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) notifies the licensing authority of his intention to surrender the licence, and

(b) gives the licensing authority either—

(i) the licence, or

(ii) a written statement explaining why it is not reasonably practicable to produce the licence.

(2) As soon as is reasonably practicable after receipt of notification under subsection (1)(a) the licensing authority shall notify—

(a) the Commission,

(b) either—

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

(ii) in Scotland, the chief constable of the police force maintained for a police area in which the premises are wholly or partly situated, and

Revocation for failure to pay fee

193

(1) Where the holder of a premises licence fails to pay the annual fee in accordance with regulations under section 184 the licensing authority shall revoke the licence.

(2) But the licensing authority may disapply subsection (1) if they think that a failure to pay is attributable to administrative error.

Lapse

194

(1) In the case of a premises licence issued to an individual, the licence shall lapse if—

(a) the licensee dies,

(b) the licensee becomes, in the opinion of the licensing authority as notified to the licensee, incapable of carrying on the licensed activities by reason of mental or physical incapacity,

(c) the licensee becomes bankrupt (within the meaning of section 381 of the Insolvency Act 1986 (c. 45)), or a debt relief order is made in respect of the licensee (under Part 7A of the Insolvency Act 1986), or

(d) sequestration of the licensee's estate is awarded under section 22(1) of the Bankruptcy (Scotland) Act 2016 .

(2) In any other case a premises licence shall lapse if the licensee—

(a) ceases to exist, or

(b) goes into liquidation (within the meaning of section 247(2) of the Insolvency Act 1986).

(3) If a licensing authority become aware that a premises licence issued by them has lapsed, they shall as soon as is reasonably practicable notify—

(a) the Commission,

(b) either—

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

(ii) in Scotland, the chief constable of the police force maintained for a police area in which the premises are wholly or partly situated, and

Reinstatement

195

(1) This section applies where a premises licence lapses under section 194.

(2) During the period of six months beginning with the date of the lapse of the premises licence a person may apply to the licensing authority for the licence to be reinstated with the applicant as the licensee.

(3) The provisions of this Part shall apply in relation to an application for reinstatement as they apply in relation to an application for a premises licence—

(a) subject to the provisions of this section and section 196, and

(b) with any other necessary modifications.

(4) An application for reinstatement must (in addition to anything required by section 159) request that the reinstatement take effect upon the application being granted.

(5) A licensing authority shall grant an application for reinstatement unless they think it would be wrong to do so having regard to representations made under section 161 (as applied by subsection (3) above).

(6) On the grant of an application for the reinstatement of a premises licence the licensing authority—

(a) shall alter the licence so that the applicant for reinstatement becomes the licensee,

(b) shall specify in the licence that the reinstatement takes effect at the time when the application is granted, and

(c) shall make such other alteration of the licence as appears to them to be required (which may, in particular, include an alteration to reflect a decision of the authority under section 169 as applied by subsection (3) above to make new or varied provision for the attachment or exclusion of conditions).

Reinstatement: supplemental

196

(1) An application under section 195 for the reinstatement of a premises licence must (in addition to anything required by section 159) be accompanied by—

(a) the licence, or

(b) both—

(i) a statement explaining why it is not reasonably practicable to produce the licence, and

(ii) an application under section 190 for the issue of a copy of the licence.

(2) In the case of an application under section 190 made in accordance with subsection (1)(b)(ii) above—

(a) the application shall be made by the applicant for reinstatement, and

(b) a reference to the licence being lost, stolen or damaged shall be treated as a reference to the licence being unavailable to the applicant for reinstatement.

(3) Regulations under section 160, as they have effect in relation to applications for reinstatement by virtue of section 195(3), may require notice to be given to specified responsible authorities (and not to all responsible authorities).

(4) Section 161 shall have effect in relation to an application for reinstatement with the omission of the reference to interested parties.

(5) Where an application is made under section 195 for the reinstatement of a premises licence, the licence shall have effect as if the applicant for reinstatement were the licensee during the period—

(a) beginning with the receipt of the application for reinstatement by the licensing authority, and

(b) ending with the determination of the application by the licensing authority.

Review

Application for review

197

(1) A responsible authority or interested party may apply to the licensing authority for a review by the authority of a premises licence.

(2) An application must—

(a) be made in the prescribed form and manner,

(b) specify the grounds on which the review is sought, and

(3) The Secretary of State may make regulations requiring an applicant—

(a) to give notice of his application to the licensee;

(b) to give notice of his application to the responsible authorities in relation to the premises.

(4) The Secretary of State may make regulations requiring the licensing authority to whom an application is made under this section to publish notice of the application.

