|
| |
|
| |
(1) | A condition attached to an operating licence by virtue of section 71, 73 or 74 |
| |
may make provision about equipment used in connection with the licensed |
| |
| |
(2) | In particular, a condition attached by virtue of this section may— |
| 5 |
(a) | make provision about the number of pieces of equipment that may be |
| |
used to provide facilities for gambling; |
| |
(b) | make provision about the specification of equipment used to provide |
| |
| |
(3) | For the purposes of this section “equipment” includes— |
| 10 |
| |
(b) | a device for the playing of a casino game, and |
| |
(c) | any other piece of equipment. |
| |
(4) | But a gaming machine is not equipment for the purposes of this section. |
| |
| 15 |
An operating licence may not include a condition (whether attached by virtue |
| |
| |
(a) | about the number or categories of gaming machine that may be made |
| |
available for use in accordance with the licence, |
| |
(b) | that contradicts a provision of regulations under section 220, 224 or 225, |
| 20 |
| |
(c) | of a kind prohibited by regulations under any of those sections. |
| |
| |
An operating licence may not be subject to a condition (whether by virtue of |
| |
| 25 |
(a) | requiring facilities to be provided by, or used in the course of the |
| |
activities of, a club or other body with membership, or |
| |
(b) | restricting the provision or use of facilities wholly or partly by reference |
| |
to membership of a club or other body. |
| |
Rules for particular kinds of licence |
| 30 |
84 | Remote operating licence |
| |
(1) | This section applies to a remote operating licence. |
| |
(2) | A remote licence shall, by virtue of this subsection, be subject to the condition |
| |
that remote gambling equipment used by the licensee in connection with the |
| |
licensed activities must be situated in Great Britain. |
| 35 |
(3) | The Commission may establish, or provide for the establishment of, standards |
| |
| |
(a) | a system used for the generation of results in a virtual game, virtual |
| |
race or other virtual event or process used in the course of remote |
| |
| 40 |
(b) | any other aspect of the process of remote gambling. |
| |
|
| |
|
| |
|
(4) | In particular, the Commission may— |
| |
(a) | provide for the enforcement of standards by the attachment of |
| |
conditions under section 71 or 73; |
| |
(b) | make arrangements with any person for the establishment of |
| |
| 5 |
(c) | make arrangements with any person for the administration of tests of |
| |
compliance with standards; |
| |
(d) | for the purpose of considering whether a condition under section |
| |
section 71 or 73 has been complied with, require the licensee under a |
| |
| 10 |
(i) | to submit to a test in accordance with arrangements made under |
| |
| |
(ii) | to produce specified evidence of the result of the test; |
| |
(e) | for the purpose of considering whether to grant an application under |
| |
this Part, require a licensee under a remote licence or an applicant for a |
| 15 |
| |
(i) | to submit to a test in accordance with arrangements made under |
| |
| |
(ii) | to produce specified evidence of the result of the test. |
| |
(5) | Standards established under subsection (4) may, in particular, be expressed— |
| 20 |
(a) | by reference to the opinion of a specified person or class of persons; |
| |
(b) | by reference to a specified process or piece of equipment. |
| |
(6) | This section is without prejudice to the generality of sections 71, 73 and 74. |
| |
85 | Casino operating licence |
| |
(1) | A casino operating licence may authorise a person to operate a casino in more |
| 25 |
| |
(2) | A casino operating licence may be subject to a condition (whether imposed by |
| |
virtue of section 71, 73 or 74) restricting the class of casino game that may be |
| |
| |
(3) | A casino operating licence may be subject to a condition imposed by virtue of |
| 30 |
section 71 or 73 specifying rules for the playing of— |
| |
| |
(b) | another game of chance. |
| |
86 | Bingo operating licence |
| |
(1) | Regulations under section 74 may provide for the attachment to a bingo |
| 35 |
operating licence of a condition— |
| |
(a) | limiting amounts that may be staked; |
| |
(b) | limiting the amount that may be charged by way of participation fee; |
| |
(c) | limiting the amount or value of a prize or class of prize; |
| |
(d) | requiring that at least a specified proportion of stakes be paid out by |
| 40 |
| |
(e) | imposing requirements that are specific to games of bingo played on |
