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30 | Consultation with National Lottery Commission |
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(1) | If in the course of the exercise of its functions the Gambling Commission |
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becomes aware of a matter about which the National Lottery Commission is |
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likely to have an opinion, the Gambling Commission shall consult the National |
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(2) | The Gambling Commission shall comply with any direction of the Secretary of |
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State (which may be general or specific) to consult the National Lottery |
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31 | Consultation with Commissioners of Customs and Excise |
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(1) | If in the course of the exercise of its functions the Gambling Commission |
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becomes aware of a matter about which the Commissioners of Customs and |
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Excise are likely to have an opinion, the Gambling Commission shall consult |
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the Commissioners of Customs and Excise. |
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(2) | The Gambling Commission shall comply with any direction of the Secretary of |
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State (which may be general or specific) to consult the Commissioners of |
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Provision of facilities for gambling |
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32 | Provision of facilities for gambling |
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(1) | A person commits an offence if he provides facilities for gambling unless— |
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(a) | an exception provided for in subsection (2) or (3) applies, or |
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(b) | an exception provided for by any of the following provisions applies— |
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(ii) | sections 260 and 262 (clubs and miners’ welfare institutes), |
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(iii) | section 270 (premises with alcohol licence), |
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(iv) | sections 279, 280 and 282 (prize gaming), |
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(v) | section 286 (private gaming and betting), and |
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(vi) | section 288 (non-commercial gaming). |
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(2) | Subsection (1) does not apply to any activity by a person if— |
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(a) | he holds an operating licence authorising the activity, and |
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(b) | the activity is carried on in accordance with the terms and conditions of |
| |
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(3) | Subsection (1) does not apply to any activity by a person if— |
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(a) | he acts in the course of a business carried on by a person who holds an |
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operating licence authorising the activity, and |
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(b) | the activity is carried on in accordance with the terms and conditions of |
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(4) | A person guilty of an offence under this section shall be liable on summary |
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(a) | imprisonment for a term not exceeding 51 weeks, |
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|
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|
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(b) | a fine not exceeding level 5 on the standard scale, or |
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(5) | In the application of subsection (4) to Scotland the reference to 51 weeks shall |
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have effect as a reference to six months. |
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Section 32 shall not apply to the provision of facilities for a lottery. |
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34 | Exception: gaming machines |
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Section 32 shall not apply to making a gaming machine available for use. |
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35 | Territorial application |
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(1) | For the purposes of section 32 it is immaterial whether facilities are provided— |
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(a) | wholly or partly by means of remote communication; |
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(b) | subject to subsections (2) and (3), inside the United Kingdom, outside |
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the United Kingdom, or partly inside and partly outside. |
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(2) | Section 32 applies to the provision of facilities for non-remote gambling only if |
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anything done in the course of the provision of the facilities is done in Great |
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(3) | Section 32 applies to the provision of facilities for remote gambling only if at |
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least one piece of remote gambling equipment used in the provision of the |
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facilities is situated in Great Britain (but whether or not the facilities are |
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provided for use wholly or partly in the United Kingdom). |
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(4) | In this Act “remote gambling equipment” means, subject to subsection (5), |
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electronic or other equipment used by or on behalf of a person providing |
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facilities for remote gambling— |
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(a) | to register a person’s participation in the gambling, |
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(b) | to present, to persons who are participating or may participate in the |
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gambling, a virtual game, virtual race or other virtual event or process |
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by reference to which the gambling is conducted, |
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(c) | to determine all or part of a result or of the effect of a result, or |
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(d) | to accept payment in respect of gambling. |
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(5) | In this Act “remote gambling equipment” does not include a computer |
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(a) | is used by a person to take advantage of remote gambling facilities |
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provided by another person, and |
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(b) | is not provided by that other person. |
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(1) | A person commits an offence if he uses premises, or causes or permits premises |
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(b) | provide facilities for the playing of bingo, |
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|
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|
