Gambling Bill

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House of Commons

Session 2002 - 03
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Gambling Bill

Gambling Bill

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Culture, Media and

Sport, are published separately as Bill 163—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary Tessa Jowell has made the following statement under section 19(1)(a) of the

Human Rights Act 1998:

In my view the provisions of the Gambling Bill are compatible with the Convention

rights.

Bill 163

53/3

Gambling Bill

Contents

Part 1

Interpretation of Key Concepts

Principal concepts

1

The licensing objectives

2

Licensing authorities

3

Gambling

4

Remote gambling

5

Facilities for gambling

Gaming

6

Gaming & game of chance

7

Casino

8

Equal chance gaming

Betting

9

Betting: general

10

Spread bets, &c.

11

Betting: prize competitions

12

Pool betting

13

Betting intermediary

Lottery

14

Lottery

Cross-category activities

15

Betting and gaming

16

Lotteries and gaming

17

Lotteries and betting

Bill 163

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Gambling Bill

iv

Miscellaneous

18

Non-commercial society

Part 2

The Gambling Commission

19

Establishment of the Commission

20

Gaming Board: transfer to Commission

21

Duty to promote the licensing objectives

22

Policy for licensing and regulation

23

Codes of practice

24

Guidance to local authorities

25

Duty to advise Secretary of State

26

Investigation and prosecution of offences

27

Licensing authority information

28

Other exchange of information

29

Consultation with National Lottery Commission

Part 3

General offences

Provision of facilities for gambling

30

Provision of facilities for gambling

31

Exception: lotteries

32

Exception: gaming machines

33

Territorial application

Use of premises

34

Use of premises

35

Power to amend section 34

36

Exception: occasional use notice

37

Exception: football pools

Miscellaneous offences

38

Gambling software

39

Cheating

40

Chain-gift schemes

41

Provision of unlawful facilities abroad

Part 4

Protection of children and young persons

Interpretation

42

Meaning of “child” and “young person”

Gambling Bill

v

Principal offences

43

Invitation to gamble

44

Invitation to enter premises

45

Gambling

46

Entering premises

47

Provision of facilities for gambling

Employment offences

48

Employment to provide facilities for gambling

49

Employment for lottery or football pools

50

Employment on bingo and club premises

51

Employment on premises with gaming machines

52

Employment in casino, &c.

Miscellaneous offences

53

Invitation to participate in lottery

54

Invitation to participate in football pools

55

Return of stake

56

Age limit for Category D gaming machines

General

57

Temporary use notice

58

Meaning of employment

59

Penalty

60

Reasonable belief about person’s age

Part 5

Operating Licences

Introductory

61

Nature of licence

62

Form of licence

63

Remote gambling

64

Combined licence

Issue

65

Application

66

Consideration of application: general principles

67

Consideration of application: criminal record

68

Consideration of application: demand

69

Procedure

70

Determination of application

Conditions

71

General conditions imposed by Commission

72

General conditions: procedure

73

Individual condition imposed by Commission

Gambling Bill

vi

74

Condition imposed by Secretary of State

75

Scope of powers to attach conditions

76

Requirement for personal licence

77

Credit and inducements

78

Compliance with code of practice

79

Return of stakes to children

80

Premises

81

Equipment

82

Gaming machines

83

Membership

Rules for particular kinds of licence

84

Remote operating licence

85

Casino operating licence

86

Bingo operating licence

87

General betting operating licence

88

Pool betting operating licence

89

Horse-race pool betting operating licence

90

Gaming machine technical operating licence

91

Lottery operating licences

92

Mandatory conditions of lottery operating licence

Maintenance

93

Annual fee

94

Change of circumstance

95

Change of corporate control

96

Section 95 : supplemental

97

Application to vary licence

98

Amendment

99

Register of operating licences

100

Copy of licence

101

Production of licence

102

Conviction

Duration

103

Indefinite duration

104

Power to limit duration

105

Renewal of licence

106

Surrender

107

Lapse

108

Forfeiture

Regulation

109

Review

110

Regulatory powers

111

Suspension

112

Revocation

113

Conditions for suspension or revocation

114

Financial penalty

115

Information

Gambling Bill

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General

116

Levy

117

Directions and requirements

118

Relevant offence: disapplication of rehabilitation

119

Interpretation

Part 6

Personal Licences

120

Nature of personal licence

121

Application of provisions of Part 5

122

Exemption for small-scale operators

123

Application

124

Duration

125

Fees

126

Multiple licences

127

Production of licence

128

Review

129

Disqualification

130

Notification of operating licensee

131

Conviction

132

Breach of personal licence condition

Part 7

Operating and Personal Licences: Appeals

133

The Gambling Appeals Tribunal

134

Appeal to Tribunal

135

Timing

136

Appeal from Tribunal

137

Powers of Tribunal

138

Stay pending appeal

139

Rules

140

Fees

141

Legal assistance

Part 8

Premises Licences

The licence

142

Nature of licence

143

Form of licence

144

Combined licence, &c.

Licensing authorities’ functions

145

Principles to be applied

146

Delegation to licensing committee

147

Register

© Parliamentary copyright 2004
Revised 19 October 2004