| |
more than one set of premises (whether facilities for the game are |
| |
provided in accordance with one bingo operating licence or more than |
| |
| 45 |
|
| |
|
| |
|
(2) | But subject to subsection (1) a bingo operating licence may not be subject to a |
| |
| |
(a) | limiting the amount that may be accepted or charged by way of stakes, |
| |
(b) | limiting the amount that may be charged by way of participation fee, |
| |
(c) | restricting the nature of prizes, |
| 5 |
(d) | controlling the proportion of stakes paid out by way of prizes, |
| |
(e) | preventing the provision of prizes funded other than out of stakes, |
| |
(f) | requiring a game of bingo to be played entirely on one set of premises, |
| |
| |
(g) | imposing requirements that are specific to games of bingo played on |
| 10 |
more than one set of premises (whether facilities for the game are |
| |
provided in accordance with one bingo operating licence or more than |
| |
| |
(3) | Regulations by virtue of subsection (1)(b) may, in particular, make different |
| |
provision for different kinds of fee. |
| 15 |
(4) | Provision made by virtue of subsection (1)(c) may define a class of prize— |
| |
(a) | by reference to a game or a number of games, |
| |
(b) | by reference to a period of time, or |
| |
| |
87 | General betting operating licence |
| 20 |
(1) | A general betting operating licence shall, by virtue of this section, be subject to |
| |
the condition that bets may be accepted on behalf of the licensee only by— |
| |
| |
(b) | a person employed by the licensee under a written contract of |
| |
| 25 |
(c) | the holder of another general betting operating licence. |
| |
(2) | A general betting operating licence may not be subject to a condition (whether |
| |
imposed by virtue of section 71, 73 or 74)— |
| |
(a) | requiring that facilities be provided at a specified place or class of place, |
| |
| 30 |
(b) | preventing the provision of facilities at a specified place or class of |
| |
| |
(3) | A general betting operating licence shall, by virtue of this subsection, contain |
| |
an implied term permitting the use of postal services for the making of bets. |
| |
(4) | The effect of the term implied by subsection (3) may not be disapplied or |
| 35 |
restricted by a condition attached under section 71, 73 or 74. |
| |
88 | Pool betting operating licence |
| |
(1) | A pool betting operating licence shall, by virtue of this section, be subject to the |
| |
condition that bets may be accepted on behalf of the licensee only— |
| |
| 40 |
(b) | by a person employed by the licensee under a written contract of |
| |
| |
(c) | by the holder of another pool betting operating licence, or |
| |
(d) | in accordance with subsection (2) or (3). |
| |
|
| |
|
| |
|
(2) | A bet is accepted by a person (“the agent”) on behalf of a licensee in accordance |
| |
| |
(a) | the agent is authorised by the licensee in writing to accept bets on |
| |
| |
(b) | the agent is an adult, |
| 5 |
(c) | at the time of accepting the bet the agent is on a track, |
| |
(d) | the bet is accepted in reliance on an occasional use notice, and |
| |
(e) | the bet is in connection with a horse-race or a dog race. |
| |
(3) | The holder of a pool betting operating licence that authorises (whether |
| |
expressly or impliedly) the provision of facilities for football pools may in |
| 10 |
writing authorise an adult or young person— |
| |
(a) | to make documents or other facilities available in connection with the |
| |
| |
(b) | to receive entries on behalf of the licensee; |
| |
(c) | to receive payments on behalf of the licensee; |
| 15 |
(d) | to make payments of winnings on behalf of the licensee. |
| |
(4) | An authorisation under subsection (3)— |
| |
(a) | shall be treated for the purposes of section 30 as if it were a pool betting |
| |
| |
(b) | shall have no effect in relation to any activity, entry or payment that |
| 20 |
relates partly to a football pool and partly to another form of gambling. |
| |
(5) | An authorisation under subsection (3) may be issued on terms and conditions |
| |
which may, in particular, include— |
| |
(a) | provision for payment by the person issuing the authorisation; |
| |
(b) | provision for commission. |
| 25 |
(6) | A condition of a pool betting operating licence (whether attached by virtue of |
| |
section 71, 73 or 74) may make provision regulating or restricting the activities |
| |
of persons authorised under subsection (3). |
| |
