Law

Gambling Act 2005

United Kingdom · statute

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In force since 2025-07-22, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 381 provisions
  1. Title and introductory text
  2. 1 The licensing objectives
  3. 2 Licensing authorities
  4. 3 Gambling
  5. 4 Remote gambling
  6. 5 Facilities for gambling
  7. 6 Gaming & game of chance
  8. 7 Casino
  9. 8 Equal chance gaming
  10. 9 Betting: general
  11. 10 Spread bets, &c.
  12. 11 Betting: prize competitions
  13. 12 Pool betting
  14. 13 Betting intermediary
  15. 14 Lottery
  16. 15 National Lottery
  17. 16 Betting and gaming
  18. 17 Lotteries and gaming
  19. 18 Lotteries and betting
  20. 19 Non-commercial society
  21. 20 Establishment of the Commission
  22. 21 Gaming Board: transfer to Commission
  23. 22 Duty to promote the licensing objectives
  24. 23 Statement of principles for licensing and regulation
  25. 24 Codes of practice
  26. 25 Guidance to local authorities
  27. 26 Duty to advise Secretary of State
  28. 27 Compliance
  29. 28 Investigation and prosecution of offences
  30. 29 Licensing authority information
  31. 30 Other exchange of information
  32. 31 Consultation with National Lottery Commission
  33. 32 Consultation with Commissioners of Customs and Excise
  34. 33 Provision of facilities for gambling
  35. 34 Exception: lotteries
  36. 35 Exception: gaming machines
  37. 36 Territorial application
  38. 37 Use of premises
  39. 38 Power to amend section 37
  40. 39 Exception: occasional use notice
  41. 40 Exception: football pools
  42. 41 Gambling software
  43. 42 Cheating
  44. 43 Chain-gift schemes
  45. 44 Provision of unlawful facilities abroad
  46. 45 Meaning of “child” and “young person”
  47. 46 Invitation to gamble
  48. 47 Invitation to enter premises
  49. 48 Gambling
  50. 49 Entering premises
  51. 50 Provision of facilities for gambling
  52. 51 Employment to provide facilities for gambling
  53. 52 Employment for lottery or football pools
  54. 53 Employment on bingo and club premises
  55. 54 Employment on premises with gaming machines
  56. 55 Employment in casino, &c.
  57. 56 Invitation to participate in lottery
  58. 57 Invitation to participate in football pools
  59. 58 Return of stake
  60. 59 Age limit for Category D gaming machines
  61. 60 Temporary use notice
  62. 61 Employment
  63. 62 Penalty
  64. 63 Reasonable belief about person's age
  65. 64 Use of children in enforcement operations
  66. 65 Nature of licence
  67. 66 Form of licence
  68. 67 Remote gambling
  69. 68 Combined licence
  70. 69 Application
  71. 70 Consideration of application: general principles
  72. 71 Consideration of application: criminal record
  73. 72 Consideration of application: demand
  74. 73 Procedure
  75. 74 Determination of application
  76. 75 General conditions imposed by Commission
  77. 76 General conditions: procedure
  78. 77 Individual condition imposed by Commission
  79. 78 Condition imposed by Secretary of State
  80. 79 Scope of powers to attach conditions
  81. 80 Requirement for personal licence
  82. 81 Credit and inducements
  83. 82 Compliance with code of practice
  84. 83 Return of stakes to children
  85. 84 Premises
  86. 85 Equipment
  87. 86 Gaming machines
  88. 87 Membership
  89. 88 Information
  90. 89 Remote operating licence
  91. 90 Casino operating licence
  92. 91 Bingo operating licence
  93. 92 General betting operating licence
  94. 93 Pool betting operating licence
  95. 94 Horse-race pool betting operating licence
  96. 95 Betting on the National Lottery
  97. 96 Gaming machine technical operating licence: standards
  98. 97 Gambling software operating licence: standards
  99. 98 Lottery operating licences
  100. 99 Mandatory conditions of lottery operating licence
  101. 100 Annual fee
  102. 101 Change of circumstance
  103. 102 Change of corporate control
  104. 103 Section 102: supplemental
  105. 104 Application to vary licence
  106. 105 Amendment
  107. 106 Register of operating licences
  108. 107 Copy of licence
  109. 108 Production of licence
  110. 109 Conviction
  111. 110 Indefinite duration
  112. 111 Power to limit duration
  113. 112 Renewal of licence
  114. 113 Surrender
  115. 114 Lapse
  116. 115 Forfeiture
  117. 116 Review
  118. 117 Regulatory powers
  119. 118 Suspension
  120. 118A Reinstatement
  121. 119 Revocation
  122. 120 Conditions for suspension or revocation
