|
| |
|
inviting or enabling a person in a prohibited territory to participate in remote |
| |
| |
(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 |
| 5 |
penalty for an offence under subsection (1). |
| |
| |
Protection of children and young persons |
| |
| |
42 | Meaning of “child” and “young person” |
| 10 |
(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 |
| |
| |
| |
| 15 |
(1) | A person commits an offence if he invites, causes or permits a child or young |
| |
| |
(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, |
| 20 |
(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 |
| |
| 25 |
(g) | participation in equal chance gaming at a licensed family entertainment |
| |
| |
(h) | participation in prize gaming at a non-licensed family entertainment |
| |
| |
(i) | participation in prize gaming at a travelling fair in accordance with |
| 30 |
| |
(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 |
| |
| 35 |
(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 |
| |
| |
(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 |
| 40 |
|
| |
|
| |
|
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. |
| 5 |
(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 |
| 10 |
| |
(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 |
| |
| 15 |
(6) | In subsections (4) and (5) “contact details” means— |
| |
(a) | an address or other location, |
| |
| |
| |
| 20 |
44 | Invitation to enter premises |
| |
(1) | A person commits an offence if he invites or permits a child or young person |
| |
| |
(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 |
| 25 |
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 |
| 30 |
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 |
| |
| |
(a) | distinguishing between one part of premises and another; |
| |
(b) | determining when use is being made of a part of premises. |
| 35 |
(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. |
| 40 |
(5) | A person commits an offence if he invites or permits a child or young person |
| |
| |
(a) | an adult gaming centre premises licence has effect in respect of the |
| |
| |
(b) | the premises are being used in reliance on that licence when the child |
| 45 |
or young person is invited or permitted to enter. |
| |
|
| |
|
| |
|
(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— |
| 5 |
(a) | the premises are a licensed family entertainment centre, |
| |
(b) | a person entering that part of the premises has access to a Category C |
| |
| |
(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 |
| 10 |
| |
| |
(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, |
| 15 |
(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 |
| 20 |
| |
(g) | participation in equal chance gaming at a licensed family entertainment |
| |
| |
(h) | participation in prize gaming at a non-licensed family entertainment |
| |
| 25 |
(i) | participation in prize gaming at a travelling fair in accordance with |
| |
| |
| |
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 |
| 30 |
permitted the young person to enter. |
| |
47 | 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 |
| |
| 35 |
(a) | private and non-commercial gaming, |
| |
(b) | private and non-commercial betting, |
| |
| |
| |
(e) | prize gaming at a travelling fair in accordance with section 275. |
| 40 |
|
| |
|
| |
|
| |
48 | Employment to provide facilities for gambling |
| |
(1) | A person commits an offence if he employs a child or young person to provide |
| |
| |
(2) | But subsection (1) does not apply to the provision of facilities in connection |
| 5 |
| |
(a) | private and non-commercial gaming, |
| |
(b) | private and non-commercial betting, |
| |
| |
| 10 |
(e) | prize gaming at a travelling fair in accordance with section 275. |
| |
49 | Employment for lottery or football pools |
| |
A person commits an offence if he employs a child to provide facilities for |
| |
gambling in connection with— |
| |
| 15 |
| |
50 | 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 |
| 20 |
(b) | facilities for gambling are provided in accordance with a club gaming |
| |
permit or a club machine permit. |
| |
51 | 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 |
| 25 |
premises where a Category A, B, C or D gaming machine is situated, |
| |
| |
(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 |
| |
| 30 |
(2) | A young person commits an offence if he is employed in contravention of |
| |
| |
52 | 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— |
| 35 |
(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— |
| |
|
| |
|
| |
|
(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. |
| 5 |
(3) | The Secretary of State may for the purposes of subsection (2) by regulations |
| |
| |
(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 |
| 10 |
| |
| |
53 | 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— |
| 15 |
(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. |
| 20 |
(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; |
| |
| |
(a) | references to a child or young person shall be treated as references only |
| |
| 25 |
(b) | references to gambling shall be treated as references to participation in |
| |
| |
54 | 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. |
| 30 |
(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; |
| |
| |
(a) | references to a child or young person shall be treated as references only |
| |
| 35 |
(b) | references to gambling shall be treated as references to participation in |
| |
| |
| |
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. |
| 40 |
|
| |
|