Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Part 12 — Clubs, pubs, fairs, &c.
118

(6)
A club gaming permit shall, by virtue of this subsection, be subject to the
conditions—
(a)
that no child or young person use a Category B or C gaming machine
on the club’s or institute’s premises, and
(b)
that the holder comply with any relevant provision of a code of practice
5
under section 24 about the location and operation of a gaming machine.
263
Section 262: supplementary
(1)
For the purposes of section 262(4)(b) the reference to a deduction or levy in
respect of gaming provided by, on behalf of or by arrangement with a club or
institute is to a deduction or levy made by or on behalf of—
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(a)
the club or institute, or
(b)
a person providing facilities for gaming on behalf of, or by arrangement
with, the club or institute.
(2)
In section 262(4)(c) “the public” means persons other than—
(a)
members of the club or institute,
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(b)
guests of members of the club or institute,
(c)
staff of the club or institute, and
(d)
persons providing services to or for the club or institute.
(3)
For the purposes of section 262(4)(c) and (d) a reference to an area where
gaming is taking place is a reference to any place in which it is possible to
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participate in the gaming.
(4)
For the purposes of section 262(5) and subsection (2) above a person shall not
be treated as the guest of a member if the member extends an invitation—
(a)
having had no previous acquaintance with the person, and
(b)
for the purpose only of enabling the person to take advantage of
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facilities for gaming.
264
Club machine permit
(1)
Sections 36 and 232 shall not apply to making a gaming machine available for
use in accordance with a club machine permit.
(2)
A club machine permit is a permit issued by a licensing authority authorising
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up to three gaming machines, each of which must be of Category B, C or D, to
be made available for use—
(a)
on premises on which a members’ club, a commercial club or a miners’
welfare institute operates, and
(b)
in the course of the activities of the club or institute.
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(3)
A club machine permit held by a members’ club or a miners’ welfare institute
shall, by virtue of this subsection, be subject to the condition that each person
to whom a machine is made available for use in reliance on the permit—
(a)
is a member of the club or institute who applied for membership, was
nominated for membership or became a member, at least 48 hours
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before he uses the machine, or
(b)
is a guest of a member of the club or institute who would be entitled to
use the machine by virtue of paragraph (a).

Gambling Bill
Part 12 — Clubs, pubs, fairs, &c.
119

(4)
A club machine permit shall, by virtue of this subsection, be subject to the
conditions—
(a)
that no child or young person use a Category B or C gaming machine
on the club’s or institute’s premises, and
(b)
that the holder comply with any relevant provision of a code of practice
5
under section 24 about the location and operation of a gaming machine.
(5)
For the purposes of subsection (3)(b) a person shall not be treated as the guest
of a member if the member extends an invitation—
(a)
having had no previous acquaintance with the person, and
(b)
for the purpose only of enabling the person to take advantage of
10
facilities for gaming.
265
Procedure, &c.
Schedule 12 makes further provision about club gaming permits and club
machine permits.
266
Bingo
15
(1)
The disapplication of section 32 by section 260 or 262 shall not apply to high
turnover bingo played during a high turnover period.
(2)
Bingo played in the course of the activities of a club or institute in any period
of seven days is high turnover bingo if—
(a)
the aggregate of stakes at bingo played during the period in the course
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of the activities of the club or institute exceeds £2,000, or
(b)
the aggregate of prizes at bingo played during the period in the course
of the activities of the club or institute exceeds £1,000.
(3)
A high turnover period begins in relation to a club or institute at the end of a
period of seven days during which—
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(a)
the aggregate of stakes at bingo played in the course of the activities of
the club or institute exceeds £1,000, or
(b)
the aggregate of prizes at bingo played in the course of the activities of
the club or institute exceeds £1,000.
(4)
A high turnover period expires at the end of the year beginning with the first
30
day of the period of seven days which caused the high turnover period to
begin.
(5)
A period of seven days any of which is in a high turnover period does not cause
a new high turnover period to begin.
(6)
A club or institute in relation to which a high turnover period begins shall,
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unless the club or institute holds a bingo operating licence, inform the
Commission as soon as is reasonably practicable.
(7)
A club or institute commits an offence if it fails without reasonable excuse to
comply with subsection (6).
(8)
A club or institute guilty of an offence under subsection (7) shall be liable on
40
summary conviction to a fine not exceeding level 3 on the standard scale.
(9)
The Secretary of State may by order vary a monetary amount specified in this
section.

