Legalize / United Kingdom / Public General Act

Gambling Act 2005

Type Public General Act

Publication 2005-04-07

Last updated 2025-07-22

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part 1 — Interpretation of Key Concepts

Principal concepts

Gaming machine

1

In this Act a reference to the licensing objectives is a reference to the objectives of—

(a) preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime,

(b) ensuring that gambling is conducted in a fair and open way, and

Licensing authorities

2

(1) For the purposes of this Act the following are licensing authorities—

(a) in relation to England—

(i) a district council,

(ii) a county council for a county in which there are no district councils,

(iii) a London borough council,

(iv) the Common Council of the City of London, and

(v) the Council of the Isles of Scilly,

(b) in relation to Wales—

(i) a county council, and

(ii) a county borough council, and

(c) in relation to Scotland, a licensing board continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 16).

(2) For the purposes of Schedule 13, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple are licensing authorities.

Gambling

3

In this Act “gambling” means—

(a) gaming (within the meaning of section 6),

(b) betting (within the meaning of section 9), and

Remote gambling

4

(1) In this Act “remote gambling” means gambling in which persons participate by the use of remote communication.

(2) In this Act “remote communication” means communication using—

(a) the internet,

(b) telephone,

(d) radio, or

(e) any other kind of electronic or other technology for facilitating communication.

(3) The Secretary of State may by regulations provide that a specified system or method of communication is or is not to be treated as a form of remote communication for the purposes of this Act (and subsection (2) is subject to any regulations under this subsection).

Facilities for gambling

5

(1) For the purposes of this Act a person provides facilities for gambling if he—

(a) invites others to gamble in accordance with arrangements made by him,

(b) provides, operates or administers arrangements for gambling by others, or

(2) But a person does not provide facilities for gambling for the purposes of this Act by virtue only of—

(a) providing an article other than a gaming machine to a person who intends to use it, or may use it, in the course of any of the activities mentioned in subsection (1)(a) to (c),

(b) providing, otherwise than in the course of providing, operating or administering arrangements for gambling or participating in the operation or administration of gambling, an article to a person who intends to use it, or may use it, for gambling, or

(i) persons carrying on any of those activities, or

(ii) persons gambling in response to or in accordance with any of those activities.

(3) A person provides facilities for gambling (despite subsection (2)(c)) if—

(a) he makes facilities for remote communication available for use,

(b) the facilities are adapted or presented in such a way as to facilitate, or to draw attention to the possibility of, their use for gambling, and

(i) they cannot reasonably be expected to be used for purposes other than gambling, or

(ii) they are intended to be used wholly or mainly for gambling.

(4) The Secretary of State may by order, for the purposes of subsection (3)(c)—

(a) provide that facilities of a specified nature, or adapted or presented in a specified way, cannot reasonably be expected to be used for purposes other than gambling;

(b) provide that facilities of a specified nature, or adapted or presented in a specified way, can reasonably be expected to be used for purposes other than gambling;

(c) specify criteria by which it is to be determined whether facilities can reasonably be expected to be used for purposes other than gambling;

(d) provide that facilities of a specified nature, or adapted or presented in a specified way, shall be taken as being intended to be used wholly or mainly for gambling;

(e) provide that facilities of a specified nature, or adapted or presented in a specified way, shall be taken as not being intended to be used wholly or mainly for gambling;

(f) specify criteria by which it is to be determined whether facilities are intended to be used wholly or mainly for gambling.

Gaming

Gaming & game of chance

6

(1) In this Act “gaming” means playing a game of chance for a prize.

(2) In this Act “game of chance”—

(a) includes—

(i) a game that involves both an element of chance and an element of skill,

(ii) a game that involves an element of chance that can be eliminated by superlative skill, and

(iii) a game that is presented as involving an element of chance, but

(b) does not include a sport.

(3) For the purposes of this Act a person plays a game of chance if he participates in a game of chance—

(a) whether or not there are other participants in the game, and

(b) whether or not a computer generates images or data taken to represent the actions of other participants in the game.

(4) For the purposes of this Act a person plays a game of chance for a prize—

(a) if he plays a game of chance and thereby acquires a chance of winning a prize, and

(b) whether or not he risks losing anything at the game.

(5) In this Act “prize” in relation to gaming (except in the context of a gaming machine)—

(a) means money or money's worth, and

(b) includes both a prize provided by a person organising gaming and winnings of money staked.

(6) The Secretary of State may by regulations provide that a specified activity, or an activity carried on in specified circumstances, is or is not to be treated for the purposes of this Act as—

(a) a game;

(b) a game of chance;

Casino

7

(1) For the purposes of this Act a casino is an arrangement whereby people are given an opportunity to participate in one or more casino games.

(2) In this Act “casino game” means a game of chance which is not equal chance gaming.

(3) But the Secretary of State may by regulations provide that a specified activity, or an activity carried on in specified circumstances, is to be or not to be treated as a casino game for the purposes of this Act (and subsection (2) is subject to regulations under this subsection).

(4) For the purposes of this section it is immaterial—

(a) whether an arrangement is provided on one set of premises or on more than one;

(b) whether an arrangement is provided wholly or partly by means of remote communication.

(5) The Secretary of State shall make regulations by reference to which any casino may be classified as—

(a) a regional casino,

(b) a large casino,

(d) below the minimum size for a licensed casino.

(6) Regulations under subsection (5) may make provision by reference to—

(a) the number of gaming tables used or designated for the playing of specified casino games or classes of casino game,

(b) the location of gaming tables used or designated for the playing of specified casino games or classes of casino game,

(c) the concentration of gaming tables used or designated for the playing of specified casino games or classes of casino game,

(d) the floor area used or designated for a specified purpose,

(e) any combination of the matters listed in paragraph (a) to (d), or

(f) any other matter.

(7) Regulations under subsection (5) may—

(a) include provision for determining what floor area is to be treated as being used or designated for a purpose;

(b) include provision for determining what activities do or do not amount to the playing of a specified casino game or class of casino game;

(c) include provision for determining what is or is not to be treated as a gaming table (and, in particular, in what circumstances a number of tables are to be treated as if they were a single gaming table);

(d) provide that a gaming table is to be treated as being used or designated only if specified conditions (which may, in particular, relate to purpose of use, extent of use or circumstances of use) are satisfied.

Equal chance gaming

8

(1) For the purposes of this Act gaming is equal chance gaming if—

(a) it does not involve playing or staking against a bank, and

(b) the chances are equally favourable to all participants.

(2) For the purposes of subsection (1) it is immaterial—

(a) how a bank is described, and

(b) whether or not a bank is controlled or administered by a player.

Betting

Betting: general

9

(1) In this Act “betting” means making or accepting a bet on—

(a) the outcome of a race, competition or other event or process,

(b) the likelihood of anything occurring or not occurring, or

(2) A transaction that relates to the outcome of a race, competition or other event or process may be a bet within the meaning of subsection (1) despite the facts that—

(a) the race, competition, event or process has already occurred or been completed, and

(b) one party to the transaction knows the outcome.

(3) A transaction that relates to the likelihood of anything occurring or not occurring may be a bet within the meaning of subsection (1) despite the facts that—

(a) the thing has already occurred or failed to occur, and

(b) one party to the transaction knows that the thing has already occurred or failed to occur.

Spread bets, &c.

