Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Part 2 — The Gambling Commission
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(5)
Before issuing guidance under subsection (1) the Commission shall also
consult, if and to the extent that the Commission thinks appropriate having
regard to the nature of the guidance—
(a)
one or more persons who appear to the Commission to represent chief
constables of police forces, and
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(b)
in such manner as the Commission thinks appropriate, members of the
public.
(6)
In this section “local authority” means—
(a)
in relation to England—
(i)
a district council,
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(ii)
a county council for a county in which there are no district
councils,
(iii)
a London borough council,
(iv)
the Common Council of the City of London, and
(v)
the Council of the Isles of Scilly,
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(b)
in relation to Wales—
(i)
a county council, and
(ii)
a county borough council, and
(c)
in relation to Scotland, a licensing board constituted under section 1 of
the Licensing (Scotland) Act 1976 (c. 66).
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25
Duty to advise Secretary of State
(1)
The Commission shall give advice to the Secretary of State about—
(a)
the incidence of gambling,
(b)
the manner in which gambling is carried on,
(c)
the effects of gambling, and
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(d)
the regulation of gambling.
(2)
Advice under this section shall be given—
(a)
in response to a request from the Secretary of State, and
(b)
on such other occasions as the Commission thinks appropriate.
(3)
The Commission shall send a copy of any advice under this section to the
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Scottish Ministers.
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Investigation and prosecution of offences
(1)
The Commission—
(a)
may investigate whether an offence has been committed under this Act,
and
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(b)
may institute criminal proceedings in respect of an offence under this
Act.
(2)
The power in subsection (1)(a) may be exercised whether in response to
information received by the Commission or otherwise.
(3)
Subsection (1)(b) shall not apply in relation to the institution of proceedings in
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Scotland.

Gambling Bill
Part 3 — General offences
13

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Licensing authority information
(1)
The Commission may require a licensing authority to provide information
that—
(a)
forms part of a register maintained by the authority under this Act, or
(b)
is in the possession of the authority in connection with a provision of
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this Act.
(2)
A requirement under subsection (1) may include a requirement for information
to be—
(a)
compiled or collated in a specified manner;
(b)
provided in a specified form.
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(3)
A licensing authority shall comply with a requirement under this section.
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Other exchange of information
(1)
The Commission may provide information received by it in the exercise of its
functions to any of the persons or bodies listed in Schedule 5—
(a)
for use in the exercise of the person’s or body’s functions, or
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(b)
for the purpose of a function of the Commission.
(2)
Any of the persons or bodies listed in Schedule 5 may provide to the
Commission, for use in the exercise of its functions, information received by
the person or body in the exercise of his or its functions.
(3)
Provision of information in reliance on this section may be subject to conditions
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(whether as to use, storage, disposal or otherwise).
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Consultation with National Lottery Commission
(1)
If in the course of the exercise of its functions the Gambling Commission
becomes aware of a matter about which the National Lottery Commission is
likely to have an opinion, the Gambling Commission shall consult the National
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Lottery Commission.
(2)
The Gambling Commission shall comply with any direction of the Secretary of
State (which may be general or specific) to consult the National Lottery
Commission.
Part 3
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General offences
Provision of facilities for gambling
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Provision of facilities for gambling
(1)
A person commits an offence if he provides facilities for gambling unless—
(a)
an exception provided for in subsection (2) or (3) applies, or
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(b)
an exception provided for by any of the following provisions applies—
(i)
sections 31 and 32,
(ii)
sections 254 and 256 (clubs and miners’ welfare institutes),
(iii)
section 264 (premises with alcohol licence),

