Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Part 9 — Temporary Use of Premises
102

222
Vehicles and vessels
(1)
A temporary use notice—
(a)
may not be given in respect of a vehicle (or part of a vehicle),
(b)
may be given in respect of all or part of a passenger vessel,
(c)
may be given in respect of all or part of a vessel (within the meaning of
5
section 340(1)) situated at a fixed place in or on water, and
(d)
may not be given in respect of all or part of a vessel to which neither of
paragraphs (b) and (c) applies.
(2)
In relation to a vessel, a reference in this Part to a place in which premises are
wholly or partly situated shall be construed—
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(a)
in the case of a vessel (within the meaning of section 340(1)) situated at
a fixed place in or on water, as a reference to that place,
(b)
in the case of a vessel which is permanently moored at a place, as a
reference to that place,
(c)
in the case of a vessel which is habitually moored at one place more
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frequently or for longer periods than at any other place, as a reference
to that place, and
(d)
in any other case, as a reference to any place at which a vessel is moored
or is likely to be moored, or to the place in the United Kingdom nearest
to any place at which a vessel is or is likely to be, while activities are
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carried on in the vessel in reliance on a temporary use notice.
(3)
In relation to a vessel, the following are responsible authorities for the
purposes of this Part (in addition to the persons listed in section 152)—
(a)
a navigation authority, within the meaning of section 221(1) of the
Water Resources Act 1991 (c. 57), which has functions in relation to any
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place at which a vessel is moored or is likely to be moored, or to the
place in the United Kingdom nearest to any place at which a vessel is or
is likely to be, while activities are carried on in the vessel in reliance on
a temporary use notice,
(b)
the Environment Agency,
30
(c)
the British Waterways Board, and
(d)
the Secretary of State.
223
Delegation of licensing authority functions
(1)
The functions under this Part of a licensing authority in England and Wales are
by virtue of this subsection delegated to the licensing committee of the
35
authority established under section 6 of the Licensing Act 2003 (c. 17).
(2)
The following provisions of the Licensing Act 2003 shall apply in relation to a
function delegated to a licensing committee under this section as they apply in
relation to a function delegated under that Act—
(a)
section 7(9) (referral back to licensing authority), and
40
(b)
section 10 (sub-delegation).
(3)
In the application of section 10(4) of that Act (matters not to be delegated to
officer) by virtue of subsection (2) above, for the list of functions there shall be
substituted a reference to any function under section 215 of this Act.
(4)
The provisions of section 9 of that Act and regulations under it apply to
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proceedings of licensing committees and their sub-committees in relation to

Gambling Bill
Part 10 — Gaming Machines
103

the exercise of functions under this Part; and for that purpose regulations may,
in particular, make provision which applies—
(a)
only in relation to functions under that Act,
(b)
only in relation to functions under this Part, or
(c)
differently in relation to functions under that Act and functions under
5
this Part.
224
Register
(1)
A licensing authority shall—
(a)
maintain a register of temporary use notices given to them together
with such other information as may be prescribed,
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(b)
make the register and information available for inspection by members
of the public at all reasonable times, and
(c)
make arrangements for the provision of a copy of an entry in the
register, or of information, to a member of the public on request.
(2)
A licensing authority may refuse to provide a copy of an entry or of
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information unless the person seeking it pays a reasonable fee specified by the
authority.
(3)
The Secretary of State may make regulations about—
(a)
the form of the register;
(b)
the manner in which it is maintained.
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(4)
The Secretary of State may make regulations—
(a)
requiring licensing authorities to give to the Commission specified
information about temporary use notices given to them,
(b)
requiring the Commission to maintain a register of the information
provided to it under paragraph (a),
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(c)
requiring the Commission to grant access to the register to members of
the public (without charge),
(d)
requiring the Commission to make copies of entries available on
request, and on payment of a reasonable fee, to members of the public,
and
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(e)
excusing licensing authorities, wholly or partly, from compliance with
subsection (1).
Part 10
Gaming Machines
Definitions
35
225
Gaming machine
(1)
In this Act “gaming machine” means a machine which is designed or adapted
for use by individuals to gamble (whether or not it can also be used for other
purposes).
(2)
But—
40
(a)
a domestic or dual-use computer is not a gaming machine by reason
only of the fact that it can be used to participate in remote gambling,

