|
| |
| |
286 | Exceptions to offences |
| |
(1) | A person does not commit an offence under section 32 by providing facilities |
| |
| |
| |
| 5 |
(2) | Section 36 shall not apply to or in respect of the use of premises to carry on— |
| |
| |
| |
(3) | A person does not commit an offence under section 32 or 36 by making or |
| |
accepting a bet, or by offering to make or accept a bet, if he acts otherwise than |
| 10 |
in the course of a business. |
| |
Non-commercial gaming and betting |
| |
| |
(1) | For the purposes of this Act gaming is non-commercial if it takes place at a non- |
| |
commercial event (whether as an incidental activity or as the principal or only |
| 15 |
| |
(2) | An event is non-commercial if the arrangements for the event are such that no |
| |
part of the proceeds is to be appropriated for the purpose of private gain. |
| |
(3) | For the purposes of subsection (2) the proceeds of an event are— |
| |
(a) | the sums raised by the organisers (whether by way of fees for entrance |
| 20 |
or for participation, by way of sponsorship, by way of commission from |
| |
traders or otherwise), minus |
| |
(b) | amounts deducted by the organisers in respect of costs reasonably |
| |
incurred in organising the event. |
| |
288 | Exceptions to offences |
| 25 |
(1) | A person does not commit an offence under section 32 by providing facilities |
| |
| |
(a) | non-commercial prize gaming which complies with the conditions in |
| |
| |
(b) | non-commercial equal chance gaming which complies with the |
| 30 |
conditions in section 290. |
| |
(2) | Section 36 shall not apply to or in respect of the use of premises to carry on— |
| |
(a) | non-commercial prize gaming which complies with the conditions in |
| |
| |
(b) | non-commercial equal chance gaming which complies with the |
| 35 |
conditions in section 290. |
| |
289 | Conditions for non-commercial prize gaming |
| |
(1) | This section specifies the conditions for non-commercial prize gaming |
| |
mentioned in section 288. |
| |
(2) | The first condition is that players are informed that the purpose of the gaming |
| 40 |
is to raise money for a specified purpose other than that of private gain. |
| |
| |
| |
|
| |
| |
(3) | The second condition is that the arrangements for the gaming are such that the |
| |
profits will be applied for a purpose other than that of private gain. |
| |
(4) | The third condition is that the non-commercial event of which the gaming is |
| |
part does not take place— |
| |
(a) | on premises, other than a track, in respect of which a premises licence |
| 5 |
| |
(b) | on a track at a time when activities are being carried on in reliance on a |
| |
| |
(c) | on premises at a time when activities are being carried on in reliance on |
| |
| 10 |
(5) | The fourth condition is that the gaming is not remote. |
| |
(6) | In this section “profits” in relation to gaming means— |
| |
(a) | the aggregate of amounts— |
| |
(i) | paid by way of stakes, or |
| |
(ii) | otherwise accruing to the person organising the gaming directly |
| 15 |
in connection with it, minus |
| |
(b) | amounts deducted by the person organising the gaming in respect of— |
| |
(i) | the provision of prizes, or |
| |
(ii) | other costs reasonably incurred in organising or providing |
| |
facilities for the gaming. |
| 20 |
290 | Conditions for non-commercial equal-chance gaming |
| |
(1) | This section specifies the conditions for non-commercial equal-chance gaming |
| |
mentioned in section 288. |
| |
(2) | The first condition is that persons participating in the gaming are informed that |
| |
the purpose of the gaming is to raise money for a specified purpose other than |
| 25 |
| |
(3) | The second condition is that the arrangements for the gaming are such that the |
| |
profits will be applied for a purpose other than that of private gain. |
| |
(4) | The third condition is that the arrangements for the gaming ensure compliance |
| |
with regulations of the Secretary of State— |
| 30 |
(a) | limiting amounts staked; |
| |
(b) | limiting participation fees; |
| |
(c) | limiting other amounts paid by a person in connection with the |
| |
| |
(d) | limiting a combination of matters specified in paragraphs (a) to (c); |
| 35 |
(e) | limiting the amount or value of a prize; |
| |
(f) | limiting the aggregate amount or value of prizes. |
| |
(5) | Regulations under subsection (4) may, in particular— |
| |
(a) | make provision by reference to whether or not a game is part of a series; |
| |
(b) | make provision by reference to whether or not the non-commercial |
| 40 |
event of which the gaming is part is associated, as defined by the |
| |
regulations, with another event; |
| |
(c) | limit stakes in relation to a participant in more than one game; |
| |
(d) | make different provision for different kinds of game or for games |
| |
played in different circumstances. |
| 45 |
| |
| |
|
| |
| |
