LegalizeReform history
Lotteries and Amusements Act 1976 (repealed)
9 versions
· 1976-07-22
2007-09-01
Lotteries and Amusements Act 1976 (repealed)
2007-01-01
Lotteries and Amusements Act 1976 (repealed)
2006-08-01
Lotteries and Amusements Act 1976 (repealed)
2006-04-01
Lotteries and Amusements Act 1976 (repealed)
2005-11-24
Lotteries and Amusements Act 1976 (repealed)
2005-04-01
Lotteries and Amusements Act 1976 (repealed)
2004-07-22
Lotteries and Amusements Act 1976 (repealed)
2004-04-01
Lotteries and Amusements Act 1976 (repealed)
Changes on 2004-04-01
@@ -1,6 +1,6 @@
# Lotteries and Amusements Act 1976 (repealed)
## PART I — Legal and Illegal Lotteries
## Part I — Legal and Illegal Lotteries
### General illegality of lotteries
@@ -8,7 +8,7 @@
##### 1
—All lotteries which do not constitute gaming are unlawful, except as provided by this Act.
All lotteries which do not constitute gaming are unlawful, except as provided by this Act. and section 2(1) of the National Lottery etc. Act 1993
#### General lottery offences
@@ -22,15 +22,15 @@
- (c) prints, publishes or distributes, or has in his possession for the purpose of publication or distribution—
- (i) any advertisement of the lottery ; or
- (ii) any list, whether complete or not, of prize winners or winning tickets in the lottery ; or
- (i) any advertisement of the lottery; or
- (ii) any list, whether complete or not, of prize winners or winning tickets in the lottery; or
- (iii) any such matter descriptive of the drawing or intended drawing of the lottery, or otherwise relating to the lottery, as is calculated to act as an inducement to persons to participate in that lottery or in other lotteries; or
- (d) brings, or invites any person to send, into Great Britain for the purpose of sale or distribution any ticket in, or advertisement of, the lottery ; or
- (e) sends or attempts to send out of Great Britain any money or valuable thing received in respect of the sale or distribution, or any document recording the sale or distribution, or the identity of the holder, of any ticket or chance in the lottery ; or
- (d) brings, or invites any person to send, into Great Britain from a place outside the British Islands and the member States for the purpose of sale or distribution any ticket in, or advertisement of, the lottery; or
- (e) sends or attempts to send out of Great Britain to a place outside the British Islands and the member States any money or valuable thing received in respect of the sale or distribution, or any document recording the sale or distribution, or the identity of the holder, of any ticket or chance in the lottery; or
- (f) uses any premises, or causes or knowingly permits any premises to be used, for purposes connected with the promotion or conduct of the lottery; or
@@ -42,11 +42,19 @@
- (a) that the lottery to which the proceedings relate was a lottery declared not to be unlawful by section 3, 4 or 25(6) below, and that at the date of the alleged offence the person charged believed, and had reasonable ground for believing, that none of the conditions required by the relevant enactment to be observed in connection with the promotion and conduct of the lottery had been broken; or
- (b) that the lottery to which the proceedings relate was a society's lottery or a local lottery, and that at the date of the alleged offence the person charged believed, and had reasonable ground for believing, that it was being conducted in accordance with the requirements of this Act; or
- (c) that the lottery to which the proceedings relate was not promoted wholly or partly outside Great Britain and constituted gaming as well as a lottery.
- (3) In England and Wales, proceedings under subsection (1)(c)(iii) above in respect of any matter published in a newspaper shall not be instituted except by, or by direction of, the Director of Public Prosecutions.
- (b) that the lottery to which the proceedings relate was a society’s lottery or a local lottery, and that at the date of the alleged offence the person charged believed, and had reasonable ground for believing, that it was being conducted in accordance with the requirements of this Act; or
- (c) that the lottery to which the proceedings relate was not promoted wholly or partly outside Great Britain and constituted gaming as well as a lottery ; or
- (d) that the lottery to which the proceedings relate was a lottery forming part of the National Lottery for the purposes of Part I of the National Lottery etc. Act 1993 or that at the date of the alleged offence the person charged believed, and had reasonable ground for believing, it to be such a lottery.
- (2A) In any proceedings instituted under subsection (1) above in respect of the printing, sale or possession of any tickets, advertisements or other documents or in respect of anything done with a view to or in connection with the printing, sale or export from Great Britain of any tickets, advertisements or other documents, it shall be a defence to prove that at the date of the alleged offence the person charged believed, and had reasonable ground for believing—
- (a) that the lottery to which the proceedings relate was not being, and would not be, promoted or conducted wholly or partly in Great Britain; and
- (b) that the tickets, advertisements or other documents were not being, and would not be, used in Great Britain in or in connection with that or any other lottery.
- (3) In England and Wales, proceedings under subsection (1)(*c*)(iii) above in respect of any matter published in a newspaper shall not be instituted except by, or by direction of, the Director of Public Prosecutions.
### Exceptions
@@ -54,7 +62,7 @@
##### 3
- (1) In this Act " exempt entertainment " means a bazaar, sale of work, fete, dinner, dance, sporting or athletic event or other entertainment of a similar character, whether limited to one day or extending over two or more days.
- (1) In this Act “*exempt entertainment*” means a bazaar, sale of work, fete, dinner, dance, sporting or athletic event or other entertainment of a similar character, whether limited to one day or extending over two or more days.
- (2) Where a lottery is promoted as an incident of an exempt entertainment, that lottery is not unlawful, but the conditions set out in subsection (3) below shall be observed in connection with its promotion and conduct and, if any of those conditions is contravened, every person concerned in the promotion or conduct of the lottery shall be guilty of an offence unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.
@@ -62,7 +70,7 @@
- (a) the whole proceeds of the entertainment (including the proceeds of the lottery) after deducting—
- (i) the expenses of the entertainment, excluding expenses incurred in connection with the lottery ; and
- (i) the expenses of the entertainment, excluding expenses incurred in connection with the lottery; and
- (ii) the expenses incurred in printing tickets in the lottery; and
@@ -72,7 +80,7 @@
- (b) none of the prizes in the lottery shall be money prizes;
- (c) tickets or chances in the lottery shall not be sold or issued, nor shall the result of the lottery be declared, except on the premises on which the entertainment takes place and during the progress of the entertainment ; and
- (c) tickets or chances in the lottery shall not be sold or issued, nor shall the result of the lottery be declared, except on the premises on which the entertainment takes place and during the progress of the entertainment; and
- (d) the facilities for participating in lotteries under this section, or those facilities together with any other facilities for participating in lotteries or gaming, shall not be the only, or the only substantial, inducement to persons to attend the entertainment.
@@ -80,15 +88,27 @@
##### 4
- (1) In this Act " private lottery" means a lottery in Great Britain which is promoted for, and in which the sale of tickets or chances by the promoters is confined to, either—
- (a) members of one society established and conducted for purposes not connected with gaming, betting or lotteries ; or
- (b) persons all of whom work on the same premises ; or
- (c) persons all of whom reside on the same premises,
and which is promoted by persons each of whom is a person to whom under the foregoing provisions of this subsection tickets or chances may be sold by the promoters and, in the case of a lottery promoted for the members of a society, is a person authorised in writing by the governing body of the society to promote the lottery.
- (1) In this Act “*private lottery*” means a lottery in Great Britain which is promoted—
- (a) for members of one society established and conducted for purposes not connected with gaming, betting or lotteries;
- (b) for persons all of whom work on the same premises; or
- (c) for persons all of whom reside on the same premises,
and which satisfies the conditions in subsections (1A) and (1B) below.
- (1A) The lottery must be promoted by persons each of whom—
- (a) is one of the persons for whom the lottery is promoted; and
- (b) in the case of a lottery promoted for the members of a society, is authorised in writing by the governing body of the society to promote the lottery.
- (1B) The sale of tickets or chances in the lottery must be confined—
- (a) to the persons for whom the lottery is promoted; and
- (b) in the case of a lottery promoted for the members of a society, to any other persons on the society’s premises.
- (2) For the purposes of this section, each local or affiliated branch or section of a society shall be regarded as a separate and distinct society.
@@ -98,7 +118,7 @@
- (i) to the provision of prizes as aforesaid; or
- (ii) to purposes which are purposes of the society ; or
- (ii) to purposes which are purposes of the society; or
- (iii) as to part to the provision of prizes as aforesaid and as to the remainder to such purposes as aforesaid;
@@ -106,7 +126,7 @@
- (i) a notice of it exhibited on the premises of the society for whose members it is promoted or, as the case may be, on the premises on which the persons for whom it is promoted work or reside; and
- (ii) such announcement or advertisement of it as is contained in the tickets, if any ;
- (ii) such announcement or advertisement of it as is contained in the tickets, if any;
- (c) the price of every ticket or chance shall be the same, and the price of any ticket shall be stated on the ticket;
@@ -124,51 +144,79 @@
##### 5
- (1) In this Act " society's lottery " means a lottery promoted on behalf of a society which is established and conducted wholly or mainly for one or more of the following purposes, that is to say—
- (1) In this Act “*society’s lottery*” means a lottery promoted on behalf of a society which is established and conducted wholly or mainly for one or more of the following purposes, that is to say—
- (a) charitable purposes;
- (b) participation in or support of athletic sports or games or cultural activities;
- (c) purposes which are not described in paragraph (a) or (b) above but are neither purposes of private gain nor purposes of any commercial undertaking.
- (c) purposes which are not described in paragraph (*a*) or (*b*) above but are neither purposes of private gain nor purposes of any commercial undertaking.