10

(1) For the purposes of section 9(1) “bet” does not include a bet the making or accepting of which is a regulated activity within the meaning of section 22 of the Financial Services and Markets Act 2000 (c. 8).

(2) An order under section 22 of that Act which has the effect that a class of bet becomes or ceases to be a regulated activity may, in particular, include transitional provision relating to the application of this Act to that class of bet.

(3) This section is subject to section 38(3).

Betting: prize competitions

11

(1) For the purposes of section 9(1) a person makes a bet (despite the fact that he does not deposit a stake in the normal way of betting) if—

(a) he participates in an arrangement in the course of which participants are required to guess any of the matters specified in section 9(1)(a) to (c),

(b) he is required to pay to participate, and

(i) win a prize, or

(ii) enter a class among whom one or more prizes are to be allocated (whether or not wholly by chance).

(2) In subsection (1) a reference to guessing includes a reference to predicting using skill or judgment.

(3) Schedule 1 makes further provision about when a person is to be or not to be treated for the purposes of subsection (1)(b) as being required to pay to participate in an arrangement.

(4) In subsection (1)(c) “prize” includes any money, articles or services—

(a) whether or not described as a prize, and

(b) whether or not consisting wholly or partly of money paid, or articles or services provided, by the members of the class among whom the prizes are allocated.

Pool betting

12

(1) For the purposes of this Act betting is pool betting if made on terms that all or part of winnings—

(a) shall be determined by reference to the aggregate of stakes paid or agreed to be paid by the persons betting,

(b) shall be divided among the winners, or

(2) For the purposes of this Act pool betting is horse-race pool betting if it relates to horse-racing in Great Britain.

Betting intermediary

13

(1) In this Act “betting intermediary” means a person who provides a service designed to facilitate the making or acceptance of bets between others.

(2) For the purposes of this Act acting as a betting intermediary is providing facilities for betting.

Lottery

14

(1) For the purposes of this Act an arrangement is a lottery, irrespective of how it is described, if it satisfies one of the descriptions of lottery in subsections (2) and (3).

(2) An arrangement is a simple lottery if—

(a) persons are required to pay in order to participate in the arrangement,

(b) in the course of the arrangement one or more prizes are allocated to one or more members of a class, and

(3) An arrangement is a complex lottery if—

(a) persons are required to pay in order to participate in the arrangement,

(b) in the course of the arrangement one or more prizes are allocated to one or more members of a class,

(d) the first of those processes relies wholly on chance.

(4) In this Act “prize” in relation to lotteries includes any money, articles or services—

(a) whether or not described as a prize, and

(b) whether or not consisting wholly or partly of money paid, or articles or services provided, by the members of the class among whom the prize is allocated.

(5) A process which requires persons to exercise skill or judgment or to display knowledge shall be treated for the purposes of this section as relying wholly on chance if—

(a) the requirement cannot reasonably be expected to prevent a significant proportion of persons who participate in the arrangement of which the process forms part from receiving a prize, and

(b) the requirement cannot reasonably be expected to prevent a significant proportion of persons who wish to participate in that arrangement from doing so.

(6) Schedule 2 makes further provision about when an arrangement is to be or not to be treated for the purposes of this section as requiring persons to pay.

(7) The Secretary of State may by regulations provide that an arrangement of a specified kind is to be or not to be treated as a lottery for the purposes of this Act; and—

(a) the power in this subsection is not constrained by subsections (1) to (6) or Schedule 2, and

(b) regulations under this subsection may amend other provisions of this section or Schedule 2.

National Lottery

15

(1) Participating in a lottery which forms part of the National Lottery is not gambling for the purposes of this Act (despite section 3(c) but subject to subsections (2) and (3) below).

(2) Participating in a lottery which forms part of the National Lottery is gambling for the purposes of—

(a) section 42, and

(b) section 335.

(3) Where participating in a lottery which forms part of the National Lottery would also constitute gaming within the meaning of section 6, it shall be treated as gaming for the purposes of this Act if and only if a person participating in the lottery is required to participate in, or to be successful in, more than three processes before becoming entitled to a prize.

(4) Participating in a lottery which forms part of the National Lottery shall not be treated as betting for the purposes of this Act where it would—

(a) satisfy the definition of pool betting in section 12, or

(b) satisfy the definition of betting in section 9 by virtue of section 11.

(5) Schedule 3 shall have effect.

Cross-category activities

Betting and gaming

16

(1) This section applies to a transaction which satisfies—

(a) the definition of betting in section 9, and

(b) the definition of gaming in section 6.

(2) A transaction to which this section applies which is pool betting (within the meaning of section 12) shall be treated for the purposes of this Act as betting (and not as gaming).

(3) Any other transaction to which this section applies shall be treated for the purposes of this Act as gaming (and not as betting).

(4) This section is subject to regulations under section 6(6).

Lotteries and gaming

17

(1) This section applies to an arrangement which satisfies—

(a) the definition of a game of chance in section 6, and

(b) the definition of a lottery in section 14.

(2) An arrangement to which this section applies shall be treated for the purposes of this Act as a game of chance (and not as a lottery) if a person who pays in order to join the class amongst whose members prizes are allocated is required to participate in, or to be successful in, more than three processes before becoming entitled to a prize.

(3) An arrangement to which this section applies shall, subject to subsection (2), be treated for the purposes of this Act as a lottery (and not as a game of chance) if—

(a) it satisfies paragraph 1(1)(a) and (b) of Schedule 11,

(b) it satisfies paragraph 10(1)(a) and (b) of Schedule 11,

(d) it satisfies paragraph 12(1)(a) and (b) of Schedule 11,

(e) it satisfies paragraph 20(1)(a) and (b) of Schedule 11,

(f) it satisfies paragraph 30(1)(a) and (b) of Schedule 11, or

(g) it is promoted in reliance on a lottery operating licence.

(4) Any other arrangement to which this section applies shall be treated for the purposes of this Act as a game of chance (and not as a lottery).

(5) This section is subject to regulations under section 6(6) or 14(7).

Lotteries and betting

18

(1) This section applies to a transaction which satisfies the definition of participating in a lottery in section 14 and also—

(a) satisfies the definition of pool betting in section 12, or

(b) satisfies the definition of betting in section 9 by virtue of section 11.

(2) A transaction to which this section applies shall be treated for the purposes of this Act as participating in a lottery (and not as betting) if—

(a) it satisfies paragraph 1(1)(a) and (b) of Schedule 11,

(b) it satisfies paragraph 10(1)(a) and (b) of Schedule 11,

(d) it satisfies paragraph 12(1)(a) and (b) of Schedule 11,

(e) it satisfies paragraph 20(1)(a) and (b) of Schedule 11,

(f) it satisfies paragraph 30(1)(a) and (b) of Schedule 11, or

(g) it is promoted in reliance on a lottery operating licence.

(3) Any other transaction to which this section applies shall be treated for the purposes of this Act as betting (and not as participating in a lottery).

(4) This section is subject to regulations under section 14(7).

Miscellaneous

Non-commercial society

19

(1) For the purposes of this Act a society is non-commercial if it is established and conducted—

(a) for charitable purposes,

(b) for the purpose of enabling participation in, or of supporting, sport, athletics or a cultural activity, or

(2) In subsection (1) “charitable purposes” means—

(a) in relation to England and Wales, purposes which are exclusively charitable purposes (as defined by section 2 of the Charities Act 2011) , and

(b) in relation to Scotland, purposes which are charitable purposes only (that expression having the same meaning as in the Income Tax Acts).