(6) | The fourth condition is that the non-commercial event of which the gaming is |
| |
part does not take place— |
| |
(a) | on premises, other than a track, in respect of which a premises licence |
| |
| |
(b) | on a track at a time when activities are being carried on in reliance on a |
| 5 |
| |
(c) | on premises at a time when activities are being carried on in reliance on |
| |
| |
(7) | The fifth condition is that the gaming is non-remote. |
| |
(8) | In this section “profits” in relation to gaming means— |
| 10 |
(a) | the aggregate of amounts— |
| |
(i) | paid by way of stakes, or |
| |
(ii) | otherwise accruing to the person organising the gaming directly |
| |
in connection with it, minus |
| |
(b) | amounts deducted by the person organising the gaming in respect of— |
| 15 |
(i) | the provision of prizes, or |
| |
(ii) | other costs reasonably incurred in organising or providing |
| |
facilities for the gaming. |
| |
291 | Misusing profits of non-commercial prize gaming |
| |
(1) | This section applies to— |
| 20 |
(a) | non-commercial prize gaming in respect of which a fund-raising |
| |
purpose has been specified as mentioned in section 289(2), and |
| |
(b) | non-commercial equal-chance gaming in respect of which a fund- |
| |
raising purpose has been specified as mentioned in section 290(2). |
| |
(2) | A person commits an offence if he uses any part of the profits of gaming to |
| 25 |
which this section applies for a purpose other than that specified. |
| |
(3) | The reference in subsection (2) to the use of profits includes a reference to |
| |
permitting profits to be used. |
| |
(4) | A person guilty of an offence under this section shall be liable on summary |
| |
| 30 |
(a) | imprisonment for a term not exceeding 51 weeks, |
| |
(b) | a fine not exceeding level 5 on the standard scale, or |
| |
| |
(5) | In the application of subsection (4) to Scotland the reference to 51 weeks shall |
| |
have effect as a reference to six months. |
| 35 |
(6) | In this section “profits” has the same meaning as in sections 289 and 290. |
| |
292 | Non-commercial betting |
| |
For the purposes of this Act a betting transaction is non-commercial betting if |
| |
no party to the transaction— |
| |
(a) | enters it in the course of a business, or |
| 40 |
(b) | holds himself out as being in business in relation to the acceptance of |
| |
| |
| |
| |
|
| |
| |
| |
| |
| |
| |
| 5 |
(a) | may designate employees of the Commission as enforcement officers |
| |
for the purposes of this Act, and |
| |
(b) | may appoint persons other than employees of the Commission as |
| |
enforcement officers for the purposes of this Act. |
| |
(2) | The Commission may pay to or in respect of an enforcement officer who is not |
| 10 |
an employee of the Commission sums by way of or in respect of— |
| |
| |
| |
| |
| 15 |
| |
| |
| |
(a) | “authorised person” has the meaning given by this section, and |
| |
(b) | a reference to an authorised local authority officer is a reference to a |
| 20 |
person who is an authorised person by virtue of subsection (2). |
| |
(2) | An officer of a licensing authority is an authorised person for a purpose |
| |
| |
(a) | the premises are wholly or partly situated in the authority’s area, and |
| |
(b) | the officer is designated by the authority as an authorised person for the |
| 25 |
purposes of this section. |
| |
(3) | An officer of an authority other than a licensing authority is an authorised |
| |
person for a purpose relating to premises if— |
| |
(a) | the authority has statutory functions, for an area in which the premises |
| |
are wholly or partly situated, in relation to minimising or preventing |
| 30 |
the risk of pollution of the environment or of harm to human health, |
| |
| |
(b) | the officer is authorised by the authority for the purpose of exercising |
| |
any of those statutory functions. |
| |
(4) | The following are authorised persons for purposes relating to any premises— |
| 35 |
(a) | an inspector appointed under section 18 of the Fire Precautions Act |
| |
1971 (c. 40) (enforcement), |
| |
(b) | an inspector appointed under section 19 of the Health and Safety at |
| |
Work etc. Act 1974 (c. 37) (inspectors), |
| |
(c) | an inspector or surveyor of ships appointed under section 256 of the |
| 40 |
Merchant Shipping Act 1995 (c. 21) (enforcement), |
| |
(d) | an officer of Her Majesty’s Commissioners of Customs and Excise |
| |
designated by them for the purposes of this section, and |
| |
| |
| |
|
| |
| |
(e) | a person who is within a class prescribed by the Secretary of State by |
| |
| |
| |
| |
(1) | A constable or enforcement officer may enter premises if he reasonably |
| 5 |
suspects that an offence under this Act may be— |
| |
(a) | being committed on the premises, or |
| |
(b) | about to be committed on the premises. |
| |
(2) | A justice of the peace may on the application of a constable or enforcement |
