Gambling Bill

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Gambling Bill

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Part 18 — Miscellaneous and General
141

321
False information
(1)
A person commits an offence if without reasonable excuse he gives to the
Commission or a licensing authority for a purpose connected with a provision
of this Act (whether or not in relation to an application under this Act)
information which is—
5
(a)
false, or
(b)
misleading.
(2)
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,
10
(b)
a fine not exceeding level 5 on the standard scale, or
(c)
both.
(3)
In the application of subsection (2) to Scotland the reference to 51 weeks shall
have effect as a reference to six months.
(4)
Where it appears to the Commission or a licensing authority that a decision
15
under this Act was taken by them in reliance upon false or misleading
information, they may do anything that they think expedient for the purpose
of cancelling, terminating or varying an effect of the decision (but action under
this subsection shall not make unlawful anything done before the action is
taken).
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322
Value of prize
(1)
Regulations prescribing a maximum value of prizes for a purpose of this Act
may include provision for determining the value of a prize.
(2)
Regulations by virtue of subsection (1) may, in particular—
(a)
apply (with or without modification) or make provision similar to a
25
provision of section 20 of the Betting and Gaming Duties Act 1981
(c. 63) (expenditure on bingo winnings);
(b)
confer a discretion on the Secretary of State, on the Gambling
Commission or on another person;
(c)
provide for an appeal;
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(d)
confer jurisdiction on a court or tribunal.
323
Participation fees
(1)
In this Act “participation fee” means an amount paid in respect of entitlement
to participate in gambling; and for that purpose—
(a)
it is immaterial—
35
(i)
how a fee is described,
(ii)
whether a fee is payable in money or in money’s worth,
(iii)
when and how a fee is payable,
(iv)
to whom a fee is payable,
(b)
a charge for admission to premises where gambling takes place shall be
40
treated as a participation fee,
(c)
a membership subscription is not a participation fee (subject to
subsection (2)), and
(d)
a stake is not a participation fee.

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(2)
The Secretary of State may by regulations provide for a membership
subscription to be treated as a participation fee in specified circumstances.
(3)
The Secretary of State may make regulations providing, in connection with the
operation of a provision of this Act in relation to a participation fee, for the
apportionment of an amount which is payable partly in respect of entitlement
5
to participate in gambling and partly in respect of another matter; and that
provision may, in particular—
(a)
provide for apportionment by a specified person;
(b)
provide for apportionment in accordance with a specified formula or
principle;
10
(c)
refer to the concept of reasonableness.
324
Forfeiture
(1)
A court by or before which a person is convicted of an offence under this Act
may make an order for the forfeiture of an article that appears to the court to
relate to the offence.
15
(2)
A forfeiture order—
(a)
may include such provision about the treatment of the article forfeited
as the court thinks appropriate, and
(b)
subject to any provision made under paragraph (a), shall be treated as
requiring any person in possession of the article to surrender it to a
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constable as soon as is reasonably practicable.
(3)
Where—
(a)
a court proposes to make a forfeiture order in respect of an article, and
(b)
a person notifies the court that he has an interest in the article,

the court may not make the order without first giving the person an
25
opportunity to make representations.
(4)
The court which made a forfeiture order may order that the forfeited article be
given up to a person who claims to have an interest in it.
(5)
A person commits an offence if he fails to—
(a)
comply with a forfeiture order, or
30
(b)
co-operate with a step taken for the purpose of giving effect to a
forfeiture order.
(6)
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,
35
(b)
a fine not exceeding level 5 on the standard scale, or
(c)
both.
(7)
In the application of subsection (6) to Scotland the reference to 51 weeks shall
have effect as a reference to six months.
325
Prosecution by licensing authority
40
(1)
A licensing authority may institute criminal proceedings in respect of an
offence under any of the following provisions of this Act—
(a)
section 34,
(b)
section 171,

