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

40 Exception: football pools

(1) A person does not commit an offence under section 37 if he uses premises to do anything in accordance with an authorisation under section 93(3). (2) The Secretary of State may make regulations disapplying subsection (1) to specified classes of premises.

Propose a change

41 Gambling software

(1) A person commits an offence if in the course of a business he manufactures, supplies, installs or adapts gambling software unless he acts in accordance with an operating licence. (2) In this Act “gambling software”— (a) means computer software for use in connection with remote gambling, but (b) does not include anything for use solely in connection with a gaming machine. (3) A person does not supply or install gambling software for the purposes of subsection (1) by reason only of the facts that— (a) he makes facilities for remote communication or non-remote communication available to another person, and (b) the facilities are used by the other person to supply or install gambling software. (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 change

42 Cheating

(1) A person commits an offence if he— (a) cheats at gambling, or (b) does anything for the purpose of enabling or assisting another person to cheat at gambling. (2) For the purposes of subsection (1) it is immaterial whether a person who cheats— (a) improves his chances of winning anything, or (b) wins anything. (3) Without prejudice to the generality of subsection (1) cheating at gambling may, in particular, consist of actual or attempted deception or interference in connection with— (a) the process by which gambling is conducted, or (b) a real or virtual game, race or other event or process to which gambling relates. (4) A person guilty of an offence under this section shall be liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or (b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine not exceeding the statutory maximum or to both. (5) In the application of subsection (4) to Scotland the reference to the general limit in a magistrates’ court shall have effect as a reference to six months. (6) Section 17 of the Gaming Act 1845 (c. 109) (winning by cheating) shall cease to have effect.

Propose a change

43 Chain-gift schemes

(1) A person commits an offence if he— (a) invites another to join a chain-gift scheme, or (b) knowingly participates in the promotion, administration or management of a chain-gift scheme. (2) An arrangement is a “chain-gift” scheme if— (a) in order to participate in the arrangement a person must make a payment to one or more other participants (a “joining fee”), and (b) each person who participates in the arrangement— (i) is required or invited to invite others to participate, and (ii) is encouraged to believe that he will receive the joining fees, or part of the joining fees, of other participants, to an amount in excess of the joining fee paid by him. (3) For the purposes of subsection (2)— (a) “payment” means a payment of money or money's worth, but does not include the provision of goods or services, and (b) it is immaterial whether a payment is made directly or through a person responsible for managing or administering the scheme. (4) A person guilty of an offence under this section shall be liable on summary conviction to— (a) imprisonment for a period 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 or Northern Ireland the reference to 51 weeks shall have effect as a reference to six months.

Propose a change

44 Provision of unlawful facilities abroad

(1) A person commits an offence if he does anything in Great Britain, or uses remote gambling equipment situated in Great Britain, for the purpose of inviting or enabling a person in a prohibited territory to participate in remote gambling. (2) In subsection (1) “prohibited territory” means a country or place designated for the purpose of this section by order made by the Secretary of State. (3) An order under subsection (2) shall prescribe the mode of trial and maximum penalty for an offence under subsection (1).

Propose a change

45 Meaning of “child” and “young person”

(1) In this Act “child” means an individual who is less than 16 years old. (2) In this Act “young person” means an individual who is not a child but who is less than 18 years old.