- (2) Any purpose for which a society is established and conducted and which is calculated to benefit the society as a whole shall not be held to be a purpose of private gain by reason only that action in its fulfilment would result in benefit to any person as an individual.
- (3) Subject to the provisions of this Act, a society's lottery is not unlawful if—
- (a) it is promoted in Great Britain ; and
- (b) the society is for the time being registered under Schedule 1 to this Act; and
- (3) Subject to the provisions of this Act, a society’s lottery is not unlawful if—
- (a) it is promoted in Great Britain; and
- (b) the society is for the time being registered under the appropriate Schedule and
- (c) it is promoted in accordance with a scheme approved by the society; and
- (d) either—
- (i) the total value of tickets or chances to be sold is £5,000 or less ; or
- (i) the total value of tickets or chances to be sold is £10,000 or less; or
- (ii) the scheme is registered with the Board before any tickets or chances are sold.
- (4) The whole proceeds of a society's lottery, after deducting sums lawfully appropriated on account of expenses or for the provision of prizes, shall be applied to purposes of the society such as are described in subsection (1) above.
- (5) Schedule 1 to this Act shall have effect.
- (3A) The appropriate Schedule for the purposes of subsection (3)(b) above—
- (a) is Schedule 1 to this Act if none of subsections (3B) to (3D) below applies to the lottery;
- (b) is Schedule 1A to this Act if any of those subsections applies to the lottery.
- (3B) This subsection applies to a lottery if the total value of the tickets or chances sold or to be sold in the lottery is more than £20,000.
- (3C) This subsection applies to a lottery if the total value of—
- (a) the tickets or chances sold or to be sold in the lottery, and
- (b) the tickets or chances sold or to be sold in all earlier lotteries held by the same society in the same year,
is more than £250,000.
- (3D) This subsection applies to a lottery if subsection (3B) or (3C) above applied to any earlier lottery held by the same society in the same year or any of the three preceding years.
- (3E) For the purposes of this section—
- (a) a lottery is earlier than another lottery if any tickets or chances in it are sold, distributed or offered for sale before any tickets or chances in the other lottery are sold, distributed or offered for sale, and
- (b) a lottery is held in the year in which the date of the lottery falls.
- (3F) In this section “*year*” means a period of twelve months beginning with 1st January.
- (4) The whole proceeds of a society’s lottery, after deducting sums lawfully appropriated on account of expenses or for the provision of prizes, shall be applied to purposes of the society such as are described in subsection (1) above.
- (5) Schedules 1 and 1A to this Act shall have effect.
#### Local lotteries
##### 6
- (1) In this Act " local lottery " means a lottery promoted by a local authority.
- (1) In this Act “*local lottery*” means a lottery promoted by a local authority.
- (2) Subject to the provisions of this Act, a local lottery is not unlawful if—
- (a) it is promoted in Great Britain ; and
- (b) it is promoted in accordance with a scheme approved by the local authority ; and
- (a) it is promoted in Great Britain; and
- (b) it is promoted in accordance with a scheme approved by the local authority; and
- (c) the scheme is registered with the Board before any tickets or chances are sold.
- (3) The functions of local authorities for the discharge of which arrangements may be made under section 101 of the Local Government Act 1972 or section 56 of the Local Government (Scotland) Act 1973 (arrangements for the discharge of a local authority's functions by a committee, a sub-committee or an officer of the authority, or by another local authority) do not include the approval of schemes for local lotteries.
## PART II — Provisions Relating to Societies' Lotteries and Local Lotteries
- (3) The functions of local authorities for the discharge of which arrangements may be made under section 101 of the Local Government Act 1972 or section 56 of the Local Government (Scotland) Act 1973 (arrangements for the discharge of a local authority’s functions by a committee, a sub-committee or an officer of the authority, or by another local authority) do not include the approval of schemes for local lotteries.
- (4) Schedule 2 to this Act shall have effect.
## Part II — Provisions Relating to Societies’ Lotteries and Local Lotteries
### Provisions relating to local lotteries
@@ -180,11 +228,11 @@
- (2) It shall be the duty of a local authority—
- (a) to give such publicity to the object of a local lottery as will be likely to bring it to the attention of persons purchasing tickets or chances ; and
- (a) to give such publicity to the object of a local lottery as will be likely to bring it to the attention of persons purchasing tickets or chances; and
- (b) subject to the following provisions of this section, to apply money accruing from a local lottery only to the object of the lottery.
- (3) In this section " object" means the particular purpose or purposes for which a local authority promote a local lottery.
- (3) In this section “*object*” means the particular purpose or purposes for which a local authority promote a local lottery.
- (4) The Secretary of State, upon receipt of an application from a local authority for his consent to the use of money accruing from a local lottery for a purpose suggested by the local authority other than the object of the lottery, may give that consent if and only if he is satisfied—
@@ -194,7 +242,7 @@
- (ii) cannot be carried out; or
- (b) that the object provides a use for part only of the money accruing from the lottery ; or
- (b) that the object provides a use for part only of the money accruing from the lottery; or
- (c) that the money accruing from the lottery and other money applicable for similar purposes can be more effectively used in conjunction, and to that end can suitably be made applicable to common purposes; or
@@ -212,103 +260,89 @@
##### 8
- (1) A local authority shall pay the whole proceeds of a local lottery, after deducting the expenses of promoting it and the sums required for prizes, into a fund (in this section referred to as a " lottery fund "), and any money in such a fund shall be invested by the local authority and any income arising from such investment shall be credited to the fund.
- (1) A local authority shall pay the whole proceeds of a local lottery, after deducting the expenses of promoting it and the sums required for prizes, into a fund (in this section referred to as a “lottery fund”), and any money in such a fund shall be invested by the local authority and any income arising from such investment shall be credited to the fund.
- (2) It shall be the duty of a local authority to maintain a separate lottery fund for each local lottery which they promote.
- (3) The payment by a local authority out of their rate fund, within the meaning of subsection (7) of section 1 of the Local Government Act 1974, of money accruing from a local lottery shall not be relevant expenditure within the meaning of subsection (4) of that section.
### Provisions relating to societies' lotteries and local lotteries
### Provisions relating to societies’ lotteries and local lotteries
#### Schemes for societies' lotteries and local lotteries
##### 9
Schedule 2 to this Act shall have effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Frequency of lotteries
##### 10
- (1) No society or local authority shall hold more than 52 lotteries under section 5 or 6 above in any period of 12 months, but—
- (a) when the date of two or more society's lotteries promoted on behalf of one society is the same and the total value of the tickets or chances to be sold in those lotteries does not exceed £10,000, all those lotteries shall be treated as one ; and
- (b) when the date of two or more lotteries promoted by one local authority is the same and the total value of the tickets or chances to be sold in those lotteries does not exceed £10,000, all those lotteries shall be treated as one.
- (2) The date of any lottery promoted on behalf of a society shall be not less than seven days after the date of any previous lottery promoted on behalf of that society, except that the date of a lottery promoted for the purpose of selling tickets or chances wholly or mainly to persons attending a particular athletic or sporting event may be less than seven days after the date of a previous lottery promoted on behalf of the society.
- (3) The date of any lottery promoted by a local authority shall be not less than seven days after the date of any previous lottery promoted by that authority.
- (1) The Secretary of State may by order prescribe—
- (a) the maximum number of lotteries that may be promoted under section 5 or 6 above in any period of twelve months on behalf of the same society or by the same local authority; and
- (b) the minimum number of days that must elapse between the dates of any two lotteries promoted under section 5 or 6 above on behalf of the same society or by the same local authority.
- (2) An order under subsection (1) above may make different provision for different cases or circumstances.
#### Rules for authorised lotteries
##### 11
- (1) In the case of a society's lottery—
- (1) In the case of a society’s lottery—
- (a) the promoter of the lottery shall be a member of the society authorised in writing by the governing body of the society to act as the promoter; and
- (b) every ticket and every notice or advertisement of the lottery lawfully exhibited, distributed or published shall specify the name of the society, the name and address of the promoter and the date of the lottery.
- (2) No ticket or chance in a society's lottery or a local lottery shall be sold at a price exceeding 25p.
- (3) The price of every ticket or chance shall be the same, and the price of any ticket shall be stated on the ticket.
- (4) No person shall be admitted to participate in a society's lottery or a local lottery in respect of a ticket or chance except after payment to the society or authority of the whole price of the ticket or chance; and no money received for or on account of a ticket or chance shall in any circumstances be returned.
- (5) No prize in a society's lottery which satisfies the condition specified in section 5(3)(d)(i) above shall exceed £1,000 in amount or value.
- (6) No prize—
- (a) in a society's lottery which satisfies the condition specified in section 5(3)(d)(ii) above, or
- (b) in a local lottery,
shall exceed in amount or value the sum which is specified in subsection (7) below as the appropriate sum in relation to that lottery.
- (7) The appropriate sum is—
- (a) £1,000, for a short-term lottery,
- (b) £1,500, for a medium-term lottery, and
- (c) £2,000, for any other lottery.
- (8) The total value of the tickets or chances sold—
- (a) in a society's lottery which satisfies the condition specified in section 5(3)(d)(ii) above, or
- (b) in a local lottery,
shall not exceed the sum which is specified in subsection (9) below as the appropriate sum in relation to that lottery.
- (9) The appropriate sum is—
- (a) £10,000, for a short-term lottery,
- (b) £20,000, for a medium-term lottery, and
- (c) £40,000, for any other lottery.
- (10) For the purposes of subsections (7) and (9) above—
- (a) a lottery is a short-term lottery if less than one month has passed between the date of that lottery and the date of a previous lottery promoted on behalf of the same society or by the same authority; and
- (b) a lottery is a medium-term lottery if less than three months but not less than one month has passed between the date of that lottery and the date of a previous lottery promoted on behalf of the same society or by the same authority.