(7) | A pool betting operating licence shall, by virtue of this subsection, contain an |
| |
implied term permitting the use of postal services for the making of bets. |
| 30 |
(8) | The effect of the term implied by subsection (7) may not be disapplied or |
| |
restricted by a condition attached under section 71, 73 or 74. |
| |
(9) | The Secretary of State may by order— |
| |
(a) | amend or repeal subsection (2)(e); |
| |
(b) | amend subsection (3) so as to permit authorisation in relation to betting |
| 35 |
of a specified kind that relates to a sport but is not a football pool. |
| |
89 | Horse-race pool betting operating licence |
| |
(1) | This section applies to a pool betting operating licence which provides for this |
| |
| |
(2) | The holder of a licence to which this section applies may in writing authorise a |
| 40 |
person to provide facilities for horse-race pool betting. |
| |
(3) | An authorisation under subsection (2) shall be treated for the purposes of |
| |
section 30 as if it were a pool betting operating licence authorising the |
| |
provision of facilities for horse-race pool betting. |
| |
|
| |
|
| |
|
(4) | An authorisation under subsection (2) may be issued on terms and conditions |
| |
which may, in particular, include— |
| |
(a) | provision for payment to or by the person issuing the authorisation; |
| |
(b) | provision for agency or commission. |
| |
(5) | A pool betting operating licence to which this section applies shall, by virtue of |
| 5 |
this subsection, contain an implied term permitting the use of postal services |
| |
| |
(6) | The effect of the term implied by subsection (5) may not be disapplied or |
| |
restricted by a condition attached under section 71, 73 or 74. |
| |
(7) | The Secretary of State may by order repeal this section. |
| 10 |
90 | Gaming machine technical operating licence |
| |
(1) | The Commission may establish, or provide for the establishment of, standards |
| |
in respect of the manufacture, supply, installation, adaptation, maintenance or |
| |
repair of gaming machines. |
| |
(2) | Standards under subsection (1)— |
| 15 |
(a) | may operate by reference to regulations under Part 10, and |
| |
(b) | may not make provision which is inconsistent with a provision of |
| |
regulations under Part 10. |
| |
(3) | In particular, the Commission may— |
| |
(a) | provide for the enforcement of standards by the attachment of |
| 20 |
conditions under section 71 or 73; |
| |
(b) | make arrangements with any person for the establishment of |
| |
| |
(c) | make arrangements with any person for the administration of tests of |
| |
compliance with standards; |
| 25 |
(d) | for the purpose of considering whether a condition under section |
| |
section 71 or 73 has been complied with, require the holder of a gaming |
| |
machine technical operating licence— |
| |
(i) | to submit to a test in accordance with arrangements made under |
| |
| 30 |
(ii) | to produce specified evidence of the result of the test; |
| |
(e) | for the purpose of considering whether to grant an application under |
| |
this Part, require the holder of or an applicant for a gaming machine |
| |
technical operating licence— |
| |
(i) | to submit to a test in accordance with arrangements made under |
| 35 |
| |
(ii) | to produce specified evidence of the result of the test. |
| |
(4) | Standards established under subsection (3) may, in particular, be expressed— |
| |
(a) | by reference to the opinion of a specified person or class of persons; |
| |
(b) | by reference to a specified process or class of machine. |
| 40 |
(5) | This section is without prejudice to the generality of sections 71, 73 and 74. |
| |
91 | Lottery operating licences |
| |
(1) | A lottery operating licence may be issued only to— |
| |
|
| |
|
| |
|
(a) | a non-commercial society, |
| |
(b) | a local authority, or |
| |
(c) | a person proposing to act as external lottery manager on behalf of a |
| |
non-commercial society or a local authority. |
| |
(2) | A lottery operating licence may authorise— |
| 5 |
(a) | promotion generally or only specified promoting activities; |
| |
(b) | the promotion of lotteries generally or only the promotion of lotteries |
| |
of a specified kind or in specified circumstances; |
| |
(c) | action as an external lottery manager (in which case it is known as a |
| |
“lottery manager’s operating licence”). |
| 10 |
(3) | In issuing a lottery operating licence to a society or authority the |
| |
| |
(a) | may attach a condition under section 71 or 73 requiring that the society |
