House of Commons portcullis
House of Commons
Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill


Gambling Bill
Part 13 — Prize Gaming

120

 

Fairs

269     

Interpretation: travelling fair

For the purposes of this Act—

(a)   

“fair” means a fair consisting wholly or principally of the provision of

amusements, and

5

(b)   

a fair held on a day in a calendar year is a “travelling fair” if provided—

(i)   

wholly or principally by persons who travel from place to place

for the purpose of providing fairs, and

(ii)   

at a place no part of which has been used for the provision of a

fair on more than 27 days in that calendar year.

10

270     

Gaming machines

A person does not commit an offence under section 34 or 226 if—

(a)   

he makes one or more Category D gaming machines available for use

at a travelling fair, and

(b)   

facilities for gambling (whether by way of gaming machine or

15

otherwise) amount together to no more than an ancillary amusement at

the fair.

Part 13

Prize Gaming

271     

Meaning of “prize gaming”

20

Gaming is prize gaming for the purposes of this Act if neither the nature nor

the size of a prize played for is determined by reference to—

(a)   

the number of persons playing,

(b)   

the amount staked or raised by the gaming, or

(c)   

any other matter relating to the progress or outcome of a game.

25

272     

Prize gaming permits

(1)   

A person does not commit an offence under section 30 or 34 by providing

facilities for prize gaming if—

(a)   

the gaming satisfies the conditions specified in section 276, and

(b)   

the facilities are provided in accordance with a prize gaming permit.

30

(2)   

A prize gaming permit is a permit issued by a licensing authority authorising

a person to provide facilities for gaming with prizes on specified premises.

(3)   

Schedule 11 makes further provision about prize gaming permits.

273     

Gaming and entertainment centres

(1)   

A person does not commit an offence under section 30 or 34 by providing

35

facilities for prize gaming if—

(a)   

the gaming satisfies the conditions specified in section 276, and

(b)   

the facilities are provided in—

(i)   

an adult gaming centre, or

 
 

Gambling Bill
Part 13 — Prize Gaming

121

 

(ii)   

a licensed family entertainment centre.

(2)   

A person does not commit an offence under section 30 or 34 by providing

facilities for equal chance prize gaming if—

(a)   

the gaming satisfies the conditions specified in section 276, and

(b)   

the facilities are provided on premises in respect of which a family

5

entertainment centre gaming machine permit has effect.

274     

Bingo halls

(1)   

A person does not commit an offence under section 30 or 34 by providing

facilities for prize gaming in premises in respect of which a bingo premises

licence has effect.

10

(2)   

A condition may be attached under section 71 or 74 to an operating licence so

as—

(a)   

to prevent facilities for a specified description of game from being

provided in reliance on subsection (1), or

(b)   

to provide for subsection (1) to apply, whether generally or only in

15

connection with a specified description of game, subject to specified

conditions or only in specified circumstances.

(3)   

A condition attached under section 74 by virtue of subsection (2) above may, in

particular, relate to a matter listed in section 86(1).

(4)   

Subsection (1) may not be disapplied or modified—

20

(a)   

by way of a condition attached to an operating licence under section 73,

or

(b)   

by way of a condition attached to a premises licence under section 158,

159 or 160.

275     

Fairs

25

A person does not commit an offence under section 30 or 34 by providing

facilities for equal chance prize gaming if—

(a)   

the gaming satisfies the conditions specified in section 276,

(b)   

the facilities are provided at a travelling fair, and

(c)   

facilities for gambling (in whatever form) amount together to no more

30

than an ancillary amusement at the fair.

276     

Conditions for prize gaming

(1)   

This section specifies the conditions mentioned in sections 272(1), 273(1) and

(2) and 275 for prize gaming.

(2)   

The first condition is compliance with such limits as may be prescribed in

35

respect of participation fees (and those limits may, in particular, relate to

players, games or a combination).

