Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Part 4 — Protection of children and young persons
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inviting or enabling a person in a prohibited territory to participate in remote
gambling.
(2)
In subsection (1) “prohibited territory” means a country or place designated for
the purpose of this section by order made by the Secretary of State.
(3)
An order under subsection (2) shall prescribe the mode of trial and maximum
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penalty for an offence under subsection (1).
Part 4
Protection of children and young persons
Interpretation
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Meaning of “child” and “young person”
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(1)
In this Act “child” means an individual who is less than 16 years old.
(2)
In this Act “young person” means an individual who is not a child but who is
less than 18 years old.
Principal offences
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Invitation to gamble
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(1)
A person commits an offence if he invites, causes or permits a child or young
person to gamble.
(2)
But subsection (1) does not apply in relation to—
(a)
participation in private and non-commercial gaming,
(b)
participation in private and non-commercial betting,
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(c)
participation in a lottery,
(d)
participation in football pools,
(e)
the use of a Category D gaming machine,
(f)
participation in equal chance gaming in accordance with a prize
gaming permit,
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(g)
participation in equal chance gaming at a licensed family entertainment
centre,
(h)
participation in prize gaming at a non-licensed family entertainment
centre, or
(i)
participation in prize gaming at a travelling fair in accordance with
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section 275.
(3)
In subsection (1) a reference to inviting a child or young person to gamble
includes, in particular, a reference to intentionally—
(a)
sending to a child or young person any document which advertises
gambling, or
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(b)
bringing to the attention of a child or young person information about
gambling with a view to encouraging the child or young person to
gamble.
(4)
If a document which is sent to a child or young person and which advertises
gambling gives the name or contact details of a person to whom payment may
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Gambling Bill
Part 4 — Protection of children and young persons
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be made or from whom information may be obtained, that person shall be
treated as having committed the offence under subsection (1) unless he proves
that the document was sent—
(a)
without his consent, and
(b)
without his authority.
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(5)
If information about gambling is brought to the attention of a child or young
person and includes the name or contact details of a person to whom payment
may be made or from whom information may be obtained, that person (“the
advertiser”) shall be treated as having committed the offence under subsection
(1) unless he proves that the information was brought to the attention of the
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child or young person—
(a)
without the advertiser’s consent or authority, or
(b)
as an incident of the information being brought to the attention of
adults and without a view to encouraging the child or young person to
gamble.
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(6)
In subsections (4) and (5) “contact details” means—
(a)
an address or other location,
(b)
a telephone number,
(c)
an internet site, or
(d)
an email address.
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44
Invitation to enter premises
(1)
A person commits an offence if he invites or permits a child or young person
to enter premises if—
(a)
a casino premises licence has effect in respect of the premises, and
(b)
the premises are being used in reliance on that licence when the child
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or young person is invited or permitted to enter.
(2)
But subsection (1) does not apply where—
(a)
a child or young person is permitted to enter a part of premises which
are being used for a regional casino, and
(b)
that part is not being used in reliance on the casino premises licence
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when the child or young person is invited or permitted to enter.
(3)
The Secretary of State may for the purposes of subsection (2) by regulations
make provision for—
(a)
distinguishing between one part of premises and another;
(b)
determining when use is being made of a part of premises.
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(4)
A person commits an offence if he invites or permits a child or young person
to enter premises other than a track if—
(a)
a betting premises licence has effect in respect of the premises, and
(b)
the premises are being used in reliance on that licence when the child
or young person is invited or permitted to enter.
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(5)
A person commits an offence if he invites or permits a child or young person
to enter premises if—
(a)
an adult gaming centre premises licence has effect in respect of the
premises, and
(b)
the premises are being used in reliance on that licence when the child
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or young person is invited or permitted to enter.

Gambling Bill
Part 4 — Protection of children and young persons
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(6)
A person commits an offence if he invites or permits a child or young person
to enter an area from which children and young persons are required to be
excluded by virtue of section 169.
(7)
A person commits an offence if he invites or permits a child or young person
to enter part of premises if—
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(a)
the premises are a licensed family entertainment centre,
(b)
a person entering that part of the premises has access to a Category C
gaming machine, and
(c)
at the time when the child or young person is permitted or invited to
enter, a Category C gaming machine is being used or is available for
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use.
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Gambling
(1)
A young person commits an offence if he gambles.