- (11) The amount of the proceeds of a society's lottery or a local lottery appropriated for the provision of prizes shall not exceed one half of the whole proceeds of the lottery.
- (12) The amount of the proceeds of a society's lottery or a local lottery appropriated on account of expenses (exclusive of prizes) shall not exceed whichever is the less of—
- (a) the expenses actually incurred ; and
- (b) every ticket distributed or sold shall specify the name of the society, the name and address of the promoter and the date of the lottery.
- (2) No ticket or chance in a society’s lottery or a local lottery shall be sold at a price exceeding £2
- (3) The price of every ticket or chance shall be the same, and the price of any ticket distributed or sold shall be stated on the ticket.
- (4) No person shall be admitted to participate in a society’s lottery or a local lottery in respect of a ticket or chance except after payment to the society or authority of the whole price of the ticket or chance; and no money received for or on account of a ticket or chance shall in any circumstances be returned.
- (4A) No payment other than the price of a ticket or chance shall be required of a person as a condition of his admission to participate in a society’s lottery or a local lottery.
- (5) No prize in a society’s lottery or a local lottery shall exceed in amount or value £25,000 or 10 per cent. of the total value of the tickets or chances sold in the lottery (whichever is greater).
- (6) The total value of the tickets or chances sold in any one such lottery shall not exceed £2,000,000 .
- (7) The total value of the tickets or chances sold in all such lotteries held in any one year and promoted on behalf of the same society or by the same local authority shall not exceed £10,000,000 .
- (8) For the purposes of subsection (7) above, a lottery is held in the year in which the date of the lottery falls.
- (9) In this section “*year*” means a period of twelve months beginning with 1st January; but if subsection (7) above (as substituted by section 52 of the National Lottery etc. Act 1993) comes into force on a date other than 1st January—
- (a) the period beginning with that date and ending with the next 31st December shall be taken to be the first year for the purposes of that subsection, and
- (b) in relation to that period, the reference to £5,000,000 in that subsection shall be read as a reference to a proportionately smaller amount.
- (11) The amount of the proceeds of a society’s lottery or a local lottery appropriated for the provision of prizes shall not exceed 55 per cent.of the whole proceeds of the lottery.
- (12) The amount of the proceeds of a society’s lottery or a local lottery appropriated on account of expenses (exclusive of prizes) shall not exceed whichever is the less of—
- (a) the expenses actually incurred; and
- (b) whichever of the amounts specified in subsection (13) below applies.
- (13) The amounts referred to in subsection (12)(b) above are—
- (a) where the whole proceeds of the lottery do not exceed £5,000,25 per cent, of those proceeds ; or
- (b) where the whole proceeds of the lottery exceed £5,000, 15 per cent, of those proceeds or such larger percentage, not exceeding 25 per cent., as the Board may authorise in the case of a particular lottery.
- (13) The amounts referred to in subsection (12)(*b*) above are—
- (a) where the whole proceeds of the lottery do not exceed £20,000, 3 5 per cent.of those proceeds; or
- (b) where the whole proceeds of the lottery exceed £20,000, 15 per cent. of those proceeds or such larger percentage, not exceeding 35 per cent., as the Board may authorise in the case of a particular lottery.
- (14) For the purposes of subsection (12) above, the amount of any expenses that are met—
- (a) by the society on whose behalf, or the local authority by whom, the lottery is promoted, or
- (b) by any beneficiary of the lottery,
shall be treated as having been appropriated on account of expenses from the proceeds of the lottery.
- (15) In subsection (14) above “*beneficiary of the lottery*” means a person (other than the society on whose behalf, or the local authority by whom, the lottery is promoted) to whom or for whose benefit any of the proceeds of the lottery, other than amounts appropriated in respect of expenses or prizes, are lawfully paid or applied.
- (16) The amount of the proceeds of a society’s lottery or a local lottery appropriated for the provision of prizes and the amount of those proceeds appropriated on account of expenses (exclusive of prizes) shall not exceed in aggregate a prescribed percentage of the whole proceeds of the lottery.
#### Regulations
@@ -316,15 +350,15 @@
- (1) The Secretary of State may by regulations prescribe provisions to be included in—
- (a) any scheme approved by a society for the promotion of a society's lottery ; and
- (a) any scheme approved by a society for the promotion of a society’s lottery; and
- (b) any scheme approved by a local authority for the promotion of a local lottery.
- (2) The Secretary of State may by regulations make such provision with respect to the promotion of society's lotteries or local lotteries as he may consider necessary or expedient.
- (2) The Secretary of State may by regulations make such provision with respect to the promotion of society’s lotteries or local lotteries as he may consider necessary or expedient.
- (3) Without prejudice to the generality of subsection (2) above, the Secretary of State may by regulations impose requirements or restrictions with respect to all or any of the following matters—
- (a) the persons to whom and by whom tickets or chances in a lottery may or may not be sold ;
- (a) the persons to whom and by whom tickets or chances in a lottery may or may not be sold;
- (b) the circumstances in which tickets or chances may be sold and in which persons may be invited to purchase tickets or chances;
@@ -332,7 +366,7 @@
- (d) any information which must, or must not, appear on a ticket;
- (e) the manner in which a lottery may be advertised ;
- (e) the manner in which a lottery may be advertised;
- (f) the use of postal services in connection with lotteries;
@@ -350,21 +384,29 @@
##### 13
- (1) If any requirement of this Act or of any regulations made under it in respect of a society's lottery or a local lottery is contravened, the promoter of that lottery and any other person who is party to the contravention shall be guilty of an offence.
- (1) If any requirement of this Act , of any regulations made under it or of any order made under section 10 above in respect of a society’s lottery or a local lottery is contravened, the promoter of that lottery and any other person who is party to the contravention shall be guilty of an offence.
- (2) It shall be a defence for a person charged with any such offence only by reason of his being the promoter to prove that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.
- (2A) It shall be a defence for a person charged with an offence in respect of a contravention of section 11(5) above to prove—
- (a) that the total value of the tickets or chances sold in the lottery fell short of the sum reasonably estimated; and
- (b) that the amount or value of the prize in question would not have contravened section 11(5) above if the total value of the tickets or chances sold had amounted to the sum reasonably estimated; and
- (c) that, if the amount or value of the prize had been any less, an unconditional undertaking as to prizes given in connection with the sale of tickets or chances would have been broken.
- (3) It shall be a defence for any person charged with an offence in respect of an appropriation made in contravention of section 11(11) or (12) above to prove—
- (a) that the proceeds of the lottery fell short of the sum reasonably estimated; and
- (b) that the appropriation was made in order to fulfil an unconditional undertaking as to prizes given in connection with the sale of the relevant tickets or chances, or in respect of expenses actually incurred ; and
- (b) that the appropriation was made in order to fulfil an unconditional undertaking as to prizes given in connection with the sale of the relevant tickets or chances, or in respect of expenses actually incurred; and
- (c) that the total amounts appropriated in respect of prizes or expenses did not exceed the amounts which could lawfully have been appropriated out of the proceeds of the lottery under the said subsections if the proceeds had amounted to the sum reasonably estimated.
- (4) It shall be a defence for any person charged with an offence in respect of a contravention of section 10 above or of section 11(6) or (8) above to prove that the date of a lottery was later than he had expected for reasons which he could not foresee.
## PART III — Competitions and Amusements
- (4) It shall be a defence for any person charged with an offence in respect of a contravention of an order made undersection 10 above . . . to prove that the date of a lottery was later than he had expected for reasons which he could not foresee.
## Part III — Competitions and Amusements
### Newspaper and other competitions
@@ -372,7 +414,7 @@
##### 14
- (1) Subject to subsection (2) below, it shall be unlawful to conduct in or through any newspaper, or in connection with any trade or business or the sale of any article to the public;—
- (1) Subject to subsection (2) below, it shall be unlawful to conduct in or through any newspaper, or in connection with any trade or business or the sale of any article to the public—
- (a) any competition in which prizes are offered for forecasts of the result either—
@@ -386,7 +428,7 @@
- (3) Any person who contravenes this section shall, without prejudice to any liability to be proceeded against under section 2 above, be guilty of an offence.
- (4) In this section "bookmaker", "pool betting" and " sponsored pool betting " have the meanings assigned to them by section 55 of the Betting, Gaming and Lotteries Act 1963.
- (4) In this section “*bookmaker*”, “*pool betting*” and “*sponsored pool betting*” have the meanings assigned to them by section 55 of the Betting, Gaming and Lotteries Act 1963.
### Amusements with prizes
@@ -418,7 +460,7 @@
then if, but only if, the amount of that charge falls to be determined wholly or partly by reference to the extent to which that or some other such machine or equipment is used for the purposes of lotteries or gaming, that payment shall be held to be an application of the proceeds of the entertainment for the purposes of private gain.
- (6) The reference to expenses in subsection (4) (a) above shall accordingly not include a reference to any charge mentioned in subsection (5) above and falling to be determined as there mentioned.
- (6) The reference to expenses in subsection (4)(*a*) above shall accordingly not include a reference to any charge mentioned in subsection (5) above and falling to be determined as there mentioned.
#### Provision of amusements with prizes at certain commercial entertainments
@@ -432,19 +474,19 @@
- (c) at a pleasure fair consisting wholly or mainly of amusements provided by travelling showmen which is held on any day of the year on premises not previously used in that year on more than 27 days for the holding of such a pleasure fair.