(3) The provision of a benefit to one or more individuals is not a provision for the purpose of private gain for the purposes of this Act if made in the course of the activities of a society that is a non-commercial society by virtue of subsection (1)(a) or (b).

Part 2 — The Gambling Commission

Establishment of the Commission

20

(1) There shall be a body corporate to be known as the Gambling Commission.

(2) Schedule 4 (which makes provision about the constitution and proceedings of the Commission) shall have effect.

Gaming Board: transfer to Commission

21

(1) Section 10 of and Schedule 1 to the Gaming Act 1968 (c. 65) (Gaming Board for Great Britain) shall cease to have effect.

(2) The functions, rights and liabilities of the Gaming Board for Great Britain shall on commencement become functions, rights and liabilities of the Gambling Commission.

(3) The persons who immediately before commencement are the members of the Gaming Board for Great Britain shall be treated as if on commencement they were appointed as commissioners of the Gambling Commission under paragraph 1 of Schedule 4 to this Act.

(4) The person who immediately before commencement is the chairman of the Gaming Board for Great Britain shall be treated as if on commencement he were appointed as the chairman of the Gambling Commission under paragraph 1 of Schedule 4 to this Act.

(5) In this section “commencement” means the coming into force of this section.

(6) Schedule 5 (which makes supplementary provision in relation to the transfer of functions and property from the Gaming Board to the Gambling Commission) shall have effect.

Duty to promote the licensing objectives

22

In exercising its functions under this Act the Commission shall aim—

(a) to pursue, and wherever appropriate to have regard to, the licensing objectives, and

(b) to permit gambling, in so far as the Commission thinks it reasonably consistent with pursuit of the licensing objectives.

Statement of principles for licensing and regulation

23

(1) The Commission shall prepare a statement setting out the principles to be applied by it in exercising its functions under this Act.

(2) The statement under this section shall, in particular, explain how the principles to be applied are expected to assist the Commission in its pursuit of the licensing objectives.

(3) The Commission shall—

(a) review the statement from time to time, and

(b) revise the statement when the Commission thinks it appropriate.

(4) The Commission shall as soon as is reasonably practicable publish—

(a) the statement, and

(b) any revision.

(5) Before issuing or revising a statement under this section the Commission shall consult—

(a) the Secretary of State,

(b) Her Majesty's Commissioners of Customs and Excise,

(c) one or more persons who appear to the Commission to represent local authorities (including, in Scotland, licensing boards),

(d) one or more persons who appear to the Commission to represent chief constables of police forces,

(da) the chief constable of the Police Service of Scotland,

(e) one or more persons who appear to the Commission to represent the interests of persons carrying on gambling businesses,

(f) one or more persons who appear to the Commission to have knowledge about social problems relating to gambling, and

(g) to such extent and in such manner as the Commission thinks appropriate, members of the public.

Codes of practice

24

(1) The Commission shall issue one or more codes of practice about the manner in which facilities for gambling are provided (whether by the holder of a licence under this Act or by another person).

(2) In particular, a code shall describe arrangements that should be made by a person providing facilities for gambling for the purposes of—

(a) ensuring that gambling is conducted in a fair and open way,

(b) protecting children and other vulnerable persons from being harmed or exploited by gambling, and

(3) A code may include provision about how facilities for gambling are advertised or described.

(4) A code may be revised or revoked by the Commission.

(5) A code, and any revision, must state when it comes into force.

(6) The Commission shall publish a code and any revision in a manner which the Commission thinks likely to bring it to the attention of those whose activities it concerns.

(7) The Commission may make different provision under this section for different cases or circumstances (whether or not by way of separate codes of practice).

(8) A failure to comply with a provision of a code shall not of itself make a person liable to criminal or civil proceedings; but this subsection is subject to any provision of or by virtue of this Act making an exception to an offence dependent on compliance with a code.

(9) But a code—

(a) shall be admissible in evidence in criminal or civil proceedings,

(b) shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant, and

(10) Before issuing or revising a code under this section the Commission shall consult—

(a) the Secretary of State,

(b) Her Majesty's Commissioners of Customs and Excise,

(i) carry on gambling businesses, and

(ii) are likely to be affected by the code or revision,

(d) one or more persons who appear to the Commission to have knowledge about social problems relating to gambling, and

(e) in the case of a code including provision by virtue of subsection (3), one or more persons who appear to the Commission to have a relevant responsibility for regulating the advertising industry.

(11) Before issuing or revising a code under this section the Commission shall also consult, if and to the extent that the Commission thinks appropriate having regard to the nature of the code or revision—

(a) one or more persons who appear to the Commission to represent local authorities (including, in Scotland, licensing boards),

(b) one or more persons who appear to the Commission to represent chief constables of police forces,

(ba) the chief constable of the Police Service of Scotland,

(c) one or more persons who appear to the Commission to represent the interests of persons carrying on gambling businesses (apart from those consulted under subsection (10)(c)), and

(d) in such manner as the Commission thinks appropriate, members of the public.

Guidance to local authorities

25

(1) The Commission shall from time to time issue guidance as to—

(a) the manner in which local authorities are to exercise their functions under this Act, and

(b) in particular, the principles to be applied by local authorities in exercising functions under this Act.

(2) A local authority shall have regard to guidance issued under subsection (1).

(3) The Commission shall publish guidance issued under subsection (1).

(4) Before issuing guidance under subsection (1) the Commission shall consult—

(a) the Secretary of State,

(b) Her Majesty's Commissioners of Customs and Excise,

(d) one or more persons who appear to the Commission to represent local authorities,

(e) one or more persons who appear to the Commission to represent the interests of persons carrying on gambling businesses, and

(f) one or more persons who appear to the Commission to have knowledge about social problems relating to gambling.

(5) Before issuing guidance under subsection (1) the Commission shall also consult, if and to the extent that the Commission thinks appropriate having regard to the nature of the guidance—

(a) one or more persons who appear to the Commission to represent chief constables of police forces, ...

(aa) the chief constable of the Police Service of Scotland, and

(b) in such manner as the Commission thinks appropriate, members of the public.

(6) In this section “local authority” means—

(a) in relation to England—

(i) a district council,

(ii) a county council for a county in which there are no district councils,

(iii) a London borough council,

(iv) the Common Council of the City of London,

(v) the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple, and

(vi) the Council of the Isles of Scilly,

(b) in relation to Wales—

(i) a county council, and

(ii) a county borough council, and

(c) in relation to Scotland, a licensing board continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 16) .

Duty to advise Secretary of State

26

(1) The Commission shall give advice to the Secretary of State about—

(a) the incidence of gambling,

(b) the manner in which gambling is carried on,

(d) the regulation of gambling.

(2) Advice under this section shall be given—

(a) in response to a request from the Secretary of State, and

(b) on such other occasions as the Commission thinks appropriate.

(3) The Commission shall send a copy of any advice under this section to the Scottish Ministers.

Compliance

27

The Commission may undertake activities for the purpose of assessing—

(a) compliance with provision made by or by virtue of this Act;

(b) whether an offence is being committed under or by virtue of this Act.

Investigation and prosecution of offences

28

(1) The Commission—

(a) may investigate whether an offence has been committed under this Act, and

(b) may institute criminal proceedings in respect of an offence under this Act.

(2) The power in subsection (1)(a) may be exercised whether in response to information received by the Commission or otherwise.