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Part 3 — General offences
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(iv)
sections 272, 273 and 275 (prize gaming),
(v)
section 279 (private gaming and betting), and
(vi)
section 281 (non-commercial gaming).
(2)
Subsection (1) does not apply to any activity by a person if—
(a)
he holds an operating licence authorising the activity, and
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(b)
the activity is carried on in accordance with the terms and conditions of
the licence.
(3)
Subsection (1) does not apply to any activity by a person if—
(a)
he acts in the course of a business carried on by a person who holds an
operating licence authorising the activity, and
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(b)
the activity is carried on in accordance with the terms and conditions of
the licence.
(4)
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,
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(b)
a fine not exceeding level 5 on the standard scale, or
(c)
both.
(5)
In the application of subsection (4) to Scotland the reference to 51 weeks shall
have effect as a reference to six months.
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Exception: lotteries
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Section 30 shall not apply to the provision of facilities for a lottery.
32
Exception: gaming machines
Section 30 shall not apply to making a gaming machine available for use.
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Territorial application
(1)
For the purposes of section 30 it is immaterial whether facilities are provided—
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(a)
wholly or partly by means of remote communication;
(b)
subject to subsections (2) and (3), inside the United Kingdom, outside
the United Kingdom, or partly inside and partly outside.
(2)
Section 30 applies to the provision of facilities for non-remote gambling only if
anything done in the course of the provision of the facilities is done in Great
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Britain.
(3)
Section 30 applies to the provision of facilities for remote gambling only if at
least one piece of remote gambling equipment used in the provision of the
facilities is situated in Great Britain (but whether or not the facilities are
provided for use wholly or partly in the United Kingdom).
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(4)
In this Act “remote gambling equipment” means, subject to subsection (5),
electronic or other equipment used by or on behalf of a person providing
facilities for remote gambling—
(a)
to register a person’s participation in the gambling,
(b)
to present, to persons who are participating or may participate in the
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gambling, a virtual game, virtual race or other virtual event or process
by reference to which the gambling is conducted,

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Part 3 — General offences
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(c)
to determine all or part of a result or of the effect of a result, or
(d)
to accept payment in respect of gambling.
(5)
In this Act “remote gambling equipment” does not include a computer
which—
(a)
is used by a person to take advantage of remote gambling facilities
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provided by another person, and
(b)
is not provided by that other person.
Use of premises
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Use of premises
(1)
A person commits an offence if he uses premises, or causes or permits premises
10
to be used, to—
(a)
operate a casino,
(b)
provide facilities for the playing of bingo,
(c)
make a gaming machine available for use,
(d)
provide other facilities for gaming, or
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(e)
provide facilities for betting (whether by making or accepting bets, by
acting as a betting intermediary or by providing other facilities for the
making or accepting of bets).
(2)
Subsection (1) does not apply in relation to the use of premises by a person if
the use is authorised by a premises licence held by him.
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(3)
Subsection (1) does not apply in relation to the use of premises by a person if
he acts in the course of a business carried on by another person who holds a
premises licence authorising the use.
(4)
Subsection (1) does not apply in relation to the use of a track by a person for
accepting bets if the use is authorised by a premises licence (whether or not
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held by him).
(5)
Subsection (1) does not apply in relation to the use of a casino for the provision
of facilities for bingo or betting in accordance with an authorisation under
section 165(4).
(6)
Subsection (1) does not apply in relation to the use of premises to provide
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facilities which are to be used only by persons who are not on the premises.
(7)
Other exceptions to subsection (1) are provided in—
(a)
sections 36 and 37,
(b)
section 199 (temporary use notice),
(c)
sections 231, 232 and 233 (gaming machines),
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(d)
sections 254, 256 and 258 (clubs and miners’ welfare institutes),
(e)
sections 264 and 267 (premises with alcohol licence),
(f)
section 269 (travelling fairs),
(g)
sections 272, 273 and 275 (prize gaming),
(h)
section 279 (private gaming and betting), and
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(i)
section 281 (non-commercial gaming).
(8)
A person guilty of an offence under this section shall be liable on summary
conviction to—

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Part 3 — General offences
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(a)
imprisonment for a term not exceeding 51 weeks,
(b)
a fine not exceeding level 5 on the standard scale, or
(c)
both.
(9)
In the application of subsection (8) to Scotland the reference to 51 weeks shall
have effect as a reference to six months.
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Power to amend section 34
(1)
The Secretary of State may by order amend section 34(1) so as to—
(a)
add a gambling activity,
(b)
remove a gambling activity, or
(c)
vary the entry for a gambling activity.
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(2)
In subsection (1) “gambling activity” means an activity that is—
(a)
a kind of gambling, or
(b)
the provision of facilities for a kind of gambling.
(3)
In particular, an order under subsection (1) may have the effect of applying
section 34(1) to betting of the kind referred to in section 10(1).
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(4)
An order under subsection (1) may, in particular, make consequential
amendment of—
(a)
section 142;
(b)
another provision of Part 8;
(c)
any provision of this Act, or of another enactment, that relates to Part 8.
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Exception: occasional use notice
(1)
A person who accepts bets on a track, or who causes or permits premises to be
used for the acceptance of bets, does not commit an offence under section 34
if—
(a)
a notice has been given under this section in respect of the track, and
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(b)
the activity is carried on in accordance with the notice.
(2)
A notice under this section (an “occasional use notice”) in respect of a track may
be given only by a person who is—
(a)
responsible for the administration of events on the track, or
(b)
an occupier of the track.
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(3)
An occasional use notice must—
(a)
be given in writing to the licensing authority for any area in which the
track is wholly or partly situated, and
(b)
be copied to either—
(i)
in England and Wales, the chief officer of police for any area in
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which the track is wholly or partly situated, or
(ii)
in Scotland, the chief constable of the police force maintained
for the police area comprising that area.
(4)
An occasional use notice must specify a day on which it has effect.
(5)
An occasional use notice may not be given in respect of a track for a day in a
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calendar year if eight occasional use notices have been given in respect of that
track for days in that year.