- (2) Nothing in section 1 or 2 above shall apply in relation to amusements falling within subsection (1) above, but in relation to any such amusement the conditions set out in subsection (3) below shall be observed, and if any of those conditions is contravened every person concerned in the provision or conduct of that amusement shall be guilty of an offence unless he proves that the oontravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.
- (2) Nothing in section 1 or 2 above shall apply in relation to amusements falling within subsection (1) above, but in relation to any such amusement the conditions set out in subsection (3) below shall be observed, and if any of those conditions is contravened every person concerned in the provision or conduct of that amusement shall be guilty of an offence unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.
- (3) The conditions referred to in subsection (2) above are—
- (a) that the amount paid by any person for any one chance to win a prize does not exceed l0p, and
- (a) that the amount paid by any person for any one chance to win a prize does not exceed 10p, and
- (b) that the aggregate amount taken by way of the sale of chances in any one determination of winners, if any, of prizes does not exceed £5, and that the sale of those chances and the declaration of the result take place on the same day and on the premises on which, and during the time when, the amusement is provided, and
- (c) that no money prize is distributed or offered which exceeds 10p, and
- (d) that the winning of, or the purchase of a chance to win, a prize does not entitle any person, whether or not subject to a further payment by him, to any further opportunity to win money or money's worth by taking part in any amusement with prizes or in any gaming or lottery, and
- (e) in the case of such a pleasure fair as is mentioned in subsection (1)(c) above, that the opportunity to win prizes at amusements to which this subsection applies is not the only, or the only substantial, inducement to persons to attend the fair.
- (d) that the winning of, or the purchase of a chance to win, a prize does not entitle any person, whether or not subject to a further payment by him, to any further opportunity to win money or money’s worth by taking part in any amusement with prizes or in any gaming or lottery, and
- (e) in the case of such a pleasure fair as is mentioned in subsection (1)(*c*) above, that the opportunity to win prizes at amusements to which this subsection applies is not the only, or the only substantial, inducement to persons to attend the fair.
- (4) Schedule 3 to this Act shall have effect.
@@ -452,11 +494,11 @@
##### 17
- (1) No permit under section 16 above shall be granted in respect of any premises where a licence under the Gaming Act 1968 is for the time being in force in respect of them or where a club or a miners' welfare institute is for the time being registered in respect of them under Part II of that Act; and, where such a licence is granted or a club or a miners' welfare institute is so registered in respect of any premises, and a permit under section 16 above is then in force in respect of those premises, the permit shall thereupon cease to have effect.
- (1) No permit under section 16 above shall be granted in respect of any premises where a licence under the Gaming Act 1968 is for the time being in force in respect of them or where a club or a miners’ welfare institute is for the time being registered in respect of them under Part II of that Act; and, where such a licence is granted or a club or a miners’ welfare institute is so registered in respect of any premises, and a permit under section 16 above is then in force in respect of those premises, the permit shall thereupon cease to have effect.
- (2) The court by or before which the holder of a permit under section 16 above is convicted of an offence under that section in connection with the premises to which the permit relates may, if the court thinks fit, order that the permit shall be forfeited and cancelled.
- (3) An order under subsection (2) above shall be deemed for the purposes of any appeal to be part of the sentence for the offence ; and the permit shall not be forfeited or cancelled under that order—
- (3) An order under subsection (2) above shall be deemed for the purposes of any appeal to be part of the sentence for the offence; and the permit shall not be forfeited or cancelled under that order—
- (a) until the date of expiry of the period within which notice of appeal against the conviction or sentence may be given, nor
@@ -468,7 +510,7 @@
- (b) if an appeal against the order or the conviction which gave rise to it is taken within that period, until the date when that appeal is determined or abandoned or deemed to have been abandoned.
## PART IV — Supplementary
## Part IV — Supplementary
#### Powers of Secretary of State as to monetary limits, fees etc.
@@ -476,19 +518,23 @@
- (1) The Secretary of State may by order—
- (a) vary the figure of £5,000 in section 5(3)(d)(i) above and in paragraph 2 of Schedule 2 below ;
- (b) vary any monetary limit in section 10(1) or 11 above ;
- (c) direct that any provision of section 16 above which is specified in the order and which specifies a sum shall have effect as if for that sum there were substituted such other sum as may be specified in the order ;
- (a) vary the sum specified in section 5(3B) or (3C) above;
- (b) vary any sum or percentage specified in section 11 above or prescribe the percentage referred to in subsection (16) of that section;
- (c) direct that any provision of section 16 above which is specified in the order and which specifies a sum shall have effect as if for that sum there were substituted such other sum as may be specified in the order;
- (d) vary the fee payable under paragraph 3 or 9 of Schedule 1 below;
- (e) prescribe the fees to be payable under paragraph 7 of Schedule 2 below ; and
- (e) prescribe the fees to be payable , or provide that no fees are to be payable, under paragraph 2, 6 or 10 of Schedule 1A below or paragraph 6A or 7 of Schedule 2 below; and
- (ee) vary the sum specified in paragraph 13(1) of Schedule 1A below or paragraph 6D(1) of Schedule 2 below;
- (eee) vary the fee payable under paragraph 1 of Schedule 2A below; and
- (f) vary the fee payable under paragraph 18 of Schedule 3 below, or provide that it shall cease to be payable.
- (2) An order made by virtue of subsection (1)(e) above may, instead of specifying the amount of any fee, authorise the Board to determine the amount subject to such limit, or in accordance with such provisions, as may be prescribed by the order.
- (2) An order made by virtue of subsection (1) above may make different provision for different cases or circumstances and an order made by virtue of paragraph (e) of that subsection may, instead of specifying the amount of any fee, authorise the Board to determine the amount subject to such limit, or in accordance with such provisions, as may be prescribed by the order.
#### Search warrants
@@ -524,7 +570,7 @@
- (1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
- (2) In subsection (1) above, except as it applies for the purposes of section 13 above, " director ", in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.
- (2) In subsection (1) above, except as it applies for the purposes of section 13 above, “*director*”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.
#### Meaning of "private gain" in relation to proceeds of entertainments, lotteries and gaming promoted on behalf of certain societies
@@ -544,39 +590,43 @@
- (1) In this Act, except where the context otherwise requires—
- " the Board " means the Gaming Board for Great Britain ;
- " contravention ", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;
- " date ", in relation to a lottery, means the date on which the winners in that lottery are ascertained ;
- " distribute ", in relation to documents or other matters, includes distribution to persons or places within or outside Great Britain, and " distribution " shall be construed accordingly;
- " exempt entertainment " has the meaning assigned to it by section 3(1) above ;
- " gaming " has the same meaning as in the Gaming Act 1968;
- " local authority " means— in England, a county council, the Greater London Council, a district council, a London borough council, the Common Council of the City of London, the Council of the Isles of Stilly and a parish council; in Wales, a county council, a district council and a community council; and in Scotland, a regional council, an islands council and a district council;
- " local lottery " has the meaning assigned to it by section 6(1) above;
- " money " includes a cheque, banknote, postal order or money order;
- " newspaper " includes any journal, magazine or other periodical publication;
- " premises " includes any place ;
- " printing " includes writing and other modes of reproducing words in a visible form ;
- "private lottery " has the meaning assigned to it by section 4(1) above;
- " society " includes any club, institution, organisation or association of persons, by whatever name called, and any separate branch or section of such a club, institution, organisation or association;
- " society's lottery " has the meaning assigned to it by section 5(1) above;
- " ticket ", in relation to any lottery, includes any document evidencing the claim of a person to participate in the chances of the lottery.
- (2) In this Act, unless the context otherwise requires, a reference to the promotion of a society's lottery or a local lottery includes a reference to the conduct of that lottery, and " promote " shall be construed accordingly.
- “*the Board*” means the Gaming Board for Great Britain;
- “*contravention*”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;
- “*date*”, in relation to a lottery, means the date on which the winners in that lottery are ascertained;
- “*distribute*”, in relation to documents or other matters, includes distribution to persons or places within or outside Great Britain, and “*distribution*” shall be construed accordingly;
- “*employee*” and “*employment*” have the same meanings as in the Employment Rights Act 1996
- “*exempt entertainment*” has the meaning assigned to it by section 3(1) above;
- “*gaming*” has the same meaning as in the Gaming Act 1968;
- “*local authority*” means—in England, a county council, . . . , a district council, a London borough council, the Common Council of the City of London, the Council of the Isles of Scilly and a parish council;in Wales, a county council, a county borough council and a community council; andin Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
- “*local lottery*” has the meaning assigned to it by section 6(1) above;
- “*money*” includes a cheque, banknote, a postal order or money order;
- “*newspaper*” includes any journal, magazine or other periodical publication;
- “*premises*” includes any place;
- “*printing*” includes writing and other modes of reproducing words in a visible form;
- “*private lottery*” has the meaning assigned to it by section 4(1) above;
- “*registration authority*” has the meaning given by paragraph 1 of Schedule 1 below
- “*society*” includes any club, institution, organisation or association of persons, by whatever name called, and any separate branch or section of such a club, institution, organisation or association;
- “*society’s lottery*” has the meaning assigned to it by section 5(1) above;
- “*ticket*”, in relation to any lottery, includes any document evidencing the claim of a person to participate in the chances of the lottery.
- (2) In this Act, unless the context otherwise requires, a reference to the promotion of a society’s lottery or a local lottery includes a reference to the conduct of that lottery, and “*promote*” shall be construed accordingly.
#### Orders and regulations
@@ -594,9 +644,9 @@
- (2) The amendments specified in Schedule 4 to this Act shall have effect.
- (3) The enactments specified in Schedule 5 to this Act are repealed to the extent specified in column 3 of that Schedule.