(2)
But subsection (1) does not apply to—
(a)
participation in private and non-commercial gaming,
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(b)
participation in private and non-commercial betting,
(c)
participation in a lottery,
(d)
participation in football pools,
(e)
the use of a Category D gaming machine,
(f)
participation in equal chance gaming in accordance with a prize
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gaming permit,
(g)
participation in equal chance gaming at a licensed family entertainment
centre,
(h)
participation in prize gaming at a non-licensed family entertainment
centre, or
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(i)
participation in prize gaming at a travelling fair in accordance with
section 275.
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Entering premises
A young person commits an offence if he enters premises in circumstances
where a person would commit an offence under section 44 if he invited or
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permitted the young person to enter.
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Provision of facilities for gambling
(1)
A young person commits an offence if he provides facilities for gambling.
(2)
But subsection (1) does not apply to the provision of facilities in connection
with—
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(a)
private and non-commercial gaming,
(b)
private and non-commercial betting,
(c)
a lottery,
(d)
football pools, or
(e)
prize gaming at a travelling fair in accordance with section 275.
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Gambling Bill
Part 4 — Protection of children and young persons
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Employment offences
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Employment to provide facilities for gambling
(1)
A person commits an offence if he employs a child or young person to provide
facilities for gambling.
(2)
But subsection (1) does not apply to the provision of facilities in connection
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with—
(a)
private and non-commercial gaming,
(b)
private and non-commercial betting,
(c)
a lottery,
(d)
football pools, or
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(e)
prize gaming at a travelling fair in accordance with section 275.
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Employment for lottery or football pools
A person commits an offence if he employs a child to provide facilities for
gambling in connection with—
(a)
a lottery, or
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(b)
football pools.
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Employment on bingo and club premises
A person commits an offence if he employs a child to perform any function on
premises where, and at a time when—
(a)
facilities are provided for the playing of bingo, or
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(b)
facilities for gambling are provided in accordance with a club gaming
permit or a club machine permit.
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Employment on premises with gaming machines
(1)
A person commits an offence if—
(a)
he employs a child or young person to perform any function on
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premises where a Category A, B, C or D gaming machine is situated,
and
(b)
the child or young person is or may be required in the course of his
employment to perform a function in connection with the gaming
machine.
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(2)
A young person commits an offence if he is employed in contravention of
subsection (1).
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Employment in casino, &c.
(1)
A person commits an offence if he employs a child or young person to perform
any function on premises in respect of which any of the following have effect—
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(a)
a casino premises licence,
(b)
a betting premises licence, and
(c)
an adult gaming centre premises licence.
(2)
But subsection (1) does not apply—

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Part 4 — Protection of children and young persons
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(a)
to employment at a time when no activity is being carried on in reliance
on the premises licence, or
(b)
to employment on a part of premises which are being used for a
regional casino at a time when that part is not being used in reliance on
the casino premises licence.
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(3)
The Secretary of State may for the purposes of subsection (2) by regulations
make provision for—
(a)
distinguishing between one part of premises and another;
(b)
determining when use is being made of a part of premises.
(4)
A young person commits an offence if he is employed in contravention of
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subsection (1).
Miscellaneous offences
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Invitation to participate in lottery
(1)
A person commits an offence if he invites, causes or permits a child to
participate in a lottery other than—
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(a)
an incidental non-commercial lottery that is exempt for the purposes of
section 242 by virtue of Part 1 of Schedule 9, or
(b)
a private lottery (whether a private society lottery, a work lottery or a
residents’ lottery) that is exempt for the purposes of section 242 by
virtue of Part 2 of Schedule 9.
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(2)
Subsections (3) to (6) of section 43 shall have effect in relation to subsection (1)
of this section as they have effect in relation to subsection (1) of that section;
and for that purpose—
(a)
references to a child or young person shall be treated as references only
to a child, and
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(b)
references to gambling shall be treated as references to participation in
a lottery.
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Invitation to participate in football pools
(1)
A person commits an offence if he invites, causes or permits a child to
participate in football pools.
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(2)
Subsections (3) to (6) of section 43 shall have effect in relation to subsection (1)
of this section as they have effect in relation to subsection (1) of that section;
and for that purpose—
(a)
references to a child or young person shall be treated as references only
to a child, and
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(b)
references to gambling shall be treated as references to participation in
football pools.
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Return of stake
A person commits an offence if without reasonable excuse he fails to comply
with a condition attached to an operating licence by virtue of section 79.
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