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Gambling Bill


Gambling Bill
Part 15 — Inspection

130

 

Powers and procedure

297     

Powers

(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

5

premises;

(b)   

question any person on the premises;

(c)   

require access to any written or electronic record which is kept on the

premises;

(d)   

require to be supplied with a copy, in such form as he directs, of an

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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

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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 —

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(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;

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(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 respect of anything of a

kind specified in section 9(2) of the Police and Criminal Evidence Act 1984

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(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 24 may refer to a provision of a code).

298     

Dwellings

35

(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

40

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

 
 

Gambling Bill
Part 15 — Inspection

131

 

(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,

5

(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.

10

(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

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(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.

299     

Records

20

(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

297(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

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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

30

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.

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300     

Timing

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

time.

301     

Evidence of authorisation

An enforcement officer or authorised person seeking to exercise a power under

40

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

 
 

Gambling Bill
Part 15 — Inspection

132

 

person to be occupying the relevant premises or to have responsibility for their

management.

302     

Information

(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

5

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);

10

(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.

15

(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.

303     

Use of force

(1)   

A constable may use reasonable force for the purpose of entering premises in

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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 287 or 288.

(3)   

An authorised person may use reasonable force for the purpose of entering

premises in pursuance of a power under section 288.

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304     

Securing premises after entry

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.

305     

Obstruction

30

(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.

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Gambling Bill
Part 16 — Advertising

133

 

Part 16

Advertising

306     

Meaning of “advertising”

(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

5

(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

(c)   

he participates in or facilitates an activity knowing or believing that it

10

is designed to—

(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.

15

(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

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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

25

designed to draw attention to the fact that facilities for gambling

are provided under that name.

307     

Regulations

(1)   

The Secretary of State may make regulations controlling the advertising of

gambling.

30

(2)   

The regulations may, in particular, make provision about—

(a)   

the form of advertisements;

(b)   

the content of advertisements;

(c)   

timing;

(d)   

location.

35

(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.

40

(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 309 or otherwise).

 
 

Gambling Bill
Part 16 — Advertising

134

 

(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

(c)   

both.

5

(8)   

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

(c)   

activity undertaken in or in connection with specified places.

10

308     

Broadcasting

(1)   

Regulations under section 307 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

15

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 307.

20

(4)   

Regulations under section 307 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

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provided by a person subject to licensing under that Part.

309     

Unlawful gambling

(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

30

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,

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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.

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(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 306(1)(a) or (b) to show that

he reasonably believed that the advertised gambling was lawful.

 
 

Gambling Bill
Part 16 — Advertising

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(5)   

Where a person acts in a way described in section 306(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

5

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

10

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

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(c)   

both.

(8)   

In the application of subsection (7) to Scotland the reference to 51 weeks shall

have effect as a reference to six months.

310     

Foreign gambling

(1)   

A person commits an offence if he advertises foreign gambling.

20

(2)   

In this section “foreign gambling” means—

(a)   

non-remote gambling which is to take place in a non-EEA State, and

(b)   

remote gambling none of the arrangements for which are subject to the

law about gambling of an EEA State (whether by being regulated,

exempted, prohibited or otherwise).

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(3)   

The Secretary of State may by regulations provide that a specified country is to

be treated for the purposes of subsection (2) as if it were an EEA State.

(4)   

A person guilty of an offence under subsection (1) shall be liable on summary

conviction to—

(a)   

imprisonment for a term not exceeding 51 weeks,

30

(b)   

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

(c)   

both.

311     

Territorial application: non-remote advertising

(1)   

Regulations under section 307 shall apply to anything in the way of advertising

which is done—

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(a)   

in Great Britain, and

(b)   

otherwise than by way of remote communication.

(2)   

The prohibitions in sections 309(1) and 310(1) apply to anything in the way of

advertising which is done—

(a)   

in Great Britain, and

40

(b)   

otherwise than by way of remote communication.

(3)   

For the purposes of this section the following are immaterial—

 
 

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Part 16 — Advertising

136

 

(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.

312     

Territorial application: remote advertising

(1)   

Regulations under section 307 shall have effect in relation to advertising by

5

way of remote communication only if—

(a)   

the advertising satisfies the test in subsection (4),

(b)   

the advertising satisfies the additional test in subsection (5) or (6), if

relevant, and

(c)   

the gambling to which the advertising relates satisfies the test in

10

subsection (9).

(2)   

The prohibition in section 309(1) applies to advertising by way of remote

communication only if—

(a)   

the advertising satisfies the test in subsection (4),

(b)   

the advertising satisfies the additional test in subsection (5) or (6), if

15

relevant, and

(c)   

the gambling to which the advertising relates satisfies the test in

subsection (9).

(3)   

The prohibition in section 310(1) applies to advertising by way of remote

communication only if the advertising satisfies the test in subsection (4).

20

(4)   

The test referred to in subsections (1)(a), (2)(a) and (3) is that the advertising

involves—

(a)   

providing information, by whatever means (and whether or not using

remote communication), intended to come to the attention of one or

more persons in Great Britain,

25

(b)   

sending a communication intended to come to the attention of one or

more persons in Great Britain,

(c)   

making data available with a view to its being accessed by one or more

persons in Great Britain, or

(d)   

making data available in circumstances such that it is likely to be

30

accessed by one or more persons in Great Britain.

(5)   

In the case of a broadcast by television, the additional test is that the

broadcaster—

(a)   

is under the jurisdiction of the United Kingdom for the purposes of

Directive 89/552/EEC on the coordination of provisions concerning

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television broadcasting, or

(b)   

is not under the jurisdiction of an EEA State for the purposes of that

Directive.

(6)   

In the case of the dissemination of information by way of an information

society service within the meaning of Directive 2000/31/EC on electronic

40

commerce, the additional test is that the service provider—

(a)   

is established in the United Kingdom for the purposes of that Directive,

(b)   

is established in a non-EEA State for the purposes of that Directive, or

(c)   

has been notified that the conditions for derogation specified in Article

3(4) of that Directive are satisfied in relation to the application to the

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service provider of regulations under section 307 and of section 309.

 
 

 
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