- (4) In so far as any instrument made or any other thing whatsoever done under any enactment repealed by this Act could have been made or done under* a corresponding enactment in this Act, it shall not be invalidated by the repeal of that enactment but shall have effect as if made or done under that corresponding enactment; and for the purposes of this provision anything which under section 57(3) of the Betting, Gaming and Lotteries Act 1963 had effect as if done under any enactment in that Act shall, so far as may be necessary for the continuity of the law, be treated as done under the corresponding enactment in this Act.
- (3) The enactments specified in Schedule 5 to this Act are repealed to theextent specified in column 3 of that Schedule.
- (4) In so far as any instrument made or any other thing whatsoever done under any enactment repealed by this Act could have been made or done under a corresponding enactment in this Act, it shall not be invalidated by the repeal of that enactment but shall have effect as if made or done under that corresponding enactment; and for the purposes of this provision anything which under section 57(3) of the Betting, Gaming and Lotteries Act 1963 had effect as if done under any enactment in that Act shall, so far as may be necessary for the continuity of the law, be treated as done under the corresponding enactment in this Act.
- (5) Any enactment or other document referring to an enactment repealed by this Act or by the Betting, Gaming and Lotteries Act 1963 shall, so far as may be necessary for preserving its effect, be construed as referring, or as including a reference, to the corresponding enactment in this Act.
@@ -604,11 +654,11 @@
- (7) Where any provision contained in any local Act passed before the Betting and Gaming Act 1960 appears to the Secretary of State to have been superseded by, or to be inconsistent with, section 15 or 16 above, the Secretary of State may by order, a draft of which shall be laid before Parliament, specify that provision for the purposes of this subsection; and, without prejudice to the operation of any rule of law relating to the effect on any such provision of the relevant enactment in the said Act of 1960, any provision so specified is hereby repealed as from the date of the making of the order.
- (8) Section 254(2)(c) of the Local Government Act 1972 (power of Secretary of State to amend, etc., enactments by order) shall apply to this Act as if it had been passed before 1st April 1974.
- (9) This Act shall come into force immediately after the coming into force of the Lotteries Act 1975, or, if the provisions of that Act come into force on different dates, immediately after the coming into force of the last of them ; but
- (a) nothing in this subsection shall be taken as prejudicing the exercise, by virtue of section 37 of the Interpretation Act 1889 (exercise of statutory powers between passing and commencing of Act) of any powers under the Lotteries Act 1975 or this Act in respect of the registration of schemes for societies' lotteries or local lotteries ; and
- (8) Section 254(2)(*c*) of the Local Government Act 1972 (power of Secretary of State to amend, etc., enactments by order) shall apply to this Act as if it had been passed before 1st April 1974.
- (9) This Act shall come into force immediately after the coming into force of the Lotteries Act 1975, or, if the provisions of that Act come into force on different dates, immediately after the coming into force of the last of them; but
- (a) nothing in this subsection shall be taken as prejudicing the exercise, by virtue of section 37 of the Interpretation Act 1889 (exercise of statutory powers between passing and commencing of Act) of any powers under the Lotteries Act 1975 or this Act in respect of the registration of schemes for societies’ lotteries or local lotteries; and
- (b) nothing in this Act shall be taken as prejudicing the operation of section 38 of that Act (which relates to the effect of repeals).
@@ -616,91 +666,89 @@
## SCHEDULE 1
## PART I — Registration
## Part I — Registration
##### 1
- (1) An application for the registration of a society for the purposes of section 5 above shall be made to the registration authority.
- (2) In this Schedule "registration authority", in relation to any society, means—
- (a) in England, a London borough council, a district council, the Common Council of the City of London, or the Council of the Isles of Stilly ;
- (b) in Wales, a district council;
- (c) in Scotland, an islands or district council,
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) In this Act“*registration authority*”, in relation to any society, means—
- (a) in England, a London borough council, a district council, the Common Council of the City of London, or the Council of the Isles of Scilly;
- (b) in Wales, a county council or county boroughcouncil;
- (c) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994,
being the authority within whose area the office or head office of the society is situated.
##### 2
Any such application shall specify the purposes for which the society is established and conducted.
An application to the registration authority for the registration of a society shall specify the purposes for which the society is established and conducted.
##### 3
Subject to the provisions of this Schedule, upon application being duly made on behalf of a society and upon payment of a fee of £10, the registration authority shall register the society in a register to be kept for the purposes of section 5 above and notify the society in writing that they have done so.
Subject to the provisions of this Schedule, upon application being duly made on behalf of a society and upon payment of a fee of £35, the registration authority shall register the society in a register to be kept for the purposes of section 5 above and notify the society in writing that they have done so.
##### 4
- (1) The registration authority may, after giving the society an opportunity of being heard, refuse or revoke the registration of the society under this Part of this Schedule if it appears to the authority—
- (a) that any person has been convicted of an offence to which this paragraph applies committed in connection with a lottery promoted or proposed to be promoted on behalf of the society ; or
- (b) that the society does not satisfy or has ceased to satisfy the conditions specified in section 5(1) above.
- (a) that any person who is or will be a person connected with a lottery promoted or proposed to be promoted on behalf of the society has been convicted of an offence to which this paragraph applies; or
- (b) that the society does not satisfy or has ceased to satisfy the conditions specified in section 5(1) above ; or
- (c) that any information given by the society to the authority in or in connection with the society’s application for registration was false in a material particular.
- (2) This paragraph applies to any of the following offences, namely—
- (a) an offence under section 2 or 13 above ;
- (b) an offence under paragraph 14 below or paragraph 12 of Schedule 7 to the Betting, Gaming and Lotteries Act 1963 ;
- (c) an, offence under section 42 or 45 of that Act; and
- (a) an offence under section 2 or 13 above;
- (b) an offence under paragraph 14 below paragraph 14 of Schedule 1A below, paragraph 8 or 9 of Schedule 2 below, paragraph 12 of Schedule 2A below or paragraph 12 of Schedule 7 to the Betting, Gaming and Lotteries Act 1963;
- (c) an offence under section 42 or 45 of that Act; and
- (d) an offence involving fraud or dishonesty.
- (3) For the purposes of sub-paragraph (1)(a) above, a person connected with a lottery is a person who is or has been—
- (a) involved in the promotion of the lottery; or
- (b) employed for reward in connection with the promotion of any other lottery on behalf of the same society.
##### 5
Where the registration of any society has been refused or revoked under paragraph 4 above by a registration authority in England or Wales, that authority shall forthwith notify the society of the refusal or revocation and the society may appeal to the Crown Court, and any such appeal shall be commenced by giving notice to the appropriate officer of the Crown Court and to the registration authority within 21 days of the day on which notice of the refusal or revocation is given to the society.
Where the registration of any society has been refused or revoked under paragraph 4 or 4A above by a registration authority in England or Wales, that authority shall forthwith notify the society of the refusal or revocation and the society may appeal to the Crown Court, and any such appeal shall be commenced by giving notice to the appropriate officer of the Crown Court and to the registration authority within 21 days of the day on which notice of the refusal or revocation is given to the society.
##### 6
Where the registration of any society has been refused or revoked under paragraph 4 of this Schedule by a registration authority in Scotland, that authority shall forthwith notify the society of the refusal or revocation, and the society may appeal, within such time, and in accordance with such rules, as may be prescribed by the Court of Session by act of sederunt, to the sheriff having jurisdiction in the registration authority's area, and on any such appeal the decision of the sheriff shall be final and may include such order as to the expenses of the appeal as he thinks proper.
Where the registration of any society has been refused or revoked under paragraph 4 or 4A of this Schedule by a registration authority in Scotland, that authority shall forthwith notify the society of the refusal or revocation, and the society may appeal, within such time, and in accordance with such rules, as may be prescribed by the Court of Session by act of sederunt, to the sheriff having jurisdiction in the registration authority’s area, and on any such appeal the decision of the sheriff shall be final and may include such order as to the expenses of the appeal as he thinks proper.
##### 7
Where the registration authority revoke a registration under paragraph 4 above, then, until the time within which notice of appeal under paragraph 5 or 6 above may be given has expired and, if such notice is duly given, until the determination or abandonment of the appeal, the registration shall be deemed to continue in force, and if the Crown Court or, as the case may be, the sheriff confirms the decision of the registration authority, the Court or the sheriff may, if it or he thinks fit, order that the registration shall continue in force for a further period not exceeding two months from the date of the order.
Where the registration authority revoke a registration under paragraph 4 or 4A above, then, until the time within which notice of appeal under paragraph 5 or 6 above may be given has expired and, if such notice is duly given, until the determination or abandonment of the appeal, the registration shall be deemed to continue in force, and if the Crown Court or, as the case may be, the sheriff confirms the decision of the registration authority, the Court or the sheriff may, if it or he thinks fit, order that the registration shall continue in force for a further period not exceeding two months from the date of the order.
##### 8
A society which is for the time being registered under this Part of this Schedule may at any time apply to the registration authority for the cancellation of the registration ; and in any such case the authority shall cancel the registration accordingly.
A society which is for the time being registered under this Part of this Schedule may at any time apply to the registration authority for the cancellation of the registration; and in any such case the authority shall cancel the registration accordingly.
##### 9
Every society which is registered under this Part of this Schedule shall pay to the registration authority on 1st January in each year while it is registered a fee of £5, and any such fee which remains unpaid after the date on which it becomes payable may be recovered by the authority as a debt.
Every society which is registered under this Part of this Schedule shall pay to the registration authority on 1st January in each year while it is registered a fee of £17.50, and any such fee which remains unpaid after the date on which it becomes payable may be recovered by the authority as a debt.