(3)   

The second condition is that—

(a)   

all the chances to participate in a particular game must be acquired or

allocated on one day and in the place where the game is played,

40

(b)   

the game must be played entirely on that day, and

(c)   

the result of the game must be made public—

 
 

Gambling Bill
Part 14 — Private and Non-Commercial Gaming and Betting

122

 

(i)   

in the place where the game is played, and

(ii)   

as soon as is reasonably practicable after the game ends, and in

any event on the day on which it is played.

(4)   

The third condition is that the prize for which a game is played, or the

aggregate of the prizes for which a game is played—

5

(a)   

where all the prizes are money, must not exceed the prescribed amount,

and

(b)   

in any other case, must not exceed the prescribed value.

(5)   

The fourth condition is that participation in the game by a person does not

entitle him or another person to participate in any other gambling (whether or

10

not he or the other person would also have to pay in order to participate in the

other gambling).

(6)   

In this section “prescribed” means prescribed by regulations made by the

Secretary of State.

277     

Power to restrict exemptions

15

The Secretary of State may by order provide for sections 272, 273 and 275 not

to have effect in relation to prize gaming of a specified description.

Part 14

Private and Non-Commercial Gaming and Betting

Private gaming and betting

20

278     

Interpretation

Schedule 12 (which defines private gaming and betting) shall have effect.

279     

Exceptions to offences

(1)   

A person does not commit an offence under section 30 by providing facilities

for—

25

(a)   

private gaming, or

(b)   

private betting.

(2)   

Section 34 shall not apply to or in respect of the use of premises to carry on—

(a)   

private gaming, or

(b)   

private betting.

30

(3)   

A person does not commit an offence under section 30 or 34 by making or

accepting a bet, or by offering to make or accept a bet, if he acts otherwise than

in the course of a business.

 
 

Gambling Bill
Part 14 — Private and Non-Commercial Gaming and Betting

123

 

Non-commercial gaming

280     

Interpretation

(1)   

For the purposes of this Act gaming is non-commercial if it takes place at a non-

commercial event (whether as an incidental activity or as the principal or only

activity).

5

(2)   

An event is non-commercial if the arrangements for the event are such that no

part of the proceeds is to be appropriated for the purpose of private gain.

(3)   

For the purposes of subsection (2) the proceeds of an event are—

(a)   

the sums raised by the organisers (whether by way of fees for entrance

or for participation, by way of sponsorship, by way of commission from

10

traders or otherwise), minus

(b)   

amounts deducted by the organisers in respect of costs reasonably

incurred in organising the event.

281     

Exceptions to offences

(1)   

A person does not commit an offence under section 30 by providing facilities

15

for—

(a)   

non-commercial prize gaming which complies with the conditions in

section 282, or

(b)   

non-commercial equal chance gaming which complies with the

conditions in section 283.

20

(2)   

Section 34 shall not apply to or in respect of the use of premises to carry on—

(a)   

non-commercial prize gaming which complies with the conditions in

section 282, or

(b)   

non-commercial equal chance gaming which complies with the

conditions in section 283.

25

282     

Conditions for non-commercial prize gaming

(1)   

This section specifies the conditions for non-commercial prize gaming

mentioned in section 281.

(2)   

The first condition is that players are informed that the purpose of the gaming

is to raise money for a specified purpose other than that of private gain.

30

(3)   

The second condition is that the arrangements for the gaming are such that the

profits will be applied for a purpose other than that of private gain.

(4)   

The third condition is that the non-commercial event of which the gaming is

part does not take place—

(a)   

on premises, other than a track, in respect of which a premises licence

35

has effect,

(b)   

on a track at a time when activities are being carried on in reliance on a

premises licence, or

(c)   

on premises at a time when activities are being carried on in reliance on

a temporary use notice.

40

(5)   

The fourth condition is that the gaming is not remote.