  123. 121 Financial penalty
  124. 122 Information
  125. 123 Levy
  126. 124 Directions and requirements
  127. 125 Relevant offence: disapplication of rehabilitation
  128. 126 Interpretation
  129. 127 Nature of personal licence
  130. 128 Application of provisions of Part 5
  131. 129 Exemption for small-scale operators
  132. 130 Application
  133. 131 Duration
  134. 132 Fees
  135. 133 Multiple licences
  136. 134 Production of licence
  137. 135 Review
  138. 136 Disqualification
  139. 137 Notification of operating licensee
  140. 138 Conviction
  141. 139 Breach of personal licence condition
  142. 140 Definition of “the Tribunal”
  143. 141 Appeal to Tribunal
  144. 142 Timing
  145. 143 Appeal from Tribunal
  146. 144 Powers of Tribunal
  147. 145 Stay pending appeal
  148. 146 Tribunal Procedure Rules
  149. 147 Fees
  150. 148 Legal assistance
  151. 149 Enforcement of costs orders
  152. 150 Nature of licence
  153. 151 Form of licence
  154. 152 Combined licence, &c.
  155. 153 Principles to be applied
  156. 154 Delegation of licensing authority functions: England and Wales
  157. 155 Delegation of functions under Part 8: Scotland
  158. 156 Register
  159. 157 Responsible authorities
  160. 158 Interested party
  161. 159 Making of application
  162. 160 Notice of application
  163. 161 Representations
  164. 162 Requirement for hearing
  165. 163 Determination of application
  166. 164 Grant of application
  167. 165 Rejection of application
  168. 166 Resolution not to issue casino licences
  169. 167 Mandatory conditions
  170. 168 Default conditions
  171. 169 Conditions imposed or excluded by licensing authority
  172. 170 Membership
  173. 171 Stakes, &c.
  174. 172 Gaming machines
  175. 173 Virtual gaming
  176. 174 Casino premises licence
  177. 175 Casino premises licence: overall limits
  178. 176 Casino premises licence: access by children
  179. 177 Credit
  180. 178 Door supervision
  181. 179 Pool betting on track
  182. 180 Pool betting on dog races
  183. 181 Betting machines
  184. 182 Exclusion of children from track areas
  185. 183 Christmas Day
  186. 184 Annual fee
  187. 185 Availability of licence
  188. 186 Change of circumstance
  189. 187 Application to vary licence
  190. 188 Transfer
  191. 189 Transfer: supplemental
  192. 190 Copy of licence
  193. 191 Initial duration
  194. 192 Surrender
  195. 193 Revocation for failure to pay fee
  196. 194 Lapse
  197. 195 Reinstatement
  198. 196 Reinstatement: supplemental
  199. 197 Application for review
  200. 198 Rejection of application
  201. 199 Grant of application
  202. 200 Initiation of review by licensing authority
  203. 201 Review
  204. 202 Action following review
  205. 203 Determination
  206. 204 Application
  207. 205 Effect
  208. 206 Rights of appeal
  209. 207 Process
  210. 208 Stay pending appeal
  211. 209 Further appeal
  212. 210 Planning permission
  213. 211 Vehicles and vessels
  214. 212 Fees
  215. 213 Interpretation
  216. 214 Exception to offence of using premises for gambling
  217. 215 Nature of notice
  218. 216 Form of notice
  219. 217 Effect of notice
  220. 218 Maximum permitted period
  221. 219 Giving notice
  222. 220 Acknowledgment of notice
  223. 221 Objections
  224. 222 Hearing of objections
  225. 223 Modification by agreement
  226. 224 Counter-notice
  227. 225 Dismissal of objection
  228. 226 Appeal
  229. 227 Endorsement of notice
  230. 228 Consideration by licensing authority: timing
  231. 229 Availability of notice
  232. 230 Withdrawal of notice
  233. 231 Vehicles and vessels
  234. 232 Delegation of licensing authority functions: England and Wales
  235. 233 Delegation of functions under Part 9: Scotland
  236. 234 Register
  237. 235 Gaming machine
  238. 236 Gaming machines: Categories A to D
  239. 237 Adult gaming centre
  240. 238 Family entertainment centre
  241. 239 Prize
  242. 240 Use of machine
  243. 241 Supply, &c.
  244. 242 Making machine available for use
  245. 243 Manufacture, supply, &c.
  246. 244 Linked machines
  247. 246 Penalty
  248. 247 Family entertainment centre gaming machine permit
  249. 248 No prize
  250. 249 Limited prize
  251. 250 Single-machine supply and maintenance permits
  252. 251 Territorial application
  253. 252 Promoting a lottery
  254. 253 Lottery ticket
  255. 254 Proceeds and profits
  256. 255 Draw
  257. 256 Rollover
  258. 257 External lottery manager
  259. 258 Promotion of lottery
