Gambling Bill

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Part 12 — Clubs, pubs, fairs, &c.
111

(a)
in Great Britain, or
(b)
by the provision of, or by means of, remote gambling equipment
situated in Great Britain.
(2)
For the purposes of subsection (1) it is immaterial whether the lottery is
promoted wholly or partly—
5
(a)
elsewhere in the United Kingdom, or
(b)
outside the United Kingdom.
Part 12
Clubs, pubs, fairs, &c.
Clubs
10
251
Members’ club
(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)),
15
(b)
which is established and conducted for the benefit of its members (and
which is not otherwise established or conducted as a commercial
enterprise),
(c)
which is not established with the purpose of functioning only for a
limited period of time, and
20
(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
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(b)
facilities are not provided for any other kind of gaming in the course of
the club’s activities.
252
Commercial club
(1)
In this Act commercial club means a club—
(a)
which is established and conducted wholly or mainly for purposes
30
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
(c)
which has at least 25 individual members.
35
(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
40
the club’s activities.

Gambling Bill
Part 12 — Clubs, pubs, fairs, &c.
112

253
Miners’ welfare institute
(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).
5
(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,
10
(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;
15

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
20
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
25
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.
254
Exempt gaming
30
(1)
Sections 30 and 34 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,
(c)
a club that would be a members’ club but for section 251(1)(a),
35
(d)
a club that would be a commercial club but for section 252(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—
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(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.

Gambling Bill
Part 12 — Clubs, pubs, fairs, &c.
113

(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.
5
(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
10
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).
255
Section 254: supplementary
(1)
In section 254(1) a reference to the provision of facilities by a club or institute
15
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)
In section 254(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
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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.
(3)
Regulations prescribing a maximum charge for the purposes of section 254(4)
25
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;
(c)
make different provision for different classes or descriptions of game;
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(d)
make different provision for different classes or descriptions of fee.
(4)
For the purposes of section 254(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
35
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.
(5)
For the purposes of section 254(6) a person shall not be treated as the guest of
40
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.

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Part 12 — Clubs, pubs, fairs, &c.
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256
Club gaming permit
(1)
Sections 30, 34 and 226 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—
5
(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
10
must be of Category B, C or D,
(b)
the provision of facilities for gaming which satisfies the conditions in
section 254 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
15
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),
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(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),
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(c)
that the public is excluded from any area of the club’s or institute’s
premises where gaming is taking place, and
(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)
A club gaming permit shall, by virtue of this subsection, be subject to the
30
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
35
(b)
is a guest of a member of the club or institute who would be entitled to
participate by virtue of paragraph (a).
(6)
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
40
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 23 about the location and operation of a gaming machine.
257
Section 256: supplementary
(1)
For the purposes of section 256(4)(b) the reference to a deduction or levy in
45
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—

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Part 12 — Clubs, pubs, fairs, &c.
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(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 256(4)(c) “the public” means persons other than—
(a)
members of the club or institute,
5
(b)
guests of members of the club or institute,
(c)
staff of the club or institute, and
(d)
persons providing services to or for the club or institute.
(3)
For the purposes of section 256(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
10
participate in the gaming.
(4)
For the purposes of section 256(5) 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
15
facilities for gaming.
258
Club machine permit
(1)
Sections 34 and 226 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
20
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.
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(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
30
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—
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(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 23 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
40
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.