(3) Subsection (1)(b) shall not apply in relation to the institution of proceedings in Scotland.

Licensing authority information

29

(1) The Commission may require a licensing authority to provide information that—

(a) forms part of a register maintained by the authority under this Act, or

(b) is in the possession of the authority in connection with a provision of this Act.

(2) A requirement under subsection (1) may include a requirement for information to be—

(a) compiled or collated in a specified manner;

(b) provided in a specified form.

(3) A licensing authority shall comply with a requirement under this section.

Other exchange of information

30

(1) The Commission may provide information received by it in the exercise of its functions to any of the persons or bodies listed in Schedule 6—

(a) for use in the exercise of the person's or body's functions, or

(b) for the purpose of a function of the Commission.

(2) Any of the persons or bodies listed in Part 1 or 2 of Schedule 6 may provide to the Commission, for use in the exercise of its functions, information received by the person or body in the exercise of his or its functions.

(3) The Commission may provide information received by it in the exercise of its functions to the Comptroller and Auditor General for use in the exercise of his functions under Part 2 of the National Audit Act 1983 (c. 44).

(4) The Commission may provide information received by it in the exercise of its functions to a person if the provision is for the purpose of—

(a) a criminal investigation (whether in the United Kingdom or elsewhere), or

(b) criminal proceedings (whether in the United Kingdom or elsewhere).

(5) Note 2 to Schedule 6 shall not apply to the provision of information under subsection (3).

(6) Provision of information in reliance on this section may be subject to conditions (whether as to use, storage, disposal or otherwise).

(7) The Commission may charge a fee for the provision of information under subsection (1)(a).

(8) This section is subject to section 352.

(9) Nothing in this section authorises—

(a) the Commission to provide to the Commissioners for Her Majesty’s Revenue and Customs information received by it in the exercise of its national lottery functions, or

(b) the Commissioners for Her Majesty’s Revenue and Customs to provide information to the Commission for use in the exercise of its national lottery functions;

and for these purposes “national lottery functions” has the meaning given by section 4B(6) of the National Lottery etc. Act 1993 (disclosure of information between the Commission and the Commissioners for Her Majesty’s Revenue and Customs).

Consultation with National Lottery Commission

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation with Commissioners of Customs and Excise

32

(1) If in the course of the exercise of its functions the Gambling Commission becomes aware of a matter about which the Commissioners of Customs and Excise are likely to have an opinion, the Gambling Commission shall consult the Commissioners of Customs and Excise.

(2) The Gambling Commission shall comply with any direction of the Secretary of State (which may be general or specific) to consult the Commissioners of Customs and Excise.

Part 3 — General offences

Provision of facilities for gambling

33

(1) A person commits an offence if he provides facilities for gambling unless—

(a) an exception provided for in subsection (2) or (3) applies, or

(b) an exception provided for by any of the following provisions applies—

(i) sections 34 and 35,

(ii) sections 269 and 271 (clubs and miners' welfare institutes),

(iii) section 279 (premises with alcohol licence),

(iv) sections 289 to 292 (prize gaming),

(v) section 296 (private gaming and betting), and

(vi) section 298 (non-commercial gaming).

(2) Subsection (1) does not apply to any activity by a person if—

(a) he holds an operating licence authorising the activity, and

(b) the activity is carried on in accordance with the terms and conditions of the licence.

(3) Subsection (1) does not apply to any activity by a person if—

(a) he acts in the course of a business carried on by a person who holds an operating licence authorising the activity, and

(b) the activity is carried on in accordance with the terms and conditions of the licence.

(3A) Section 36(3A) limits the application of this section in cases involving the use in Great Britain of certain facilities for remote gambling.

(4) A person guilty of an offence under this section shall be liable on summary conviction to—

(a) imprisonment for a term not exceeding 51 weeks,

(b) a fine not exceeding level 5 on the standard scale, or

(5) In the application of subsection (4) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

Exception: lotteries

34

Section 33 shall not apply to the provision of facilities for a lottery.

Exception: gaming machines

35

Section 33 shall not apply to making a gaming machine available for use.

Territorial application

36

(1) For the purposes of section 33 it is immaterial whether facilities are provided—

(a) wholly or partly by means of remote communication;

(b) subject to subsections (2) and (3), inside the United Kingdom, outside the United Kingdom, or partly inside and partly outside.

(2) Section 33 applies to the provision of facilities for non-remote gambling only if anything done in the course of the provision of the facilities is done in Great Britain.

(3) Section 33 applies to the provision of facilities for remote gambling only if at least one piece of remote gambling equipment used in the provision of the facilities is situated in Great Britain (but whether or not the facilities are provided for use wholly or partly in the United Kingdom).

(3) Section 33 applies to the provision of facilities for remote gambling only if—

(a) at least one piece of remote gambling equipment used in the provision of the facilities is situated in Great Britain, or

(b) no such equipment is situated in Great Britain but the facilities are used there.

(3A) In a case within subsection (3)(b), the person providing the facilities commits an offence under section 33 only if the person knows or should know that the facilities are being used, or are likely to be used, in Great Britain.

(4) In this Act “remote gambling equipment” means, subject to subsection (5), electronic or other equipment used by or on behalf of a person providing facilities for remote gambling—

(a) to store information relating to a person's participation in the gambling,

(b) to present, to persons who are participating or may participate in the gambling, a virtual game, virtual race or other virtual event or process by reference to which the gambling is conducted,

(d) to store information relating to a result.

(5) In this Act “remote gambling equipment” does not include equipment which—

(a) is used by a person to take advantage of remote gambling facilities provided by another person, and

(b) is not provided by that other person.

Use of premises

37

(1) A person commits an offence if he uses premises, or causes or permits premises to be used, to—

(a) operate a casino,

(b) provide facilities for the playing of bingo,

(d) provide other facilities for gaming, or

(e) provide facilities for betting (whether by making or accepting bets, by acting as a betting intermediary or by providing other facilities for the making or accepting of bets).

(2) Subsection (1) does not apply in relation to the use of premises by a person if the use is authorised by a premises licence held by him.

(3) Subsection (1) does not apply in relation to the use of premises by a person if he acts in the course of a business carried on by another person who holds a premises licence authorising the use.

(4) Subsection (1) does not apply in relation to the use of a track by a person for accepting bets if the use is authorised by a premises licence (whether or not held by him).

(5) Subsection (1) does not apply in relation to the use of a casino for the provision of facilities for bingo or betting in accordance with an authorisation under section 174(3).

(6) Subsection (1) does not apply in relation to the use of premises to provide facilities which are to be used only by persons who—

(a) are acting in the course of a business, or

(b) are not on the premises.

(7) Other exceptions to subsection (1) are provided in—

(a) sections 39 and 40,

(b) section 214 (temporary use notice),

(d) sections 269, 271 and 273 (clubs and miners' welfare institutes),

(e) sections 279, 282 and 283 (premises with alcohol licence),

(f) section 287 (travelling fairs),

(g) sections 289 to 292 (prize gaming),

(h) section 296 (private gaming and betting), and

(i) section 298 (non-commercial gaming).