Propose a change

46 Invitation to gamble

(1) A person commits an offence if he invites, causes or permits a child or young person to gamble. (2) But subsection (1) does not apply in relation to— (a) participation in private or non-commercial gaming, (b) participation in private or non-commercial betting, (c) participation in a lottery, (d) participation in football pools, (e) the use of a Category D gaming machine, (f) participation in equal chance gaming in accordance with a prize gaming permit, (g) participation in equal chance gaming at a licensed family entertainment centre, (h) participation in prize gaming at a non-licensed family entertainment centre, or (i) participation in prize gaming at a travelling fair in accordance with section 292. (3) In subsection (1) a reference to inviting a child or young person to gamble includes, in particular, a reference to intentionally— (a) sending to a child or young person any document which advertises gambling, or (b) bringing to the attention of a child or young person information about gambling with a view to encouraging the child or young person to gamble. (4) If a document which is sent to a child or young person and which advertises gambling gives the name or contact details of a person to whom payment may be made or from whom information may be obtained, that person shall be treated as having committed the offence under subsection (1) unless he proves that the document was sent— (a) without his consent, and (b) without his authority. (5) If information about gambling is brought to the attention of a child or young person and includes the name or contact details of a person to whom payment may be made or from whom information may be obtained, that person (“the advertiser”) shall be treated as having committed the offence under subsection (1) unless he proves that the information was brought to the attention of the child or young person— (a) without the advertiser's consent or authority, or (b) as an incident of the information being brought to the attention of adults and without a view to encouraging the child or young person to gamble. (6) In subsections (4) and (5) “contact details” means— (a) an address or other location, (b) a telephone number, (c) an internet site, or (d) an email address.

Propose a change

47 Invitation to enter premises

(1) A person commits an offence if he invites or permits a child or young person to enter premises if— (a) a casino premises licence has effect in respect of the premises, and (b) the premises are being used in reliance on that licence when the child or young person is invited or permitted to enter. (2) But subsection (1) does not apply where— (a) a child or young person is permitted to enter a part of premises which are being used for a regional casino, and (b) that part is not being used for the provision of facilities for gambling when the child or young person is permitted to enter. (3) The Secretary of State may for the purposes of subsection (2) by regulations make provision for— (a) distinguishing between one part of premises and another; (b) determining when use is being made of a part of premises. (4) A person commits an offence if he invites or permits a child or young person to enter premises other than a track if— (a) a betting premises licence has effect in respect of the premises, and (b) the premises are being used in reliance on that licence when the child or young person is invited or permitted to enter. (5) A person commits an offence if he invites or permits a child or young person to enter premises if— (a) an adult gaming centre premises licence has effect in respect of the premises, and (b) the premises are being used in reliance on that licence when the child or young person is invited or permitted to enter. (6) A person commits an offence if he invites or permits a child or young person to enter an area from which children and young persons are required to be excluded by virtue of section 182. (7) A person commits an offence if he invites or permits a child or young person to enter part of premises if— (a) the premises are a licensed family entertainment centre, (b) a person entering that part of the premises has access to a Category C gaming machine, and (c) at the time when the child or young person is permitted or invited to enter, a Category C gaming machine is being used or is available for use.

Propose a change

48 Gambling

(1) A young person commits an offence if he gambles. (2) But subsection (1) does not apply to— (a) participation in private or non-commercial gaming, (b) participation in private or non-commercial betting, (c) participation in a lottery, (d) participation in football pools, (e) the use of a Category D gaming machine, (f) participation in equal chance gaming in accordance with a prize gaming permit, (g) participation in equal chance gaming at a licensed family entertainment centre, (h) participation in prize gaming at a non-licensed family entertainment centre, or (i) participation in prize gaming at a travelling fair in accordance with section 292.

Propose a change

49 Entering premises

A young person commits an offence if he enters premises in circumstances where a person would commit an offence under section 47 if he invited or permitted the young person to enter.

Propose a change

50 Provision of facilities for gambling

(1) A young person commits an offence if he provides facilities for gambling. (2) But subsection (1) does not apply to the provision of facilities in connection with— (a) private or non-commercial gaming, (b) private or non-commercial betting, (c) a lottery, (d) football pools, or (e) prize gaming at a travelling fair in accordance with section 292.

Propose a change

51 Employment to provide facilities for gambling

(1) A person commits an offence if he employs a child or young person to provide facilities for gambling. (2) But subsection (1) does not apply to the provision of facilities in connection with— (a) private or non-commercial gaming, (b) private or non-commercial betting, (c) a lottery, (d) football pools, or (e) prize gaming at a travelling fair in accordance with section 292.

