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

(a) he shall give a new notice, incorporating the modification, in accordance with section 219, and

(b) the objection shall be treated as withdrawn (but without prejudice to the right of any person other than the objector to give a notice of objection in relation to the new notice).

(4) The following provisions of section 219 shall not apply to a temporary use notice given under subsection (3)(a) above—

(a) subsection (2), and

(b) subsection (3)(b).

Counter-notice

224

(1) This section applies where—

(a) a person has given a temporary use notice to a licensing authority in accordance with section 219,

(b) a notice of objection has been given in accordance with section 221, and

(i) has taken place in accordance with section 222(2), or

(ii) has been dispensed with in accordance with section 222(3).

(2) If the licensing authority think that the temporary use notice should not have effect or should have effect only with modification, the authority may give a counter-notice under this subsection to the person who gave the temporary use notice.

(3) A counter-notice may provide for the temporary use notice—

(a) not to have effect;

(b) to have effect only in respect of a specified activity;

(c) to have effect only in respect of activity carried on during a specified period of time or at specified times of day;

(d) to have effect subject to compliance with a specified condition;

and provision made under this subsection shall have effect.

(4) A counter-notice must—

(a) be in the prescribed form,

(b) contain the prescribed information, and

(5) A counter-notice must state the licensing authority's reasons for giving it.

(6) Where a licensing authority give a counter-notice they shall as soon as is reasonably practicable give a copy to any person who was entitled to receive a copy of the temporary use notice.

(7) Section 153(1) shall apply to the exercise of a licensing authority's functions under this section as it applies to the exercise of a licensing authority's functions under Part 8.

(8) In this section “prescribed” means prescribed by regulations made by the Secretary of State.

Dismissal of objection

225

(1) This section applies where—

(a) a person has given a temporary use notice to a licensing authority in accordance with section 219,

(b) a notice of objection has been given in accordance with section 221, and

(2) The licensing authority shall as soon as is reasonably practicable give notice of their determination to—

(a) the person who gave the temporary use notice, and

(b) each person who received a copy of the temporary use notice in accordance with section 219.

Appeal

226

(1) This section applies where a licensing authority—

(a) give a counter-notice under section 224, or

(b) give a notice under section 225.

(2) Any of the following may appeal—

(a) the person who gave the temporary use notice, and

(b) a person who was entitled to receive a copy of the temporary use notice under section 219.

(3) An appeal under this section must be instituted—

(a) in the magistrates' court for a local justice area in which the premises to which the temporary use notice relates are wholly or partly situated,

(b) by notice of appeal given to the designated officer, and

(c) within the period of 14 days beginning with the day on which the appellant receives notice of the action against which the appeal is brought.

(4) A person who was entitled to receive a copy of the temporary use notice under section 219 must determine whether to appeal, and institute any appeal, as soon as is reasonably practicable.

(5) Where an appeal is brought against the giving of a notice under section 225 the person who gave the temporary use notice shall be a respondent in addition to the licensing authority.

(6) On an appeal under this section the magistrates' court may—

(a) dismiss the appeal;

(b) direct the licensing authority to take action of a specified kind;

(d) make an order about costs.

(7) Subsection (2) applies to a decision of a licensing authority following remittal under subsection (6)(c) above.

(8) A party to an appeal under this section may bring a further appeal to the High Court on a point of law.

(9) In relation to premises in Scotland—

(a) subsection (3)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,

(b) subsection (3)(b) shall not have effect,

(d) the reference in subsection (6) to costs shall have effect as a reference to expenses, and

(e) the reference in subsection (8) to the High Court shall have effect as a reference to the Court of Session.

Endorsement of notice

227

(1) This section applies where a temporary use notice has been given to a licensing authority under section 219.

(2) If no notice of objection is pending in relation to the temporary use notice when the 14 day period specified in section 221(4) expires, the licensing authority shall—

(a) endorse the copy submitted under section 219(3)(a) in such manner as may be prescribed by the Secretary of State by regulations, and

(b) return the endorsed copy, as soon as is reasonably practicable, to the person giving the notice.

(3) If a notice of objection is pending in relation to a temporary use notice when the 14 day period specified in section 221(4) expires, then as soon as is reasonably practicable after the completion of proceedings on the temporary use notice the licensing authority shall, unless they give a counter-notice under section 224(3)(a)—

(a) endorse the copy submitted under section 219(3)(a) in such manner as may be prescribed by the Secretary of State by regulations, and

(b) return the endorsed copy, as soon as is reasonably practicable, to the person giving the temporary use notice.

(4) For the purposes of this section a notice of objection is pending if it has been given in accordance with section 221 and—

(a) it has not been withdrawn, and

(b) it is not treated as withdrawn in accordance with section 223(3)(b).

(5) For the purposes of this section proceedings on a temporary use notice are completed—

(a) if any notice of objection given in relation to the temporary use notice has been withdrawn, or

(b) if the licensing authority has given a counter-notice under section 224 or a notice under section 225.

(6) A licensing authority shall make arrangements whereby if an endorsed copy of a temporary use notice is lost, stolen or damaged the person who gave the notice can obtain a new endorsed copy; and—

(a) the arrangements may include the charging of such fee as the Secretary of State may prescribe by regulations, and

(b) section 212 shall have effect in relation to fees under paragraph (a) above as it has effect in relation to fees under Part 8.

Consideration by licensing authority: timing

228

(1) Where a licensing authority are given a temporary use notice in accordance with section 219 the authority shall complete proceedings on the notice before the end of the period of six weeks beginning with the date on which they receive the notice.

(2) In subsection (1) the reference to proceedings on a temporary use notice is a reference to—

(a) considering whether to give a notice of objection under section 221,

(b) holding a hearing in relation to any notice of objection given under section 221 (whether or not by the licensing authority) or agreeing to dispense with a hearing in accordance with section 222(3), and

Miscellaneous

Availability of notice

229

(1) A person who gives a temporary use notice in respect of premises shall—

(a) arrange for a copy of the notice to be displayed prominently on the premises at any time when an activity is being carried on in reliance on the notice, and

(b) arrange for the notice endorsed by the licensing authority in accordance with section 227 to be produced on request to—

(i) a constable,

(ii) an officer of customs and excise,

(iii) an enforcement officer, or

(iv) an authorised local authority officer.

(2) A person commits an offence if he fails without reasonable excuse to comply with subsection (1).

(3) A person guilty of an offence under subsection (2) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Withdrawal of notice

230

If a person who gives a temporary use notice to a licensing authority in accordance with section 219 notifies the licensing authority that the notice is withdrawn—

(a) the notice shall have no effect (or, if it has started to have effect, shall cease to have effect), and

(b) no further proceedings shall take place in respect of the notice (except in respect of a matter arising during or in relation to a time at which the notice had effect).

Vehicles and vessels

231

(1) A temporary use notice—

(a) may not be given in respect of a vehicle (or part of a vehicle),

(b) may be given in respect of all or part of a passenger vessel,

(c) may be given in respect of all or part of a vessel (within the meaning of section 353(1)) situated at a fixed place in or on water, and

(d) may not be given in respect of all or part of a vessel to which neither of paragraphs (b) and (c) applies.

