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Session 2004 - 05
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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

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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,

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(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

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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

45

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,

10

(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—

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(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.

226     

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.

227     

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

30

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.

 
 

 
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Revised 13 January 2005