Propose a change

52 Employment for lottery or football pools

A person commits an offence if he employs a child to provide facilities for gambling in connection with— (a) a lottery (other than a lottery which forms part of the National Lottery), or (b) football pools.

Propose a change

53 Employment on bingo and club premises

A person commits an offence if he employs a child to perform any function on premises where, and at a time when— (a) facilities are provided for the playing of bingo, or (b) facilities for gambling are provided in accordance with a club gaming permit or a club machine permit.

Propose a change

54 Employment on premises with gaming machines

(1) A person commits an offence if— (a) he employs a child or young person to perform any function on premises where a Category A, B, C or D gaming machine is situated, and (b) the child or young person is or may be required in the course of his employment to perform a function in connection with the gaming machine. (2) A young person commits an offence if he is employed in contravention of subsection (1).

Propose a change

55 Employment in casino, &c.

(1) A person commits an offence if he employs a child or young person to perform any function on premises in respect of which any of the following have effect— (a) a casino premises licence, (b) a betting premises licence, and (c) an adult gaming centre premises licence. (2) But subsection (1) does not apply— (a) to employment at a time when no activity is being carried on in reliance on the premises licence, or (b) to employment on a part of premises which are being used for a regional casino at a time when that part is not being used for the provision of facilities for gambling. (3) The Secretary of State may for the purposes of subsection (2) by regulations make provision for— (a) distinguishing between one part of premises and another; (b) determining when use is being made of a part of premises. (4) A young person commits an offence if he is employed in contravention of subsection (1).

Propose a change

56 Invitation to participate in lottery

(1) A person commits an offence if he invites, causes or permits a child to participate in a lottery other than— (a) an incidental ... lottery that is exempt for the purposes of section 258 by virtue of Part 1 of Schedule 11, (b) a private lottery (whether a private society lottery, a work lottery or a residents' lottery) that is exempt for the purposes of section 258 by virtue of Part 2 of Schedule 11, or (c) a lottery which forms part of the National Lottery. (2) Subsections (3) to (6) of section 46 shall have effect in relation to subsection (1) of this section as they have effect in relation to subsection (1) of that section; and for that purpose— (a) references to a child or young person shall be treated as references only to a child, and (b) references to gambling shall be treated as references to participation in a lottery.

Propose a change

57 Invitation to participate in football pools

(1) A person commits an offence if he invites, causes or permits a child to participate in football pools. (2) Subsections (3) to (6) of section 46 shall have effect in relation to subsection (1) of this section as they have effect in relation to subsection (1) of that section; and for that purpose— (a) references to a child or young person shall be treated as references only to a child, and (b) references to gambling shall be treated as references to participation in football pools.

Propose a change

58 Return of stake

A person commits an offence if without reasonable excuse he fails to comply with a condition attached to an operating licence by virtue of section 83.

Propose a change

59 Age limit for Category D gaming machines

(1) The Secretary of State may by order create an offence of inviting, causing or permitting a child or young person below a specified age to use a Category D gaming machine. (2) An order under subsection (1) may, in particular— (a) apply (with modifications) or include provision similar to section 46(3) to (6); (b) make consequential amendments of this Act. (3) Before making an order under subsection (1) the Secretary of State shall consult— (a) the Commission, (b) one or more persons who appear to the Secretary of State to represent the interests of persons carrying on gambling businesses, and (c) one or more persons who appear to the Secretary of State to have knowledge about social problems relating to gambling. (4) An order under subsection (1) may apply to a class of Category D gaming machine determined by reference to— (a) the nature of the facilities for gambling which are made available on the machine, (b) the nature or value of a prize offered by the machine, (c) the manner in which the machine operates, or (d) any other matter.

Propose a change

60 Temporary use notice

(1) For the purposes of this Part— (a) a temporary use notice in respect of the use of premises to carry on an activity shall be treated as if it were a premises licence authorising that activity, and (b) an occasional use notice in respect of premises shall be treated as if it were a betting premises licence. (2) Sections 47(6) and 182 shall apply in relation to a notice treated as a premises licence by virtue of subsection (1) above.