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(c)
section 172,
(d)
section 214,
(e)
section 226,
(f)
section 242,
(g)
section 243,
5
(h)
section 244,
(i)
section 245,
(j)
section 246,
(k)
section 305,
(l)
section 321,
10
(m)
paragraph 20 of Schedule 8, and
(n)
paragraph 14 of Schedule 10.
(2)
This section is without prejudice to section 222 of the Local Government Act
1972 (c. 70) (power of local authorities to prosecute or defend legal
proceedings).
15
(3)
This section shall not apply to an authority in Scotland.
326
Excluded premises
(1)
This Act shall have no effect in relation to anything done on, or in relation to
any use of, premises of a kind specified for the purposes of this subsection by
order of the Secretary of State.
20
(2)
This Act shall have no effect in relation to anything done on, or in relation to
any use of, premises certified for the purposes of this subsection, on grounds
relating to national security, by the Secretary of State or the Attorney General.
327
Three-year licensing policy
(1)
A licensing authority shall before each successive period of three years—
25
(a)
prepare a statement of the principles that they propose to apply in
exercising their functions under this Act during that period, and
(b)
publish the statement.
(2)
A licensing authority shall—
(a)
review their statement under this section from time to time,
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(b)
if they think it necessary in the light of a review, revise the statement,
and
(c)
publish any revision before giving it effect.
(3)
In preparing a statement or revision under this section a licensing authority
shall consult—
35
(a)
either—
(i)
in England and Wales, the chief officer of police for the
authority’s area, or
(ii)
in Scotland, the chief constable of the police force maintained
for the police area comprising that area,
40
(b)
the fire authority for the authority’s area,
(c)
one or more persons who appear to the authority to represent the
interests of persons carrying on gambling businesses in the authority’s
area, and

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(d)
one or more persons who appear to the authority to represent the
interests of persons who are likely to be affected by the exercise of the
authority’s functions under this Act.
(4)
The Secretary of State may make regulations about—
(a)
the form of statements under this section;
5
(b)
the procedure to be followed in relation to the preparation, review or
revision of statements under this section;
(c)
the publication of statements under this section.
(5)
In relation to statements prepared under this section by licensing authorities in
Scotland, subsection (4) shall have effect as if the reference to the Secretary of
10
State were a reference to the Scottish Ministers.
(6)
The Secretary of State shall by order appoint a day as the first day of the first
period of three years for the purpose of this section.
328
Exchange of information
(1)
A person or body listed in Part 1 of Schedule 5 may provide information to any
15
other person or body so listed for use in the exercise of a function under this
Act.
(2)
A person or body listed in Part 1 of Schedule 5, or the Commission, may
provide information obtained in the course of the exercise of a function under
this Act to Her Majesty’s Commissioners of Customs and Excise for use in the
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exercise of any function.
(3)
Provision of information in reliance on this section may be subject to conditions
(whether as to use, storage, disposal or otherwise).
329
Power to amend Schedule 5
(1)
The Secretary of State may by order amend Schedule 5 so as to—
25
(a)
add an entry to a list (in either Part);
(b)
remove an entry from a list (in either Part);
(c)
move an entry from one list to another;
(d)
add, remove or vary a Note.
(2)
In particular, a Note relating to an entry for a person or body situated outside
30
the United Kingdom may provide that the entry has effect only in relation to
the law of a Part of the United Kingdom.
General
330
Interpretation
(1)
In this Act, except where the context otherwise requires—
35
“adult” means an individual who is not a child or young person,
“adult gaming centre” has the meaning given by section 221,
“alcohol licence” has the meaning given by section 262,
“authorised local authority officer” has the meaning given by section 286,
“authorised person” has the meaning given by that section,
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“betting” has the meaning given by sections 9 to 11, 34 and 142,

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“betting intermediary” has the meaning given by section 13,
“bingo” means any version of that game, irrespective of by what name it
is described,
“casino” has the meaning given by section 7,
“casino game” has the meaning given by that section,
5
“Category A gaming machine” (or B, C or D) means a gaming machine
falling within Category A (or B, C or D) as prescribed under section 220,
“chief constables of police forces” has the same meaning in relation to
England and Wales as in the Police Act 1996 (c. 16),
“child” has the meaning given by section 42,
10
“club gaming permit” has the meaning given by section 256,
“club machine permit” has the meaning given by section 258,
“commercial club” has the meaning given by section 252,
“the Commission” means the Gambling Commission,
“director”—
15
(a)
has the meaning given by section 741 of the Companies Act 1985
(c. 6), and
(b)
includes a shadow director within the meaning of that section,
“dog track” means premises which are designed, used or adapted for use
for dog-racing,
20
“draw”, in relation to a lottery, has the meaning given by section 239,
“EEA State” means a State which is a contracting party to the Agreement
on the European Economic Area signed at Oporto on 2nd May 1992 (as
it has effect from time to time),
“enforcement officer” means a person designated or appointed as an
25
enforcement officer under section 285,
“equal chance gaming” has the meaning given by section 8,
“exempt lottery” has the meaning given by section 242,
“external lottery manager” has the meaning given by section 241,
“fair” has the meaning given by section 269,
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“family entertainment centre” has the meaning given by section 222,
“family entertainment centre gaming machine permit” has the meaning
given by section 231,
“football pools” means an arrangement whereby—
(a)
people compete for prizes by forecasting the results of
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association football games, and
(b)
each entry to the competition must forecast the results of at least
four games,
“gambling” has the meaning given by section 3,
“gambling software” has the meaning given by section 38,
40
“game of chance” has the meaning given by section 6,
“gaming” has the meaning given by that section,
“gaming machine” has the meaning given by section 219,
“horse-race course” means premises which are designed, used or adapted
for use for horse-racing,
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“horse-race pool betting” has the meaning given by section 12,
“large casino” has the meaning given by regulations under section 7(5),
“licensed family entertainment centre” has the meaning given by section
222,

