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Session 2002 - 03
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Other Bills before Parliament

Gambling Bill


Gambling Bill
Part 4 — Protection of children and young persons

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41      

Provision of unlawful facilities abroad

(1)   

A person commits an offence if he does anything in Great Britain, or uses

remote gambling equipment situated in Great Britain, for the purpose of

inviting or enabling a person in a prohibited territory to participate in remote

gambling.

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(2)   

In subsection (1) “prohibited territory” means a country or place designated for

the purpose of this section by order made by the Secretary of State.

(3)   

An order under subsection (2) shall prescribe the mode of trial and maximum

penalty for an offence under subsection (1).

Part 4

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Protection of children and young persons

Interpretation

42      

Meaning of “child” and “young person”

(1)   

In this Act “child” means an individual who is less than 16 years old.

(2)   

In this Act “young person” means an individual who is not a child but who is

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less than 18 years old.

Principal offences

43      

Invitation to gamble

(1)   

A person commits an offence if he invites, causes or permits a child or young

person to gamble.

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(2)   

But subsection (1) does not apply in relation to—

(a)   

participation in private and non-commercial gaming,

(b)   

participation in private and non-commercial betting,

(c)   

participation in a lottery,

(d)   

participation in football pools,

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(e)   

the use of a Category D gaming machine,

(f)   

participation in equal chance gaming in accordance with a prize

gaming permit,

(g)   

participation in equal chance gaming at a licensed family entertainment

centre,

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(h)   

participation in prize gaming at a non-licensed family entertainment

centre, or

(i)   

participation in prize gaming at a travelling fair in accordance with

section 275.

(3)   

In subsection (1) a reference to inviting a child or young person to gamble

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includes, in particular, a reference to intentionally—

(a)   

sending to a child or young person any document which advertises

gambling, or

 
 

Gambling Bill
Part 4 — Protection of children and young persons

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(b)   

bringing to the attention of a child or young person information about

gambling with a view to encouraging the child or young person to

gamble.

(4)   

If a document which is sent to a child or young person and which advertises

gambling gives the name or contact details of a person to whom payment may

5

be made or from whom information may be obtained, that person shall be

treated as having committed the offence under subsection (1) unless he proves

that the document was sent—

(a)   

without his consent, and

(b)   

without his authority.

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(5)   

If information about gambling is brought to the attention of a child or young

person and includes the name or contact details of a person to whom payment

may be made or from whom information may be obtained, that person (“the

advertiser”) shall be treated as having committed the offence under subsection

(1) unless he proves that the information was brought to the attention of the

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child or young person—

(a)   

without the advertiser’s consent or authority, or

(b)   

as an incident of the information being brought to the attention of

adults and without a view to encouraging the child or young person to

gamble.

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(6)   

In subsections (4) and (5) “contact details” means—

(a)   

an address or other location,

(b)   

a telephone number,

(c)   

an internet site, or

(d)   

an email address.

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44      

Invitation to enter premises

(1)   

A person commits an offence if he invites or permits a child or young person

to enter premises if—

(a)   

a casino premises licence has effect in respect of the premises, and

(b)   

the premises are being used in reliance on that licence when the child

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or young person is invited or permitted to enter.

(2)   

But subsection (1) does not apply where—

(a)   

a child or young person is permitted to enter a part of premises which

are being used for a regional casino, and

(b)   

that part is not being used in reliance on the casino premises licence

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when the child or young person is invited or permitted to enter.

(3)   

The Secretary of State may for the purposes of subsection (2) by regulations

make provision for—

(a)   

distinguishing between one part of premises and another;

(b)   

determining when use is being made of a part of premises.

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(4)   

A person commits an offence if he invites or permits a child or young person

to enter premises other than a track if—

(a)   

a betting premises licence has effect in respect of the premises, and

(b)   

the premises are being used in reliance on that licence when the child

or young person is invited or permitted to enter.

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Gambling Bill
Part 4 — Protection of children and young persons

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(5)   

A person commits an offence if he invites or permits a child or young person

to enter premises if—

(a)   

an adult gaming centre premises licence has effect in respect of the

premises, and

(b)   

the premises are being used in reliance on that licence when the child

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or young person is invited or permitted to enter.

(6)   

A person commits an offence if he invites or permits a child or young person

to enter an area from which children and young persons are required to be

excluded by virtue of section 169.

(7)   

A person commits an offence if he invites or permits a child or young person

10

to enter part of premises if—

(a)   

the premises are a licensed family entertainment centre,

(b)   

a person entering that part of the premises has access to a Category C

gaming machine, and

(c)   

at the time when the child or young person is permitted or invited to

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enter, a Category C gaming machine is being used or is available for

use.