Gambling Bill
Part 12 — Clubs, pubs, fairs, &c.
120

267
Interpretation
In sections 257 to 266—
“prescribed” means prescribed by regulations, and
“regulations” means regulations made by the Secretary of State.
Pubs, &c.
5
268
Alcohol licence
In this Act—
(a)
“alcohol licence” means a premises licence under Part 3 of the Licensing
Act 2003 (c. 17), and
(b)
“on-premises alcohol licence” means a premises licence under that Part
10
which authorises the supply of alcohol for consumption on the licensed
premises.
269
Application of sections 270 to 275
Sections 270 to 275 apply to premises—
(a)
in respect of which an on-premises alcohol licence has effect,
15
(b)
which are used primarily for the supply of alcohol for consumption on
the premises, and
(c)
at a time when alcohol may be supplied in reliance on the alcohol
licence.
270
Exempt gaming
20
(1)
Sections 32 and 36 shall not apply to the provision of facilities for equal chance
gaming which—
(a)
takes place on premises to which this section applies, and
(b)
satisfies the conditions of this section.
(2)
The first condition of gaming for the purposes of subsection (1) is that the
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arrangements for the gaming satisfy the prescribed requirements in relation
to—
(a)
limiting amounts that may be staked, or
(b)
limiting the amount or value of a prize.
(3)
The second condition of gaming for the purposes of subsection (1) is that no
30
amount is deducted or levied from sums staked or won.
(4)
The third condition of gaming for the purposes of subsection (1) is that no
participation fee is charged.
(5)
The fourth condition of gaming for the purposes of subsection (1) is that a game
played on one set of premises is not linked with a game played on another set
35
of premises.
(6)
The fifth condition of gaming for the purposes of subsection (1) is that children
and young persons are excluded from participation.

Gambling Bill
Part 12 — Clubs, pubs, fairs, &c.
121

271
Section 270: supplementary
(1)
In section 270(2) “prescribed” means prescribed by regulations made by the
Secretary of State; and regulations may, in particular, make different provision
for different classes or descriptions of game.
(2)
For the purposes of section 270(5) two games are linked if—
5
(a)
the result of one game is or may be wholly or partly determined by
reference to the result of the other game, or
(b)
the amount or value of a prize available in one game is or may be
wholly or partly determined by reference to the extent of participation
in the other game;
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and if a single game is played partly on one set of premises and partly on
another it shall be treated as two linked games.
272
Bingo
(1)
The disapplication of section 32 by section 270 shall not apply to high turnover
bingo played during a high turnover period.
15
(2)
Bingo played on premises in any period of seven days is high turnover bingo
if—
(a)
the aggregate of stakes at bingo played on the premises during the
period exceeds £1,000, or
(b)
the aggregate of prizes at bingo played on the premises during the
20
period exceeds £1,000.
(3)
A high turnover period begins in relation to premises at the end of a period of
seven days during which—
(a)
the aggregate of stakes at bingo played on the premises exceeds £1,000,
or
25
(b)
the aggregate of prizes at bingo played on the premises exceeds £1,000.
(4)
A high turnover period expires at the end of the year beginning with the first
day of the period of seven days which caused the high turnover period to
begin.
(5)
A period of seven days any of which is in a high turnover period does not cause
30
a new high turnover period to begin.
(6)
The holder of an on-premises alcohol licence for premises in relation to which
a high turnover period begins shall, unless he holds a bingo operating licence,
inform the Commission as soon as is reasonably practicable.
(7)
A person commits an offence if he fails without reasonable excuse to comply
35
with subsection (6).
(8)
A person guilty of an offence under subsection (7) shall be liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
(9)
The Secretary of State may by order vary a monetary amount specified in this
section.
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