Propose a change

61 Employment

(1) In this Part a reference to employing a person includes a reference to— (a) employing or engaging the person whether or not under a contract of employment, and (b) causing or permitting the person to be employed or engaged. (2) Where a person commits an offence under this Part by employing a person or by being employed, he shall be treated as committing the offence on each day during any part of which the employment continues.

Propose a change

62 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) But in relation to an offence committed by a young person subsection (1) shall have effect as if— (a) paragraphs (a) and (c) were omitted, and (b) in paragraph (b) the reference to level 5 were a reference to level 3. (3) 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

63 Reasonable belief about person's age

(1) Where a person is charged with an offence under this Part of doing anything in relation to an individual who is a child it is a defence for the person charged to prove that— (a) he took all reasonable steps to determine the individual's age, and (b) he reasonably believed that the individual was not a child. (2) Where a person is charged with an offence under this Part of doing anything in relation to an individual who is a young person it is a defence for the person charged to prove that— (a) he took all reasonable steps to determine the individual's age, and (b) he reasonably believed that the individual was not a young person.

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64 Use of children in enforcement operations

(1) Nothing in this Part renders unlawful— (a) anything done, in the performance of his functions, by a constable, an enforcement officer or an authorised person, or (b) anything done by a child or young person at the request of a constable, enforcement officer or authorised person acting in the performance of his functions. (2) Subsection (1) applies to an order under section 59 as to the provisions of this Part.

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65 Nature of licence

(1) The Commission may issue operating licences in accordance with the provisions of this Part. (2) An operating licence is a licence which states that it authorises the licensee— (a) to operate a casino (a “casino operating licence”), (b) to provide facilities for playing bingo (a “bingo operating licence”), (c) to provide facilities for betting other than pool betting (a “general betting operating licence”), (d) to provide facilities for pool betting (a “pool betting operating licence”), (e) to act as a betting intermediary (a “betting intermediary operating licence”), (f) to make gaming machines available for use in an adult gaming centre (a “gaming machine general operating licence” for an adult gaming centre), (g) to make gaming machines available for use in a family entertainment centre (a “gaming machine general operating licence” for a family entertainment centre), (h) to manufacture, supply, install, adapt, maintain or repair a gaming machine, or a part of a gaming machine (a “gaming machine technical operating licence”), (i) to manufacture, supply, install or adapt gambling software (a “gambling software operating licence”), or (j) to promote a lottery (a “lottery operating licence”). (3) The issue of an operating licence does not affect the application of section 37. (4) The Secretary of State may by order amend subsection (2) so as to— (a) add a kind of operating licence, (b) remove a kind of operating licence, or (c) vary a kind of operating licence. (5) An order under subsection (4) may, in particular, make consequential amendment of this Part (or a provision of this Act or another enactment that relates to this Part).

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66 Form of licence

(1) An operating licence must specify— (a) the person to whom it is issued, (b) the period during which it is to have effect, and (c) any condition attached by the Commission under section 75 or 77. (2) The Secretary of State may by regulations require the Commission to ensure that an operating licence— (a) is issued in such form as the regulations may specify, and (b) contains, in addition to the matters specified in subsection (1), such information as the regulations may specify (which may, in particular, include information about conditions attached to the licence by virtue of section 78).

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67 Remote gambling

(1) An operating licence is a “remote operating licence” if it authorises activity to be carried on— (a) in respect of remote gambling, or (b) by means of remote communication. (2) A remote operating licence may not also authorise activity which is neither— (a) in respect of remote gambling, nor (b) carried on by means of remote communication. (3) An operating licence must state whether it is a remote operating licence or not. (4) The power of the Commission to issue a remote operating licence to the holder of a licence suspended or revoked pursuant to a direction given under Schedule 27 to the Finance Act 2014 is subject to paragraph 7 of that Schedule (requirement for HMRC's consent).