(8) A person guilty of an offence under this section shall be liable on summary conviction to—

(a) imprisonment for a term not exceeding 51 weeks,

(b) a fine not exceeding level 5 on the standard scale, or

(9) In the application of subsection (8) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

Power to amend section 37

38

(1) The Secretary of State may by order amend section 37(1) so as to—

(a) add a gambling activity,

(b) remove a gambling activity, or

(2) In subsection (1) “gambling activity” means an activity that is—

(a) a kind of gambling, or

(b) the provision of facilities for a kind of gambling.

(3) In particular, an order under subsection (1) may have the effect of applying section 37(1) to betting of the kind referred to in section 10(1) (subject to any specified exceptions).

(4) An order under subsection (1) may, in particular, make consequential amendment of—

(a) section 150;

(b) another provision of Part 8;

Exception: occasional use notice

39

(1) A person who accepts bets on a track, or who causes or permits premises to be used for the acceptance of bets, does not commit an offence under section 37 if—

(a) a notice has been given under this section in respect of the track, and

(b) the activity is carried on in accordance with the notice.

(2) A notice under this section (an “occasional use notice”) in respect of a track may be given only by a person who is—

(a) responsible for the administration of events on the track, or

(b) an occupier of the track.

(3) An occasional use notice must—

(a) be given in writing to the licensing authority for any area in which the track is wholly or partly situated, and

(b) be copied to either—

(i) in England and Wales, the chief officer of police for any area in which the track is wholly or partly situated, or

(ii) in Scotland, the chief constable of the police force maintained for the police area comprising that area.

(4) An occasional use notice must specify a day on which it has effect.

(5) An occasional use notice may not be given in respect of a track for a day in a calendar year if eight occasional use notices have been given in respect of that track for days in that year.

(6) In this section—

(a) “chief officer of police” has the meaning given by section 101(1) of the Police Act 1996 (c. 16), and

(b) a reference to a chief officer's area is a reference to the area in respect of which he has responsibility under that Act.

(7) The Secretary of State may by order amend subsection (5) so as to substitute a different maximum number of occasional use notices for a calendar year.

(8) An order under subsection (7) increasing the maximum number of occasional use notices for a calendar year may also make provision prohibiting the giving of a temporary use notice in a calendar year in respect of premises if a specified number of occasional use notices have been given in respect of the premises in that year.

Exception: football pools

40

(1) A person does not commit an offence under section 37 if he uses premises to do anything in accordance with an authorisation under section 93(3).

(2) The Secretary of State may make regulations disapplying subsection (1) to specified classes of premises.

Miscellaneous offences

Gambling software

41

(1) A person commits an offence if in the course of a business he manufactures, supplies, installs or adapts gambling software unless he acts in accordance with an operating licence.

(2) In this Act “gambling software”—

(a) means computer software for use in connection with remote gambling, but

(b) does not include anything for use solely in connection with a gaming machine.

(3) A person does not supply or install gambling software for the purposes of subsection (1) by reason only of the facts that—

(a) he makes facilities for remote communication or non-remote communication available to another person, and

(b) the facilities are used by the other person to supply or install gambling software.

(4) A person guilty of an offence under this section shall be liable on summary conviction to—

(a) imprisonment for a term not exceeding 51 weeks,

(b) a fine not exceeding level 5 on the standard scale, or

(5) In the application of subsection (4) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

Cheating

42

(1) A person commits an offence if he—

(a) cheats at gambling, or

(b) does anything for the purpose of enabling or assisting another person to cheat at gambling.

(2) For the purposes of subsection (1) it is immaterial whether a person who cheats—

(a) improves his chances of winning anything, or

(b) wins anything.

(3) Without prejudice to the generality of subsection (1) cheating at gambling may, in particular, consist of actual or attempted deception or interference in connection with—

(a) the process by which gambling is conducted, or

(b) a real or virtual game, race or other event or process to which gambling relates.

(4) A person guilty of an offence under this section shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine not exceeding the statutory maximum or to both.

(5) In the application of subsection (4) to Scotland the reference to the general limit in a magistrates’ court shall have effect as a reference to six months.

(6) Section 17 of the Gaming Act 1845 (c. 109) (winning by cheating) shall cease to have effect.

Chain-gift schemes

43

(1) A person commits an offence if he—

(a) invites another to join a chain-gift scheme, or

(b) knowingly participates in the promotion, administration or management of a chain-gift scheme.

(2) An arrangement is a “chain-gift” scheme if—

(a) in order to participate in the arrangement a person must make a payment to one or more other participants (a “joining fee”), and

(b) each person who participates in the arrangement—

(i) is required or invited to invite others to participate, and

(ii) is encouraged to believe that he will receive the joining fees, or part of the joining fees, of other participants, to an amount in excess of the joining fee paid by him.

(3) For the purposes of subsection (2)—

(a) “payment” means a payment of money or money's worth, but does not include the provision of goods or services, and

(b) it is immaterial whether a payment is made directly or through a person responsible for managing or administering the scheme.

(4) A person guilty of an offence under this section shall be liable on summary conviction to—

(a) imprisonment for a period not exceeding 51 weeks,

(b) a fine not exceeding level 5 on the standard scale, or

(5) In the application of subsection (4) to Scotland or Northern Ireland the reference to 51 weeks shall have effect as a reference to six months.

Provision of unlawful facilities abroad

44

(1) A person commits an offence if he does anything in Great Britain, or uses remote gambling equipment situated in Great Britain, for the purpose of inviting or enabling a person in a prohibited territory to participate in remote gambling.

(2) In subsection (1) “prohibited territory” means a country or place designated for the purpose of this section by order made by the Secretary of State.

(3) An order under subsection (2) shall prescribe the mode of trial and maximum penalty for an offence under subsection (1).

Part 4 — Protection of children and young persons

Interpretation

Meaning of “child” and “young person”

45

(1) In this Act “child” means an individual who is less than 16 years old.

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

Principal offences

Invitation to gamble

46

(1) A person commits an offence if he invites, causes or permits a child or young person to gamble.

(2) But subsection (1) does not apply in relation to—

(a) participation in private or non-commercial gaming,

(b) participation in private or non-commercial betting,

(d) participation in football pools,

(e) the use of a Category D gaming machine,

(f) participation in equal chance gaming in accordance with a prize gaming permit,

(g) participation in equal chance gaming at a licensed family entertainment centre,

(h) participation in prize gaming at a non-licensed family entertainment centre, or

(i) participation in prize gaming at a travelling fair in accordance with section 292.

(3) In subsection (1) a reference to inviting a child or young person to gamble includes, in particular, a reference to intentionally—

(a) sending to a child or young person any document which advertises gambling, or

(b) bringing to the attention of a child or young person information about gambling with a view to encouraging the child or young person to gamble.

(4) If a document which is sent to a child or young person and which advertises gambling gives the name or contact details of a person to whom payment may be made or from whom information may be obtained, that person shall be treated as having committed the offence under subsection (1) unless he proves that the document was sent—

(a) without his consent, and

(b) without his authority.

(5) If information about gambling is brought to the attention of a child or young person and includes the name or contact details of a person to whom payment may be made or from whom information may be obtained, that person (“the advertiser”) shall be treated as having committed the offence under subsection (1) unless he proves that the information was brought to the attention of the child or young person—

(a) without the advertiser's consent or authority, or

(b) as an incident of the information being brought to the attention of adults and without a view to encouraging the child or young person to gamble.

(6) In subsections (4) and (5) “contact details” means—

(a) an address or other location,

(b) a telephone number,

(d) an email address.