| |
or authority ensure that all the arrangements for the lottery are made |
| |
by the holder of a lottery manager’s operating licence, and |
| 15 |
(b) | may, if they attach a condition under paragraph (a), issue the lottery |
| |
licence to the society or authority without consideration of the matters |
| |
specified in section 66(1)(b). |
| |
(4) | A lottery operating licence shall, by virtue of this subsection, permit the |
| |
delivery of lottery tickets by post. |
| 20 |
(5) | The effect of the term implied by subsection (4) may not be disapplied or |
| |
restricted by a condition attached under section 71, 73 or 74. |
| |
(6) | In issuing a lottery operating licence the Commission may attach a condition |
| |
under section 71 or 73 preventing, restricting or controlling the use of a |
| |
| 25 |
(7) | In this section “local authority” means— |
| |
(a) | in relation to England— |
| |
| |
(ii) | a county council for a county in which there are no district |
| |
| 30 |
| |
(iv) | a London borough council, |
| |
(v) | the Common Council of the City of London, and |
| |
(vi) | the Council of the Isles of Scilly, |
| |
(b) | in relation to Wales— |
| 35 |
| |
(ii) | a county borough council, and |
| |
(iii) | a community council, and |
| |
(c) | in relation to Scotland, a council constituted under section 2 of the Local |
| |
Government etc. (Scotland) Act 1994 (c. 39). |
| 40 |
92 | Mandatory conditions of lottery operating licence |
| |
(1) | In issuing a lottery operating licence to a non-commercial society or to a local |
| |
authority the Commission shall attach conditions under section 71 or 73 for the |
| |
purpose of achieving the requirements specified in this section. |
| |
|
| |
|
| |
|
(2) | The first requirement is that at least 20% of the proceeds of any lottery |
| |
promoted in reliance on the licence are applied— |
| |
(a) | in the case of a licence issued to a non-commercial society, to a purpose |
| |
for which the promoting society is conducted, and |
| |
(b) | in the case of a licence issued to a local authority, for a purpose for |
| 5 |
which the authority has power to incur expenditure. |
| |
(3) | The second requirement is that— |
| |
(a) | the proceeds of any lottery promoted in reliance on the licence may not |
| |
| |
(b) | the aggregate of the proceeds of lotteries promoted wholly or partly in |
| 10 |
a calendar year in reliance on the licence may not exceed £10,000,000. |
| |
(4) | The third requirement is that it must not be possible for the purchaser of a |
| |
ticket in a lottery promoted in reliance on the licence to win by virtue of that |
| |
ticket (whether in money, money’s worth, or partly the one and partly the |
| |
| 15 |
| |
(b) | if more, 10% of the proceeds of the lottery; |
| |
| and any rollover must comply with this subsection. |
| |
(5) | The fourth requirement is that each ticket in any lottery promoted by a non- |
| |
commercial society in reliance on the licence— |
| 20 |
| |
(b) | must identify the promoting society, |
| |
(c) | must state the name and address of a member of the society who is |
| |
designated, by persons acting on behalf of the society, as having |
| |
responsibility within the society for the promotion of the lottery, and |
| 25 |
(d) | must give the date of the draw (or each draw) in the lottery. |
| |
(6) | The fifth requirement is that the price payable for each ticket in any lottery |
| |
promoted in reliance on the licence— |
| |
| |
(b) | must be shown on the ticket, and |
| 30 |
(c) | must be paid to the promoter of the lottery before any person is given |
| |
the ticket or any right in respect of membership of the class among |
| |
whom prizes are to be allocated. |
| |
(7) | The sixth requirement is that membership of the class among whom prizes in |
| |
any lottery promoted in reliance on the licence are allocated may not be |
| 35 |
dependent on making any payment (apart from payment of the price of a |
| |
| |
| |
(a) | conditions are attached to a lottery operating licence in accordance with |
| |
| 40 |
(b) | the lottery operating licence is also subject to a condition under section |
| |
91(3)(a) requiring arrangements for the lottery to be made by the holder |
| |
of a lottery manager’s operating licence, |
| |
| the conditions specified in paragraph (a) above shall, by virtue of this |
| |
subsection, attach to the lottery manager’s operating licence in so far as it is |
| 45 |
relied upon in pursuance of the condition specified in paragraph (b) above. |
| |
|
| |
|