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(c) | make a gaming machine available for use, |
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(d) | provide other facilities for gaming, or |
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(e) | provide facilities for betting (whether by making or accepting bets, by |
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acting as a betting intermediary or by providing other facilities for the |
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making or accepting of bets). |
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(2) | Subsection (1) does not apply in relation to the use of premises by a person if |
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the use is authorised by a premises licence held by him. |
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(3) | Subsection (1) does not apply in relation to the use of premises by a person if |
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he acts in the course of a business carried on by another person who holds a |
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premises licence authorising the use. |
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(4) | Subsection (1) does not apply in relation to the use of a track by a person for |
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accepting bets if the use is authorised by a premises licence (whether or not |
| |
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(5) | Subsection (1) does not apply in relation to the use of a casino for the provision |
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of facilities for bingo or betting in accordance with an authorisation under |
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(6) | Subsection (1) does not apply in relation to the use of premises to provide |
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facilities which are to be used only by persons who— |
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(a) | are acting in the course of a business, or |
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(b) | are not on the premises. |
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(7) | Other exceptions to subsection (1) are provided in— |
| |
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(b) | section 205 (temporary use notice), |
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(c) | sections 237, 238 and 239 (gaming machines), |
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(d) | sections 260, 262 and 264 (clubs and miners’ welfare institutes), |
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(e) | sections 270, 273 and 274 (premises with alcohol licence), |
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(f) | section 276 (travelling fairs), |
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(g) | sections 279, 280 and 282 (prize gaming), |
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(h) | section 286 (private gaming and betting), and |
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(i) | section 288 (non-commercial gaming). |
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(8) | A person guilty of an offence under this section shall be liable on summary |
| |
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(a) | imprisonment for a term not exceeding 51 weeks, |
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(b) | a fine not exceeding level 5 on the standard scale, or |
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(9) | In the application of subsection (8) to Scotland the reference to 51 weeks shall |
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have effect as a reference to six months. |
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37 | Power to amend section 36 |
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(1) | The Secretary of State may by order amend section 36(1) so as to— |
| |
(a) | add a gambling activity, |
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(b) | remove a gambling activity, or |
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(c) | vary the entry for a gambling activity. |
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(2) | In subsection (1) “gambling activity” means an activity that is— |
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(a) | a kind of gambling, or |
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|
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|
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|
(b) | the provision of facilities for a kind of gambling. |
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(3) | In particular, an order under subsection (1) may have the effect of applying |
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section 36(1) to betting of the kind referred to in section 10(1) subject to any |
| |
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(4) | An order under subsection (1) may, in particular, make consequential |
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| |
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(b) | another provision of Part 8; |
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(c) | any provision of this Act, or of another enactment, that relates to Part 8. |
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38 | Exception: occasional use notice |
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(1) | A person who accepts bets on a track, or who causes or permits premises to be |
| |
used for the acceptance of bets, does not commit an offence under section 36 |
| |
| |
(a) | a notice has been given under this section in respect of the track, and |
| |
(b) | the activity is carried on in accordance with the notice. |
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(2) | A notice under this section (an “occasional use notice”) in respect of a track may |
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be given only by a person who is— |
| |
(a) | responsible for the administration of events on the track, or |
| |
(b) | an occupier of the track. |
| |
(3) | An occasional use notice must— |
| 20 |
(a) | be given in writing to the licensing authority for any area in which the |
| |
track is wholly or partly situated, and |
| |
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(i) | in England and Wales, the chief officer of police for any area in |
| |
which the track is wholly or partly situated, or |
| 25 |
(ii) | in Scotland, the chief constable of the police force maintained |
| |
for the police area comprising that area. |
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(4) | An occasional use notice must specify a day on which it has effect. |
| |
(5) | An occasional use notice may not be given in respect of a track for a day in a |
| |
calendar year if eight occasional use notices have been given in respect of that |
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track for days in that year. |
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(a) | “chief officer of police” has the meaning given by section 101(1) of the |
| |
Police Act 1996 (c. 16), and |
| |
(b) | a reference to a chief officer’s area is a reference to the area in respect of |
| 35 |
which he has responsibility under that Act. |
| |
(7) | The Secretary of State may by order amend subsection (5) so as to substitute a |
| |
different maximum number of occasional use notices for a calendar year. |
| |
(8) | An order under subsection (7) increasing the maximum number of occasional |
| |
use notices for a calendar year may also make provision prohibiting the giving |
| 40 |
of a temporary use notice in a calendar year in respect of premises if a specified |
| |
number of occasional use notices have been given in respect of the premises in |
| |
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