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

(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),

(d) a person who is within a class prescribed by the Secretary of State by regulations.

Kinds of inspection

Compliance

305

A constable, enforcement officer or authorised person may undertake activities for the purpose of assessing—

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

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

Suspected offence

306

(1) A constable or enforcement officer may enter premises if he reasonably suspects that an offence under this Act may be—

(a) being committed on the premises, or

(b) about to be committed on the premises.

(2) A justice of the peace may on the application of a constable or enforcement officer issue a warrant authorising a constable or enforcement officer to enter premises if the justice of the peace is satisfied—

(a) that there are reasonable grounds for suspecting that an offence under this Act has been committed on the premises,

(b) that there are reasonable grounds for suspecting that evidence of the commission of the offence may be found on the premises, and

(3) Those conditions are—

(a) that admission to the premises has been refused,

(b) that admission to the premises is likely to be refused unless a warrant is produced,

(c) that the purpose of entry may be frustrated or seriously prejudiced unless a constable or enforcement officer arriving at the premises can secure immediate entry, and

(d) that there is likely to be nobody at the premises capable of granting admission.

(4) A warrant may be granted in reliance on subsection (3)(a) or (b) only if the justice of the peace is satisfied—

(a) that notice has been given to a person occupying the premises, or having responsibility for their management, of intent to apply for a warrant, or

(b) that the purpose of entry may be frustrated or seriously prejudiced by the giving of notice under paragraph (a).

(5) A warrant under subsection (2) shall cease to have effect at the end of the period of 28 days beginning with the day of issue.

(6) In the application of this section to Scotland, any reference to a justice of the peace is to be construed as a reference to the sheriff or a justice of the peace.

Inspection of gambling

307

(1) A constable, enforcement officer or authorised person may enter premises to which this section applies for a purpose specified in subsection (3).

(2) This section applies to premises if a constable, enforcement officer or authorised person reasonably suspects that facilities for gambling other than private and non-commercial gaming or betting may be being provided, may be about to be provided or have been provided, on the premises.

(3) The purposes mentioned in subsection (1) are—

(a) to discover whether facilities for gambling other than private and non-commercial gaming or betting are being provided, are about to be provided or have been provided on the premises,

(b) to determine whether an operating licence or premises licence is held in respect of the provision of facilities for gambling on the premises, and

(c) to determine whether facilities are being, will be or have been provided in accordance with the terms and conditions of an operating licence or premises licence.

Operating licence holders

308

(1) A constable or enforcement officer may enter premises to which this section applies for the purpose specified in subsection (3).

(2) This section applies to premises which a constable or enforcement officer reasonably believes to be used by the holder of an operating licence wholly or partly for purposes connected with the licensed activities.

(3) The purpose mentioned in subsection (1) is to determine whether the licensed activities are being carried on in accordance with the terms and conditions of the operating licence.

Family entertainment centres

309

(1) A constable, enforcement officer or authorised local authority officer may enter premises in respect of which an application has been made for a family entertainment centre gaming machine permit for a purpose connected with the consideration of the application.

(2) A constable, enforcement officer or authorised local authority officer may enter premises in respect of which a family entertainment centre gaming machine permit has effect for the purpose of determining whether the gaming machines used on the premises, and the arrangements for their use, comply with the requirements of this Act and regulations under it.

Premises licensed for alcohol

310

(1) An enforcement officer or an authorised local authority officer may enter premises in respect of which an application has been made under Schedule 13 for a purpose connected with the consideration of the application.

(2) A constable, enforcement officer or authorised local authority officer may enter premises in respect of which an on-premises alcohol licence has effect for the purpose of—

(a) determining whether gaming carried on satisfies the conditions in section 279;

(b) in the case of bingo played on the premises, determining—

(i) whether the terms and conditions of any relevant operating licence are being complied with;

(ii) whether section 281 applies;

Prize gaming permit

311

(1) A constable, enforcement officer or authorised local authority officer may enter premises in respect of which an application has been made for a prize gaming permit for a purpose connected with the consideration of the application.

(2) A constable, enforcement officer or authorised local authority officer may enter premises in respect of which a prize gaming permit has effect for the purposes of determining whether prize gaming on the premises complies with the requirements of this Act and regulations under it.

Clubs

312

(1) A constable or enforcement officer may enter premises to which this section applies for a purpose specified in subsection (3).

(2) This section applies to premises which a constable or enforcement officer reasonably believes to be used by a members' club, a commercial club or a miners' welfare institute.