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68 Combined licence

(1) An operating licence may be a licence of more than one of the kinds described in section 65(2). (2) Subsection (1) is subject to the following provisions of this section. (3) A casino operating licence authorises the holder, by virtue of this subsection, to provide facilities— (a) for betting on the outcome of a virtual game, race, competition or other event or process, subject to any exclusion or restriction provided for by way of condition under section 75 or 77; (b) for any game of chance other than bingo (and this paragraph does not prevent the combination of a casino operating licence and a bingo operating licence in reliance on subsection (1)). (4) A general betting operating licence authorises the holder, by virtue of this subsection, to provide facilities for betting on the outcome of a virtual race, competition or other event or process other than a game of chance, subject to any exclusion or restriction provided for by way of condition under section 75 or 77. (5) The following kinds of operating licence authorise the holder, by virtue of this subsection, to make one or more gaming machines within Categories A to D available for use (in addition to authorising the activities specified in accordance with section 65(2))— (a) a non-remote casino operating licence, (b) a non-remote bingo operating licence, (c) a non-remote general betting operating licence, and (d) a non-remote pool betting operating licence. (6) No other kind of operating licence (other than a gaming machine general operating licence) may authorise the holder to make a gaming machine available for use.

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69 Application

(1) A person may apply to the Gambling Commission for an operating licence to be issued authorising him to provide facilities for gambling. (2) An application must— (a) specify the activities to be authorised by the licence, (b) specify an address in the United Kingdom at which a document issued under this Act may be served on the applicant, (c) be made in such form and manner as the Commission may direct, (d) state whether the applicant has been convicted of a relevant offence, (e) state whether the applicant has been convicted of any other offence, (f) contain or be accompanied by such other information or documents as the Commission may direct, and (g) be accompanied by the prescribed fee. (3) An application may not be made by— (a) a child or young person, or (b) a group that includes a child or young person. (4) The Secretary of State may by regulations— (a) require an applicant for an operating licence to notify specified persons within a specified period (which may be wholly or partly before the application is made), and (b) provide for the consequences of failure to comply with a requirement under paragraph (a) (which may, in particular, include provision for an application to be disregarded or for a licence to lapse). (5) In subsection (2)(g) “prescribed” means prescribed by regulations made by the Secretary of State; and the regulations may, in particular, make different provision for— (a) applications for the authorisation of different classes of activity, or (b) different circumstances.

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70 Consideration of application: general principles

(1) In considering an application under section 69 the Commission— (a) shall have regard to the licensing objectives, (b) shall form and have regard to an opinion of the applicant's suitability to carry on the licensed activities, (c) shall consider the suitability of any gaming machine to be used in connection with the licensed activities, and (d) may consider the suitability of any other equipment to be used in connection with the licensed activities (by reference, in particular, to any relevant provision of standards established under section 89). (2) For the purpose of subsection (1)(b) the Commission may, in particular, have regard to— (a) the integrity of the applicant or of a person relevant to the application; (b) the competence of the applicant or of a person relevant to the application to carry on the licensed activities in a manner consistent with pursuit of the licensing objectives; (c) the financial and other circumstances of the applicant or of a person relevant to the application (and, in particular, the resources likely to be available for the purpose of carrying on the licensed activities). (3) In considering an application for a non-remote casino operating licence the Commission shall have regard, in addition to the matters specified in subsection (1), to the applicant's commitment to— (a) protecting vulnerable persons from being harmed or exploited by gambling, and (b) making assistance available to persons who are or may be affected by problems related to gambling. (4) The statement maintained by the Commission under section 23 must specify the principles to be applied by the Commission in considering applications under section 69. (5) The statement must, in particular, specify the kind of evidence to which the Commission will have regard when assessing integrity, competence and financial or other circumstances; and that evidence may include— (a) interviews conducted by or on behalf of the Commission; (b) references provided to the Commission at the request of the applicant; (c) information or opinions provided to the Commission (whether or not on request) by other persons; (d) information sought by the Commission as to solvency in general and financial reserves in particular; (e) the completion of training (whether provided in accordance with arrangements made by the Commission or otherwise); (f) the possession of qualifications (whether awarded in accordance with arrangements made by the Commission or otherwise). (6) The statement must also, in particular, specify the kind of evidence to which the Commission will have regard in considering the suitability of a gaming machine or of other equipment; and that evidence may include— (a) the result of a test carried out by a person at the request of the Commission; (b) the opinion of any person. (7) The statement may specify a class of applicant or other person in relation to whom the Commission will or may assume integrity for the purpose of subsection (2)(a). (8) The statement may specify a class of gaming machine or other equipment in relation to which the Commission will or may assume suitability; and— (a) a class may, in particular, be defined by reference to standards under section 89 or 96 or by reference to regulations under Part 10, and (b) subsection (1)(c) and (d) shall not apply to the consideration of an application in so far as it specifies that a gaming machine or other equipment falling within a class specified under this subsection is to be used in connection with the licensed activities. (9) For the purposes of this section— (a) in relation to an application, a reference to the licensed activities is a reference to the activities which will be the licensed activities if the application is granted, and (b) a person is relevant to an application if, in particular, he is likely to exercise a function in connection with, or to have an interest in, the licensed activities. (10) For the purposes of this section “equipment” includes— (a) a computer, (b) a device for the playing of a casino game, and (c) any other piece of equipment; (but a gaming machine is not equipment for the purposes of this section).