  260. 259 Facilitating a lottery
  261. 260 Misusing profits of lottery
  262. 261 Misusing profits of exempt lottery
  263. 262 Small society lottery: breach of condition
  264. 263 Penalty
  265. 264 Exclusion of the National Lottery
  266. 265 Territorial application
  267. 266 Members' club
  268. 267 Commercial club
  269. 268 Miners' welfare institute
  270. 269 Exempt gaming
  271. 270 Section 269: supplementary
  272. 271 Club gaming permit
  273. 272 Section 271: supplementary
  274. 273 Club machine permit
  275. 274 Procedure, &c.
  276. 275 Bingo
  277. 276 Interpretation
  278. 277 Alcohol licence
  279. 278 Application of sections 279 to 284
  280. 279 Exempt gaming
  281. 280 Section 279: supplementary
  282. 281 Bingo
  283. 282 Gaming machines: automatic entitlement
  284. 283 Licensed premises gaming machine permits
  285. 284 Removal of exemption
  286. 285 Permits
  287. 286 Interpretation: travelling fair
  288. 287 Gaming machines
  289. 288 Meaning of “prize gaming”
  290. 289 Prize gaming permits
  291. 290 Gaming and entertainment centres
  292. 291 Bingo halls
  293. 292 Fairs
  294. 293 Conditions for prize gaming
  295. 294 Power to restrict exemptions
  296. 295 Interpretation
  297. 296 Exceptions to offences
  298. 297 Interpretation
  299. 298 Exceptions to offences
  300. 299 Conditions for non-commercial prize gaming
  301. 300 Conditions for non-commercial equal-chance gaming
  302. 301 Misusing profits of non-commercial prize gaming
  303. 302 Non-commercial betting
  304. 303 Enforcement officers
  305. 304 Authorised persons
  306. 305 Compliance
  307. 306 Suspected offence
  308. 307 Inspection of gambling
  309. 308 Operating licence holders
  310. 309 Family entertainment centres
  311. 310 Premises licensed for alcohol
  312. 311 Prize gaming permit
  313. 312 Clubs
  314. 313 Licensed premises
  315. 314 Lotteries: registered societies
  316. 315 Temporary use notice
  317. 316 Authorisations: production on demand
  318. 317 Powers
  319. 318 Dwellings
  320. 319 Records
  321. 320 Timing
  322. 321 Evidence of authorisation
  323. 322 Information
  324. 323 Use of force
  325. 324 Person accompanying inspector, &c.
  326. 325 Securing premises after entry
  327. 326 Obstruction
  328. 327 Meaning of “advertising”
  329. 328 Regulations
  330. 329 Broadcasting
  331. 330 Unlawful gambling
  332. 331 Foreign gambling
  333. 332 Territorial application: non-remote advertising
  334. 333 Territorial application: remote advertising
  335. 334 Repeal of provisions preventing enforcement
  336. 335 Enforceability of gambling contracts
  337. 336 Power of Gambling Commission to void bet
  338. 337 Section 336: supplementary
  339. 338 Interim moratorium
  340. 339 Prize competitions
  341. 340 Foreign betting
  342. 341 Offence committed by body
  343. 342 False information
  344. 343 Value of prize
  345. 344 Participation fees
  346. 345 Forfeiture
  347. 346 Prosecution by licensing authority
  348. 347 Prosecution: time limit
  349. 348 Excluded premises
  350. 349 Three-year licensing policy
  351. 350 Exchange of information
  352. 351 Power to amend Schedule 6
  353. 352 Data protection
  354. 352A Wrongful disclosure
  355. 353 Interpretation
  356. 354 Crown application
  357. 355 Regulations, orders and rules
  358. 356 Amendments and repeals
  359. 357 Money
  360. 358 Commencement
  361. 359 Vessels: territorial limitations
  362. 360 Aircraft: territorial limitations
  363. 361 Extent
  364. 362 Short title
  365. SCHEDULE 1 Betting: Prize Competitions: Definition of Payment to Enter
  366. SCHEDULE 2 Lotteries: Definition of Payment to Enter
  367. SCHEDULE 3 Amendment of National Lottery etc. Act 1993 (c. 39)
  368. SCHEDULE 4 The Gambling Commission
  369. SCHEDULE 5 Transfer from Gaming Board to Gambling Commission: Supplementary Provision
  370. SCHEDULE 6 Exchange of Information: Persons and Bodies
  371. SCHEDULE 7 Relevant Offences
  372. SCHEDULE 9 Applications for Casino Premises Licences
  373. SCHEDULE 10 Family Entertainment Centre Gaming Machine Permits
  374. SCHEDULE 11 Exempt Lotteries
  375. SCHEDULE 12 Club Gaming Permits and Club Machine Permits
  376. SCHEDULE 13 Licensed Premises Gaming Machine Permits
  377. SCHEDULE 14 Prize Gaming Permits
  378. SCHEDULE 15 Private Gaming and Betting
  379. SCHEDULE 16 Minor and Consequential Amendments
  380. SCHEDULE 17 Repeals
  381. SCHEDULE 18 Transitional