(6)   

In this section “profits” in relation to gaming means—

 
 

Gambling Bill
Part 14 — Private and Non-Commercial Gaming and Betting

124

 

(a)   

the aggregate of amounts—

(i)   

paid by way of stakes, or

(ii)   

otherwise accruing to the person organising the gaming directly

in connection with it, minus

(b)   

amounts deducted by the person organising the gaming in respect of—

5

(i)   

the provision of prizes, or

(ii)   

other costs reasonably incurred in organising or providing

facilities for the gaming.

283     

Conditions for non-commercial equal-chance gaming

(1)   

This section specifies the conditions for non-commercial equal-chance gaming

10

mentioned in section 281.

(2)   

The first condition is that persons participating in the gaming are informed that

the purpose of the gaming is to raise money for a specified purpose other than

that of private gain.

(3)   

The second condition is that the arrangements for the gaming are such that the

15

profits will be applied for a purpose other than that of private gain.

(4)   

The third condition is that the arrangements for the gaming ensure compliance

with regulations of the Secretary of State—

(a)   

limiting amounts staked;

(b)   

limiting participation fees;

20

(c)   

limiting other amounts paid by a person in connection with the

gaming;

(d)   

limiting a combination of matters specified in paragraphs (a) to (c);

(e)   

limiting the amount or value of a prize;

(f)   

limiting the aggregate amount or value of prizes.

25

(5)   

Regulations under subsection (4) may, in particular—

(a)   

make provision by reference to whether or not a game is part of a series;

(b)   

make provision by reference to whether or not the non-commercial

event of which the gaming is part is associated, as defined by the

regulations, with another event;

30

(c)   

limit stakes in relation to a participant in more than one game;

(d)   

make different provision for different kinds of game or for games

played in different circumstances.

(6)   

The fourth condition is that the non-commercial event of which the gaming is

part does not take place—

35

(a)   

on premises, other than a track, in respect of which a premises licence

has effect,

(b)   

on a track at a time when activities are being carried on in reliance on a

premises licence, or

(c)   

on premises at a time when activities are being carried on in reliance on

40

a temporary use notice.

(7)   

The fifth condition is that the gaming is non-remote.

(8)   

In this section “profits” in relation to gaming means—

(a)   

the aggregate of amounts—

(i)   

paid by way of stakes, or

45

 
 

Gambling Bill
Part 15 — Inspection

125

 

(ii)   

otherwise accruing to the person organising the gaming directly

in connection with it, minus

(b)   

amounts deducted by the person organising the gaming in respect of—

(i)   

the provision of prizes, or

(ii)   

other costs reasonably incurred in organising or providing

5

facilities for the gaming.

284     

Misusing profits of non-commercial prize gaming

(1)   

This section applies to—

(a)   

non-commercial prize gaming in respect of which a fund-raising

purpose has been specified as mentioned in section 282(2), and

10

(b)   

non-commercial equal-chance gaming in respect of which a fund-

raising purpose has been specified as mentioned in section 283(2).

(2)   

A person commits an offence if he uses any part of the profits of gaming to

which this section applies for a purpose other than that specified.

(3)   

The reference in subsection (2) to the use of profits includes a reference to

15

permitting profits to be used.

(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,

(b)   

a fine not exceeding level 5 on the standard scale, or

20

(c)   

both.

(5)   

In this section “profits” has the same meaning as in sections 282 and 283.

Part 15

Inspection

Inspectors

25

285     

Enforcement officers

(1)   

The Commission—

(a)   

may designate employees of the Commission as enforcement officers

for the purposes of this Act, and

(b)   

may appoint persons other than employees of the Commission as

30

enforcement officers for the purposes of this Act.

(2)   

The Commission may pay to or in respect of an enforcement officer who is not

an employee of the Commission sums by way of or in respect of—

(a)   

remuneration;

(b)   

allowances;

35

(c)   

expenses;

(d)   

pension;

(e)   

gratuity.

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2004
Revised 25 November 2004