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71 Consideration of application: criminal record

(1) The Commission may refuse an application under section 69 if the applicant or a person relevant to the application has a conviction for a relevant offence. (2) This section does not prejudice the generality of section 70. (3) The reference in subsection (1) to a person who is relevant to an application shall be construed in accordance with section 70(9)(b).

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72 Consideration of application: demand

In determining whether to grant an operating licence the Commission may not have regard to— (a) the area in Great Britain within which it is proposed to provide facilities, or (b) the expected demand for facilities which it is proposed to provide.

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73 Procedure

(1) For the purpose of considering an application under section 69 the Commission may— (a) require the applicant to provide information; (b) consult, and have regard to information provided by or an opinion stated by, any person. (2) In subsection (1) “information” and “opinion” mean information or an opinion about— (a) the applicant, (b) a person relevant to the application, or (c) the licensed activities. (3) In particular, the Commission may require the production of a criminal records document relating to— (a) the applicant, or (b) a person relevant to the application or the production of up-date information ... in relation to a document mentioned in subsection (3A)(a)(i). (3A) In subsection (3)— (a) “criminal records document” means— (i) an enhanced criminal record certificate under section 113B of the Police Act 1997; (ii) a Level 2 disclosure under section 11 of the Disclosure (Scotland) Act 2020; (b) “up-date information” has the meaning given by section 116A of the Police Act 1997. (4) The statement maintained by the Commission under section 23 must, in particular, specify the Commission's practice in relation to— (a) the delegation of functions in relation to applications, (b) the holding of oral hearings of applications, and (c) evidence required or accepted in connection with applications. (5) The Commission may disregard an irregularity or deficiency in or in relation to an application, other than a failure to pay the fee required by section 69(2)(g). (6) For the purposes of this section a reference to the licensed activities or to a person relevant to an application shall be construed in accordance with section 70(9).

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74 Determination of application

(1) On considering an application under section 69 the Commission shall— (a) grant it, (b) reject it, or (c) grant it in respect of one or more of the activities specified in accordance with section 69(2)(a) and reject it in respect of the others. (2) Where the Commission grants an application in whole or in part it shall as soon as is reasonably practicable— (a) notify the applicant of the grant, and (b) issue an operating licence to the applicant. (3) Where the Commission rejects an application in whole or in part it shall as soon as is reasonably practicable notify the applicant of— (a) the rejection, and (b) the reasons for it.