Proposed changes to this act

No one has proposed a change to this act yet.

381 provisions

239 Prize

In this Act “prize” in relation to a gaming machine— (a) includes any money, article, right or service won, whether or not described as a prize, but (b) does not include an opportunity to play the machine again.

Propose a change

240 Use of machine

(1) The Secretary of State may make regulations controlling the circumstances in which a gaming machine is made available for use. (2) Regulations under subsection (1) may, in particular, make provision by reference to— (a) the method by which stakes may be deposited or payments made for the use of a machine; (b) the nature of, or arrangements in respect of receiving or claiming, prizes; (c) rollover of stakes or prizes; (d) the proportion of amounts staked or paid that is returned by way of prizes; (e) the display of information; (f) any other matter relating to the manner in which a machine operates. (3) Regulations under subsection (1) may identify matters (whether or not addressed by other provisions of the regulations) as to which a condition may not be attached to an operating licence or to a premises licence.

Propose a change

241 Supply, &c.

(1) The Secretary of State may make regulations about the supply, installation, adaptation, maintenance or repair of a gaming machine or part of a gaming machine. (2) Regulations under subsection (1) may identify matters (whether or not addressed by other provisions of the regulations) as to which a condition may not be attached to an operating licence or to a premises licence.

Propose a change

242 Making machine available for use

(1) A person commits an offence if he makes a gaming machine available for use by another unless— (a) he makes the machine available for use in accordance with an operating licence, or (b) an exception in section 247, 248, 249, 271, 273, 282, 283 or 287 applies. (2) A person commits an offence if he makes a gaming machine available for use in contravention of regulations under section 240.

Propose a change

243 Manufacture, supply, &c.

(1) A person commits an offence if he manufactures, supplies, installs, adapts, maintains or repairs a gaming machine or part of a gaming machine unless— (a) he acts in accordance with an operating licence, or (b) an exception in or under section 248 or 250 applies. (2) A person commits an offence if he— (a) supplies, installs, adapts, maintains or repairs a gaming machine or part of a gaming machine, and (b) fails to comply with a provision of regulations under section 241. (3) Subsections (1) and (2) do not apply to the supply of a gaming machine, or part of a gaming machine— (a) as scrap (without any element of salvage), or (b) incidental to the sale or letting of property on which the machine has previously been used in reliance on a provision of this Act.

Propose a change

244 Linked machines

(1) A person commits an offence if— (a) he makes a gaming machine (“the first gaming machine”) available for use by another, and (b) the amount or value of a prize available through use of the first gaming machine is or may be wholly or partly determined by reference to use made of another gaming machine (“the linked gaming machine”). (2) But subsection (1) does not apply where— (a) the person who makes the first gaming machine available for use is the holder of a casino premises licence, and (b) the first gaming machine and the linked gaming machine are situated on the same premises. (3) The Secretary of State may by order amend, or modify the effect of, subsection (2) so that subsection (1) is disapplied to the linking of machines in casinos whether or not the machines are situated on the same premises— (a) to such extent as the order may specify, (b) in such circumstances as the order may specify, and (c) subject to such conditions as the order may specify.

Propose a change

246 Penalty

(1) A person guilty of an offence under this Part 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. (2) In the application of subsection (1) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

Propose a change

247 Family entertainment centre gaming machine permit

(1) A person does not commit an offence under section 37 or 242 if he makes a Category D gaming machine available for use in accordance with a family entertainment centre gaming machine permit. (2) A family entertainment centre gaming machine permit is a permit issued by a licensing authority authorising a person to make Category D gaming machines available for use in a specified family entertainment centre. (3) Schedule 10 makes further provision about family entertainment centre gaming machine permits.

Propose a change

248 No prize

(1) A person does not commit an offence under section 37 or 242 if— (a) he makes a gaming machine available for use by an individual, and (b) the individual does not, by using the machine, acquire an opportunity to win a prize. (2) The Secretary of State may make regulations creating exceptions from the offence under section 243 in connection with machines which, by virtue of their nature or any other specified matter, are not designed or expected to be used to provide an opportunity to win a prize.

Propose a change

249 Limited prize

(1) A person does not commit an offence under section 37 or 242 if— (a) he makes a gaming machine available for use by an individual, and (b) the individual does not, by using the machine, acquire an opportunity to win a prize of a value in excess of the amount that he pays for or in connection with his use of the machine. (2) For the purpose of subsection (1)(b)— (a) the reference to paying includes a reference to— (i) paying money by way of an entrance charge, (ii) using a coin to activate a gaming machine where the coin will not or may not be returned, (iii) transferring money's worth, and (iv) paying for goods or services at a price or rate which reflects the opportunity to use a gaming machine, and (b) it is immaterial— (i) to whom payment is made, and (ii) who receives benefit from the payment.

Propose a change

250 Single-machine supply and maintenance permits

(1) A person does not commit an offence under section 33 or 243(1) by reason only of the fact that he supplies, repairs, installs or maintains a gaming machine or part of a gaming machine in accordance with a permit under this section. (2) A person may apply to the Commission for a permit authorising him to supply, repair, install or maintain a gaming machine or part of a gaming machine. (3) An application under this section must— (a) be made in writing, (b) specify the gaming machine or part in relation to which the permit is sought, (c) give such details of the activity in relation to which the permit is sought as the Commission may direct, (d) be in such form, and contain such other information, as the Commission may direct, and (e) be accompanied by the prescribed fee. (4) On consideration of an application under this section the Commission may— (a) grant the application and issue a permit to the applicant, or (b) refuse the application. (5) The Commission may grant an application under this section only if satisfied that the licensing objectives are irrelevant to the activity for which the permit is sought. (6) A permit under this section must specify— (a) a period, not exceeding one year, during which it has effect, (b) the machine or part to which it relates, and (c) the activities which it authorises. (7) A permit under this section may be subject to a condition attached by the Commission. (8) In subsection (3)(e) “prescribed” means prescribed by regulations made by the Secretary of State.

Propose a change

251 Territorial application

This Part applies— (a) to anything done in relation to a gaming machine which (or any part of which) is situated in Great Britain, and (b) to anything done in Great Britain in relation to a gaming machine (irrespective of where it is situated).