(5) Regulations under subsection (2), (3) or (4) shall include provision—

(a) about the manner and form in which notice is to be published or given,

(b) about the period of time within which notice is to be published or given, and

(6) Regulations by virtue of subsection (5)(a) shall, in particular, require a notice to specify a period of time during which representations about the application may be made to the licensing authority by—

(a) the licensee,

(b) a responsible authority, or

(7) In relation to applications to authorities in Scotland, subsections (3) and (4) shall have effect as if the references to the Secretary of State were references to the Scottish Ministers.

Rejection of application

198

(1) A licensing authority may reject an application under section 197 for the review of a premises licence if they think that the grounds on which the review is sought—

(a) do not raise an issue relevant to the principles to be applied in accordance with section 153,

(b) are frivolous,

(d) will certainly not cause the authority to wish to take action of a kind specified in section 202(1),

(e) are substantially the same as the grounds specified in an earlier application under section 197 in respect of the premises licence, or

(f) are substantially the same as representations made under section 161 in relation to the application for the premises licence.

(2) In determining whether to exercise the power to reject an application under section 197 in accordance with subsection (1)(e) or (f), a licensing authority shall consider the length of time that has elapsed since the making of the earlier application or since the making of the representations under section 161.

(3) If a licensing authority consider that paragraphs (a) to (f) apply to some but not all of the grounds on which a review is sought, they may reject the application in so far as it relies on grounds to which those paragraphs apply.

(4) In this section a reference to section 161 includes a reference to that section as applied by section 187(3).

Grant of application

199

(1) This section applies where an application for review has been made to a licensing authority under section 197.

(2) If, or in so far as, the licensing authority do not reject the application under section 198 they shall grant it.

Initiation of review by licensing authority

200

(1) A licensing authority may review in relation to premises licences of a particular class—

(a) the use made of premises, and

(b) in particular, arrangements made by licensees to ensure compliance with conditions attached under section 167, 168 or 169 or by a provision of this Part.

(2) A licensing authority may review any matter connected with the use of premises in reliance on a premises licence if the authority—

(a) have reason to suspect that the premises may have been used in purported reliance on a licence but not in accordance with a condition of the licence, or

(b) for any reason (which may relate to the receipt of a complaint about the use of the premises) think that a review would be appropriate.

(3) Before reviewing a premises licence under subsection (2) the licensing authority shall—

(a) give notice of their intention to hold the review to the licensee, and

(b) publish notice of their intention to hold the review.

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

(a) the manner and form in which notice under subsection (3) is to be given or published, and

(b) the period of time within which notice is to be given or published.

(5) Regulations by virtue of subsection (4)(a) shall, in particular, require a notice to specify a period of time during which representations about the review may be made to the licensing authority by—

(a) the licensee,

(b) a responsible authority, or

(6) In relation to notice given by a licensing authority in Scotland, subsection (4) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.

Review

201

(1) This section applies where a licensing authority—

(a) have granted an application for a review of a premises licence under section 199, or

(b) have given notice under section 200 of their intention to hold a review of a premises licence.

(2) As soon as is reasonably practicable after the expiry of any period for representations prescribed under section 197(6) or 200(5), the licensing authority shall review the premises licence.

(3) The purpose of the review shall be to consider whether to take action of a kind specified in section 202(1) in relation to the licence.

(4) In conducting a review of a premises licence a licensing authority shall hold a hearing unless—

(a) the applicant for the review (if there is one), and each person who has made representations about the review under section 197(6) or 200(5), have consented to the conduct of the review without a hearing, or

(b) the licensing authority think that each representation made about the review in accordance with section 197(6) or 200(5)—

(i) is frivolous,

(ii) is vexatious, or

(iii) will certainly not influence the review.

(5) In considering whether to take action of a kind specified in section 202(1) the licensing authority shall have regard (in addition to the matters specified in section 153) to—

(a) any representations made in accordance with section 197(6) or 200(5),

(b) any representations made at the hearing of the review (if there is one), and

(c) in the case of a review held in response to an application under section 197, the grounds specified in the application for the review (apart from any in relation to which the application was rejected under section 198(3)).

Action following review

202

(1) As a result of a review of a premises licence under section 201 a licensing authority may—

(a) revoke the licence;

(b) suspend the licence for a specified period not exceeding three months;

(d) add, remove or amend a condition under section 169.

(2) If the licensing authority decide to take action of a kind specified in subsection (1) they shall specify the time at which the action shall take effect.

(3) A licensing authority may, in particular, take action under subsection (1) on the grounds that the licensee has not used the licence.

