gambling Commission shall consult the Commissioners of Customs and Excise. (2) The Gambling Commission shall comply with any direction of the Secretary of State (which may be general or specific) to consult the Commissioners of Customs and Excise.
Propose a change(1) A person commits an offence if he provides facilities for gambling unless— (a) an exception provided for in subsection (2) or (3) applies, or (b) an exception provided for by any of the following provisions applies— (i) sections 34 and 35, (ii) sections 269 and 271 (clubs and miners' welfare institutes), (iii) section 279 (premises with alcohol licence), (iv) sections 289 to 292 (prize gaming), (v) section 296 (private gaming and betting), and (vi) section 298 (non-commercial gaming). (2) Subsection (1) does not apply to any activity by a person if— (a) he holds an operating licence authorising the activity, and (b) the activity is carried on in accordance with the terms and conditions of the licence. (3) Subsection (1) does not apply to any activity by a person if— (a) he acts in the course of a business carried on by a person who holds an operating licence authorising the activity, and (b) the activity is carried on in accordance with the terms and conditions of the licence. (3A) Section 36(3A) limits the application of this section in cases involving the use in Great Britain of certain facilities for remote gambling. (4) 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. (5) In the application of subsection (4) to Scotland the reference to 51 weeks shall have effect as a reference to six months.
Propose a changeSection 33 shall not apply to the provision of facilities for a lottery.
Propose a changeSection 33 shall not apply to making a gaming machine available for use.
Propose a change(1) For the purposes of section 33 it is immaterial whether facilities are provided— (a) wholly or partly by means of remote communication; (b) subject to subsections (2) and (3), inside the United Kingdom, outside the United Kingdom, or partly inside and partly outside. (2) Section 33 applies to the provision of facilities for non-remote gambling only if anything done in the course of the provision of the facilities is done in Great Britain. (3) Section 33 applies to the provision of facilities for remote gambling only if at least one piece of remote gambling equipment used in the provision of the facilities is situated in Great Britain (but whether or not the facilities are provided for use wholly or partly in the United Kingdom). (3) Section 33 applies to the provision of facilities for remote gambling only if— (a) at least one piece of remote gambling equipment used in the provision of the facilities is situated in Great Britain, or (b) no such equipment is situated in Great Britain but the facilities are used there. (3A) In a case within subsection (3)(b), the person providing the facilities commits an offence under section 33 only if the person knows or should know that the facilities are being used, or are likely to be used, in Great Britain. (4) In this Act “remote gambling equipment” means, subject to subsection (5), electronic or other equipment used by or on behalf of a person providing facilities for remote gambling— (a) to store information relating to a person's participation in the gambling, (b) to present, to persons who are participating or may participate in the gambling, a virtual game, virtual race or other virtual event or process by reference to which the gambling is conducted, (c) to determine all or part of a result or of the effect of a result, or (d) to store information relating to a result. (5) In this Act “remote gambling equipment” does not include equipment which— (a) is used by a person to take advantage of remote gambling facilities provided by another person, and (b) is not provided by that other person.
Propose a change(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.
Propose a change(1) The Secretary of State may by order amend section 37(1) so as to— (a) add a gambling activity, (b) remove a gambling activity, or (c) vary the entry for a gambling activity. (2) In subsection (1) “gambling activity” means an activity that is— (a) a kind of gambling, or (b) the provision of facilities for a kind of gambling. (3) In particular, an order under subsection (1) may have the effect of applying section 37(1) to betting of the kind referred to in section 10(1) (subject to any specified exceptions). (4) An order under subsection (1) may, in particular, make consequential amendment of— (a) section 150; (b) another provision of Part 8; (c) any provision of this Act, or of another enactment, that relates to Part 8.
Propose a change(1) A person who accepts bets on a track, or who causes or permits premises to be used for the acceptance of bets, does not commit an offence under section 37 if— (a) a notice has been given under this section in respect of the track, and (b) the activity is carried on in accordance with the notice. (2) A notice under this section (an “occasional use notice”) in respect of a track may be given only by a person who is— (a) responsible for the administration of events on the track, or (b) an occupier of the track. (3) An occasional use notice must— (a) be given in writing to the licensing authority for any area in which the track is wholly or partly situated, and (b) be copied to either— (i) in England and Wales, the chief officer of police for any area in which the track is wholly or partly situated, or (ii) in Scotland, the chief constable of the police force maintained for the police area comprising that area. (4) An occasional use notice must specify a day on which it has effect. (5) An occasional use notice may not be given in respect of a track for a day in a calendar year if eight occasional use notices have been given in respect of that track for days in that year. (6) In this section— (a) “chief officer of police” has the meaning given by section 101(1) of the Police Act 1996 (c. 16), and (b) a reference to a chief officer's area is a reference to the area in respect of which he has responsibility under that Act. (7) The Secretary of State may by order amend subsection (5) so as to substitute a different maximum number of occasional use notices for a calendar year. (8) An order under subsection (7) increasing the maximum number of occasional use notices for a calendar year may also make provision prohibiting the giving of a temporary use notice in a calendar year in respect of premises if a specified number of occasional use notices have been given in respect of the premises in that year.
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