(2) In relation to a vessel, a reference in this Part to a place in which premises are wholly or partly situated shall be construed—

(a) in the case of a vessel (within the meaning of section 353(1)) situated at a fixed place in or on water, as a reference to that place,

(b) in the case of a vessel which is permanently moored at a place, as a reference to that place,

(c) in the case of a vessel which is habitually moored at one place more frequently or for longer periods than at any other place, as a reference to that place, and

(d) in any other case, as a reference to any place at which a vessel is moored or is likely to be moored, or to the place in the United Kingdom nearest to any place at which a vessel is or is likely to be, while activities are carried on in the vessel in reliance on a temporary use notice.

(3) In relation to a vessel, the following are responsible authorities for the purposes of this Part (in addition to the persons listed in section 157)—

(a) a navigation authority, within the meaning of section 221(1) of the Water Resources Act 1991 (c. 57), which has functions in relation to any place at which a vessel is moored or is likely to be moored, or to the place in the United Kingdom nearest to any place at which a vessel is or is likely to be, while activities are carried on in the vessel in reliance on a temporary use notice,

(b) the Environment Agency,

(c) the British Waterways Board, if the place where the vessel is moored or is likely to be moored, or the place in the United Kingdom nearest to the place at which the vessel is or is likely to be, while activities are carried on in the vessel in reliance on a temporary use notice is in Scotland,

(ca) Canal & River Trust, if the place where the vessel is moored or is likely to be moored, or the place in the United Kingdom nearest to the place at which the vessel is or is likely to be, while activities are carried on in the vessel in reliance on a temporary use notice is in England or Wales, and

(d) the Secretary of State.

Delegation of licensing authority functions: England and Wales

232

(1) The functions under this Part of a licensing authority in England and Wales are by virtue of this subsection delegated to the licensing committee of the authority established under section 6 of the Licensing Act 2003 (c. 17).

(2) The following provisions of the Licensing Act 2003 shall apply in relation to a function delegated to a licensing committee under this section as they apply in relation to a function delegated under that Act—

(a) section 7(9) (referral back to licensing authority), and

(b) section 10 (sub-delegation).

(3) In the application of section 10(4) of that Act (matters not to be delegated to officer) by virtue of subsection (2) above, for the list of functions there shall be substituted a reference to any function under section 224 of this Act.

(4) The provisions of section 9 of that Act and regulations under it apply to proceedings of licensing committees and their sub-committees in relation to the exercise of functions under this Part; and for that purpose regulations may, in particular, make provision which applies—

(a) only in relation to functions under that Act,

(b) only in relation to functions under this Part, or

Delegation of functions under Part 9: Scotland

233

(1) Subject to subsection (2), a licensing authority in Scotland may arrange for the discharge of any of its functions under this Part by–

(a) any member of the authority,

(b) any committee established by the authority,

(d) any member of staff provided under paragraph 8(1)(b) of schedule 1 to the Licensing (Scotland) Act 2005 (asp 16).

(2) A licensing authority are not to make any arrangements under subsection (1) for the discharge by the clerk of the authority or any member of staff provided under paragraph 8(1)(b) of schedule 1 to the Licensing (Scotland) Act 2005 of any of the authority's functions under section 224.

(3) The procedures applicable to the proceedings of licensing boards in the exercise of their functions under the Licensing (Scotland) Act 2005 apply to the proceedings of those boards in the exercise of their functions under this Part; and for that purpose regulations made by the Scottish Ministers may, in particular, make provision which applies—

(a) only in relation to functions under that Act,

(b) only in relation to functions under this Part,

Register

234

(1) A licensing authority shall—

(a) maintain a register of temporary use notices given to them together with such other information as may be prescribed,

(b) make the register and information available for inspection by members of the public at all reasonable times, and

(c) make arrangements for the provision of a copy of an entry in the register, or of information, to a member of the public on request.

(2) A licensing authority may refuse to provide a copy of an entry or of information unless the person seeking it pays a reasonable fee specified by the authority.

(3) The Secretary of State may make regulations about—

(a) the form of the register;

(b) the manner in which it is maintained.

(4) The Secretary of State may make regulations—

(a) requiring licensing authorities to give to the Commission specified information about temporary use notices given to them,

(b) requiring the Commission to maintain a register of the information provided to it under paragraph (a),

(d) requiring the Commission to make copies of entries available on request, and on payment of a reasonable fee, to members of the public, and

(e) excusing licensing authorities, wholly or partly, from compliance with subsection (1).

Part 10 — Gaming Machines

Definitions

Gaming machine

235

(1) In this Act “gaming machine” means a machine which is designed or adapted for use by individuals to gamble (whether or not it can also be used for other purposes).

(2) But—

(a) a domestic or dual-use computer is not a gaming machine by reason only of the fact that it can be used to participate in remote gambling,

(b) a telephone or other machine for facilitating communication (other than a computer) is not a gaming machine by reason only of the fact that it can be used to participate in remote gambling,

(c) a machine is not a gaming machine by reason only of the fact that it is designed or adapted for use to bet on future real events,

(d) a machine is not a gaming machine by reason only of the fact that it dispenses lottery tickets or otherwise enables a person to enter a lottery provided that the results of the lottery—

(i) are not determined by the machine, and

(ii) are not announced by being displayed or communicated by the machine without there being an interval, between each entry to the lottery and the announcement, of at least such duration as the Secretary of State shall prescribe by order,

(e) a machine is not a gaming machine if—

(i) it is designed or adapted for the playing of bingo, and

(ii) it is used in accordance with a condition attached to a bingo operating licence under section 75 or 77 by virtue of section 85(2)(b),

(f) a machine is not a gaming machine if—

(i) it is designed or adapted for the playing of bingo by way of prize gaming, and

(ii) it is used in accordance with a condition attached to a gaming machine general operating licence under section 75 or 77 by virtue of section 85(2)(b),

(g) a machine is not a gaming machine if—

(i) it is designed or adapted for the playing of bingo by way of prize gaming,

(ii) it is made available for use in reliance on a family entertainment centre gaming machine permit or a prize gaming permit, and

(iii) any requirements prescribed for the purposes of this paragraph in a code of practice under section 24, as to the specification of the machine or the circumstances in which it is made available for use, are complied with,

(h) a machine is not a gaming machine by reason only of the fact that it is designed or adapted to be—

(i) controlled or operated by an individual employed or concerned in arranging for others to play a real game of chance, or

(ii) used in connection with a real game of chance the arrangements for which are controlled or operated by an individual, and

(i) a machine is not a gaming machine by reason only of the fact that it is designed or adapted to enable individuals to play a real game of chance, if—

(i) its design or adaptation is such that it does not require to be controlled or operated by a person employed or concerned in arranging for others to play the game,

(ii) it is not designed or adapted for use in connection with a game the arrangements for which are controlled or operated by an individual, and

(iii) it is used in accordance with a condition attached to a casino operating licence under section 75 or 77 by virtue of section 85(2)(b).

(3) In this Act—

(a) a reference to a machine is a reference to any apparatus which uses or applies mechanical power, electrical power or both,

(b) a reference to a machine being designed or adapted for a purpose includes—

(i) a reference to a computer being able to be used for that purpose (subject to subsection (2)), and

(ii) a reference to any other machine to which anything has been done as a result of which it can reasonably be expected to be used for that purpose (subject to subsection (2)),

(i) includes a reference to any computer software designed or adapted for use in a gaming machine, but

(ii) does not include a reference to a component of a gaming machine which does not influence the outcome of a game,

(d) a reference to installing a part of a gaming machine includes a reference to installing computer software for the purpose of altering the operation of a gaming machine,

(e) a reference to adapting a gaming machine includes a reference to adapting a machine so that it becomes a gaming machine, and

(f) “domestic computer” and “dual-use computer” shall have the meanings assigned by the Secretary of State by regulations.