(3) The purposes mentioned in subsection (1) are—

(a) to determine whether gaming is taking place on the premises or is about to take place on the premises,

(b) to determine whether any gaming that is taking place or is about to take place on the premises is in accordance with—

(i) section 269,

(ii) a club gaming permit, or

(iii) a club machine permit.

(4) An authorised local authority officer may enter premises in respect of which an application has been made for a club gaming permit or a club machine permit for a purpose connected with the consideration of the application.

Licensed premises

313

(1) A constable, enforcement officer or authorised person may enter premises in respect of which an application for a premises licence has been made to assess, having regard to the licensing objectives, the likely effects of activity carried on in reliance on the premises licence.

(2) A constable, enforcement officer or authorised person may enter premises in respect of which a premises licence has effect for a purpose connected with a review under section 201.

Lotteries: registered societies

314

Where a society is registered with a local authority in accordance with Part 5 of Schedule 11, an enforcement officer or an authorised local authority officer may enter premises owned or used by the society for the purpose of making inquiries in connection with a lottery promoted on behalf of the society.

Temporary use notice

315

(1) A constable, enforcement officer or authorised person may enter premises in respect of which a temporary use notice has been given to assess, having regard to the licensing objectives, the likely effects of activity carried on in reliance on the temporary use notice.

(2) A constable, enforcement officer or authorised person may enter premises in respect of which a temporary use notice has effect to determine whether an activity of a kind listed in section 37(1) is being carried on otherwise than in accordance with the temporary use notice.

Authorisations: production on demand

316

(1) A constable or enforcement officer may require the holder of an operating licence to produce to the constable or enforcement officer within a specified period a copy of any authorisation given by the holder of the licence under section 93(2) or (3) or 94(2).

(2) While a person is holding himself out as willing to accept bets on behalf of the holder of an operating licence in accordance with section 93(2) or (3) or 94(2), a constable or enforcement officer may require the person to produce a copy of his authorisation under that section—

(a) within a specified period, or

(b) immediately.

(3) A constable or enforcement officer may require the holder of a casino premises licence to produce to the constable or enforcement officer within a specified period a copy of any authorisation given by the holder of the licence under section 174(3).

(4) While a person is carrying on an activity in reliance on an authorisation under section 174(3), a constable or enforcement officer may require the person to produce a copy of his authorisation under that section—

(a) within a specified period, or

(b) immediately.

(5) A person commits an offence if he fails without reasonable excuse to comply with a requirement imposed under this section.

(6) A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Powers and procedure

Powers

317

(1) A constable, enforcement officer or authorised person exercising a power under or by virtue of this Part to enter premises may—

(a) inspect any part of the premises and any machine or other thing on the premises;

(b) question any person on the premises;

(d) require to be supplied with a copy, in such form as he directs, of an entry in a written or electronic record which is kept on the premises;

(e) remove and retain anything if he reasonably believes that it constitutes or contains evidence of—

(i) the commission of an offence under this Act, or

(ii) the breach of a term or condition of a licence issued under this Act;

(f) remove and retain anything if he reasonably believes that it is being used or has been used in the commission of an offence under this Act.

(2) The Secretary of State may by regulations make provision about the treatment of —

(a) copies supplied under subsection (1)(d), and

(b) things removed under subsection (1)(e) or (f).

(3) Regulations under subsection (2) may, in particular, make provision—

(a) about the retention, use, return, disposal or destruction of anything supplied or removed;

(b) conferring a right of appeal.

(4) The Secretary of State may by regulations make provision about the procedure to be followed in the exercise of a power under this section.

(5) Nothing in this Part authorises action to be taken in England and Wales in respect of anything of a kind specified in section 9(2) of the Police and Criminal Evidence Act 1984 (c. 60) (legally privileged material, &c.).

(6) A person exercising a power under or by virtue of this Part shall have regard to any relevant provision of a code of practice under that Act (and guidance under section 25 may refer to a provision of a code).

(7) Subsection (6) does not apply as respects the exercise of a power in relation to Scotland.

Dwellings

318

(1) A power under this Part to enter premises without a warrant does not apply in relation to a dwelling.

(2) A justice of the peace may on the application of a constable, enforcement officer or authorised person issue a warrant authorising a constable, enforcement officer or authorised person to enter premises if the justice of the peace is satisfied—

(a) that, but for subsection (1), a constable, enforcement officer or authorised person would be able to enter the premises without a warrant in reliance on a provision of this Part, and

(b) that at least one of the conditions in subsection (3) is satisfied.