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“the licensing objectives” has the meaning given by section 1,
“licensing authority” has the meaning given by section 2,
“lottery” has the meaning given by section 14 (and 240),
“lottery manager’s operating licence” has the meaning given by section
91,
5
“lottery ticket” has the meaning given by section 237,
“machine” has the meaning given by section 219(4)(a),
“members’ club” has the meaning given by section 251,
“miners’ welfare institute” has the meaning given by section 253,
“the National Lottery” has the meaning given by section 1 of the National
10
Lottery etc. Act 1993 (c. 39)),
“non-commercial society” has the meaning given by section 18,
“non-commercial gaming” has the meaning given by section 280,
“occasional use notice” means a notice given under section 36,
“operating licence” means a licence issued under Part 5,
15
“on-premises alcohol licence” has the meaning given by section 262,
“participant”, in relation to a game of chance, includes a person who
discharges an administrative or other function in relation to the game,
“participation fee” has the meaning given by section 323,
“passenger vessel” means a vessel which is carrying or expected to carry
20
at least one passenger,
“personal licence” means a licence issued under Part 6,
“pool betting” has the meaning given by section 12,
“premises” includes any place and, in particular—
(a)
a vessel, and
25
(b)
a vehicle,
“premises licence” means a licence issued under Part 8,
“private betting” has the meaning given by section 278 and Part 2 of
Schedule 12,
“private gaming” has the meaning given by section 278 and Part 1 of
30
Schedule 12,
“private gain” is to be construed in accordance with section 18(3),
“prize” in relation to gaming (except in the context of a gaming machine)
has the meaning given by section 6,
“prize” in relation to a gaming machine has the meaning given by section
35
223,
“prize” in relation to a lottery has the meaning given by section 14,
“prize gaming” has the meaning given by section 271,
“prize gaming permit” has the meaning given by section 272,
“proceeds”, in relation to a lottery, has the meaning given by section 238,
40
“profits”, in relation to a lottery, has the meaning given by that section,
“profits”, in relation to non-commercial prize gaming, has the meaning
given by section 282,
“racecourse” means premises on any part of which a race takes place or is
intended to take place,
45
“real”, in relation to a game, event or process means non-virtual,
“relevant offence” has the meaning given by section 119 and Schedule 6,
“remote communication” has the meaning given by section 4,
“remote gambling” has the meaning given by that section,

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“remote gambling equipment” has the meaning given by section 33,
“remote operating licence” has the meaning given by section 63,
“rollover”, in relation to a lottery, has the meaning given by section 240,
“small casino” has the meaning given by regulations under section 7(5),
“society” includes a branch or section of a society,
5
“stake” means an amount paid or risked in connection with gambling and
which either—
(a)
is used in calculating the amount of the winnings or the value of
the prize that the person making the stake receives if successful,
or
10
(b)
is used in calculating the total amount of winnings or value of
prizes in respect of the gambling in which the person making
the stake participates,
“supply” includes—
(a)
sale,
15
(b)
lease, and
(c)
placing on premises with permission or in accordance with a
contract or other arrangement,
“temporary use notice” has the meaning given by section 200,
“track” means a horse-race course, dog track or other premises on any part
20
of which a race or other sporting event takes place or is intended to take
place,
“travelling fair” has the meaning given by section 269,
“vehicle” includes—
(a)
a train, and
25
(b)
an aircraft,
“vessel” includes—
(a)
anything designed or adapted for navigation or other use in, on
or over water, and
(b)
anything, or any part of any place, situated in or on water,
30
“virtual” has the meaning given by subsection (3) below,
“winnings”, in relation to a bet, means anything won, whether in money
or in money’s worth, and
“young person” has the meaning given by section 42.
(2)
In this Act, except where the context otherwise requires—
35
(a)
a reference to accepting a bet includes a reference to negotiating a bet,
(b)
a reference to advertising is to be construed in accordance with section
306,
(c)
a reference to entering a lottery is to be construed in accordance with
section 14,
40
(d)
a reference to installing computer software includes a reference to
downloading computer software,
(e)
a reference to paying winnings in relation to a bet includes a reference
to providing a prize in money’s worth,
(f)
a reference to postal services does not include a reference to facsimile
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transmission,
(g)
a reference to premises includes a reference to part of premises,
(h)
a reference to promoting a lottery is to be construed in accordance with
section 236,