(4) Regulations under subsection (3)(f) may, in particular, make provision by reference to—

(a) the location of a computer,

(b) the purposes for which a computer is used,

(d) the software installed on a computer, or

(e) any other matter.

(5) The Secretary of State may make regulations providing for circumstances in which a single piece of apparatus is to be treated as more than one gaming machine for the purpose of provision made by or by virtue of this Act; and the regulations may, in particular, make provision by reference to the number of persons able to operate the apparatus at the same time.

Gaming machines: Categories A to D

236

(1) The Secretary of State shall make regulations defining four classes of gaming machine for the purposes of this Act (to be known as Categories A, B, C, and D).

(2) Regulations under subsection (1) shall—

(a) divide Category B into sub-categories, and

(b) make provision for determining to which sub-category (or sub-categories) of Category B a reference in this Act to Category B shall be treated as referring.

(3) Regulations under subsection (1) shall operate by reference to the nature of the facilities for gambling provided by the machine.

(4) Regulations under subsection (1) may, in particular, make provision by reference to—

(a) amounts paid in respect of the use of a machine;

(b) the value of prizes;

(d) the nature of the gambling for which the machine can be used;

(e) the premises where a machine is used.

(5) Regulations under subsection (1) may identify matters (whether or not addressed by other provisions of the regulations) as to which a condition may not be attached to an operating licence or to a premises licence.

(6) In accordance with regulations under subsection (1) a machine may change category as a result of a change of the mechanism, or the loading or removal of software, which alters the nature of the facilities for gambling provided by the machine.

Adult gaming centre

237

In this Act “adult gaming centre” means premises in respect of which an adult gaming centre premises licence has effect.

Family entertainment centre

238

In this Act—

“family entertainment centre” means premises (other than an adult gaming centre) wholly or mainly used for making gaming machines available for use, and

“licensed family entertainment centre” means premises in respect of which a family entertainment centre premises licence has effect.

Prize

239

In this Act “prize” in relation to a gaming machine—

(a) includes any money, article, right or service won, whether or not described as a prize, but

(b) does not include an opportunity to play the machine again.

Regulations

Use of machine

240

(1) The Secretary of State may make regulations controlling the circumstances in which a gaming machine is made available for use.

(2) Regulations under subsection (1) may, in particular, make provision by reference to—

(a) the method by which stakes may be deposited or payments made for the use of a machine;

(b) the nature of, or arrangements in respect of receiving or claiming, prizes;

(d) the proportion of amounts staked or paid that is returned by way of prizes;

(e) the display of information;

(f) any other matter relating to the manner in which a machine operates.

(3) Regulations under subsection (1) may identify matters (whether or not addressed by other provisions of the regulations) as to which a condition may not be attached to an operating licence or to a premises licence.

Supply, &c.

241

(1) The Secretary of State may make regulations about the supply, installation, adaptation, maintenance or repair of a gaming machine or part of a gaming machine.

(2) Regulations under subsection (1) may identify matters (whether or not addressed by other provisions of the regulations) as to which a condition may not be attached to an operating licence or to a premises licence.

Offences

Making machine available for use

242

(1) A person commits an offence if he makes a gaming machine available for use by another unless—

(a) he makes the machine available for use in accordance with an operating licence, or

(b) an exception in section 247, 248, 249, 271, 273, 282, 283 or 287 applies.

(2) A person commits an offence if he makes a gaming machine available for use in contravention of regulations under section 240.

Manufacture, supply, &c.

243

(1) A person commits an offence if he manufactures, supplies, installs, adapts, maintains or repairs a gaming machine or part of a gaming machine unless—

(a) he acts in accordance with an operating licence, or

(b) an exception in or under section 248 or 250 applies.

(2) A person commits an offence if he—

(a) supplies, installs, adapts, maintains or repairs a gaming machine or part of a gaming machine, and

(b) fails to comply with a provision of regulations under section 241.

(3) Subsections (1) and (2) do not apply to the supply of a gaming machine, or part of a gaming machine—

(a) as scrap (without any element of salvage), or

(b) incidental to the sale or letting of property on which the machine has previously been used in reliance on a provision of this Act.

Linked machines

244

(1) A person commits an offence if—

(a) he makes a gaming machine (“the first gaming machine”) available for use by another, and

(b) the amount or value of a prize available through use of the first gaming machine is or may be wholly or partly determined by reference to use made of another gaming machine (“the linked gaming machine”).

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

(a) the person who makes the first gaming machine available for use is the holder of a casino premises licence, and

(b) the first gaming machine and the linked gaming machine are situated on the same premises.

(3) The Secretary of State may by order amend, or modify the effect of, subsection (2) so that subsection (1) is disapplied to the linking of machines in casinos whether or not the machines are situated on the same premises—

(a) to such extent as the order may specify,

(b) in such circumstances as the order may specify, and

Credit

245

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

Penalty

246

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

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

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

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

Exceptions

Family entertainment centre gaming machine permit

247

(1) A person does not commit an offence under section 37 or 242 if he makes a Category D gaming machine available for use in accordance with a family entertainment centre gaming machine permit.

(2) A family entertainment centre gaming machine permit is a permit issued by a licensing authority authorising a person to make Category D gaming machines available for use in a specified family entertainment centre.

(3) Schedule 10 makes further provision about family entertainment centre gaming machine permits.

No prize

248

(1) A person does not commit an offence under section 37 or 242 if—

(a) he makes a gaming machine available for use by an individual, and

(b) the individual does not, by using the machine, acquire an opportunity to win a prize.

(2) The Secretary of State may make regulations creating exceptions from the offence under section 243 in connection with machines which, by virtue of their nature or any other specified matter, are not designed or expected to be used to provide an opportunity to win a prize.

Limited prize

249

(1) A person does not commit an offence under section 37 or 242 if—

(a) he makes a gaming machine available for use by an individual, and

(b) the individual does not, by using the machine, acquire an opportunity to win a prize of a value in excess of the amount that he pays for or in connection with his use of the machine.

(2) For the purpose of subsection (1)(b)—

(a) the reference to paying includes a reference to—

(i) paying money by way of an entrance charge,

(ii) using a coin to activate a gaming machine where the coin will not or may not be returned,

(iii) transferring money's worth, and

(iv) paying for goods or services at a price or rate which reflects the opportunity to use a gaming machine, and

(b) it is immaterial—

(i) to whom payment is made, and

(ii) who receives benefit from the payment.

Single-machine supply and maintenance permits

250

(1) A person does not commit an offence under section 33 or 243(1) by reason only of the fact that he supplies, repairs, installs or maintains a gaming machine or part of a gaming machine in accordance with a permit under this section.

(2) A person may apply to the Commission for a permit authorising him to supply, repair, install or maintain a gaming machine or part of a gaming machine.

(3) An application under this section must—

(a) be made in writing,

(b) specify the gaming machine or part in relation to which the permit is sought,

(d) be in such form, and contain such other information, as the Commission may direct, and

(e) be accompanied by the prescribed fee.

(4) On consideration of an application under this section the Commission may—

(a) grant the application and issue a permit to the applicant, or

(b) refuse the application.

(5) The Commission may grant an application under this section only if satisfied that the licensing objectives are irrelevant to the activity for which the permit is sought.

