Gambling Bill

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House of Commons

Session 2004 - 05
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Other Bills before Parliament

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 2—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 2
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Gambling Bill

Bill 2 53/4

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 2
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Gambling Bill
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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
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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 25 November 2004