Determination

203

(1) As soon as possible after completion of a review of a premises licence under section 201 a licensing authority shall give notice of their decision on the review to—

(a) the licensee,

(b) the applicant for the review (if any),

(d) any person who made representations in accordance with section 197 or 200,

(e) either—

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

(ii) in Scotland, the chief constable of the police force maintained for a police area in which the premises are wholly or partly situated, and

(f) Her Majesty's Commissioners of Customs and Excise.

(2) A notice under subsection (1)—

(a) must be in the prescribed form, and

(b) must give the authority's reasons for their decision.

Provisional statement

Application

204

(1) A person may make an application for a provisional statement in respect of premises—

(a) that he expects to be constructed,

(b) that he expects to be altered, or

(2) The provisions of this Part shall apply in relation to an application for a provisional statement as they apply in relation to an application for a premises licence—

(a) subject to the provisions of this section and section 205, and

(b) with any other necessary modifications.

(3) An application for a provisional statement shall include such plans and other information in relation to the construction, alteration or acquisition as may be prescribed.

(4) Sections 152(1)(b) and 159(3) and (5) shall not apply in relation to an application for a provisional statement.

Effect

205

(1) This section applies where—

(a) a licensing authority issue a provisional statement in respect of premises, and

(b) an application is made under section 159 for a premises licence in respect of the premises.

(2) The licensing authority shall disregard any representations made in relation to the application for the premises licence unless they think that the representations—

(a) address matters that could not have been addressed in representations in relation to the application for the provisional statement, or

(b) reflect a change in the applicant's circumstances.

(3) The licensing authority may refuse the application, or grant it on terms or conditions not included in the provisional statement, only by reference to matters which—

(a) the authority have considered in reliance on subsection (2)(a), or

(b) in the authority's opinion reflect a change in the applicant's circumstances.

(4) But subsections (2) and (3) do not apply in the case of a provisional statement issued in response to an application under section 204(1)(a) or (b) if the licensing authority think that the premises have been constructed or altered otherwise than in accordance with the plans and information included with the application for the provisional statement in accordance with section 204(3).

Appeals

Rights of appeal

206

(1) Where a licensing authority reject an application under this Part the applicant may appeal.

(2) Where a licensing authority grant an application under this Part either of the following may appeal—

(a) a person who made representations in relation to the application, and

(b) the applicant.

(3) Where a licensing authority take action under section 202 as a result of a review of a premises licence, or determine to take no action as a result of a review, any of the following may appeal—

(a) the licensee,

(b) a person who made representations in relation to the review,

(d) the Commission.

(4) Where a licensing authority take action or make a determination under section 188(4) or (5) either of the following may appeal—

(a) the licensee, and

(b) the applicant for transfer.

Process

207

(1) An appeal under section 206 in relation to premises must be instituted—

(a) in the magistrates' court for a local justice area in which the premises 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 notice of the decision against which the appeal is brought.

(2) Where an appeal is brought under section 206 the licence holder (or the applicant in the case of an appeal against the grant of an application for a premises licence) shall be a respondent in addition to the licensing authority (unless he is the appellant).

(3) On an appeal under section 206 the magistrates' court may—

(a) dismiss the appeal;

(b) substitute for the decision appealed against any decision that the licensing authority could have made;

(d) make an order about costs.

(4) Section 206 applies to a decision of a licensing authority following remittal under subsection (3)(c) above.

(5) In relation to premises in Scotland—

(a) subsection (1)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,

(b) subsection (1)(b) shall not have effect,

(d) the reference in subsection (3) to costs shall have effect as a reference to expenses.

Stay pending appeal

208

(1) A determination or other action under this Part shall have no effect while an appeal under section 206—

(a) could be brought, or

(b) has been brought and has not yet been either finally determined or abandoned.

(2) But a licensing authority making a determination or taking other action under this Part may direct that subsection (1) shall not apply (in which case the magistrates' court or sheriff determining an appeal may make any order that it or he thinks appropriate).

Further appeal

209

A party to an appeal under section 206 may appeal on a point of law—

(a) in relation to premises in England and Wales, to the High Court, or

(b) in relation to premises in Scotland, to the Court of Session.

General

Planning permission

210

(1) In making a decision in respect of an application under this Part a licensing authority shall not have regard to whether or not a proposal by the applicant is likely to be permitted in accordance with the law relating to planning or building.

(2) A decision by a licensing authority under this Part shall not constrain any later decision by the authority under the law relating to planning or building.