(6) A permit under this section must specify—

(a) a period, not exceeding one year, during which it has effect,

(b) the machine or part to which it relates, and

(7) A permit under this section may be subject to a condition attached by the Commission.

(8) In subsection (3)(e) “prescribed” means prescribed by regulations made by the Secretary of State.

General

Territorial application

251

This Part applies—

(a) to anything done in relation to a gaming machine which (or any part of which) is situated in Great Britain, and

(b) to anything done in Great Britain in relation to a gaming machine (irrespective of where it is situated).

Part 11 — Lotteries

Interpretation

Promoting a lottery

252

(1) For the purposes of this Act a person promotes a lottery if he makes or participates in making the arrangements for a lottery.

(2) In particular, a person promotes a lottery if he—

(a) makes arrangements for the printing of lottery tickets,

(b) makes arrangements for the printing of promotional material,

(d) possesses promotional material with a view to its distribution or publication,

(e) makes other arrangements to advertise a lottery,

(f) invites a person to participate in a lottery,

(g) sells or supplies a lottery ticket,

(h) offers to sell or supply a lottery ticket,

(i) possesses a lottery ticket with a view to its sale or supply,

(j) does or offers to do anything by virtue of which a person becomes a member of a class among whom prizes in a lottery are to be allocated, or

(k) uses premises for the purpose of allocating prizes or for any other purpose connected with the administration of a lottery.

(3) In subsection (2) “promotional material” means a document which—

(a) advertises a specified lottery,

(b) invites participation in a specified lottery,

(d) lists winners in a specified lottery.

(4) Where arrangements for a lottery are made by an external lottery manager on behalf of a society or authority, for the purposes of this Act both the external lottery manager and the society or authority promote the lottery.

Lottery ticket

253

(1) For the purposes of this Act a document or article is a lottery ticket if it confers, or can be used to prove, membership of a class for the purpose of the allocation of prizes in a lottery.

(2) A reference in this Act to the sale or supply of a lottery ticket by a person includes a reference to a person doing anything as a result of which another person becomes a member of the class among whom prizes in a lottery are to be allocated.

(3) A reference in this Act to purchase of a lottery ticket includes a reference to any action by a person as a result of which he becomes a member of the class among whom prizes in a lottery are to be allocated.

Proceeds and profits

254

(1) In this Act a reference to the proceeds of a lottery is a reference to the aggregate of amounts paid in respect of the purchase of lottery tickets.

(2) In this Act a reference to the profits of a lottery is a reference to—

(a) the proceeds of the lottery, minus

(b) amounts deducted by the promoters of the lottery in respect of—

(i) the provision of prizes,

(ii) sums to be made available for allocation in another lottery in accordance with a rollover, or

(iii) other costs reasonably incurred in organising the lottery.

Draw

255

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

Rollover

256

(1) In this Act “rollover” in relation to a lottery means an arrangement whereby the fact that a prize is not allocated or claimed in one lottery increases the value of the prizes available for allocation in another lottery.

(2) For the purposes of this Act where prizes are allocated by means of more than one draw—

(a) the draws together constitute a single lottery if the class of persons among whom prizes are allocated is (and, by virtue of arrangements for the sale or supply of tickets, must be) the same in the case of each draw, and

(b) otherwise, the arrangements for each draw constitute a separate lottery.

External lottery manager

257

A person acts as an external lottery manager for the purposes of this Act if he makes arrangements for a lottery on behalf of a society or authority of which he is not—

(a) a member,

(b) an officer, or

Offences

Promotion of lottery

258

(1) A person commits an offence if he promotes a lottery unless—

(a) the exception in subsection (2) or (3) applies, or

(b) the lottery is an exempt lottery.

(2) This section does not apply to activity by a person if—

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

(b) he acts in accordance with the terms and conditions of the licence.

(3) This section does not apply to activity by a person if—

(a) he acts, otherwise than as an external lottery manager, on behalf of a person who holds an operating licence authorising the activity, and

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

(4) It is a defence for a person charged with an offence under this section to show that he reasonably believed that—

(a) he was not committing the offence by reason of subsection (1)(b), (2) or (3),

(b) that the arrangement to which the charge relates was not a lottery, or

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

Facilitating a lottery

259

(1) A person commits an offence if he facilitates a lottery unless—

(a) the exception in subsection (3) applies, or

(b) the lottery is an exempt lottery.

(2) For the purposes of this section a person facilitates a lottery if (and only if) he—

(a) prints lottery tickets for a specified lottery,

(b) prints promotional material for a specified lottery, or

(3) This section does not apply to activity by a person if he acts in accordance with the terms and conditions of an operating licence.

(4) It is a defence for a person charged with an offence under this section to show that he reasonably believed—

(a) that he was not committing the offence by reason of subsection (1)(b) or (3), or

(b) that the arrangement to which the charge relates was not a lottery, or

(5) In subsection (2)(b) “promotional material” means a document which—

(a) advertises a specified lottery,

(b) invites participation in a specified lottery,

(d) lists winners in a specified lottery.

Misusing profits of lottery

260

(1) This section applies to a lottery in respect of which the promoter has stated (in whatever terms) a fund-raising purpose for the promotion of the lottery.

(2) A person commits an offence if he uses any part of the profits of a lottery to which this section applies for a purpose other than that stated.

(3) The reference in subsection (2) to using profits includes a reference to permitting profits to be used.

(4) In subsection (1) the reference to a statement of a purpose for the promotion of a lottery is a reference to a statement appearing—

(a) on lottery tickets, or

(b) in an advertisement for the lottery.

(5) In subsection (4)(b) “advertisement” in relation to a lottery includes any written notice announcing that a lottery will take place or inviting people to participate in a lottery (in either case whether or not it also gives other information).

Misusing profits of exempt lottery

261

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

(a) an incidental ... lottery (within the meaning of Part 1 of Schedule 11),

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

(ba) a work lottery and a residents’ lottery (within the meaning of Part 2 of that Schedule) except where the lottery has been organised in such a way as to ensure that no profits are made, and

(2) A person commits an offence if he uses any part of the profits of a lottery to which this section applies for a purpose other than one for which the lottery is permitted to be promoted in accordance with Schedule 11.

(3) Subsection (3) of section 260 shall have effect for the purpose of this section as it has effect for the purpose of that section.

Small society lottery: breach of condition

262

A non-commercial society commits an offence if—

(a) a lottery, purporting to be an exempt lottery under Part 4 of Schedule 11, is promoted on the society's behalf wholly or partly at a time when the society is not registered with a local authority in accordance with Part 5 of that Schedule,

(b) the society fails to comply with the requirements of paragraph 39 of that Schedule, or

Penalty

263

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

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

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

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

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

Miscellaneous

Exclusion of the National Lottery

264

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

General

Territorial application

265

(1) This Part applies to anything done in relation to a lottery—

(a) in Great Britain, or

(b) by the provision of, or by means of, remote gambling equipment situated in Great Britain.

(2) But this Part does not apply in relation to a lottery if—

(a) no person in Great Britain does anything by virtue of which he becomes a participant in the lottery, and

(b) no person in Great Britain possesses tickets for the lottery with a view to selling or supplying them to a person in Great Britain who thereby becomes a participant in the lottery.

(3) It is a defence for a person charged with an offence under section 258 or 259 to show that he reasonably believed that this Part did not and would not apply to the lottery, by reason of subsection (2) above.

Part 12 — Clubs, pubs, fairs, &c.