(3) Those conditions are—

(a) that admission to the premises has been refused,

(b) that admission to the premises is likely to be refused unless a warrant is produced,

(c) that the purpose of entry may be frustrated or seriously prejudiced unless a constable, enforcement officer or authorised person arriving at the premises can secure immediate entry, and

(d) that there is likely to be nobody at the premises capable of granting admission.

(4) A warrant may be granted in reliance on subsection (3)(a) or (b) only if the justice of the peace is satisfied—

(a) that notice has been given to a person occupying the premises, or having responsibility for their management, of intent to apply for a warrant, or

(b) that the purpose of entry may be frustrated or seriously prejudiced by the giving of notice under paragraph (a).

(5) A warrant under subsection (2) shall cease to have effect at the end of the period of 28 days beginning with the day of issue.

(6) In the application of this section or section 319 to Scotland, any reference to a justice of the peace is to be construed as a reference to the sheriff or a justice of the peace.

Records

319

(1) A constable, enforcement officer or authorised person exercising a power of entry under or by virtue of this Part may exercise a power under section 317(1)(c) to (e) in relation to records (whether written or electronic) only if the records relate entirely to the matters to which the power of entry relates.

(2) A justice of the peace may on the application of a constable, enforcement officer or authorised person issue a warrant disapplying subsection (1) to a specified extent if the justice of the peace is satisfied that the disapplication is necessary.

(3) A warrant may be granted under subsection (2) only if the justice of the peace is satisfied—

(a) that notice has been given to a person in control of the records of intent to apply for a warrant, or

(b) that the purpose of exercising the power of entry may be frustrated or seriously prejudiced by the giving of notice under paragraph (a).

(4) A warrant under subsection (2) shall cease to have effect at the end of the period of 28 days beginning with the day of issue.

Timing

320

A power under or by virtue of this Part may be exercised only at a reasonable time.

Evidence of authorisation

321

An enforcement officer or authorised person seeking to exercise a power under or by virtue of this Part must produce evidence of his identity and authority to a person (if there is one) who appears to the enforcement officer or authorised person to be occupying the relevant premises or to have responsibility for their management.

Information

322

(1) The Secretary of State shall make regulations requiring a person who exercises a power under or by virtue of this Part to provide information about the power and its exercise.

(2) Regulations under subsection (1) shall, in particular, make provision about—

(a) the information to be provided (which may include ancillary information about a provision of this Act or another enactment or about a rule of law);

(b) the form and manner in which the information is to be provided;

(c) the person to whom, or the place at which, the information is to be provided (which may, in particular, include provision for the supply of a copy if requested by a person within a specified class);

(d) timing.

(3) A constable, enforcement officer or authorised person exercising a power under or by virtue of this Part shall comply with any relevant provision of regulations under this section.

Use of force

323

(1) A constable may use reasonable force for the purpose of entering premises in pursuance of a power under or by virtue of this Part.

(2) An enforcement officer may use reasonable force for the purpose of entering premises in pursuance of a power under or by virtue of section 306 or 307.

(3) An authorised person may use reasonable force for the purpose of entering premises in pursuance of a power under section 307.

Person accompanying inspector, &c.

324

A constable, enforcement officer or authorised person exercising a power under or by virtue of this Part to enter premises may take one or more persons with him.

Securing premises after entry

325

A person who enters premises in reliance on a power under or by virtue of this Part shall take reasonable steps to ensure that when he leaves the premises they are as secure as they were before he entered.

Obstruction

326

(1) A person commits an offence if without reasonable excuse he obstructs, or fails to cooperate with, a constable, enforcement officer or authorised person who is exercising or seeking to exercise a power under or by virtue of this Part.

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

Part 16 — Advertising

Meaning of “advertising”

327

(1) For the purposes of this Act a person advertises gambling if—

(a) he does anything to encourage one or more persons to take advantage (whether directly or through an agent) of facilities for gambling,

(b) with a view to increasing the use of facilities for gambling, he brings them or information about them to the attention of one or more persons, or

(i) encourage one or more persons to take advantage (whether directly or through an agent) of facilities for gambling, or

(ii) increase the use of facilities for gambling by bringing them or information about them to the attention of one or more persons.