Gambling Bill
Part 10 — Gaming Machines
104

(b)
a telephone or other machine for facilitating communication is not a
gaming machine by reason only of the fact that it may be used to
participate in remote gambling,
(c)
a machine is not a gaming machine by reason only of the fact that it is
designed or adapted for use to bet on real events,
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(d)
a machine is not a gaming machine by reason only of the fact that it
dispenses lottery tickets or otherwise enables a person to enter a lottery
the results of which are neither—
(i)
determined by the machine, nor
(ii)
announced by being displayed by the machine,
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(e)
a machine is not a gaming machine if—
(i)
it is designed or adapted for the playing of bingo, and
(ii)
it is used in accordance with a condition attached to a bingo
operating licence under section 75 by virtue of section 83(2)(b),
and
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(f)
a machine is not a gaming machine by reason only of the fact that it is
designed or adapted to be—
(i)
controlled or operated by an individual employed or concerned
in arranging for others to play a real game of chance, or
(ii)
used in connection with a real game of chance the arrangements
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for which are controlled or operated by an individual.
(3)
Despite subsection (2)(f), a machine is a gaming machine if—
(a)
it is designed or adapted to enable individuals to play a real game of
chance,
(b)
its design or adaptation is such that it does not require to be controlled
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or operated by a person employed or concerned in arranging for others
to play the game, and
(c)
it is not designed or adapted for use in connection with a game the
arrangements for which are controlled or operated by an individual.
(4)
In this Act—
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(a)
a reference to a machine is a reference to any apparatus which uses or
applies mechanical power, electrical power or both,
(b)
a reference to a part of a gaming machine—
(i)
includes a reference to any computer software designed or
adapted for use in a gaming machine, but
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(ii)
does not include a reference to a component of a gaming
machine which does not influence the outcome of a game,
(c)
a reference to installing a part of a gaming machine includes a reference
to installing computer software for the purpose of altering the
operation of a gaming machine,
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(d)
a reference to adapting a gaming machine includes a reference to
adapting a machine so that it becomes a gaming machine, and
(e)
“domestic computer” and “dual-use” computer shall have the
meanings assigned by the Secretary of State by regulations.
(5)
Regulations under subsection (4)(e) may, in particular, make provision by
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reference to—
(a)
the location of a computer,
(b)
the purposes for which a computer is used,
(c)
the circumstances in which a computer is used,

Gambling Bill
Part 10 — Gaming Machines
105

(d)
the software installed on a computer, or
(e)
any other matter.
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Gaming machines: Categories A to D
(1)
The Secretary of State shall make regulations defining four classes of gaming
machine for the purposes of this Act (to be known as Categories A, B, C, and
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D).
(2)
Regulations under subsection (1) shall—
(a)
divide Category B into sub-categories, and
(b)
make provision for determining to which sub-category (or sub-
categories) of Category B a reference in this Act to Category B shall be
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treated as referring.
(3)
Regulations under subsection (1) shall operate by reference to the nature of the
facilities for gambling provided by the machine.
(4)
Regulations under subsection (1) may, in particular, make provision by
reference to—
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(a)
amounts paid in respect of the use of a machine;
(b)
the value of prizes;
(c)
the nature of prizes;
(d)
the premises where a machine is used.
(5)
Regulations under subsection (1) may identify matters (whether or not
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addressed by other provisions of the regulations) as to which a condition may
not be attached to an operating licence or to a premises licence.
(6)
In accordance with regulations under subsection (1) a machine may change
category as a result of a change of the mechanism, or the loading or removal of
software, which alters the nature of the facilities for gambling provided by the
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machine.
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Adult gaming centre
In this Act “adult gaming centre” means premises in respect of which an adult
gaming centre premises licence has effect.
228
Family entertainment centre
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In this Act—
“family entertainment centre” means premises (other than an adult
gaming centre) wholly or mainly used for making gaming machines
available for use, and
“licensed family entertainment centre” means premises in respect of
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which a family entertainment centre premises licence has effect.
229
Prize
In this Act “prize” in relation to a gaming machine—
(a)
includes any money, article, right or service won, whether or not
described as a prize, but
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(b)
does not include an opportunity to play the machine again.