Vehicles and vessels

211

(1) A premises licence—

(a) may not be issued in relation to a vehicle (or part of a vehicle),

(b) may be issued in relation to all or part of a passenger vessel,

(c) may be issued in relation to 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 issued in relation to all or part of a vessel to which neither of paragraphs (b) and (c) applies.

(2) A premises licence in relation to a vessel may include a condition imposed by virtue of section 169 about the location of the vessel.

(3) 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 premises licence.

(4) 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 where the vessel is or is likely to be while activities are carried on in the vessel in reliance on a premises licence,

(b) the Environment Agency,

(c) the British Waterways Board, if the place where the vessel is or is likely to be while activities are carried on in the vessel in reliance on a premises licence is in Scotland,

(ca) Canal & River Trust, if the place where the vessel is or is likely to be while activities are carried on in the vessel in reliance on a premises licence is in England or Wales, and

(d) the Secretary of State.

Fees

212

(1) Regulations under this Part prescribing a fee—

(a) may provide for the amount of the fee to be determined by a licensing authority, and

(b) may, if they make provision by virtue of paragraph (a), specify constraints on a licensing authority's power to determine the amount of the fee.

(2) Where provision is made under subsection (1) for the amount of a fee to be determined by a licensing authority, the authority—

(a) shall determine the amount of the fee,

(b) may determine different amounts for different classes of case specified in the regulations (but may not otherwise determine different amounts for different cases),

(d) shall aim to ensure that the income from fees of that kind as nearly as possible equates to the costs of providing the service to which the fee relates (including a reasonable share of expenditure which is referable only partly or only indirectly to the provision of that service).

(3) For the purposes of subsection (2)(d) a licensing authority shall compare income and costs in such manner, at such times and by reference to such periods as the authority, having regard to any guidance issued by the Secretary of State, think appropriate.

(4) Regulations by virtue of this section may (without prejudice to the generality of section 355)—

(a) make provision which applies generally or only to specified authorities or classes of authority,

(b) make different provision for different authorities or classes of authority, and

(5) A class of authority for the purposes of subsection (4) may, in particular, be defined by reference to categories assigned under section 99 of the Local Government Act 2003 (c. 26).

(6) This section does not apply to Scotland.

Interpretation

213

In this Part—

(a) “authorised activity”, in relation to a premises licence, means an activity specified under section 151(1)(d),

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

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

(d) “holder”, in relation to a premises licence, means the person to whom the licence is issued,

(e) “licensee”, in relation to a premises licence, also means the person to whom the licence is issued,

(f) “the licensing authority”, in relation to a premises licence, means the authority who issued the licence, and

(g) “prescribed” means (except where the contrary is provided) prescribed by regulations made by the Secretary of State.

Part 9 — Temporary Use of Premises

Temporary use notice

Exception to offence of using premises for gambling

214

(1) A person who uses premises to carry on an activity listed in section 37(1), or who causes or permits premises to be used to carry on an activity to which that section applies, does not commit an offence under that section if—

(a) a temporary use notice under this Part has effect in respect of the premises, and

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

Nature of notice

215

(1) A temporary use notice is a notice given in accordance with the provisions of this Part—

(a) by the holder of an operating licence, and

(b) stating his intention to carry on one or more specified prescribed activities.

(2) The Secretary of State may by regulations—

(a) prescribe activities which may be specified in a notice under subsection (1)(b);

(b) prescribe combinations of activity that may not be specified in a notice under subsection (1)(b);

(c) prescribe activities which may be specified under subsection (1)(b) only if no other prescribed activity is specified in the notice.

(3) A temporary use notice given by a person may specify an activity under subsection (1)(b) only if the person's operating licence authorises him to carry on the activity.

Form of notice

216

(1) A temporary use notice must—

(a) be in the prescribed form,

(b) specify the activity to be carried on in reliance on the notice,

(d) specify the period of time during which the notice is to have effect,

(e) specify the times of day during that period at which the activity is to be carried on,

(f) specify any periods during the previous 12 months during which a temporary use notice has had effect in respect of the premises or any part of the premises,

(g) specify the date on which the notice is given, and

(h) contain any other prescribed information.

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

(3) In subsection (1)(f) “the previous 12 months” means the period of 12 months ending with the last day of the period specified under subsection (1)(d).

Effect of notice

217

A temporary use notice shall, subject to the provisions of this Part and provided that the requirements of this Part are complied with, have effect during the period specified in the notice in accordance with section 216(1)(d).

Maximum permitted period

218

(1) A set of premises may not be the subject of temporary use notification for more than 21 days in a period of 12 months.