##### 10
Subject to the provisions of this Schedule, the registration of any society under Schedule 7 to the Betting, Gaming and Lotteries Act 1963 shall have effect as registration under this Schedule.
## PART II — Returns
## Part II — Returns
##### 11
Subject to paragraph 12 below, the promoter of a society's lottery shall, not later than the end of the third month after the date of the lottery, send to the registration authority a return certified by two other members of the society, being persons of full age appointed in writing by the governing body of the society, showing—
- (a) a copy of the scheme under which the lottery was promoted ;
- (b) the whole proceeds of the lottery ;
- (c) the sums appropriated out of those proceeds on account of expenses and on account of prizes respectively;
- (d) the particular purpose or purposes to which proceeds of the lottery were applied in pursuance of section 5(4) above, and the amount applied for that purpose, or for each of those purposes, as the case may be; and
- (e) the date of the lottery.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 12
Paragraph 11 above shall not apply to a society's lottery promoted in accordance with a scheme registered with the Board.
Paragraph 11 above shall not apply to a society’s lottery if on the date of the lottery the society was registered with the Board under Schedule 1A below.
##### 13
@@ -714,71 +762,127 @@
##### 1
A local authority shall submit to the Board any scheme approved by the authority under section 6(2)(b) above.
A local authority shall submit to the Board any scheme approved by the authority under section 6(2)(*b*) above.
##### 2
A society shall submit to the Board any scheme approved by the society under section 5(3)(c) above if the total value of tickets or chances to be sold in any lottery promoted in accordance with that scheme exceeds £5,000.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 3
- (1) The Board shall register a scheme submitted to them under this Schedule unless—
- (a) in the case of a scheme submitted by a society, that society is not registered under Schedule 1 above ; or
- (b) the scheme is contrary to law ; or
- (1) The Board shall register a scheme submitted to them under this Schedule ,and notify the local authority in writing that they have done so, unless—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) the scheme is contrary to law; or
- (c) except where the Secretary of State otherwise directs, the Board is not satisfied either—
- (i) that all lotteries promoted by or on behalf of the applicant within the last five years have been properly conducted ; or
- (ii) that all fees payable under this Act have been paid; or
- (iii) that all the requirements of the Board under paragraph 6 below have been complied with ; or
- (d) except where the Secretary of State otherwise directs, it appears to the Board that an unsuitable person will be employed for reward in connection with the promotion of a lottery under the scheme.
- (2) In this paragraph and in paragraph 4 below " unsuitable person" means a person who has been convicted of—
- (a) an offence under section 2 or 13 above ;
- (b) an offence under paragraph 14 of Schedule 1 above or paragraph 12 of Schedule 7 to the Betting, Gaming and Lotteries Act 1963 ;
- (i) that all lotteries promoted by or on behalf of the local authoritywithin the last five years have been properly conducted; or
- (ii) that all fees payable by the local authority under this Act have been paid; or
- (iii) that all the requirements of the Board under paragraph 6 below have been complied with; or
- (d) except where the Secretary of State otherwise directs, it appears to the Board that an unsuitable person will be a person conncted with a lottery under the scheme ; or
- (e) except where the Secretary of State otherwise directs, it appears to the Board that the local authority—
- (i) have given to the Board in or in connection with the authority’s application for registration of the scheme any information which was false in a material particular; or
- (ii) have failed to comply with a requirement imposed on them under paragraph 6C below; or
- (f) except where the Secretary of State otherwise directs, it appears to the Board that an act or omission of a person who will be a person connected with a lottery under the scheme was a cause—
- (i) of the registration of another scheme being refused or revoked on a ground specified in paragraph (e) above or paragraph 4(2)(c) below;
- (ii) of the registration of a society being refused or revoked on the ground specified in paragraph 3(2)(b) or (f) of Schedule 1A above or under paragraph 3(5) of that Schedule; or
- (iii) of a relevant lottery, in the promotion of which that person was involved, not being properly conducted.
- (1A) In considering whether sub-paragraph (1)(f) above applies, the Board shall disregard any act or omission that occurred more than five years previously.
- (1B) Where a scheme submitted to the Board under this Schedule is not registered by them, the Board shall notify the local authority concerned in writing of that fact and the reason for it
- (2) In this paragraph and in paragraph 4 below “*unsuitable person*” means a person who has been convicted of—
- (a) an offence under section 2 or 13 above;
- (b) an offence under paragraph 14 of Schedule 1 above , paragraph 14 of Schedule 1A above, paragraph 8 or 9 below, paragraph 12 of Schedule 2A below or paragraph 12 of Schedule 7 to the Betting, Gaming and Lotteries Act 1963;
- (c) an offence under section 42 or 45 of that Act; or
- (d) an offence involving fraud or dishonesty.
- (d) an offence involving fraud or dishonesty;
- (3) For the purposes of this paragraph and paragraph 4 below—
- (a) a person connected with a lottery is a person who is or has been—
- (i) involved in the promotion of the lottery; or
- (ii) employed for reward in connection with the promotion of any other lottery under the same scheme; and
- (b) “*relevant lottery*”, in relation to a scheme and a person, means a lottery promoted—
- (i) under another scheme that at the time of the person’s involvement with the promotion of the lottery was registered with the Board; or
- (ii) on behalf of a society that at the time of the person’s involvement with the promotion of the lottery was registered with the Board.
##### 4
- (1) The Board shall have power to revoke the registration of any scheme on any of the grounds (a), (b), (c) or (d) specified in paragraph 3(1) above.
- (2) The Board shall also have power to revoke the registration of any scheme where it appears to them that an unsuitable person has been employed for reward in connection with the promotion of any lottery under that scheme.
- (1) The Board shall revoke the registration of a scheme if it comes to their attention that the scheme has become, or has always been, contrary to law.
- (2) The Board may revoke the registration of a scheme—
- (a) on any of the grounds (c), (d) or (e) specified in paragraph 3(1) above;
- (b) if it appears to them that an unsuitable person is a person connected with any lottery under the scheme;
- (c) if it appears to them that the local authority have failed to comply with a requirement imposed on them by or under paragraph 5A, 6, 6B, 6C or 6D below; or
- (d) if it appears to them that an act or omission of a person who is or will be a person connected with a lottery under the scheme was a cause—
- (i) of the registration of another scheme being refused or revoked on a ground specified in paragraph 3(1)(e) or paragraph (c) above;
- (ii) of the registration of a society being refused or revoked on the ground specified in paragraph 3(2)(b) or (f) of Schedule 1A above or under paragraph 3(5) of that Schedule; or
- (iii) of a relevant lottery, in the promotion of which that person was involved, not being properly conducted.
- (2A) In considering whether sub-paragraph (2)(d) above applies, the Board shall disregard any act or omission that occurred more than five years previously.
- (3) The revocation of the registration of any scheme under this paragraph shall not have effect in relation to any lottery in respect of which any tickets or chances have already been sold at the date of revocation.
##### 5
- (1) The Secretary of State may direct the Board to restore any registration which, in pursuance of paragraph 4 above, the Board have revoked on any of the grounds specified in paragraph 3(1)(c) or (d) above or paragraph 4(2) above, and the Board shall give effect to any such direction.
- (1) The Secretary of State may direct the Board to restore any registration that has been revoked under paragraph 4(2) above, and the Board shall give effect to any such direction.
- (1A) The Board shall notify a local authority in writing of any direction that has been given to the Board under sub-paragraph (1) above in relation to a scheme approved by the authority under section 6(2)(b) above.
- (2) The restoration of any registration under sub-paragraph (1) above shall have effect from the date of revocation or such later date as may be specified in the direction.
##### 6
The Board shall have power to require the provision of accounts in relation to any lottery promoted under a scheme registered by them, and any other information which they may require in respect of any lottery promoted or to be promoted under a scheme registered by them or submitted to them for registration.
- (1) A local authority shall, before the end of the period of three months beginning with the date of any local lottery promoted by them, send a return in respect of the lottery to the Board.
- (2) The return shall be in such form and contain such information as the Board may direct.
- (3) A direction under sub-paragraph (2) above shall be given in writing and may be varied or revoked by a subsequent direction.
##### 7
- (1) The following fees shall be payable to the Board—
- (a) a prescribed fee on an application for the registration of a scheme ; and
- (b) where more than one lottery is to be promoted under a scheme registered by the Board, a further prescribed fee for each lottery promoted under that scheme.
- (1) The following fees shall be payable by a local authority to the Board—
- (a) a prescribed fee on an application for a scheme approved by the authority to be registered under this Schedule;
- (b) a prescribed fee at such intervals whilst such a scheme is so registered as the Secretary of State may by order direct; and
- (c) a prescribed fee for each lottery promoted under such a scheme.
- (2) Any such fees received by the Board shall be paid into the Consolidated Fund.
##### 8
Any person who, in pursuance of a requirement under paragraph 6 above, knowingly or recklessly gives to the Board any information which is false in a material particular shall be guilty of an offence.
Any person who, in pursuance of a requirement under paragraph 6, 6C or 6Dabove, knowingly or recklessly gives to the Board any information which is false in a material particular shall be guilty of an offence.