Propose a change

252 Promoting a lottery

(1) For the purposes of this Act a person promotes a lottery if he makes or participates in making the arrangements for a lottery. (2) In particular, a person promotes a lottery if he— (a) makes arrangements for the printing of lottery tickets, (b) makes arrangements for the printing of promotional material, (c) arranges for the distribution or publication of promotional material, (d) possesses promotional material with a view to its distribution or publication, (e) makes other arrangements to advertise a lottery, (f) invites a person to participate in a lottery, (g) sells or supplies a lottery ticket, (h) offers to sell or supply a lottery ticket, (i) possesses a lottery ticket with a view to its sale or supply, (j) does or offers to do anything by virtue of which a person becomes a member of a class among whom prizes in a lottery are to be allocated, or (k) uses premises for the purpose of allocating prizes or for any other purpose connected with the administration of a lottery. (3) In subsection (2) “promotional material” means a document which— (a) advertises a specified lottery, (b) invites participation in a specified lottery, (c) contains information about how to participate in a specified lottery, or (d) lists winners in a specified lottery. (4) Where arrangements for a lottery are made by an external lottery manager on behalf of a society or authority, for the purposes of this Act both the external lottery manager and the society or authority promote the lottery.

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253 Lottery ticket

(1) For the purposes of this Act a document or article is a lottery ticket if it confers, or can be used to prove, membership of a class for the purpose of the allocation of prizes in a lottery. (2) A reference in this Act to the sale or supply of a lottery ticket by a person includes a reference to a person doing anything as a result of which another person becomes a member of the class among whom prizes in a lottery are to be allocated. (3) A reference in this Act to purchase of a lottery ticket includes a reference to any action by a person as a result of which he becomes a member of the class among whom prizes in a lottery are to be allocated.

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254 Proceeds and profits

(1) In this Act a reference to the proceeds of a lottery is a reference to the aggregate of amounts paid in respect of the purchase of lottery tickets. (2) In this Act a reference to the profits of a lottery is a reference to— (a) the proceeds of the lottery, minus (b) amounts deducted by the promoters of the lottery in respect of— (i) the provision of prizes, (ii) sums to be made available for allocation in another lottery in accordance with a rollover, or (iii) other costs reasonably incurred in organising the lottery.

Propose a change

255 Draw

In this Act “draw”, in relation to a lottery, includes any process by which a prize in the lottery is allocated.

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256 Rollover

(1) In this Act “rollover” in relation to a lottery means an arrangement whereby the fact that a prize is not allocated or claimed in one lottery increases the value of the prizes available for allocation in another lottery. (2) For the purposes of this Act where prizes are allocated by means of more than one draw— (a) the draws together constitute a single lottery if the class of persons among whom prizes are allocated is (and, by virtue of arrangements for the sale or supply of tickets, must be) the same in the case of each draw, and (b) otherwise, the arrangements for each draw constitute a separate lottery.

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257 External lottery manager

A person acts as an external lottery manager for the purposes of this Act if he makes arrangements for a lottery on behalf of a society or authority of which he is not— (a) a member, (b) an officer, or (c) an employee under a contract of employment.

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258 Promotion of lottery

(1) A person commits an offence if he promotes a lottery unless— (a) the exception in subsection (2) or (3) applies, or (b) the lottery is an exempt lottery. (2) This section does not apply to activity by a person if— (a) he holds an operating licence authorising the activity, and (b) he acts in accordance with the terms and conditions of the licence. (3) This section does not apply to activity by a person if— (a) he acts, otherwise than as an external lottery manager, on behalf of 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. (4) It is a defence for a person charged with an offence under this section to show that he reasonably believed that— (a) he was not committing the offence by reason of subsection (1)(b), (2) or (3), (b) that the arrangement to which the charge relates was not a lottery, or (c) that the arrangement to which the charge relates was a lottery forming part of the National Lottery. (5) In this Act “exempt lottery” means a lottery which is exempt by virtue of a provision of Schedule 11.

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259 Facilitating a lottery

(1) A person commits an offence if he facilitates a lottery unless— (a) the exception in subsection (3) applies, or (b) the lottery is an exempt lottery. (2) For the purposes of this section a person facilitates a lottery if (and only if) he— (a) prints lottery tickets for a specified lottery, (b) prints promotional material for a specified lottery, or (c) advertises a specified lottery. (3) This section does not apply to activity by a person if he acts in accordance with the terms and conditions of an operating licence. (4) It is a defence for a person charged with an offence under this section to show that he reasonably believed— (a) that he was not committing the offence by reason of subsection (1)(b) or (3), or (b) that the arrangement to which the charge relates was not a lottery, or (c) that the arrangement to which the charge relates was a lottery forming part of the National Lottery. (5) In subsection (2)(b) “promotional material” means a document which— (a) advertises a specified lottery, (b) invites participation in a specified lottery, (c) contains information about how to participate in a specified lottery, or (d) lists winners in a specified lottery.

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260 Misusing profits of lottery

(1) This section applies to a lottery in respect of which the promoter has stated (in whatever terms) a fund-raising purpose for the promotion of the lottery. (2) A person commits an offence if he uses any part of the profits of a lottery to which this section applies for a purpose other than that stated. (3) The reference in subsection (2) to using profits includes a reference to permitting profits to be used. (4) In subsection (1) the reference to a statement of a purpose for the promotion of a lottery is a reference to a statement appearing— (a) on lottery tickets, or (b) in an advertisement for the lottery. (5) In subsection (4)(b) “advertisement” in relation to a lottery includes any written notice announcing that a lottery will take place or inviting people to participate in a lottery (in either case whether or not it also gives other information).