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Part 3 — General offences
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(6)
In this section—
(a)
“chief officer of police” has the meaning given by section 101(1) of the
Police Act 1996 (c. 16), and
(b)
a reference to a chief officer’s area is a reference to the area in respect of
which he has responsibility under that Act.
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(7)
The Secretary of State may by order amend subsection (5) so as to substitute a
different maximum number of occasional use notices for a calendar year.
(8)
An order under subsection (7) increasing the maximum number of occasional
use notices for a calendar year may also make provision prohibiting the giving
of a temporary use notice in a calendar year in respect of premises if a specified
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number of occasional use notices have been given in respect of the premises in
that year.
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Exception: football pools
(1)
A person does not commit an offence under section 34 if he uses premises to do
anything in accordance with an authorisation under section 88(3).
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(2)
The Secretary of State may make regulations disapplying subsection (1) to
specified classes of premises.
Miscellaneous offences
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Gambling software
(1)
A person commits an offence if in the course of a business he manufactures,
20
supplies, installs or adapts gambling software unless he acts in accordance
with an operating licence.
(2)
In this Act “gambling software”—
(a)
means computer software for use in connection with remote gambling,
but
25
(b)
does not include anything for use solely in connection with a gaming
machine.
(3)
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,
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(b)
a fine not exceeding level 5 on the standard scale, or
(c)
both.
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Cheating
(1)
A person commits an offence if he—
(a)
cheats at gambling, or
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(b)
does anything for the purpose of enabling or assisting another person
to cheat at gambling.
(2)
For the purposes of subsection (1) it is immaterial whether a person who
cheats—
(a)
improves his chances of winning anything, or
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(b)
wins anything.

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Part 3 — General offences
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(3)
Without prejudice to the generality of subsection (1) cheating at gambling may,
in particular, consist of actual or attempted deception or interference in
connection with—
(a)
the process by which gambling is conducted, or
(b)
a real or virtual game, race or other event or process to which gambling
5
relates.
(4)
For the purposes of this section “gambling” includes entering a lottery which
forms part of the National Lottery.
(5)
A person guilty of an offence under this section shall be liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
10
two years, to a fine or to both, or
(b)
on summary conviction, to imprisonment for a term not exceeding 51
weeks, to a fine not exceeding the statutory maximum or to both.
(6)
In the application of subsection (5) to Scotland the reference to 51 weeks shall
have effect as a reference to six months.
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(7)
Section 17 of the Gaming Act 1845 (c. 109) (winning by cheating) shall cease to
have effect.
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Chain-gift schemes
(1)
A person commits an offence if he—
(a)
invites another to join a chain-gift scheme, or
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(b)
knowingly participates in the promotion, administration or
management of a chain-gift scheme.
(2)
An arrangement is a “chain-gift” scheme if—
(a)
in order to participate in the arrangement a person must make a
payment to one or more other participants (a “joining fee”), and
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(b)
each person who participates in the arrangement—
(i)
is required or invited to invite others to participate, and
(ii)
is encouraged to believe that he will receive the joining fees, or
part of the joining fees, of other participants, to an amount in
excess of the joining fee paid by him.
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(3)
For the purposes of subsection (2)—
(a)
“payment” means a payment of money or money’s worth, but does not
include the provision of goods or services, and
(b)
it is immaterial whether a payment is made directly or through a
person responsible for managing or administering the scheme.
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(4)
A person guilty of an offence under this section shall be liable on summary
conviction to—
(a)
imprisonment for a period not exceeding 51 weeks,
(b)
a fine not exceeding level 5 on the standard scale, or
(c)
both.
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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