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75 General conditions imposed by Commission

(1) The Commission may specify conditions to be attached to— (a) each operating licence, or (b) each operating licence falling within a specified class. (2) For the purposes of subsection (1)(b) a class may be defined wholly or partly by reference to— (a) the nature of the licensed activities; (b) the circumstances in which the licensed activities are carried on; (c) the nature or circumstances of the licensee or of another person involved or likely to be involved in the conduct of the licensed activities. (3) Where the Commission issues an operating licence it shall attach to the licence any condition specified under subsection (1) as a condition to be attached to operating licences of a class within which the licence falls.

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76 General conditions: procedure

(1) The Commission may amend or revoke a condition specified under section 75; and a reference in this section to the specification of a condition includes a reference to the amendment or revocation of a condition. (2) Before specifying a condition the Commission shall consult— (a) one or more persons who in the Commission's opinion represent the interests of operating licensees who may be affected by the condition, and (b) such of the persons specified in section 23(5) as the Commission thinks appropriate (if any). (3) The Commission shall publish any specification as soon as is reasonably practicable. (4) Where the Commission proposes to specify a condition— (a) at least three months before making the specification the Commission shall give notice of it to the holder of each licence which— (i) has effect at that time, and (ii) is within a class affected by the specification, (b) if the Commission issues, after that time but before the specification is made, an operating licence of a class affected by the specification, the Commission shall give the licensee notice of the proposed specification, and (c) on the making of the specification an existing licence shall by virtue of this paragraph be subject to the condition specified. (5) If the Commission thinks it necessary by reason of urgency to make a specification without giving the notice required by subsection (4)(a)— (a) the Commission shall give as much notice as it thinks possible in the circumstances to the persons mentioned in that provision, (b) subsection (4)(b) shall have effect after the time when notice is given under paragraph (a) above, and (c) subsection (4)(c) shall have effect. (6) Subsection (4)(c), in its application to the amendment or revocation of a condition (by virtue of subsection (1)), shall be treated as— (a) making existing licences subject to the condition as amended, or (b) relieving existing licences from the condition revoked.

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77 Individual condition imposed by Commission

Where the Commission issues an operating licence it may attach a condition to the licence.

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78 Condition imposed by Secretary of State

(1) The Secretary of State may by regulations provide for a specified condition to be attached to operating licences falling within a specified description. (2) Transitional provision of regulations under this section (made by virtue of section 355(1)(c)) may, in particular, apply a condition (with or without modification) to licences issued before the regulations are made (or come into force).

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79 Scope of powers to attach conditions

(1) Without prejudice to the generality of the powers conferred by sections 75, 77 and 78, a condition attached under any of those sections may, in particular, do any of the things specified in this section. (2) A condition may have the effect of restricting the activities that may be carried on in reliance on the licence by reference to— (a) the nature of the activities, (b) the circumstances in which they are carried on, or (c) their extent. (3) A condition may make provision wholly or partly by reference to— (a) the nature of the licensed activities; (b) the circumstances in which the licensed activities are carried on; (c) the nature or circumstances of the licensee or of another person involved or likely to be involved in the conduct of the licensed activities. (4) In regulating the licensed activities a condition may make provision about— (a) the facilities that may or must be provided in connection with the licensed activities; (b) the manner in which facilities are provided; (c) the number of persons that may or must be employed in the provision of facilities; (d) the financial resources available for particular purposes to the person providing facilities; (e) any other matter. (5) A condition may relate to the financial circumstances of the licensee or of another person involved or likely to be involved in the conduct of the licensed activities; in particular, a condition may make provision about the maintenance of reserves in respect of potential liabilities. (6) A condition of a remote operating licence may restrict the methods of communication that may be used in the course of the licensed activities. (7) A condition may make provision about how facilities for gambling are advertised or described. (8) A condition may make provision about the provision of assistance to persons who are or may be affected by problems related to gambling. (9) A condition may make provision about— (a) establishing the identity of users of facilities; (b) recording the identity of users of facilities; (c) restricting facilities to persons registered in respect of the facilities in advance.

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