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261 Misusing profits of exempt lottery

(1) This section applies to the following kinds of lottery— (a) an incidental ... lottery (within the meaning of Part 1 of Schedule 11), (b) a private society lottery (within the meaning of Part 2 of that Schedule), ... (ba) a work lottery and a residents’ lottery (within the meaning of Part 2 of that Schedule) except where the lottery has been organised in such a way as to ensure that no profits are made, and (c) a small society lottery (within the meaning of Part 4 of that Schedule). (2) A person commits an offence if he uses any part of the profits of a lottery to which this section applies for a purpose other than one for which the lottery is permitted to be promoted in accordance with Schedule 11. (3) Subsection (3) of section 260 shall have effect for the purpose of this section as it has effect for the purpose of that section.

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262 Small society lottery: breach of condition

A non-commercial society commits an offence if— (a) a lottery, purporting to be an exempt lottery under Part 4 of Schedule 11, is promoted on the society's behalf wholly or partly at a time when the society is not registered with a local authority in accordance with Part 5 of that Schedule, (b) the society fails to comply with the requirements of paragraph 39 of that Schedule, or (c) the society provides false or misleading information for the purposes of paragraph 39 of that Schedule.

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263 Penalty

(1) A person guilty of an offence under this Part 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. (2) In the application of subsection (1) to Scotland the reference to 51 weeks shall have effect as a reference to six months. (3) In the application of subsection (1) to England and Wales in relation to an offence committed under section 261(2) by virtue of section 261(1)(ba) before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (1)(a) to 51 weeks is to be read as a reference to 6 months.

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264 Exclusion of the National Lottery

The preceding provisions of this Part do not apply to the National Lottery.

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265 Territorial application

(1) This Part applies to anything done in relation to a lottery— (a) in Great Britain, or (b) by the provision of, or by means of, remote gambling equipment situated in Great Britain. (2) But this Part does not apply in relation to a lottery if— (a) no person in Great Britain does anything by virtue of which he becomes a participant in the lottery, and (b) no person in Great Britain possesses tickets for the lottery with a view to selling or supplying them to a person in Great Britain who thereby becomes a participant in the lottery. (3) It is a defence for a person charged with an offence under section 258 or 259 to show that he reasonably believed that this Part did not and would not apply to the lottery, by reason of subsection (2) above.

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266 Members' club

(1) In this Act members' club means a club— (a) which is established and conducted wholly or mainly for purposes other than the provision of facilities for gaming (subject to subsection (2)), (b) which is established and conducted for the benefit of its members (and which is not otherwise established or conducted as a commercial enterprise), (c) which is not established with the purpose of functioning only for a limited period of time, and (d) which has at least 25 individual members. (2) A club is a members' club for the purposes of this Act despite subsection (1)(a) if— (a) it is established or conducted wholly or mainly for the purpose of the provision of facilities for gaming of a prescribed kind, and (b) facilities are not provided for any other kind of gaming in the course of the club's activities.

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267 Commercial club

(1) In this Act commercial club means a club— (a) which is established and conducted wholly or mainly for purposes other than the provision of facilities for gaming (subject to subsection (2)), (b) which is not established with the purpose of functioning only for a limited period of time, and (c) which has at least 25 individual members. (2) A club is a commercial club for the purposes of this Act despite subsection (1)(a) if— (a) it is established or conducted wholly or mainly for the purpose of the provision of facilities for gaming of a prescribed kind, and (b) facilities are not provided for any other kind of gaming in the course of the club's activities.

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268 Miners' welfare institute

(1) In this Act miners' welfare institute means an association— (a) which is established and conducted for social and recreational purposes, and (b) which satisfies subsection (2) or (4). (2) An association satisfies this subsection if its affairs are managed by a group of individuals of whom at least two thirds are miners' representatives. (3) In subsection (2) “miners' representative” means a person who— (a) is nominated or appointed by a person who employs or has employed individuals in the course of a coal mining business, (b) is nominated or appointed by the charitable trust known as the Coal Industry Social Welfare Organisation, (c) is nominated or appointed by an organisation representing persons who are or were employed in connection with coal mining, or (d) is or was employed in connection with coal mining; and the group mentioned in subsection (2) must contain both one or more persons of a kind specified in paragraph (a) or (b) and one or more persons of a kind specified in paragraph (c) or (d). (4) An association satisfies this subsection if— (a) it operates on premises the use of which is regulated in accordance with a charitable trust, and (b) the trust has received money from— (i) the Miners' Welfare Fund established by section 20 of the Mining Industry Act 1920 (c. 50), (ii) the former body corporate which was known as the Coal Industry Social Welfare Organisation and incorporated under the Companies Act 1948 (c. 38), or (iii) the charitable trust known as the Coal Industry Social Welfare Organisation.