Clubs

Members' club

266

(1) In this Act members' club means a club—

(a) which is established and conducted wholly or mainly for purposes other than the provision of facilities for gaming (subject to subsection (2)),

(b) which is established and conducted for the benefit of its members (and which is not otherwise established or conducted as a commercial enterprise),

(d) which has at least 25 individual members.

(2) A club is a members' club for the purposes of this Act despite subsection (1)(a) if—

(a) it is established or conducted wholly or mainly for the purpose of the provision of facilities for gaming of a prescribed kind, and

(b) facilities are not provided for any other kind of gaming in the course of the club's activities.

Commercial club

267

(1) In this Act commercial club means a club—

(a) which is established and conducted wholly or mainly for purposes other than the provision of facilities for gaming (subject to subsection (2)),

(b) which is not established with the purpose of functioning only for a limited period of time, and

(2) A club is a commercial club for the purposes of this Act despite subsection (1)(a) if—

(a) it is established or conducted wholly or mainly for the purpose of the provision of facilities for gaming of a prescribed kind, and

(b) facilities are not provided for any other kind of gaming in the course of the club's activities.

Miners' welfare institute

268

(1) In this Act miners' welfare institute means an association—

(a) which is established and conducted for social and recreational purposes, and

(b) which satisfies subsection (2) or (4).

(2) An association satisfies this subsection if its affairs are managed by a group of individuals of whom at least two thirds are miners' representatives.

(3) In subsection (2) “miners' representative” means a person who—

(a) is nominated or appointed by a person who employs or has employed individuals in the course of a coal mining business,

(b) is nominated or appointed by the charitable trust known as the Coal Industry Social Welfare Organisation,

(c) is nominated or appointed by an organisation representing persons who are or were employed in connection with coal mining, or

(d) is or was employed in connection with coal mining;

and the group mentioned in subsection (2) must contain both one or more persons of a kind specified in paragraph (a) or (b) and one or more persons of a kind specified in paragraph (c) or (d).

(4) An association satisfies this subsection if—

(a) it operates on premises the use of which is regulated in accordance with a charitable trust, and

(b) the trust has received money from—

(i) the Miners' Welfare Fund established by section 20 of the Mining Industry Act 1920 (c. 50),

(ii) the former body corporate which was known as the Coal Industry Social Welfare Organisation and incorporated under the Companies Act 1948 (c. 38), or

(iii) the charitable trust known as the Coal Industry Social Welfare Organisation.

Exempt gaming

269

(1) Sections 33 and 37 shall not apply to the provision of facilities for equal chance gaming which satisfies the conditions of this section by—

(a) a members' club,

(b) a commercial club,

(d) a club that would be a commercial club but for section 267(1)(a), or

(e) a miners' welfare institute.

(2) The first condition of gaming for the purposes of subsection (1) is that the arrangements for the gaming satisfy the prescribed requirements (if any) in relation to—

(a) amounts that may be staked, or

(b) the amount or value of a prize.

(3) The second condition of gaming for the purposes of subsection (1) is that no amount is deducted or levied from sums staked or won.

(4) The third condition of gaming for the purposes of subsection (1) is that any participation fee does not exceed such maximum as may be prescribed.

(5) The fourth condition of gaming for the purposes of subsection (1) is that a game played on one set of premises is not linked with a game played on another set of premises.

(6) The fifth condition of gaming for the purposes of subsection (1), which does not apply to a club of a kind mentioned in subsection (1)(b) or (d), is that each person who participates—

(a) is a member of the club or institute who applied for membership, was nominated for membership or became a member, at least 48 hours before he participates, or

(b) is a guest of a member of the club or institute who would be entitled to participate by virtue of paragraph (a).

Section 269: supplementary

270

(1) In section 269(1) a reference to the provision of facilities by a club or institute includes a reference to any provision of facilities made—

(a) on behalf of or by arrangement with the club or institute, and

(b) in the course of its activities.

(2) Regulations prescribing requirements in relation to stakes or prizes for the purposes of section 269(2) may, in particular—

(a) make different provision for different classes of club or institute;

(b) make different provision for different classes or descriptions of game.

(3) In section 269(3) the reference to a deduction or levy in respect of gaming provided by, on behalf of or by arrangement with a club or institute is to a deduction or levy made by or on behalf of—

(a) the club or institute, or

(b) a person providing facilities for gaming on behalf of, or by arrangement with, the club or institute.

(4) Regulations prescribing a maximum charge for the purposes of section 269(4) may, in particular—

(a) make different provision for different classes of club or institute;

(b) make provision depending on whether a club or institute holds a club gaming permit;

(d) make different provision for different classes or descriptions of fee.

(5) For the purposes of section 269(5) two games are linked if—

(a) the result of one game is or may be wholly or partly determined by reference to the result of the other game, or

(b) the amount of winnings available in one game is or may be wholly or partly determined by reference to the amount of participation in the other game;

and if a single game is played partly on one set of premises and partly on another it shall be treated as two linked games.

(6) For the purposes of section 269(6) a person shall not be treated as the guest of a member if the member extends an invitation—

(a) having had no previous acquaintance with the person, and

(b) for the purpose only of enabling the person to take advantage of facilities for gaming provided by or for the club or institute.

Club gaming permit

271

(1) Sections 33, 37 and 242 shall not apply to the provision of facilities for gaming in accordance with a club gaming permit.

(2) A club gaming permit is a permit issued by a licensing authority authorising the provision of facilities for gaming—

(a) on premises on which a members' club or a miners' welfare institute operates, and

(b) in the course of the activities of the club or institute.

(3) A club gaming permit shall, by virtue of this section, authorise—

(a) making up to three gaming machines available for use, each of which must be of Category B, C or D,

(b) the provision of facilities for gaming which satisfies the conditions in section 269 except for the first condition, and

(c) the provision of facilities for games of chance, of such class or description as may be prescribed, in accordance with the conditions specified in subsection (4).

(4) Those conditions are—

(a) that no participation fee is charged otherwise than in accordance with regulations (which may make provision about the circumstances in which a fee may be charged and about the amount of a fee),

(b) that no amount is deducted or levied from sums staked or won otherwise than in accordance with regulations (which may make provision about the circumstances in which an amount may be deducted or levied, about the amount of the deduction or levy and about the method by which the amount is determined),

(d) that children and young persons are excluded from any area of the club's or institute's premises where gaming is taking place.

(5) Regulations under subsection (4)(a) or (b) may—

(a) make different provision for different classes of club or institute;

(b) make different provision for different classes or descriptions of game;

(6) A club gaming permit shall, by virtue of this subsection, be subject to the condition that each person who participates in gaming in reliance on the permit—

(a) is a member of the club or institute who applied for membership, was nominated for membership or became a member, at least 48 hours before he participates, or

(b) is a guest of a member of the club or institute who would be entitled to participate by virtue of paragraph (a).

(7) A club gaming permit shall, by virtue of this subsection, be subject to the conditions—

(a) that no child or young person use a Category B or C gaming machine on the club's or institute's premises, and

(b) that the holder comply with any relevant provision of a code of practice under section 24 about the location and operation of a gaming machine.

Section 271: supplementary

272

(1) For the purposes of section 271(4)(b) the reference to a deduction or levy in respect of gaming provided by, on behalf of or by arrangement with a club or institute is to a deduction or levy made by or on behalf of—

(a) the club or institute, or

(b) a person providing facilities for gaming on behalf of, or by arrangement with, the club or institute.

