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Gambling Bill


Gambling Bill
Part 5 — Operating Licences

36

 

81      

Equipment

(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

activities.

(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

facilities for gambling.

(3)   

For the purposes of this section “equipment” includes—

10

(a)   

a computer,

(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.

82      

Gaming machines

15

An operating licence may not include a condition (whether attached by virtue

of section 71, 73 or 74)—

(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

or

(c)   

of a kind prohibited by regulations under any of those sections.

83      

Membership

An operating licence may not be subject to a condition (whether by virtue of

section 71, 73 or 74)—

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.

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(3)   

The Commission may establish, or provide for the establishment of, standards

in respect of—

(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

gambling;

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(b)   

any other aspect of the process of remote gambling.

 
 

Gambling Bill
Part 5 — Operating Licences

37

 

(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

standards;

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

remote licence—

10

(i)   

to submit to a test in accordance with arrangements made under

paragraph (c) above, and

(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

remote licence—

(i)   

to submit to a test in accordance with arrangements made under

paragraph (c) above, and

(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

than one place.

(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

made available.

(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—

(a)   

a casino game;

(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

way of prizes;

(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

one).

45

 
 

Gambling Bill
Part 5 — Operating Licences

38

 

(2)   

But subject to subsection (1) a bingo operating licence may not be subject to a

condition—

(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,

or

(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

one).

(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

(c)   

in any other way.

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—

(a)   

the licensee,

(b)   

a person employed by the licensee under a written contract of

employment, or

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,

or

30

(b)   

preventing the provision of facilities at a specified place or class of

place.

(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—

(a)   

by the licensee,

40

(b)   

by a person employed by the licensee under a written contract of

employment,

(c)   

by the holder of another pool betting operating licence, or

(d)   

in accordance with subsection (2) or (3).

 
 

Gambling Bill
Part 5 — Operating Licences

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(2)   

A bet is accepted by a person (“the agent”) on behalf of a licensee in accordance

with this subsection if—

(a)   

the agent is authorised by the licensee in writing to accept bets on

behalf of the licensee,

(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

licensed activities;

(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

operating licence, but

(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

section to apply.

(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.

 
 

Gambling Bill
Part 5 — Operating Licences

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(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

for the making of bets.

(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

standards;

(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

paragraph (c) above, and

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

paragraph (c) above, and

(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—

 
 

Gambling Bill
Part 5 — Operating Licences

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(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

Commission—

(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

rollover.

25

(7)   

In this section “local authority” means—

(a)   

in relation to England—

(i)   

a district council,

(ii)   

a county council for a county in which there are no district

councils,

30

(iii)   

a parish council,

(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

(i)   

a county council,

(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.

 
 

Gambling Bill
Part 5 — Operating Licences

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(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

exceed £2,000,000, and

(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

other) more than—

15

(a)   

£25,000, or

(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

(a)   

must be a document,

(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—

(a)   

must be the same,

(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

ticket).

(8)   

Where—

(a)   

conditions are attached to a lottery operating licence in accordance with

this section, and

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.

 
 

 
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