(2) A set of premises may be the subject of more than one temporary use notice in a period of 12 months (provided that the aggregate of the periods for which the notices have effect does not exceed 21 days).

(3) If a temporary use notice is given to a licensing authority and subsection (1) would be contravened if the notice had effect for any part of the period specified in accordance with section 216(1)(d), the licensing authority shall give a counter-notice providing for the temporary use notice not to have effect.

(4) Subsections (5) and (6) apply where a temporary use notice is given to a licensing authority and—

(a) subsection (1) would be contravened if the notice had effect for the whole of the period specified in accordance with section 216(1)(d) (“the specified period”), but

(b) the notice could have effect for some part of the specified period without resulting in contravention of subsection (1).

(5) The licensing authority shall give a counter-notice providing that the temporary use notice—

(a) shall not have effect during such part of the specified period as the licensing authority may specify in the counter-notice (“the excluded period”), and

(b) shall be treated for the purposes of this Part as if it related only to the non-excluded period.

(6) Where there is a choice as to which part of the specified period to exclude under subsection (5), the licensing authority shall consult the person who gave the temporary use notice before giving a counter-notice by virtue of that subsection.

(7) A counter-notice under this section shall have effect; and subsections (4) and (6) of section 224 shall apply in relation to a counter-notice given under this section as they apply in relation to a counter-notice given under that section.

(8) For the purposes of this section a set of premises is the subject of temporary use notification (or of a notice) if any part of the premises is the subject of temporary use notification (or of a notice).

Procedure

Giving notice

219

(1) A temporary use notice must be given to the licensing authority for the area in which the premises specified under section 216(1)(c) are situated.

(2) A temporary use notice must be given before the period of three months ending with the day before the period specified under section 216(1)(d).

(3) A temporary use notice given under subsection (1) must be accompanied by—

(a) a copy of the notice, and

(b) such fee as may be prescribed by regulations made—

(i) in relation to premises in England and Wales, by the Secretary of State, and

(ii) in relation to premises in Scotland, by the Scottish Ministers.

(4) A person who gives a temporary use notice must give a copy of it to—

(a) the Commission,

(b) either—

(i) in England and Wales, the chief officer of police for any area in which the premises specified in the notice are wholly or partly situated, or

(ii) in Scotland, the chief constable of the police force maintained for a police area in which the premises are wholly or partly situated, and

(5) A person who gives a temporary use notice must ensure that it, and any copy required by this section to be given, are received within the period of 7 days beginning with the date specified under section 216(1)(g).

(6) In the case of premises situated partly in the area of one licensing authority and partly in the area of another, the person giving the notice—

(a) may give it to either authority, and

(b) shall give a copy of the notice to the other authority.

(7) In this Part—

(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.

(8) Section 212 shall have effect in relation to fees under this section as it has effect in relation to fees under Part 8.

Acknowledgment of notice

220

Where a licensing authority receive a temporary use notice in accordance with section 219(1) they shall as soon as is reasonably practicable send a written acknowledgment of the notice to the person who gave it.

Objections

221

(1) This section applies where a person receives a temporary use notice, or a copy of a temporary use notice, in accordance with section 219.

(2) If the person thinks that having regard to the licensing objectives the temporary premises notice should not have effect, or should have effect only with modification, he may give a notice of objection to the person who gave the temporary use notice.

(3) A person who gives a notice of objection under subsection (2) must give a copy of the notice to the licensing authority to which the temporary use notice was given (unless it is that licensing authority which give the notice of objection).

(4) A notice of objection and any copy required by subsection (3) must be given within the period of 14 days beginning with the date on which the temporary use notice is given as specified under section 216(1)(g).

(5) A notice of objection must state—

(a) that the person giving the notice objects to the temporary use notice, and

(b) the person's reasons.

(6) If the person who gives a notice of objection later withdraws it by notice in writing to the persons mentioned in subsections (2) and (3), the notice of objection shall be disregarded.

Hearing of objections

222

(1) This section applies where—

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

(b) a notice of objection is given in accordance with section 221.

(2) The licensing authority shall hold a hearing at which any of the following may make representations about the notice of objection—

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

(b) the person who gave the notice of objection, and

(3) But the licensing authority need not arrange a hearing if the authority and each person who would be entitled to make representations agree in writing that a hearing is unnecessary.

Modification by agreement

223

(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 by a person (“the objector”) in accordance with section 221, and

(i) taken place, nor

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

(2) The objector may by notice in writing to the person who gave the temporary use notice propose a modification of that notice.

(3) If the person who gave the temporary use notice accepts the modification—

(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

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