(2) In section 271(4)(c) “the public” means persons other than—

(a) members of the club or institute,

(b) guests of members of the club or institute,

(d) persons providing services to or for the club or institute.

(3) For the purposes of section 271(4)(c) and (d) a reference to an area where gaming is taking place is a reference to any place in which it is possible to participate in the gaming.

(4) For the purposes of section 271(6) and subsection (2) above a person shall not be treated as the guest of a member if the member extends an invitation—

(a) having had no previous acquaintance with the person, and

(b) for the purpose only of enabling the person to take advantage of facilities for gaming.

Club machine permit

273

(1) Sections 37 and 242 shall not apply to making a gaming machine available for use in accordance with a club machine permit.

(2) A club machine permit is a permit issued by a licensing authority authorising up to three gaming machines, each of which must be of Category B, C or D, to be made available for use—

(a) on premises on which a members' club, a commercial club or a miners' welfare institute operates, and

(b) in the course of the activities of the club or institute.

(3) A club machine permit held by a members' club or a miners' welfare institute shall, by virtue of this subsection, be subject to the condition that each person to whom a machine is made available for use in reliance on the permit—

(a) is a member of the club or institute who applied for membership, was nominated for membership or became a member, at least 48 hours before he uses the machine, or

(b) is a guest of a member of the club or institute who would be entitled to use the machine by virtue of paragraph (a).

(4) A club machine permit shall, by virtue of this subsection, be subject to the conditions—

(a) that no child or young person use a Category B or C gaming machine on the club's or institute's premises, and

(b) that the holder comply with any relevant provision of a code of practice under section 24 about the location and operation of a gaming machine.

(5) For the purposes of subsection (3)(b) a person shall not be treated as the guest of a member if the member extends an invitation—

(a) having had no previous acquaintance with the person, and

(b) for the purpose only of enabling the person to take advantage of facilities for gaming.

Procedure, &c.

274

(1) Schedule 12 makes further provision about club gaming permits and club machine permits.

(2) Subsection (1) does not apply in relation to Scotland if the applicant for or holder of the permit in question is the holder of ... a relevant Scottish licence or if he falls within such other description as may be specified in regulations under section 285(1).

Bingo

275

(1) The disapplication of section 33 by section 269 or 271 shall not apply to high turnover bingo played during a high turnover period.

(2) Bingo played in the course of the activities of a club or institute in any period of seven days is high turnover bingo if—

(a) the aggregate of stakes at bingo played during the period in the course of the activities of the club or institute exceeds £2,000, or

(b) the aggregate of prizes at bingo played during the period in the course of the activities of the club or institute exceeds £2,000.

(3) A high turnover period begins in relation to a club or institute at the end of a period of seven days during which—

(a) the aggregate of stakes at bingo played in the course of the activities of the club or institute exceeds £2,000, or

(b) the aggregate of prizes at bingo played in the course of the activities of the club or institute exceeds £2,000.

(4) A high turnover period expires at the end of the year beginning with the first day of the period of seven days which caused the high turnover period to begin.

(5) A period of seven days any of which is in a high turnover period does not cause a new high turnover period to begin.

(6) A club or institute in relation to which a high turnover period begins shall, unless the club or institute holds a bingo operating licence, inform the Commission as soon as is reasonably practicable.

(7) A club or institute commits an offence if it fails without reasonable excuse to comply with subsection (6).

(8) A club or institute guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) The Secretary of State may by order vary a monetary amount specified in this section.

Interpretation

276

In sections 266 to 275—

“prescribed” means prescribed by regulations, and

“regulations” means regulations made by the Secretary of State.

Pubs, &c.

Alcohol licence

277

In this Act—

(a) “alcohol licence” means a premises licence under Part 3 of the Licensing Act 2003 (c. 17),

(b) “on-premises alcohol licence” means a premises licence under that Part which authorises the supply of alcohol for consumption on the licensed premises, and

(c) “relevant Scottish licence” means a premises licence issued under the Licensing (Scotland) Act 2005, except where such a licence only applies to the sale of alcohol for consumption off the premises.

Application of sections 279 to 284

278

(1) Sections 279 to 284 apply to premises (other than a vehicle)—

(a) in respect of which an on-premises alcohol licence or relevant Scottish licence has effect,

(b) which contain a bar at which alcohol is served for consumption on the premises (without a requirement that alcohol is served only with food), and

(c) at a time when alcohol may be supplied in reliance on the alcohol licence or sold for consumption on the premises in reliance on the relevant Scottish licence.

(2) In those sections a reference to a licensing authority includes a reference to the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple.

Exempt gaming

279

(1) Sections 33 and 37 shall not apply to the provision of facilities for equal chance gaming which—

(a) takes place on premises to which this section applies, and

(b) satisfies the conditions of this section.

(2) The first condition of gaming for the purposes of subsection (1) is that the arrangements for the gaming satisfy the prescribed requirements in relation to—

(a) limiting amounts that may be staked, or

(b) limiting the amount or value of a prize.

(3) The second condition of gaming for the purposes of subsection (1) is that no amount is deducted or levied from sums staked or won.

(4) The third condition of gaming for the purposes of subsection (1) is that no participation fee is charged.

(5) The fourth condition of gaming for the purposes of subsection (1) is that a game played on one set of premises is not linked with a game played on another set of premises.

(6) The fifth condition of gaming for the purposes of subsection (1) is that children and young persons are excluded from participation.

Section 279: supplementary

280

(1) In section 279(2) “prescribed” means prescribed by regulations made by the Secretary of State; and regulations may, in particular, make different provision for different classes or descriptions of game.

(2) For the purposes of section 279(5) two games are linked if—

(a) the result of one game is or may be wholly or partly determined by reference to the result of the other game, or

(b) the amount or value of a prize available in one game is or may be wholly or partly determined by reference to the extent of participation in the other game;

and if a single game is played partly on one set of premises and partly on another it shall be treated as two linked games.

Bingo

281

(1) The disapplication of section 33 by section 279 shall not apply to high turnover bingo played during a high turnover period.

(2) Bingo played on premises in any period of seven days is high turnover bingo if—

(a) the aggregate of stakes at bingo played on the premises during the period exceeds £2,000, or

(b) the aggregate of prizes at bingo played on the premises during the period exceeds £2,000.

(3) A high turnover period begins in relation to premises at the end of a period of seven days during which—

(a) the aggregate of stakes at bingo played on the premises exceeds £2,000, or

(b) the aggregate of prizes at bingo played on the premises exceeds £2,000.

(4) A high turnover period expires at the end of the year beginning with the first day of the period of seven days which caused the high turnover period to begin.

(5) A period of seven days any of which is in a high turnover period does not cause a new high turnover period to begin.

(6) The holder of an on-premises alcohol licence or relevant Scottish licence for premises in relation to which a high turnover period begins shall, unless he holds a bingo operating licence, inform the Commission as soon as is reasonably practicable.

(7) A person commits an offence if he fails without reasonable excuse to comply with subsection (6).

(8) A person guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) The Secretary of State may by order vary a monetary amount specified in this section.

Gaming machines: automatic entitlement

282

(1) Sections 37 and 242 shall not apply to making one or two gaming machines, each of which is of Category C or D, available for use on premises to which this section applies, provided that the conditions in subsections (2) and (3) are satisfied.

(2) The first condition is that the person who holds the on-premises alcohol licence or the relevant Scottish licence sends the licensing authority—

(a) written notice of his intention to make gaming machines available for use in reliance on subsection (1), and

(b) the prescribed fee.