Invitation to enter premises

47

(1) A person commits an offence if he invites or permits a child or young person to enter premises if—

(a) a casino premises licence has effect in respect of the premises, and

(b) the premises are being used in reliance on that licence when the child or young person is invited or permitted to enter.

(2) But subsection (1) does not apply where—

(a) a child or young person is permitted to enter a part of premises which are being used for a regional casino, and

(b) that part is not being used for the provision of facilities for gambling when the child or young person is permitted to enter.

(3) The Secretary of State may for the purposes of subsection (2) by regulations make provision for—

(a) distinguishing between one part of premises and another;

(b) determining when use is being made of a part of premises.

(4) A person commits an offence if he invites or permits a child or young person to enter premises other than a track if—

(a) a betting premises licence has effect in respect of the premises, and

(b) the premises are being used in reliance on that licence when the child or young person is invited or permitted to enter.

(5) A person commits an offence if he invites or permits a child or young person to enter premises if—

(a) an adult gaming centre premises licence has effect in respect of the premises, and

(b) the premises are being used in reliance on that licence when the child or young person is invited or permitted to enter.

(6) A person commits an offence if he invites or permits a child or young person to enter an area from which children and young persons are required to be excluded by virtue of section 182.

(7) A person commits an offence if he invites or permits a child or young person to enter part of premises if—

(a) the premises are a licensed family entertainment centre,

(b) a person entering that part of the premises has access to a Category C gaming machine, and

(c) at the time when the child or young person is permitted or invited to enter, a Category C gaming machine is being used or is available for use.

Gambling

48

(1) A young person commits an offence if he gambles.

(2) But subsection (1) does not apply to—

(a) participation in private or non-commercial gaming,

(b) participation in private or non-commercial betting,

(d) participation in football pools,

(e) the use of a Category D gaming machine,

(f) participation in equal chance gaming in accordance with a prize gaming permit,

(g) participation in equal chance gaming at a licensed family entertainment centre,

(h) participation in prize gaming at a non-licensed family entertainment centre, or

(i) participation in prize gaming at a travelling fair in accordance with section 292.

Entering premises

49

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

Provision of facilities for gambling

50

(1) A young person commits an offence if he provides facilities for gambling.

(2) But subsection (1) does not apply to the provision of facilities in connection with—

(a) private or non-commercial gaming,

(b) private or non-commercial betting,

(d) football pools, or

(e) prize gaming at a travelling fair in accordance with section 292.

Employment offences

Employment to provide facilities for gambling

51

(1) A person commits an offence if he employs a child or young person to provide facilities for gambling.

(2) But subsection (1) does not apply to the provision of facilities in connection with—

(a) private or non-commercial gaming,

(b) private or non-commercial betting,

(d) football pools, or

(e) prize gaming at a travelling fair in accordance with section 292.

Employment for lottery or football pools

52

A person commits an offence if he employs a child to provide facilities for gambling in connection with—

(a) a lottery (other than a lottery which forms part of the National Lottery), or

(b) football pools.

Employment on bingo and club premises

53

A person commits an offence if he employs a child to perform any function on premises where, and at a time when—

(a) facilities are provided for the playing of bingo, or

(b) facilities for gambling are provided in accordance with a club gaming permit or a club machine permit.

Employment on premises with gaming machines

54

(1) A person commits an offence if—

(a) he employs a child or young person to perform any function on premises where a Category A, B, C or D gaming machine is situated, and

(b) the child or young person is or may be required in the course of his employment to perform a function in connection with the gaming machine.

(2) A young person commits an offence if he is employed in contravention of subsection (1).

Employment in casino, &c.

55

(1) A person commits an offence if he employs a child or young person to perform any function on premises in respect of which any of the following have effect—

(a) a casino premises licence,

(b) a betting premises licence, and

(2) But subsection (1) does not apply—

(a) to employment at a time when no activity is being carried on in reliance on the premises licence, or

(b) to employment on a part of premises which are being used for a regional casino at a time when that part is not being used for the provision of facilities for gambling.

(3) The Secretary of State may for the purposes of subsection (2) by regulations make provision for—

(a) distinguishing between one part of premises and another;

(b) determining when use is being made of a part of premises.

(4) A young person commits an offence if he is employed in contravention of subsection (1).

Miscellaneous offences

Invitation to participate in lottery

56

(1) A person commits an offence if he invites, causes or permits a child to participate in a lottery other than—

(a) an incidental ... lottery that is exempt for the purposes of section 258 by virtue of Part 1 of Schedule 11,

(b) a private lottery (whether a private society lottery, a work lottery or a residents' lottery) that is exempt for the purposes of section 258 by virtue of Part 2 of Schedule 11, or

(2) Subsections (3) to (6) of section 46 shall have effect in relation to subsection (1) of this section as they have effect in relation to subsection (1) of that section; and for that purpose—

(a) references to a child or young person shall be treated as references only to a child, and

(b) references to gambling shall be treated as references to participation in a lottery.

Invitation to participate in football pools

57

(1) A person commits an offence if he invites, causes or permits a child to participate in football pools.

(2) Subsections (3) to (6) of section 46 shall have effect in relation to subsection (1) of this section as they have effect in relation to subsection (1) of that section; and for that purpose—

(a) references to a child or young person shall be treated as references only to a child, and

(b) references to gambling shall be treated as references to participation in football pools.

Return of stake

58

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

Age limit for Category D gaming machines

59

(1) The Secretary of State may by order create an offence of inviting, causing or permitting a child or young person below a specified age to use a Category D gaming machine.

(2) An order under subsection (1) may, in particular—

(a) apply (with modifications) or include provision similar to section 46(3) to (6);

(b) make consequential amendments of this Act.

(3) Before making an order under subsection (1) the Secretary of State shall consult—

(a) the Commission,

(b) one or more persons who appear to the Secretary of State to represent the interests of persons carrying on gambling businesses, and

(c) one or more persons who appear to the Secretary of State to have knowledge about social problems relating to gambling.

(4) An order under subsection (1) may apply to a class of Category D gaming machine determined by reference to—

(a) the nature of the facilities for gambling which are made available on the machine,

(b) the nature or value of a prize offered by the machine,

(d) any other matter.

General

Temporary use notice

60

(1) For the purposes of this Part—

(a) a temporary use notice in respect of the use of premises to carry on an activity shall be treated as if it were a premises licence authorising that activity, and

(b) an occasional use notice in respect of premises shall be treated as if it were a betting premises licence.

(2) Sections 47(6) and 182 shall apply in relation to a notice treated as a premises licence by virtue of subsection (1) above.

Employment

61

(1) In this Part a reference to employing a person includes a reference to—

(a) employing or engaging the person whether or not under a contract of employment, and

(b) causing or permitting the person to be employed or engaged.

(2) Where a person commits an offence under this Part by employing a person or by being employed, he shall be treated as committing the offence on each day during any part of which the employment continues.

Penalty

62

(1) A person guilty of an offence under this Part shall be liable on summary conviction to—

(a) imprisonment for a term not exceeding 51 weeks,

(b) a fine not exceeding level 5 on the standard scale, or

(2) But in relation to an offence committed by a young person subsection (1) shall have effect as if—

(a) paragraphs (a) and (c) were omitted, and

(b) in paragraph (b) the reference to level 5 were a reference to level 3.

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

Reasonable belief about person’s age

63

(1) Where a person is charged with an offence under this Part of doing anything in relation to an individual who is a child it is a defence for the person charged to prove that—

(a) he took all reasonable steps to determine the individual's age, and

(b) he reasonably believed that the individual was not a child.