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269 Exempt gaming

(1) Sections 33 and 37 shall not apply to the provision of facilities for equal chance gaming which satisfies the conditions of this section by— (a) a members' club, (b) a commercial club, (c) a club that would be a members' club but for section 266(1)(a), (d) a club that would be a commercial club but for section 267(1)(a), or (e) a miners' welfare institute. (2) The first condition of gaming for the purposes of subsection (1) is that the arrangements for the gaming satisfy the prescribed requirements (if any) in relation to— (a) amounts that may be staked, or (b) the amount or value of a prize. (3) The second condition of gaming for the purposes of subsection (1) is that no amount is deducted or levied from sums staked or won. (4) The third condition of gaming for the purposes of subsection (1) is that any participation fee does not exceed such maximum as may be prescribed. (5) The fourth condition of gaming for the purposes of subsection (1) is that a game played on one set of premises is not linked with a game played on another set of premises. (6) The fifth condition of gaming for the purposes of subsection (1), which does not apply to a club of a kind mentioned in subsection (1)(b) or (d), is that each person who participates— (a) is a member of the club or institute who applied for membership, was nominated for membership or became a member, at least 48 hours before he participates, or (b) is a guest of a member of the club or institute who would be entitled to participate by virtue of paragraph (a).

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270 Section 269: supplementary

(1) In section 269(1) a reference to the provision of facilities by a club or institute includes a reference to any provision of facilities made— (a) on behalf of or by arrangement with the club or institute, and (b) in the course of its activities. (2) Regulations prescribing requirements in relation to stakes or prizes for the purposes of section 269(2) may, in particular— (a) make different provision for different classes of club or institute; (b) make different provision for different classes or descriptions of game. (3) In section 269(3) the reference to a deduction or levy in respect of gaming provided by, on behalf of or by arrangement with a club or institute is to a deduction or levy made by or on behalf of— (a) the club or institute, or (b) a person providing facilities for gaming on behalf of, or by arrangement with, the club or institute. (4) Regulations prescribing a maximum charge for the purposes of section 269(4) may, in particular— (a) make different provision for different classes of club or institute; (b) make provision depending on whether a club or institute holds a club gaming permit; (c) make different provision for different classes or descriptions of game; (d) make different provision for different classes or descriptions of fee. (5) For the purposes of section 269(5) two games are linked if— (a) the result of one game is or may be wholly or partly determined by reference to the result of the other game, or (b) the amount of winnings available in one game is or may be wholly or partly determined by reference to the amount of participation in the other game; and if a single game is played partly on one set of premises and partly on another it shall be treated as two linked games. (6) For the purposes of section 269(6) a person shall not be treated as the guest of a member if the member extends an invitation— (a) having had no previous acquaintance with the person, and (b) for the purpose only of enabling the person to take advantage of facilities for gaming provided by or for the club or institute.

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271 Club gaming permit

(1) Sections 33, 37 and 242 shall not apply to the provision of facilities for gaming in accordance with a club gaming permit. (2) A club gaming permit is a permit issued by a licensing authority authorising the provision of facilities for gaming— (a) on premises on which a members' club or a miners' welfare institute operates, and (b) in the course of the activities of the club or institute. (3) A club gaming permit shall, by virtue of this section, authorise— (a) making up to three gaming machines available for use, each of which must be of Category B, C or D, (b) the provision of facilities for gaming which satisfies the conditions in section 269 except for the first condition, and (c) the provision of facilities for games of chance, of such class or description as may be prescribed, in accordance with the conditions specified in subsection (4). (4) Those conditions are— (a) that no participation fee is charged otherwise than in accordance with regulations (which may make provision about the circumstances in which a fee may be charged and about the amount of a fee), (b) that no amount is deducted or levied from sums staked or won otherwise than in accordance with regulations (which may make provision about the circumstances in which an amount may be deducted or levied, about the amount of the deduction or levy and about the method by which the amount is determined), (c) that the public is excluded from any area of the club's or institute's premises where gaming is taking place, and (d) that children and young persons are excluded from any area of the club's or institute's premises where gaming is taking place. (5) Regulations under subsection (4)(a) or (b) may— (a) make different provision for different classes of club or institute; (b) make different provision for different classes or descriptions of game; (c) make different provision for different classes or descriptions of fee, deduction or levy. (6) A club gaming permit shall, by virtue of this subsection, be subject to the condition that each person who participates in gaming in reliance on the permit— (a) is a member of the club or institute who applied for membership, was nominated for membership or became a member, at least 48 hours before he participates, or (b) is a guest of a member of the club or institute who would be entitled to participate by virtue of paragraph (a). (7) A club gaming permit shall, by virtue of this subsection, be subject to the conditions— (a) that no child or young person use a Category B or C gaming machine on the club's or institute's premises, and (b) that the holder comply with any relevant provision of a code of practice under section 24 about the location and operation of a gaming machine.