## SCHEDULE 3
@@ -786,25 +890,29 @@
##### 1
- (1) In this Schedule "the appropriate authority " means—
- (a) in relation to any premises in England or Wales in respect of which a justices' on-licence (other than a Part IV licence) is for the time being in force, the licensing justices for the licensing district in which the premises are situated ;
- (b) in relation to any other premises in England or Wales, the local authority within whose area the premises are situated ;
- (c) in relation to any premises in Scotland in respect of which a hotel certificate or a public house certificate is for the time being in force, the licensing court for the licensing area in which the premises are situated ;
- (1) In this Schedule “*the appropriate authority*” means—
- (a) in relation to any premises in England or Wales in respect of which a justices’ on-licence (other than a Part IV licence) is for the time being in force, the licensing justices for the licensing district in which the premises are situated;
- (b) in relation to any other premises in England or Wales, the local authority within whose area the premises are situated;
- (c) in relation to any premises in Scotland in respect of which a hotel licence or a public house licence is for the time being in force, the licensing board for the licensing area in which the premises are situated;
- (d) in relation to any other premises in Scotland, the local authority within whose area the premises are situated.
- (2) In this Schedule—
- " justices' on-licence ", licensing district" and " Part IV licence " have the same meanings as in the Licensing Act 1964 ;
- " hotel certificate ", " licensing area " and " public house certificate " have the same meanings as in the Licensing (Scotland) Act 1959 ;
- " local authority " means— in England, a district council, a London borough council and the Common Council of the City of London ; in Wales, a district council; and in Scotland, an islands council and a district council ; and
- " permit " means a permit under section 16 above.
- “*justices’ on-licence*”, “*licensing district*” and “*Part IV licence*” have the same meanings as in the Licensing Act 1964;
- “*hotel certificate*”, “*licensing area*” and “*public house licence*” have the same meanings as in the Licensing (Scotland) Act 1959;
- “*hotel licence*”, “*licensing area*”, “*licensing board*” and “*public house licence*” have the same meanings as in the Licensing (Scotland) Act 1976;
- “*local authority*” means—in England, a district council, a London borough council and the Common Council of the City of London;in Wales, a county council or county boroughcouncil; andin Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and
- “*permit*” means a permit under section 16 above and
- “*the proper officer of the appropriate authority*” means—where the appropriate authority is the licensing justices for a licensing district in England and Wales, the chief executive to the justices; andin any other case, the clerk to the authority.
### Resolution by local authority as to grant or renewal of permits
@@ -812,7 +920,7 @@
Any local authority may pass either of the following resolutions, that is to say—
- (a) that (subject to paragraph 3 below) the authority will not grant any permits in respect of premises of a class specified in the resolution ; or
- (a) that (subject to paragraph 3 below) the authority will not grant any permits in respect of premises of a class specified in the resolution; or
- (b) that (subject to paragraph 3 below) the authority will neither grant nor renew any permit in respect of premises of a class specified in the resolution.
@@ -828,7 +936,7 @@
- (1) An application to the appropriate authority for the grant of a permit in respect of any premises may be made—
- (a) by the holder of the licence or certificate, in the case of premises such as are mentioned in paragraph 1(1)(a) or (c) above, and
- (a) by the holder of the licence or certificate, in the case of premises such as are mentioned in paragraph 1(1)(*a*) or (*c*) above, and
- (b) in any other case, by the person who is, or by any person who proposes if the permit is granted to become, the occupier of the premises.
@@ -860,7 +968,7 @@
- (b) the appropriate authority shall not refuse to renew a permit except either on the grounds that they or their authorised representatives have been refused reasonable facilities to inspect the premises or by reason of the conditions in which amusements with prizes have been provided on the premises, or the manner in which any such amusements have been conducted, while the permit has been in force.
- (2) In the case of premises other than premises to which paragraph 3 above applies, the grant or renewal of a permit shall (subject to paragraph 6 above) be at the discretion of the appropriate authority ; and in particular, and without prejudice to the generality of that discretion, the appropriate authority may refuse to grant or renew any such permit on the grounds that, by reason of the purposes for which, or the persons by whom, or any circumstances in which, the premises are or are to be used, it is undesirable that amusements with prizes should be provided on those premises.
- (2) In the case of premises other than premises to which paragraph 3 above applies, the grant or renewal of a permit shall (subject to paragraph 6 above) be at the discretion of the appropriate authority; and in particular, and without prejudice to the generality of that discretion, the appropriate authority may refuse to grant or renew any such permit on the grounds that, by reason of the purposes for which, or the persons by whom, or any circumstances in which, the premises are or are to be used, it is undesirable that amusements with prizes should be provided on those premises.
- (3) The preceding provisions of this paragraph shall have effect subject to section 17(1) above.
@@ -872,9 +980,9 @@
- (1) Where on an application under this Schedule in England or Wales the appropriate authority refuse to grant or renew a permit, or grant or renew it subject to a condition, the authority shall forthwith give to the applicant notice of their decision and of the grounds on which it is made.
- (2) Where such a notice has been given, the applicant may, by notice to the clerk to the appropriate authority, appeal against the decision to the Crown Court.
- (3) As soon as practicable after receiving notice of appeal against a decision of the appropriate authority, the clerk to the authority shall send the notice to the appropriate officer of the Crown Court together with a statement of the decision against which the appeal is brought and of the name and last-known residence or place of business of the appellant, and on receipt of the notice, that officer shall enter the appeal and give to the appellant and to the appropriate authority not less than seven days' notice in writing of the date, time and place appointed for the hearing of the appeal.
- (2) Where such a notice has been given, the applicant may, by notice to the proper officer of the appropriate authority, appeal against the decision to the Crown Court.
- (3) As soon as practicable after receiving notice of appeal against a decision of the appropriate authority, the proper officer of the authority shall send the notice to the appropriate officer of the Crown Court together with a statement of the decision against which the appeal is brought and of the name and last-known residence or place of business of the appellant, and on receipt of the notice, that officer shall enter the appeal and give to the appellant and to the appropriate authority not less than seven days’ notice in writing of the date, time and place appointed for the hearing of the appeal.
- (4) A justice shall not act in the hearing or determination of an appeal under this paragraph from any decision in which he took part.
@@ -884,7 +992,7 @@
##### 10
Subject to paragraph 9 above, on any such appeal the Court may by its order allow or dismiss the appeal, or reverse or vary any part of the decision of the appropriate authority, and may deal with the application as if it had been made to the Court in the first instance ; and the judgment of the Court on the appeal shall be final.
Subject to paragraph 9 above, on any such appeal the Court may by its order allow or dismiss the appeal, or reverse or vary any part of the decision of the appropriate authority, and may deal with the application as if it had been made to the Court in the first instance; and the judgment of the Court on the appeal shall be final.
##### 11
@@ -894,13 +1002,13 @@
- (b) has awarded the licensing justices any costs and is satisfied that the licensing justices cannot recover those costs,
the Court shall order payment out of central funds of such sums as appear to the Court sufficient to indemnify the licensing justices from all costs and charges whatever to which they have been put in consequence of the appellant's having served notice of appeal.
the Court shall order payment out of central funds of such sums as appear to the Court sufficient to indemnify the licensing justices from all costs and charges whatever to which they have been put in consequence of the appellant’s having served notice of appeal.
### Appeal in Scotland against decision of appropriate authority
##### 12
Where on an application under this Schedule in Scotland the appropriate authority refuse to grant or renew a permit, or grant or renew it subject to a condition, the authority shall forthwith give to the applicant notice of their decision and of the grounds on which it is made; and the applicant may, within such time, and in accordance with such rules, as may be prescribed by the Court of Session by act of sederunt, appeal against the decision to the sheriff having jurisdiction in the authority's area.
Where on an application under this Schedule in Scotland the appropriate authority refuse to grant or renew a permit, or grant or renew it subject to a condition, the authority shall forthwith give to the applicant notice of their decision and of the grounds on which it is made; and the applicant may, within such time, and in accordance with such rules, as may be prescribed by the Court of Session by act of sederunt, appeal against the decision to the sheriff having jurisdiction in the authority’s area.
##### 13
@@ -932,7 +1040,7 @@
- (1) A permit shall not be transferable, and, subject to the following provisions of this paragraph, shall cease to have effect if—
- (a) in the case of premises falling within paragraph 1(1)(a) or (c) above, the holder of the permit ceases to be the holder of the licence or certificate in respect of the premises, or
- (a) in the case of premises falling within paragraph 1(1)(*a*) or (*c*) above, the holder of the permit ceases to be the holder of the licence or certificate in respect of the premises, or
- (b) in the case of any other premises, the holder of the permit ceases to be the occupier of the premises.
@@ -948,7 +1056,7 @@
##### 18
Notwithstanding anything in the preceding provisions of this Schedule, no permit shall be granted or renewed except on payment by the applicant to the appropriate authority or their clerk of a fee of £2.50.
Notwithstanding anything in the preceding provisions of this Schedule, no permit shall be granted or renewed except on payment by the applicant to the appropriate authority or their proper officer of a fee of £32
## SCHEDULE 4
@@ -956,41 +1064,38 @@
##### 1
In section 1(2)(c) of the Gaming Act 1968 (gaming to which Part I of that Act applies) for the words from the first " in " to " 1963 " there shall be substituted the words " as mentioned in section 15(1) or 16(1) of the Lotteries and Amusements Act 1976 ".
In section 1(2)(c) of the Gaming Act 1968 (gaming to which Part I ofthat Act applies) for the words from the first “in” to “1963” there shall be substituted the words “as mentioned in section 15(1) or 16(1) of theLotteries and Amusements Act 1976”.
##### 2
In section 34(1)(c) of that Act (uses of machines) for the words " section 49 of the Act of 1963 " there shall be substituted the words " section 16 of the Lotteries and Amusements Act 1976 ".
In section 34(1)(c) of that Act (uses of machines) for the words “section 49 of the Act of 1963” there shall be substituted the words “section 16 of the Lotteries and Amusements Act 1976”.