(2) Where a person is charged with an offence under this Part of doing anything in relation to an individual who is a young person it is a defence for the person charged to prove that—

(a) he took all reasonable steps to determine the individual's age, and

(b) he reasonably believed that the individual was not a young person.

Use of children in enforcement operations

64

(1) Nothing in this Part renders unlawful—

(a) anything done, in the performance of his functions, by a constable, an enforcement officer or an authorised person, or

(b) anything done by a child or young person at the request of a constable, enforcement officer or authorised person acting in the performance of his functions.

(2) Subsection (1) applies to an order under section 59 as to the provisions of this Part.

Part 5 — Operating Licences

Introductory

Nature of licence

65

(1) The Commission may issue operating licences in accordance with the provisions of this Part.

(2) An operating licence is a licence which states that it authorises the licensee—

(a) to operate a casino (a “casino operating licence”),

(b) to provide facilities for playing bingo (a “bingo operating licence”),

(d) to provide facilities for pool betting (a “pool betting operating licence”),

(e) to act as a betting intermediary (a “betting intermediary operating licence”),

(f) to make gaming machines available for use in an adult gaming centre (a “gaming machine general operating licence” for an adult gaming centre),

(g) to make gaming machines available for use in a family entertainment centre (a “gaming machine general operating licence” for a family entertainment centre),

(h) to manufacture, supply, install, adapt, maintain or repair a gaming machine, or a part of a gaming machine (a “gaming machine technical operating licence”),

(i) to manufacture, supply, install or adapt gambling software (a “gambling software operating licence”), or

(j) to promote a lottery (a “lottery operating licence”).

(3) The issue of an operating licence does not affect the application of section 37.

(4) The Secretary of State may by order amend subsection (2) so as to—

(a) add a kind of operating licence,

(b) remove a kind of operating licence, or

(5) An order under subsection (4) may, in particular, make consequential amendment of this Part (or a provision of this Act or another enactment that relates to this Part).

Form of licence

66

(1) An operating licence must specify—

(a) the person to whom it is issued,

(b) the period during which it is to have effect, and

(2) The Secretary of State may by regulations require the Commission to ensure that an operating licence—

(a) is issued in such form as the regulations may specify, and

(b) contains, in addition to the matters specified in subsection (1), such information as the regulations may specify (which may, in particular, include information about conditions attached to the licence by virtue of section 78).

Remote gambling

67

(1) An operating licence is a “remote operating licence” if it authorises activity to be carried on—

(a) in respect of remote gambling, or

(b) by means of remote communication.

(2) A remote operating licence may not also authorise activity which is neither—

(a) in respect of remote gambling, nor

(b) carried on by means of remote communication.

(3) An operating licence must state whether it is a remote operating licence or not.

(4) The power of the Commission to issue a remote operating licence to the holder of a licence suspended or revoked pursuant to a direction given under Schedule 27 to the Finance Act 2014 is subject to paragraph 7 of that Schedule (requirement for HMRC's consent).

Combined licence

68

(1) An operating licence may be a licence of more than one of the kinds described in section 65(2).

(2) Subsection (1) is subject to the following provisions of this section.

(3) A casino operating licence authorises the holder, by virtue of this subsection, to provide facilities—

(a) for betting on the outcome of a virtual game, race, competition or other event or process, subject to any exclusion or restriction provided for by way of condition under section 75 or 77;

(b) for any game of chance other than bingo (and this paragraph does not prevent the combination of a casino operating licence and a bingo operating licence in reliance on subsection (1)).

(4) A general betting operating licence authorises the holder, by virtue of this subsection, to provide facilities for betting on the outcome of a virtual race, competition or other event or process other than a game of chance, subject to any exclusion or restriction provided for by way of condition under section 75 or 77.

(5) The following kinds of operating licence authorise the holder, by virtue of this subsection, to make one or more gaming machines within Categories A to D available for use (in addition to authorising the activities specified in accordance with section 65(2))—

(a) a non-remote casino operating licence,

(b) a non-remote bingo operating licence,

(d) a non-remote pool betting operating licence.

(6) No other kind of operating licence (other than a gaming machine general operating licence) may authorise the holder to make a gaming machine available for use.

Issue

Application

69

(1) A person may apply to the Gambling Commission for an operating licence to be issued authorising him to provide facilities for gambling.

(2) An application must—

(a) specify the activities to be authorised by the licence,

(b) specify an address in the United Kingdom at which a document issued under this Act may be served on the applicant,

(d) state whether the applicant has been convicted of a relevant offence,

(e) state whether the applicant has been convicted of any other offence,

(f) contain or be accompanied by such other information or documents as the Commission may direct, and

(g) be accompanied by the prescribed fee.

(3) An application may not be made by—

(a) a child or young person, or

(b) a group that includes a child or young person.

(4) The Secretary of State may by regulations—

(a) require an applicant for an operating licence to notify specified persons within a specified period (which may be wholly or partly before the application is made), and

(b) provide for the consequences of failure to comply with a requirement under paragraph (a) (which may, in particular, include provision for an application to be disregarded or for a licence to lapse).

(5) In subsection (2)(g) “prescribed” means prescribed by regulations made by the Secretary of State; and the regulations may, in particular, make different provision for—

(a) applications for the authorisation of different classes of activity, or

(b) different circumstances.

Consideration of application: general principles

70

(1) In considering an application under section 69 the Commission—

(a) shall have regard to the licensing objectives,

(b) shall form and have regard to an opinion of the applicant's suitability to carry on the licensed activities,

(d) may consider the suitability of any other equipment to be used in connection with the licensed activities (by reference, in particular, to any relevant provision of standards established under section 89).

(2) For the purpose of subsection (1)(b) the Commission may, in particular, have regard to—

(a) the integrity of the applicant or of a person relevant to the application;

(b) the competence of the applicant or of a person relevant to the application to carry on the licensed activities in a manner consistent with pursuit of the licensing objectives;

(c) the financial and other circumstances of the applicant or of a person relevant to the application (and, in particular, the resources likely to be available for the purpose of carrying on the licensed activities).

(3) In considering an application for a non-remote casino operating licence the Commission shall have regard, in addition to the matters specified in subsection (1), to the applicant's commitment to—

(a) protecting vulnerable persons from being harmed or exploited by gambling, and

(b) making assistance available to persons who are or may be affected by problems related to gambling.

(4) The statement maintained by the Commission under section 23 must specify the principles to be applied by the Commission in considering applications under section 69.

(5) The statement must, in particular, specify the kind of evidence to which the Commission will have regard when assessing integrity, competence and financial or other circumstances; and that evidence may include—

(a) interviews conducted by or on behalf of the Commission;

(b) references provided to the Commission at the request of the applicant;

(d) information sought by the Commission as to solvency in general and financial reserves in particular;

(e) the completion of training (whether provided in accordance with arrangements made by the Commission or otherwise);

(f) the possession of qualifications (whether awarded in accordance with arrangements made by the Commission or otherwise).

(6) The statement must also, in particular, specify the kind of evidence to which the Commission will have regard in considering the suitability of a gaming machine or of other equipment; and that evidence may include—

(a) the result of a test carried out by a person at the request of the Commission;

(b) the opinion of any person.