| |
officer issue a warrant authorising a constable or enforcement officer to enter |
| 10 |
premises if the justice of the peace is satisfied— |
| |
(a) | that there are reasonable grounds for suspecting that an offence under |
| |
this Act has been committed on the premises, |
| |
(b) | that there are reasonable grounds for suspecting that evidence of the |
| |
commission of the offence may be found on the premises, and |
| 15 |
(c) | that at least one of the conditions in subsection (3) is satisfied. |
| |
(3) | Those conditions are— |
| |
(a) | that admission to the premises has been refused, |
| |
(b) | that admission to the premises is likely to be refused unless a warrant |
| |
| 20 |
(c) | that the purpose of entry may be frustrated or seriously prejudiced |
| |
unless a constable or enforcement officer arriving at the premises can |
| |
secure immediate entry, and |
| |
(d) | that there is likely to be nobody at the premises capable of granting |
| |
| 25 |
(4) | A warrant may be granted in reliance on subsection (3)(a) or (b) only if the |
| |
justice of the peace is satisfied— |
| |
(a) | that notice has been given to a person occupying the premises, or |
| |
having responsibility for their management, of intent to apply for a |
| |
| 30 |
(b) | that the purpose of entry may be frustrated or seriously prejudiced by |
| |
the giving of notice under paragraph (a). |
| |
(5) | A warrant under subsection (2) shall cease to have effect at the end of the |
| |
period of 28 days beginning with the day of issue. |
| |
296 | Inspection of gambling |
| 35 |
(1) | A constable, enforcement officer or authorised person may enter premises to |
| |
which this section applies for a purpose specified in subsection (3). |
| |
(2) | This section applies to premises if a constable, enforcement officer or |
| |
authorised person reasonably suspects that facilities for gambling other than |
| |
private and non-commercial gaming or betting may be being provided, may be |
| 40 |
about to be provided or have been provided, on the premises. |
| |
(3) | The purposes mentioned in subsection (1) are— |
| |
| |
| |
|
| |
| |
(a) | to discover whether facilities for gambling other than private and non- |
| |
commercial gaming or betting are being provided, are about to be |
| |
provided or have been provided on the premises, |
| |
(b) | to determine whether an operating licence or premises licence is held in |
| |
respect of the provision of facilities for gambling on the premises, and |
| 5 |
(c) | to determine whether facilities are being, will be or have been provided |
| |
in accordance with the terms and conditions of an operating licence or |
| |
| |
297 | Operating licence holders |
| |
(1) | A constable or enforcement officer may enter premises to which this section |
| 10 |
applies for the purpose specified in subsection (3). |
| |
(2) | This section applies to premises which a constable or enforcement officer |
| |
reasonably believes to be used by the holder of an operating licence wholly or |
| |
partly for purposes connected with the licensed activities. |
| |
(3) | The purpose mentioned in subsection (1) is to determine whether the licensed |
| 15 |
activities are being carried on in accordance with the terms and conditions of |
| |
| |
298 | Family entertainment centres |
| |
(1) | A constable, enforcement officer or authorised local authority officer may enter |
| |
premises in respect of which an application has been made for a family |
| 20 |
entertainment centre gaming machine permit for a purpose connected with the |
| |
consideration of the application. |
| |
(2) | A constable, enforcement officer or authorised local authority officer may enter |
| |
premises in respect of which a family entertainment centre gaming machine |
| |
permit has effect for the purpose of determining whether the gaming machines |
| 25 |
used on the premises, and the arrangements for their use, comply with the |
| |
requirements of this Act and regulations under it. |
| |
299 | Premises licensed for alcohol |
| |
(1) | An enforcement officer or an authorised local authority officer may enter |
| |
premises in respect of which an application has been made under Schedule 13 |
| 30 |
for a purpose connected with the consideration of the application. |
| |
(2) | A constable, enforcement officer or authorised local authority officer may enter |
| |
premises in respect of which an on-premises alcohol licence has effect for the |
| |
| |
(a) | determining whether gaming carried on satisfies the conditions in |
| 35 |
| |
(b) | in the case of bingo played on the premises, determining— |
| |
(i) | whether the terms and conditions of any relevant operating |
| |
licence are being complied with; |
| |
(ii) | whether section 272 applies; |
| 40 |
(c) | ascertaining the number and category of gaming machines being made |
| |
available for use on the premises. |
| |
| |
| |
|