45      

Gambling

(1)   

A young person commits an offence if he gambles.

(2)   

But subsection (1) does not apply to—

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(a)   

participation in private and non-commercial gaming,

(b)   

participation in private and non-commercial betting,

(c)   

participation in a lottery,

(d)   

participation in football pools,

(e)   

the use of a Category D gaming machine,

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(f)   

participation in equal chance gaming in accordance with a prize

gaming permit,

(g)   

participation in equal chance gaming at a licensed family entertainment

centre,

(h)   

participation in prize gaming at a non-licensed family entertainment

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centre, or

(i)   

participation in prize gaming at a travelling fair in accordance with

section 275.

46      

Entering premises

A young person commits an offence if he enters premises in circumstances

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where a person would commit an offence under section 44 if he invited or

permitted the young person to enter.

47      

Provision of facilities for gambling

(1)   

A young person commits an offence if he provides facilities for gambling.

(2)   

But subsection (1) does not apply to the provision of facilities in connection

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with—

(a)   

private and non-commercial gaming,

(b)   

private and non-commercial betting,

 
 

Gambling Bill
Part 4 — Protection of children and young persons

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(c)   

a lottery,

(d)   

football pools, or

(e)   

prize gaming at a travelling fair in accordance with section 275.

Employment offences

48      

Employment to provide facilities for gambling

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(1)   

A person commits an offence if he employs a child or young person to provide

facilities for gambling.

(2)   

But subsection (1) does not apply to the provision of facilities in connection

with—

(a)   

private and non-commercial gaming,

10

(b)   

private and non-commercial betting,

(c)   

a lottery,

(d)   

football pools, or

(e)   

prize gaming at a travelling fair in accordance with section 275.

49      

Employment for lottery or football pools

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A person commits an offence if he employs a child to provide facilities for

gambling in connection with—

(a)   

a lottery, or

(b)   

football pools.

50      

Employment on bingo and club premises

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A person commits an offence if he employs a child to perform any function on

premises where, and at a time when—

(a)   

facilities are provided for the playing of bingo, or

(b)   

facilities for gambling are provided in accordance with a club gaming

permit or a club machine permit.

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51      

Employment on premises with gaming machines

(1)   

A person commits an offence if—

(a)   

he employs a child or young person to perform any function on

premises where a Category A, B, C or D gaming machine is situated,

and

30

(b)   

the child or young person is or may be required in the course of his

employment to perform a function in connection with the gaming

machine.

(2)   

A young person commits an offence if he is employed in contravention of

subsection (1).

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52      

Employment in casino, &c.

(1)   

A person commits an offence if he employs a child or young person to perform

any function on premises in respect of which any of the following have effect—

(a)   

a casino premises licence,

 
 

Gambling Bill
Part 4 — Protection of children and young persons

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(b)   

a betting premises licence, and

(c)   

an adult gaming centre premises licence.

(2)   

But subsection (1) does not apply—

(a)   

to employment at a time when no activity is being carried on in reliance

on the premises licence, or

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(b)   

to employment on a part of premises which are being used for a

regional casino at a time when that part is not being used in reliance on

the casino premises licence.

(3)   

The Secretary of State may for the purposes of subsection (2) by regulations

make provision for—

10

(a)   

distinguishing between one part of premises and another;

(b)   

determining when use is being made of a part of premises.

(4)   

A young person commits an offence if he is employed in contravention of

subsection (1).

Miscellaneous offences

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53      

Invitation to participate in lottery

(1)   

A person commits an offence if he invites, causes or permits a child to

participate in a lottery other than—

(a)   

an incidental non-commercial lottery that is exempt for the purposes of

section 242 by virtue of Part 1 of Schedule 9, or

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(b)   

a private lottery (whether a private society lottery, a work lottery or a

residents’ lottery) that is exempt for the purposes of section 242 by

virtue of Part 2 of Schedule 9.

(2)   

Subsections (3) to (6) of section 43 shall have effect in relation to subsection (1)

of this section as they have effect in relation to subsection (1) of that section;

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and for that purpose—

(a)   

references to a child or young person shall be treated as references only

to a child, and

(b)   

references to gambling shall be treated as references to participation in

a lottery.

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54      

Invitation to participate in football pools

(1)   

A person commits an offence if he invites, causes or permits a child to

participate in football pools.

(2)   

Subsections (3) to (6) of section 43 shall have effect in relation to subsection (1)

of this section as they have effect in relation to subsection (1) of that section;

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and for that purpose—

(a)   

references to a child or young person shall be treated as references only

to a child, and

(b)   

references to gambling shall be treated as references to participation in

football pools.

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Revised 19 October 2004