(7) The statement may specify a class of applicant or other person in relation to whom the Commission will or may assume integrity for the purpose of subsection (2)(a).

(8) The statement may specify a class of gaming machine or other equipment in relation to which the Commission will or may assume suitability; and—

(a) a class may, in particular, be defined by reference to standards under section 89 or 96 or by reference to regulations under Part 10, and

(b) subsection (1)(c) and (d) shall not apply to the consideration of an application in so far as it specifies that a gaming machine or other equipment falling within a class specified under this subsection is to be used in connection with the licensed activities.

(9) For the purposes of this section—

(a) in relation to an application, a reference to the licensed activities is a reference to the activities which will be the licensed activities if the application is granted, and

(b) a person is relevant to an application if, in particular, he is likely to exercise a function in connection with, or to have an interest in, the licensed activities.

(10) For the purposes of this section “equipment” includes—

(a) a computer,

(b) a device for the playing of a casino game, and

(but a gaming machine is not equipment for the purposes of this section).

Consideration of application: criminal record

71

(1) The Commission may refuse an application under section 69 if the applicant or a person relevant to the application has a conviction for a relevant offence.

(2) This section does not prejudice the generality of section 70.

(3) The reference in subsection (1) to a person who is relevant to an application shall be construed in accordance with section 70(9)(b).

Consideration of application: demand

72

In determining whether to grant an operating licence the Commission may not have regard to—

(a) the area in Great Britain within which it is proposed to provide facilities, or

(b) the expected demand for facilities which it is proposed to provide.

Procedure

73

(1) For the purpose of considering an application under section 69 the Commission may—

(a) require the applicant to provide information;

(b) consult, and have regard to information provided by or an opinion stated by, any person.

(2) In subsection (1) “information” and “opinion” mean information or an opinion about—

(a) the applicant,

(b) a person relevant to the application, or

(3) In particular, the Commission may require the production of a criminal records document relating to—

(a) the applicant, or

(b) a person relevant to the application

or the production of up-date information ... in relation to a document mentioned in subsection (3A)(a)(i).

(3A) In subsection (3)—

(a) “criminal records document” means—

(i) an enhanced criminal record certificate under section 113B of the Police Act 1997;

(ii) a Level 2 disclosure under section 11 of the Disclosure (Scotland) Act 2020;

(b) “up-date information” has the meaning given by section 116A of the Police Act 1997.

(4) The statement maintained by the Commission under section 23 must, in particular, specify the Commission's practice in relation to—

(a) the delegation of functions in relation to applications,

(b) the holding of oral hearings of applications, and

(5) The Commission may disregard an irregularity or deficiency in or in relation to an application, other than a failure to pay the fee required by section 69(2)(g).

(6) For the purposes of this section a reference to the licensed activities or to a person relevant to an application shall be construed in accordance with section 70(9).

Determination of application

74

(1) On considering an application under section 69 the Commission shall—

(a) grant it,

(b) reject it, or

(c) grant it in respect of one or more of the activities specified in accordance with section 69(2)(a) and reject it in respect of the others.

(2) Where the Commission grants an application in whole or in part it shall as soon as is reasonably practicable—

(a) notify the applicant of the grant, and

(b) issue an operating licence to the applicant.

(3) Where the Commission rejects an application in whole or in part it shall as soon as is reasonably practicable notify the applicant of—

(a) the rejection, and

(b) the reasons for it.

Conditions

General conditions imposed by Commission

75

(1) The Commission may specify conditions to be attached to—

(a) each operating licence, or

(b) each operating licence falling within a specified class.

(2) For the purposes of subsection (1)(b) a class may be defined wholly or partly by reference to—

(a) the nature of the licensed activities;

(b) the circumstances in which the licensed activities are carried on;

(c) the nature or circumstances of the licensee or of another person involved or likely to be involved in the conduct of the licensed activities.

(3) Where the Commission issues an operating licence it shall attach to the licence any condition specified under subsection (1) as a condition to be attached to operating licences of a class within which the licence falls.

General conditions: procedure

76

(1) The Commission may amend or revoke a condition specified under section 75; and a reference in this section to the specification of a condition includes a reference to the amendment or revocation of a condition.

(2) Before specifying a condition the Commission shall consult—

(a) one or more persons who in the Commission's opinion represent the interests of operating licensees who may be affected by the condition, and

(b) such of the persons specified in section 23(5) as the Commission thinks appropriate (if any).

(3) The Commission shall publish any specification as soon as is reasonably practicable.

(4) Where the Commission proposes to specify a condition—

(a) at least three months before making the specification the Commission shall give notice of it to the holder of each licence which—

(i) has effect at that time, and

(ii) is within a class affected by the specification,

(b) if the Commission issues, after that time but before the specification is made, an operating licence of a class affected by the specification, the Commission shall give the licensee notice of the proposed specification, and

(c) on the making of the specification an existing licence shall by virtue of this paragraph be subject to the condition specified.

(5) If the Commission thinks it necessary by reason of urgency to make a specification without giving the notice required by subsection (4)(a)—

(a) the Commission shall give as much notice as it thinks possible in the circumstances to the persons mentioned in that provision,

(b) subsection (4)(b) shall have effect after the time when notice is given under paragraph (a) above, and

(6) Subsection (4)(c), in its application to the amendment or revocation of a condition (by virtue of subsection (1)), shall be treated as—

(a) making existing licences subject to the condition as amended, or

(b) relieving existing licences from the condition revoked.

Individual condition imposed by Commission

77

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

Condition imposed by Secretary of State

78

(1) The Secretary of State may by regulations provide for a specified condition to be attached to operating licences falling within a specified description.

(2) Transitional provision of regulations under this section (made by virtue of section 355(1)(c)) may, in particular, apply a condition (with or without modification) to licences issued before the regulations are made (or come into force).

Scope of powers to attach conditions

79

(1) Without prejudice to the generality of the powers conferred by sections 75, 77 and 78, a condition attached under any of those sections may, in particular, do any of the things specified in this section.

(2) A condition may have the effect of restricting the activities that may be carried on in reliance on the licence by reference to—

(a) the nature of the activities,

(b) the circumstances in which they are carried on, or

(3) A condition may make provision wholly or partly by reference to—

(a) the nature of the licensed activities;

(b) the circumstances in which the licensed activities are carried on;

(c) the nature or circumstances of the licensee or of another person involved or likely to be involved in the conduct of the licensed activities.

(4) In regulating the licensed activities a condition may make provision about—

(a) the facilities that may or must be provided in connection with the licensed activities;

(b) the manner in which facilities are provided;

(d) the financial resources available for particular purposes to the person providing facilities;

(e) any other matter.

(5) A condition may relate to the financial circumstances of the licensee or of another person involved or likely to be involved in the conduct of the licensed activities; in particular, a condition may make provision about the maintenance of reserves in respect of potential liabilities.

(6) A condition of a remote operating licence may restrict the methods of communication that may be used in the course of the licensed activities.

(7) A condition may make provision about how facilities for gambling are advertised or described.

(8) A condition may make provision about the provision of assistance to persons who are or may be affected by problems related to gambling.

(9) A condition may make provision about—

(a) establishing the identity of users of facilities;

(b) recording the identity of users of facilities;

Requirement for personal licence

80

(1) The Commission shall use its powers under sections 75 and 77 to ensure that in respect of each operating licence at least one person—

(a) occupies a specified management office in or in respect of the licensee or in connection with the licensed activities, and

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