(3) The second condition is that any relevant provision of a code of practice under section 24 about the location and operation of a gaming machine is complied with.

(4) Subsection (1) does not disapply section 37 or 242 in respect of premises at a time when gaming machines are made available for use on those premises in reliance on a club gaming permit or a club machine permit.

(5) In this section “prescribed” means—

(a) in the case of premises in respect of which an on-premises alcohol licence has effect, prescribed by regulations made by the Secretary of State, and

(b) in the case of premises in respect of which a relevant Scottish licence has effect, prescribed by regulations made by the Scottish Ministers.

Licensed premises gaming machine permits

283

(1) A person does not commit an offence under section 37 or 242 if he makes a gaming machine of Category C or D available in accordance with a licensed premises gaming machine permit.

(2) A licensed premises gaming machine permit is a permit issued by a licensing authority authorising a person to make gaming machines of Category C or D (or both) available for use on premises to which this section applies.

(3) A licensed premises gaming machine permit shall, by virtue of this subsection, be subject to the condition that the holder comply with any relevant provision of a code of practice under section 24 about the location and operation of a gaming machine.

(4) Subsection (1) does not disapply section 37 or 242 in respect of premises at a time when gaming machines are made available for use on those premises in reliance on a club gaming permit or a club machine permit.

(5) Schedule 13, which makes further provision about licensed premises gaming machine permits, shall have effect except in relation to Scotland.

Removal of exemption

284

(1) A licensing authority may make an order disapplying section 279 or section 282(1) to specified premises.

(2) A licensing authority may make an order disapplying a section under subsection (1) only if they think that—

(a) the application of the section is not reasonably consistent with pursuit of the licensing objectives,

(b) gaming has taken place on the premises in purported reliance on the section but in breach of a condition of that section,

(d) an offence under this Act has been committed on the premises.

(3) Before making an order under subsection (1) a licensing authority shall—

(a) give the holder of the on-premises alcohol licence or of the relevant Scottish licence (“the licensee”) at least 21 days' notice of the authority's intention to consider making an order,

(b) consider any representations made by the licensee,

(d) comply with any prescribed requirements for the procedure to be followed in considering whether to make an order.

(4) If a licensing authority make an order under subsection (1), they shall as soon as is reasonably practicable give the licensee—

(a) a copy of the order, and

(b) written reasons for the decision to make the order.

(5) A licensee may appeal against the making of an order under subsection (1).

(6) An appeal under subsection (5) must be instituted—

(a) in the magistrates' court for a local justice area in which the premises to which the appeal relates are wholly or partly situated,

(b) by notice of appeal given to the designated officer, and

(c) within the period of 21 days beginning with the day on which the appellant receives a copy of the order against which the appeal is brought.

(7) On an appeal the magistrates' court may—

(a) dismiss the appeal;

(b) allow the appeal and quash the order made by the licensing authority;

(8) In relation to premises in Scotland—

(a) subsection (6)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,

(b) subsection (6)(b) shall not have effect,

(d) the reference in subsection (7)(c) to costs shall have effect as a reference to expenses.

(9) In this section, “prescribed” means prescribed by regulations made by the Secretary of State.

Clubs, pubs &c: special provision for Scotland

Permits

285

(1) The Scottish Ministers may, with the consent of the Secretary of State, by regulations provide that such provisions as are set out in the regulations are to apply in relation to—

(a) a club gaming permit or club machine permit, in place of Schedule 12 if the applicant for or holder of the permit is the holder of ... a relevant Scottish licence and the premises are premises to which section 125(1) of the Licensing (Scotland) Act 2005 applies, or

(b) a licensed premises gaming machine permit, in place of Schedule 13, if the applicant for or holder of the permit is the holder of a relevant Scottish licence and the premises are premises to which section125(1) of the Licensing (Scotland) Act 2005 does not apply,

or if the applicant for or holder of the permit falls within such other description as may be specified in the regulations.

(2) Regulations under subsection (1) may amend, revoke or otherwise modify any enactment in so far as it appears to the Scottish Ministers necessary or expedient to do so for the purposes of that subsection.

Fairs

Interpretation: travelling fair

286

For the purposes of this Act—

(a) “fair” means a fair consisting wholly or principally of the provision of amusements, and

(b) a fair held on a day in a calendar year is a travelling fair” if provided—

(i) wholly or principally by persons who travel from place to place for the purpose of providing fairs, and

(ii) at a place no part of which has been used for the provision of a fair on more than 27 days in that calendar year.

Gaming machines

287

A person does not commit an offence under section 37 or 242 if—

(a) he makes one or more Category D gaming machines available for use at a travelling fair, and

(b) facilities for gambling (whether by way of gaming machine or otherwise) amount together to no more than an ancillary amusement at the fair.

Part 13 — Prize Gaming

Meaning of “prize gaming”

288

Gaming is prize gaming for the purposes of this Act if neither the nature nor the size of a prize played for is determined by reference to—

(a) the number of persons playing, or

(b) the amount paid for or raised by the gaming.

Prize gaming permits

289

(1) A person does not commit an offence under section 33 or 37 by providing facilities for prize gaming if—

(a) the gaming satisfies the conditions specified in section 293, and

(b) the facilities are provided in accordance with a prize gaming permit.

(2) A prize gaming permit is a permit issued by a licensing authority authorising a person to provide facilities for gaming with prizes on specified premises.

(3) Schedule 14 makes further provision about prize gaming permits.

Gaming and entertainment centres

290

(1) A person does not commit an offence under section 33 or 37 by providing facilities for prize gaming if—

(a) the gaming satisfies the conditions specified in section 293, and

(b) the facilities are provided in—

(i) an adult gaming centre, or

(ii) a licensed family entertainment centre.

(2) A person does not commit an offence under section 33 or 37 by providing facilities for equal chance prize gaming if—

(a) the gaming satisfies the conditions specified in section 293, and

(b) the facilities are provided on premises in respect of which a family entertainment centre gaming machine permit has effect.

Bingo halls

291

(1) A person does not commit an offence under section 33 or 37 by providing facilities for prize gaming in premises in respect of which a bingo premises licence has effect.

(2) A condition may be attached under section 75 or 78 to an operating licence so as—

(a) to prevent facilities for a specified description of game from being provided in reliance on subsection (1), or

(b) to provide for subsection (1) to apply, whether generally or only in connection with a specified description of game, subject to specified conditions or only in specified circumstances.

(3) A condition attached under section 78 by virtue of subsection (2) above may, in particular, relate to a matter listed in section 91(1).

(4) Subsection (1) may not be disapplied or modified—

(a) by way of a condition attached to an operating licence under section 77, or

(b) by way of a condition attached to a premises licence under section 167, 168 or 169.

Fairs

292

A person does not commit an offence under section 33 or 37 by providing facilities for equal chance prize gaming if—

(a) the gaming satisfies the conditions specified in section 293,

(b) the facilities are provided at a travelling fair, and

Conditions for prize gaming

293

(1) This section specifies the conditions mentioned in sections 289(1), 290(1) and (2) and 292 for prize gaming.

(2) The first condition is compliance with such limits as may be prescribed in respect of participation fees (and those limits may, in particular, relate to players, games or a combination; and different limits may be prescribed in respect of different classes or descriptions of fee).

