Gambling Act 2005 (c. 19)

(The document as of February, 2008)

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(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

(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.

General

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).

Part 11 Lotteries

Interpretation

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,

(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,

(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.

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.

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.

255 Draw

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

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.

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

Offences

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

(5) In this Act "exempt lottery" means a lottery which is exempt by virtue of a provision of Schedule 11.

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

(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

(5) In subsection (2)(b) "promotional material" means a document which--

(a) advertises a specified lottery,

(b) invites participation in a specified lottery,

(d) lists winners in a specified lottery.

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).

261 Misusing profits of exempt lottery

(1) This section applies to the following kinds of lottery--

(a) an incidental non-commercial lottery (within the meaning of Part 1 of Schedule 11),

(b) a private society lottery (within the meaning of Part 2 of that Schedule), and

(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.

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

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

(2) In the application of subsection (1) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

Miscellaneous

264 Exclusion of the National Lottery

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

General

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.

Part 12 Clubs, pubs, fairs, &c.

Clubs

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),

(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.

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

(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.

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.

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,

(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).

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;

(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.

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),

(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;

(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.

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,

(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--

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