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273 | Gaming machines: automatic entitlement |
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(1) | Sections 36 and 232 shall not apply to making one or two gaming machines, |
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each of which is of Category C or D, available for use on premises to which this |
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section applies, provided that the conditions in subsection (2) are satisfied. |
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(2) | The conditions are that the person who holds the on-premises alcohol licence |
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sends the licensing authority— |
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(a) | written notice of his intention to make gaming machines available for |
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use in reliance on subsection (1), and |
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(3) | In this section “prescribed” means prescribed by regulations made by the |
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274 | Pub gaming machine permits |
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(1) | A person does not commit an offence under section 36 or 232 if he makes a |
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gaming machine of Category C or D available in accordance with a pub gaming |
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(2) | A pub gaming machine permit is a permit issued by a licensing authority |
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authorising a person to make gaming machines of Category C or D (or both) |
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available for use on premises to which this section applies. |
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(3) | Schedule 13, which makes further provision about pub gaming machine |
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permits, shall have effect. |
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(1) | A licensing authority may make an order disapplying section 270 or section |
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273(1) to specified premises. |
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(2) | Before making an order under subsection (1) a licensing authority shall— |
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(a) | give the holder of the on-premises alcohol licence (“the licensee”) at |
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least 21 days’ notice of the authority’s intention to consider making an |
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(b) | consider any representations made by the licensee, |
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(c) | hold a hearing if the licensee requests one, and |
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(d) | comply with any prescribed requirements for the procedure to be |
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followed in considering whether to make an order. |
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(3) | If a licensing authority make an order under subsection (1), they shall as soon |
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as is reasonably practicable give the licensee— |
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(a) | a copy of the order, and |
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(b) | written reasons for the decision to make the order. |
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(4) | A licensee may appeal against the making of an order under subsection (1). |
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(5) | An appeal under subsection (4) must be instituted— |
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(a) | in the magistrates’ court for a petty sessions area in which the premises |
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to which the appeal relates are wholly or partly situated, |
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(b) | by notice of appeal given to the justices’ chief executive, and |
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(c) | within the period of 21 days beginning with the day on which the |
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appellant receives a copy of the order against which the appeal is |
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(6) | On an appeal the magistrates’ court may— |
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(b) | allow the appeal and quash the order made by the licensing authority; |
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(c) | make an order about costs. |
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(7) | In relation to premises in Scotland— |
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(a) | subsection (5)(a) shall have effect as if it referred to a sheriff within |
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whose sheriffdom the premises are wholly or partly situated, |
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(b) | subsection (5)(b) shall not have effect, |
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(c) | the reference in subsection (6) to the magistrates’ court shall have effect |
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as a reference to the sheriff, and |
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(d) | the reference in subsection (6)(c) to costs shall have effect as a reference |
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(8) | In this section, “prescribed” means prescribed by regulations made by the |
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276 | Interpretation: travelling fair |
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For the purposes of this Act— |
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(a) | “fair” means a fair consisting wholly or principally of the provision of |
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(b) | a fair held on a day in a calendar year is a “travelling fair” if provided— |
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(i) | wholly or principally by persons who travel from place to place |
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for the purpose of providing fairs, and |
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(ii) | at a place no part of which has been used for the provision of a |
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fair on more than 27 days in that calendar year. |
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A person does not commit an offence under section 36 or 232 if— |
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(a) | he makes one or more Category D gaming machines available for use |
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at a travelling fair, and |
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(b) | facilities for gambling (whether by way of gaming machine or |
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otherwise) amount together to no more than an ancillary amusement at |
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278 | Meaning of “prize gaming” |
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Gaming is prize gaming for the purposes of this Act if neither the nature nor |
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the size of a prize played for is determined by reference to— |
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(a) | the number of persons playing, |
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(b) | the amount staked or raised by the gaming, or |
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(c) | any other matter relating to the progress or outcome of a game. |
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(1) | A person does not commit an offence under section 32 or 36 by providing |
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facilities for prize gaming if— |
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(a) | the gaming satisfies the conditions specified in section 283, and |
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(b) | the facilities are provided in accordance with a prize gaming permit. |
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(2) | A prize gaming permit is a permit issued by a licensing authority authorising |
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a person to provide facilities for gaming with prizes on specified premises. |
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(3) | Schedule 14 makes further provision about prize gaming permits. |
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280 | Gaming and entertainment centres |
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(1) | A person does not commit an offence under section 32 or 36 by providing |
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facilities for prize gaming if— |
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(a) | the gaming satisfies the conditions specified in section 283, and |
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(b) | the facilities are provided in— |
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(i) | an adult gaming centre, or |
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(ii) | a licensed family entertainment centre. |
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(2) | A person does not commit an offence under section 32 or 36 by providing |
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facilities for equal chance prize gaming if— |
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(a) | the gaming satisfies the conditions specified in section 283, and |
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(b) | the facilities are provided on premises in respect of which a family |
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entertainment centre gaming machine permit has effect. |
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(1) | A person does not commit an offence under section 32 or 36 by providing |
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facilities for prize gaming in premises in respect of which a bingo premises |
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(2) | A condition may be attached under section 73 or 76 to an operating licence so |
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(a) | to prevent facilities for a specified description of game from being |
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provided in reliance on subsection (1), or |
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(b) | to provide for subsection (1) to apply, whether generally or only in |
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connection with a specified description of game, subject to specified |
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conditions or only in specified circumstances. |
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(3) | A condition attached under section 76 by virtue of subsection (2) above may, in |
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particular, relate to a matter listed in section 89(1). |
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(4) | Subsection (1) may not be disapplied or modified— |
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(a) | by way of a condition attached to an operating licence under section 75, |
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(b) | by way of a condition attached to a premises licence under section 162, |
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A person does not commit an offence under section 32 or 36 by providing |
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facilities for equal chance prize gaming if— |
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(a) | the gaming satisfies the conditions specified in section 283, |
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(b) | the facilities are provided at a travelling fair, and |
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(c) | facilities for gambling (in whatever form) amount together to no more |
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than an ancillary amusement at the fair. |
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283 | Conditions for prize gaming |
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(1) | This section specifies the conditions mentioned in sections 279(1), 280(1) and |
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(2) and 282 for prize gaming. |
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(2) | The first condition is compliance with such limits as may be prescribed in |
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respect of participation fees (and those limits may, in particular, relate to |
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players, games or a combination). |
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(3) | The second condition is that— |
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(a) | all the chances to participate in a particular game must be acquired or |
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allocated on one day and in the place where the game is played, |
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(b) | the game must be played entirely on that day, and |
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(c) | the result of the game must be made public— |
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(i) | in the place where the game is played, and |
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(ii) | as soon as is reasonably practicable after the game ends, and in |
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any event on the day on which it is played. |
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(4) | The third condition is that the prize for which a game is played, or the |
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aggregate of the prizes for which a game is played— |
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(a) | where all the prizes are money, must not exceed the prescribed amount, |
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(b) | in any other case, must not exceed the prescribed value. |
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(5) | The fourth condition is that participation in the game by a person does not |
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entitle him or another person to participate in any other gambling (whether or |
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not he or the other person would also have to pay in order to participate in the |
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(6) | In this section “prescribed” means prescribed by regulations made by the |
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284 | Power to restrict exemptions |
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The Secretary of State may by order provide for sections 279, 280 and 282 not |
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to have effect in relation to prize gaming of a specified description. |
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Private and Non-Commercial Gaming and Betting |
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Private gaming and betting |
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Schedule 15 (which defines private gaming and betting) shall have effect. |
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