(3) The second condition is that—

(a) all the chances to participate in a particular game must be acquired or allocated on one day and in the place where the game is played,

(b) the game must be played entirely on that day, and

(i) in the place where the game is played, and

(ii) as soon as is reasonably practicable after the game ends, and in any event on the day on which it is played.

(4) The third condition is that a prize for which a game is played, or the aggregate of the prizes for which a game is played—

(a) where all the prizes are money, must not exceed the prescribed amount, and

(b) in any other case, must not exceed the prescribed value.

(5) The fourth condition is that participation in the game by a person does not entitle him or another person to participate in any other gambling (whether or not he or the other person would also have to pay in order to participate in the other gambling).

(6) In this section “prescribed” means prescribed by regulations made by the Secretary of State.

Power to restrict exemptions

294

The Secretary of State may by order provide for sections 289, 290 and 292 not to have effect in relation to prize gaming of a specified description.

Part 14 — Private and Non-Commercial Gaming and Betting

Private gaming and betting

Interpretation

295

Schedule 15 (which defines private gaming and betting) shall have effect.

Exceptions to offences

296

(1) A person does not commit an offence under section 33 by providing facilities for—

(a) private gaming, or

(b) private betting.

(2) Section 37 shall not apply to or in respect of the use of premises to carry on—

(a) private gaming, or

(b) private betting.

(3) A person does not commit an offence under section 33 or 37 by making or accepting a bet, or by offering to make or accept a bet, if he acts otherwise than in the course of a business.

Non-commercial gaming and betting

Interpretation

297

(1) For the purposes of this Act gaming is non-commercial if it takes place at a non-commercial event (whether as an incidental activity or as the principal or only activity).

(2) An event is non-commercial if the arrangements for the event are such that no part of the proceeds is to be appropriated for the purpose of private gain.

(3) For the purposes of subsection (2) the proceeds of an event are—

(a) the sums raised by the organisers (whether by way of fees for entrance or for participation, by way of sponsorship, by way of commission from traders or otherwise), minus

(b) amounts deducted by the organisers in respect of costs reasonably incurred in organising the event.

Exceptions to offences

298

(1) A person does not commit an offence under section 33 by providing facilities for—

(a) non-commercial prize gaming which complies with the conditions in section 299, or

(b) non-commercial equal chance gaming which complies with the conditions in section 300.

(2) Section 37 shall not apply to or in respect of the use of premises to carry on—

(a) non-commercial prize gaming which complies with the conditions in section 299, or

(b) non-commercial equal chance gaming which complies with the conditions in section 300.

Conditions for non-commercial prize gaming

299

(1) This section specifies the conditions for non-commercial prize gaming mentioned in section 298.

(2) The first condition is that players are informed that the purpose of the gaming is to raise money for a specified purpose other than that of private gain.

(3) The second condition is that the arrangements for the gaming are such that the profits will be applied for a purpose other than that of private gain.

(4) The third condition is that the non-commercial event of which the gaming is part does not take place—

(a) on premises, other than a track, in respect of which a premises licence has effect,

(b) on a track at a time when activities are being carried on in reliance on a premises licence, or

(5) The fourth condition is that the gaming is not remote.

(6) In this section “profits” in relation to gaming means—

(a) the aggregate of amounts—

(i) paid by way of stakes, or

(ii) otherwise accruing to the person organising the gaming directly in connection with it, minus

(b) amounts deducted by the person organising the gaming in respect of—

(i) the provision of prizes, or

(ii) other costs reasonably incurred in organising or providing facilities for the gaming.

Conditions for non-commercial equal-chance gaming

300

(1) This section specifies the conditions for non-commercial equal-chance gaming mentioned in section 298.

(2) The first condition is that persons participating in the gaming are informed that the purpose of the gaming is to raise money for a specified purpose other than that of private gain.

(3) The second condition is that the arrangements for the gaming are such that the profits will be applied for a purpose other than that of private gain.

(4) The third condition is that the arrangements for the gaming ensure compliance with regulations of the Secretary of State—

(a) limiting amounts staked;

(b) limiting participation fees;

(d) limiting a combination of matters specified in paragraphs (a) to (c);

(e) limiting the amount or value of a prize;

(f) limiting the aggregate amount or value of prizes.

(5) Regulations under subsection (4) may, in particular—

(a) make provision by reference to whether or not a game is part of a series;

(b) make provision by reference to whether or not the non-commercial event of which the gaming is part is associated, as defined by the regulations, with another event;

(d) make different provision for different kinds of game or for games played in different circumstances.

(6) The fourth condition is that the non-commercial event of which the gaming is part does not take place—

(a) on premises, other than a track, in respect of which a premises licence has effect,

(b) on a track at a time when activities are being carried on in reliance on a premises licence, or

(7) The fifth condition is that the gaming is non-remote.

(8) In this section “profits” in relation to gaming means—

(a) the aggregate of amounts—

(i) paid by way of stakes, or

(ii) otherwise accruing to the person organising the gaming directly in connection with it, minus

(b) amounts deducted by the person organising the gaming in respect of—

(i) the provision of prizes, or

(ii) other costs reasonably incurred in organising or providing facilities for the gaming.

Misusing profits of non-commercial prize gaming

301

(1) This section applies to—

(a) non-commercial prize gaming in respect of which a fund-raising purpose has been specified as mentioned in section 299(2), and

(b) non-commercial equal-chance gaming in respect of which a fund-raising purpose has been specified as mentioned in section 300(2).

(2) A person commits an offence if he uses any part of the profits of gaming to which this section applies for a purpose other than that specified.

(3) The reference in subsection (2) to the use of profits includes a reference to permitting profits to be used.

(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.

(6) In this section “profits” has the same meaning as in sections 299 and 300.

Non-commercial betting

302

For the purposes of this Act a betting transaction is non-commercial betting if no party to the transaction—

(a) enters it in the course of a business, or

(b) holds himself out as being in business in relation to the acceptance of bets.

Part 15 — Inspection

Inspectors

Enforcement officers

303

(1) The Commission—

(a) may designate employees of the Commission as enforcement officers for the purposes of this Act, and

(b) may appoint persons other than employees of the Commission as enforcement officers for the purposes of this Act.

(2) The Commission may pay to or in respect of an enforcement officer who is not an employee of the Commission sums by way of or in respect of—

(a) remuneration;

(b) allowances;

(d) pension;

(e) gratuity.

Authorised persons

304

(1) In this Act—

(a) “authorised person” has the meaning given by this section, and

(b) a reference to an authorised local authority officer is a reference to a person who is an authorised person by virtue of subsection (2).

(2) An officer of a licensing authority is an authorised person for a purpose relating to premises if—

(a) the premises are wholly or partly situated in the authority's area, and

(b) the officer is designated by the authority as an authorised person for the purposes of this section.

(3) An officer of an authority other than a licensing authority is an authorised person for a purpose relating to premises if—

(a) the authority has statutory functions, for an area in which the premises are wholly or partly situated, in relation to minimising or preventing the risk of pollution of the environment or of harm to human health, and

(b) the officer is authorised by the authority for the purpose of exercising any of those statutory functions.

(4) The following are authorised persons for purposes relating to any premises—

(a) an inspector appointed under section 18 of the Fire Precautions Act 1971 (c. 40) (enforcement),

(a) where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, an enforcement officer appointed under section 61(3) of that Act,

(b) an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 (c. 37) (inspectors),

(c) an inspector or surveyor of ships appointed under section 256 of the Merchant Shipping Act 1995 (c. 21) (enforcement),

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