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272 Section 271: supplementary

(1) For the purposes of section 271(4)(b) the reference to a deduction or levy in respect of gaming provided by, on behalf of or by arrangement with a club or institute is to a deduction or levy made by or on behalf of— (a) the club or institute, or (b) a person providing facilities for gaming on behalf of, or by arrangement with, the club or institute. (2) In section 271(4)(c) “the public” means persons other than— (a) members of the club or institute, (b) guests of members of the club or institute, (c) staff of the club or institute, and (d) persons providing services to or for the club or institute. (3) For the purposes of section 271(4)(c) and (d) a reference to an area where gaming is taking place is a reference to any place in which it is possible to participate in the gaming. (4) For the purposes of section 271(6) and subsection (2) above a person shall not be treated as the guest of a member if the member extends an invitation— (a) having had no previous acquaintance with the person, and (b) for the purpose only of enabling the person to take advantage of facilities for gaming.

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273 Club machine permit

(1) Sections 37 and 242 shall not apply to making a gaming machine available for use in accordance with a club machine permit. (2) A club machine permit is a permit issued by a licensing authority authorising up to three gaming machines, each of which must be of Category B, C or D, to be made available for use— (a) on premises on which a members' club, a commercial club or a miners' welfare institute operates, and (b) in the course of the activities of the club or institute. (3) A club machine permit held by a members' club or a miners' welfare institute shall, by virtue of this subsection, be subject to the condition that each person to whom a machine is made available for use in reliance on the permit— (a) is a member of the club or institute who applied for membership, was nominated for membership or became a member, at least 48 hours before he uses the machine, or (b) is a guest of a member of the club or institute who would be entitled to use the machine by virtue of paragraph (a). (4) A club machine permit shall, by virtue of this subsection, be subject to the conditions— (a) that no child or young person use a Category B or C gaming machine on the club's or institute's premises, and (b) that the holder comply with any relevant provision of a code of practice under section 24 about the location and operation of a gaming machine. (5) For the purposes of subsection (3)(b) a person shall not be treated as the guest of a member if the member extends an invitation— (a) having had no previous acquaintance with the person, and (b) for the purpose only of enabling the person to take advantage of facilities for gaming.

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274 Procedure, &c.

(1) Schedule 12 makes further provision about club gaming permits and club machine permits. (2) Subsection (1) does not apply in relation to Scotland if the applicant for or holder of the permit in question is the holder of ... a relevant Scottish licence or if he falls within such other description as may be specified in regulations under section 285(1).

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275 Bingo

(1) The disapplication of section 33 by section 269 or 271 shall not apply to high turnover bingo played during a high turnover period. (2) Bingo played in the course of the activities of a club or institute in any period of seven days is high turnover bingo if— (a) the aggregate of stakes at bingo played during the period in the course of the activities of the club or institute exceeds £2,000, or (b) the aggregate of prizes at bingo played during the period in the course of the activities of the club or institute exceeds £2,000. (3) A high turnover period begins in relation to a club or institute at the end of a period of seven days during which— (a) the aggregate of stakes at bingo played in the course of the activities of the club or institute exceeds £2,000, or (b) the aggregate of prizes at bingo played in the course of the activities of the club or institute exceeds £2,000. (4) A high turnover period expires at the end of the year beginning with the first day of the period of seven days which caused the high turnover period to begin. (5) A period of seven days any of which is in a high turnover period does not cause a new high turnover period to begin. (6) A club or institute in relation to which a high turnover period begins shall, unless the club or institute holds a bingo operating licence, inform the Commission as soon as is reasonably practicable. (7) A club or institute commits an offence if it fails without reasonable excuse to comply with subsection (6). (8) A club or institute guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. (9) The Secretary of State may by order vary a monetary amount specified in this section.

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276 Interpretation

In sections 266 to 275— “prescribed” means prescribed by regulations, and “regulations” means regulations made by the Secretary of State.

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277 Alcohol licence

In this Act— (a) “alcohol licence” means a premises licence under Part 3 of the Licensing Act 2003 (c. 17), (b) “on-premises alcohol licence” means a premises licence under that Part which authorises the supply of alcohol for consumption on the licensed premises, and (c) “relevant Scottish licence” means a premises licence issued under the Licensing (Scotland) Act 2005, except where such a licence only applies to the sale of alcohol for consumption off the premises.

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278 Application of sections 279 to 284

(1) Sections 279 to 284 apply to premises (other than a vehicle)— (a) in respect of which an on-premises alcohol licence or relevant Scottish licence has effect, (b) which contain a bar at which alcohol is served for consumption on the premises (without a requirement that alcohol is served only with food), and (c) at a time when alcohol may be supplied in reliance on the alcohol licence or sold for consumption on the premises in reliance on the relevant Scottish licence. (2) In those sections a reference to a licensing authority includes a reference to the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple.

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279 Exempt gaming

(1) Sections 33 and 37 shall not apply to the provision of facilities for equal chance gaming which— (a) takes place on premises to which this section applies, and (b) satisfies the conditions of this section. (2) The first condition of gaming for the purposes of subsection (1) is that the arrangements for the gaming satisfy the prescribed requirements in relation to— (a) limiting amounts that may be staked, or (b) limiting the amount or value of a prize. (3) The second condition of gaming for the purposes of subsection (1) is that no amount is deducted or levied from sums staked or won. (4) The third condition of gaming for the purposes of subsection (1) is that no participation fee is charged. (5) The fourth condition of gaming for the purposes of subsection (1) is that a game played on one set of premises is not linked with a game played on another set of premises. (6) The fifth condition of gaming for the purposes of subsection (1) is that children and young persons are excluded from participation.

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