##### 3
In section 41(1)(c) of that Act (gaming at entertainments not held for private gain) for the words from the first " in " to " 1963 " there shall be substituted the words " as mentioned in section 15(1) or 16(1) of the Lotteries and Amusements Act 1976 ".
In section 41(1)(c) of that Act (gaming at entertainments not held forprivate gain) for the words from the first “in” to “1963” there shall be substituted the words “as mentioned in section 15(1) or 16(1) of the Lotteries and Amusements Act 1976”.
##### 4
In section 42(2)(d) of that Act (restrictions on advertisements relating to gaming) for the words from " 4 " to " 49 " there shall be substituted the words " 3 of Schedule 3 to the Lotteries and Amusements Act 1976 applies and in respect of which a permit under section 16 ".
In section 42(2)(d) of that Act (restrictions on advertisements relating to gaming) for the words from “4” to “49” there shall besubstituted the words “3 of Schedule 3 to the Lotteries and Amusements Act 1976 applies and in respect of which a permit under section 16”.
##### 5
The following section shall be added after section 51 of that Act:—
> (51A)
> (1) In construing sections 33 and 41 of this Act, proceeds of any entertainment, lottery or gaming promoted on behalf of a society to which this subsection extends which are applied for any purpose calculated to benefit the society as a whole shall not be held to be applied for purposes of private gain by reason only that their application for that purpose results in benefit to any person as an individual.
> (2) Subsection (1) above extends to any society which is established and conducted either—
> (a) wholly for purposes other than purposes of any commercial undertaking ; or
> (b) wholly or mainly for the purpose of participation in or support of athletic sports or athletic games ;
> and in this section " society " includes any club, institution, organisation or association of persons, by whatever name called, and any separate branch or section of such a club, institution, organisation or association.
> (3) For the purposes of sections 33 and 41 of this Act, where any payment falls to be made by way of a hiring, maintenance or other charge in respect of a machine to which Part III of this Act applies or in respect of any equipment for holding a lottery or gaming at any entertainment, then if, but only if, the amount of that charge falls to be determined wholly or partly by reference to the extent to which that or some other machine or equipment is used for the purposes of lotteries or gaming, that payment shall be held to be an application of the proceeds of the entertainment for the purposes of private gain.
.
The following section shall be added after section 51 of that Act—
> (1) In construing sections 33 and 41 of this Act, proceeds of any entertainment, lottery or gaming promoted on behalf of a society to which this subsection extends which are applied for any purpose calculated to benefit the society as a whole shall not be held to be applied for purposes of private gain by reason only that their application for that purpose results in benefit to any person as an individual.
> (2) Subsection (1) above extends to any society which is established and conducted either—
> (a) wholly for purposes other than purposes of any commercial undertaking; or
> (b) wholly or mainly for the purpose of participation in or support of athletic sports or athletic games;
> and in this section “society” includes any club, institution, organisation or association of persons, by whatever name called, and any separate branch or section of such a club, institution, organisation or association.
> (3) For the purposes of sections 33 and 41 of this Act, where any payment falls to be made by way of hiring, maintenance or other charge in respect of a machine to which Part III of this Act applies or in respect of any equipment or holding a lottery or gaming at any entertainment, then if, but only if, the amount of that charge falls to be determined wholly or partly by reference to the extent to which that or some other machine or equipment is used for the purposes of lotteries or gaming, that payment shall be held to be an applicationof the proceeds of the entertainment for the purposes of private gain.
##### 6
- (1) In subsection (1) of section 52 of that Act (interpretation) after the definition of " machine " there shall be inserted the following definition:—
> - " newspaper " includes any journal, magazine or other periodical publication ;
- (2) In subsection (3)(a) of that section for the words from " section 43(1) " to the end of the sub-paragraph there shall be substituted the words " section 3 (small lotteries incidental to certain entertainment), 4 (private lotteries), 5 (societies' lotteries) or 6 (local lotteries) of the Lotteries and Amusements Act 1976 and ".
- (1) In subsection (1) of section 52 of that Act (interpretation) after the definition of “machine” there shall be inserted the following definition—
> “newspaper” includes any journal, magazine or other periodical publication;
- (2) In subsection (3)(a) of that section for the words from “section 43(1)” to the end of the sub-paragraph there shall be substituted the words “section 3 (small lotteries incidental to certain entertainment), 4 (private lotteries), 5 (societies’ lotteries) or 6 (local lotteries) of the Lotteries and Amusements Act 1976 and”.
### Pool Competitions Act 1971
@@ -1005,31 +1110,21 @@
- (2) In section 6(1) of that Act (offences for which consent to prosecute is required)—
- (a) in paragraph (a), for the words " section 42 or section 47 of the Betting, Gaming and Lotteries Act 1963 " there shall be substituted the words " section 2 or section 14 of the Lotteries and Amusements Act 1976 ";
- (b) in paragraph (b), for the words " that Act" there shall be substituted the words " the Betting, Gaming and Lotteries Act 1963 ".
- (a) in paragraph (a), for the words “section 42 or section 47 of the Betting, Gaming and Lotteries Act 1963” there shall be substituted the words “section 2 or section 14 of the Lotteries and Amusements Act 1976”;
- (b) in paragraph (b), for the words “that Act” there shall be substituted the words “the Betting, Gaming and Lotteries Act 1963”.
### Betting and Gaming Duties Act 1972
##### 8
- (1) In section 6 of the Betting and Gaining Duties Act 1972 (pool betting duty), for paragraph (b) of subsection (3) there shall be substituted the following paragraph:—
> (b) " bet" does not include the taking of a ticket or chance—
> (i) in any lottery which is declared by section 3, 4 or 25(6) of the Lotteries and Amusements Act 1976 not to be unlawful; or
> (ii) in any society's lottery or local lottery within the meaning of section 5 or 6 of that Act, in which the relevant monetary limits are not exceeded (disregarding any variation of those limits made by order under section 18 of that Act).
- (2) For subsection (4) of that section (which was added by paragraph 3(b) of Schedule 3 to the Lotteries Act 1975) there shall be substituted the following subsection:—
> (4) In subsection (3) above "relevant monetary limits" means the limits referred to in section 5(4) (a) and subsections (2), (5) (6) and (8) of section 11 of the said Act of 1976.
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Local Government Act 1974
##### 9
In section 1(4) of the Local Government Act 1974 (relevant expenditure for purposes of rate support grant) for the words " and section 5(3) of the Lotteries Act 1975 " (which were inserted by that Act) there shall be substituted the words " and section 8(3) of the Lotteries and Amusements Act 1976 ".
In section 1(4) of the Local Government Act 1974 (relevant expenditure for purposes of rate support grant) for the words “and section 5(3) ofthe Lotteries Act 1975” (which were inserted by that Act) there shall be substituted the words “and section 8(3) of the Lotteries and Amusements Act 1976”.
## SCHEDULE 5
@@ -1938,29 +2033,3 @@
[^key-894d93de64a44b5b0c39f0547f584d86]: Fee in sch. 2A para. 1(3) substituted (1.4.2004) by [The Lotteries (Gaming Board Fees) Order 2004 (S.I. 2004/532)](https://www.legislation.gov.uk/uksi/2004/532), [arts. 1](https://www.legislation.gov.uk/uksi/2004/532/article/1), [8](https://www.legislation.gov.uk/uksi/2004/532/article/8)
[^key-2be9524bd13e4e0649d955d7d695fbac]: Act repealed (1.9.2007) by [Gambling Act 2005 (c. 19)](https://www.legislation.gov.uk/ukpga/2005/19), [ss. 356(3)](https://www.legislation.gov.uk/ukpga/2005/19/section/356/3), [358(1)](https://www.legislation.gov.uk/ukpga/2005/19/section/358/1), [Sch. 17](https://www.legislation.gov.uk/ukpga/2005/19/schedule/17) (with [ss. 352](https://www.legislation.gov.uk/ukpga/2005/19/section/352), [354](https://www.legislation.gov.uk/ukpga/2005/19/section/354)); [S.I. 2006/3272](https://www.legislation.gov.uk/uksi/2006/3272), [art. 5](https://www.legislation.gov.uk/uksi/2006/3272/article/5) (with [arts. 7-12](https://www.legislation.gov.uk/uksi/2006/3272/article/7), [Sch. 4](https://www.legislation.gov.uk/uksi/2006/3272/schedule/4))
##### 17A
- (1) This paragraph applies where—
- (a) a premises licence authorising the supply of alcohol for consumption on particular premises has been granted under paragraph 4 of Schedule 8 to the Licensing Act 2003 (conversion of existing justices' licences to premises licences),
- (b) the application for the licence was made by virtue of paragraph 2(3)(b) of that Schedule (application made by a person with the consent of the existing licence holder), and
- (c) a permit granted by the licensing justices has effect in respect of the premises immediately before the premises licence takes effect.
- (2) This paragraph also applies where—
- (a) a premises licence authorising the supply of alcohol for consumption on particular premises has been granted under section 18 of the Licensing Act 2003 (determination of application for premises licence) before 24th November 2005,
- (b) a justices' licence granted under the Licensing Act 1964 has effect in respect of the premises immediately before that day (“the existing licence”),
- (c) the application for the premises licence was made by a person other than the holder of the existing licence, and
- (d) a permit granted by the licensing justices has effect in respect of the premises immediately before the premises licence takes effect.
- (3) The permit is transferred, at the time the premises licence takes effect, to the holder of that licence (and, accordingly, does not cease to have effect at that time under paragraph 17(1)(a)).
- (4) Subject to that, the permit continues to have effect in accordance with this Schedule.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1976-07-22
Lotteries and Amusements Act 1976 (repealed)
original version
Text at this date