(2) For the purposes of subsection (1) a person shall be treated as bringing facilities for gambling to the attention of one or more persons with a view to increasing the use of the facilities if—

(a) he enters into arrangements (whether by way of sponsorship, brand-sharing or otherwise) under which a name is displayed in connection with an event or product, and

(b) either—

(i) the provision of facilities for gambling is the sole or main activity undertaken under that name, or

(ii) the manner or context in which the name is displayed is designed to draw attention to the fact that facilities for gambling are provided under that name.

Regulations

328

(1) The Secretary of State may make regulations controlling the advertising of gambling.

(2) The regulations may, in particular, make provision about—

(a) the form of advertisements;

(b) the content of advertisements;

(d) location.

(3) Regulations by virtue of subsection (2)(b) may, in particular, require specified words to be included in advertisements.

(4) In making regulations under this section the Secretary of State shall, in particular, have regard to the need to protect children and other vulnerable persons from being harmed or exploited by gambling.

(5) A person commits an offence if he contravenes a requirement of regulations under this section.

(6) Regulations under this section may provide defences (whether similar to those provided by section 330 or otherwise).

(7) A person guilty of an offence under subsection (5) 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

(8) Where a person commits an offence under this section by causing an advertisement to be displayed or made accessible, he shall be treated as committing the offence on each day during any part of which the advertisement is displayed or made accessible.

(9) Regulations under this section may, in particular, make provision generally or by reference to—

(a) specified classes of gambling,

(b) specified classes of advertisement, or

(10) In the application of subsection (7) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

Broadcasting

329

(1) Regulations under section 328 may not make provision about advertising by way of television or radio services to which section 319 of the Communications Act 2003 (c. 21) applies.

(2) The Office of Communications shall under that section set, review and revise standards in respect of advertisements for gambling.

(3) In complying with subsection (2) the Office of Communications—

(a) shall consult the Gambling Commission, and

(b) shall ensure that the standards reflect the provisions of regulations under section 328.

(4) Regulations under section 328 may not make provision about advertising by way of a service which—

(a) is provided by the British Broadcasting Corporation, and

(b) would be licensable under Part 1 or 3 of the Broadcasting Act 1990 (c. 42) or under Part 1 or 2 of the Broadcasting Act 1996 (c. 55) were it provided by a person subject to licensing under that Part.

Unlawful gambling

330

(1) A person commits an offence if he advertises unlawful gambling.

(2) For the purposes of this section advertised gambling is unlawful if—

(a) in order for the gambling to take place as advertised without the commission of an offence under this Act it would or might be necessary to rely on a licence, notice, permit or registration under this Act or an an exception to an offence under this Act, and

(b) at the time of advertising—

(i) arrangements for a licence, notice, permit or registration, sufficient to prevent the commission of an offence under this Act if the gambling takes place as advertised, have not been completed, and

(ii) the arrangements for the gambling as advertised are not such as to ensure that an exception to the offence will apply.

(3) Subsection (1) does not apply to anything done by way of promoting a lottery.

(4) It is a defence for a person charged with an offence under subsection (1) by reference to action of a kind described in section 327(1)(a) or (b) to show that he reasonably believed that the advertised gambling was lawful.

(5) Where a person acts in a way described in section 327(1)(c) he commits the offence under subsection (1) above only if he knows or should know that the advertised gambling is unlawful.

(6) A person does not commit an offence under subsection (1) by reason only of delivering, transmitting or broadcasting a communication or making data available if—

(a) he acts in the course of a business of delivering, transmitting or broadcasting communications (in whatever form or by whatever means) or making data available, and

(b) the nature of the business is such that persons undertaking it have no control over the nature or content of the communications or data.

(7) 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

(8) Where a person commits an offence under this section by causing an advertisement to be displayed or made accessible, he shall be treated as committing the offence on each day during any part of which the advertisement is displayed or made accessible.

(9) In the application of subsection (7) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

Foreign gambling

331

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

Territorial application: non-remote advertising

332

(1) Regulations under section 328 shall apply to anything in the way of advertising which is done—

(a) wholly or partly in Great Britain, and

(b) otherwise than by way of remote communication.

(2) The prohibition in section 330(1) applies to anything in the way of advertising which is done—

(a) wholly or partly in Great Britain, and

(b) otherwise than by way of remote communication.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of this section the following are immaterial—

(a) the nature of gambling to which advertising relates (whether remote or non-remote), and

(b) the location of the gambling to which advertising relates.

Territorial application: remote advertising

333

(1) Regulations under section 328 shall have effect in relation to advertising by way of remote communication only if—

(a) the advertising satisfies the test in subsection (4),

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