Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Part 3 — General offences
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Consultation with National Lottery Commission
(1)
If in the course of the exercise of its functions the Gambling Commission
becomes aware of a matter about which the National Lottery Commission is
likely to have an opinion, the Gambling Commission shall consult the National
Lottery Commission.
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(2)
The Gambling Commission shall comply with any direction of the Secretary of
State (which may be general or specific) to consult the National Lottery
Commission.
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Consultation with Commissioners of Customs and Excise
(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
Excise are likely to have an opinion, the Gambling Commission shall consult
the Commissioners of Customs and Excise.
(2)
The Gambling Commission shall comply with any direction of the Secretary of
State (which may be general or specific) to consult the Commissioners of
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Customs and Excise.
Part 3
General offences
Provision of facilities for gambling
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Provision of facilities for gambling
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(1)
A person commits an offence if he provides facilities for gambling unless—
(a)
an exception provided for in subsection (2) or (3) applies, or
(b)
an exception provided for by any of the following provisions applies—
(i)
sections 33 and 34,
(ii)
sections 260 and 262 (clubs and miners’ welfare institutes),
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(iii)
section 270 (premises with alcohol licence),
(iv)
sections 279, 280 and 282 (prize gaming),
(v)
section 286 (private gaming and betting), and
(vi)
section 288 (non-commercial gaming).
(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
(b)
the activity is carried on in accordance with the terms and conditions of
the licence.
(3)
Subsection (1) does not apply to any activity by a person if—
(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
(b)
the activity is carried on in accordance with the terms and conditions of
the licence.
(4)
A person guilty of an offence under this section shall be liable on summary
conviction to—
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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
(c)
both.
(5)
In the application of subsection (4) to Scotland the reference to 51 weeks shall
have effect as a reference to six months.
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Exception: lotteries
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Section 32 shall not apply to the provision of facilities for a lottery.
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Exception: gaming machines
Section 32 shall not apply to making a gaming machine available for use.
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Territorial application
(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;
(b)
subject to subsections (2) and (3), inside the United Kingdom, outside
the United Kingdom, or partly inside and partly outside.
(2)
Section 32 applies to the provision of facilities for non-remote gambling only if
anything done in the course of the provision of the facilities is done in Great
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Britain.
(3)
Section 32 applies to the provision of facilities for remote gambling only if at
least one piece of remote gambling equipment used in the provision of the
facilities is situated in Great Britain (but whether or not the facilities are
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),
electronic or other equipment used by or on behalf of a person providing
facilities for remote gambling—
(a)
to register a person’s participation in the gambling,
(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
by reference to which the gambling is conducted,
(c)
to determine all or part of a result or of the effect of a result, or
(d)
to accept payment in respect of gambling.
(5)
In this Act “remote gambling equipment” does not include a computer
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which—
(a)
is used by a person to take advantage of remote gambling facilities
provided by another person, and
(b)
is not provided by that other person.
Use of premises
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Use of premises
(1)
A person commits an offence if he uses premises, or causes or permits premises
to be used, to—
(a)
operate a casino,
(b)
provide facilities for the playing of bingo,
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(c)
make a gaming machine available for use,
(d)
provide other facilities for gaming, or
(e)
provide facilities for betting (whether by making or accepting bets, by
acting as a betting intermediary or by providing other facilities for the
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
the use is authorised by a premises licence held by him.
(3)
Subsection (1) does not apply in relation to the use of premises by a person if
he acts in the course of a business carried on by another person who holds a
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
accepting bets if the use is authorised by a premises licence (whether or not
held by him).
(5)
Subsection (1) does not apply in relation to the use of a casino for the provision
of facilities for bingo or betting in accordance with an authorisation under
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section 169(3).
(6)
Subsection (1) does not apply in relation to the use of premises to provide
facilities which are to be used only by persons who—
(a)
are acting in the course of a business, or
(b)
are not on the premises.
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(7)
Other exceptions to subsection (1) are provided in—
(a)
sections 38 and 39,
(b)
section 205 (temporary use notice),
(c)
sections 237, 238 and 239 (gaming machines),
(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),
(f)
section 276 (travelling fairs),
(g)
sections 279, 280 and 282 (prize gaming),
(h)
section 286 (private gaming and betting), and
(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
conviction to—
(a)
imprisonment for a term not exceeding 51 weeks,
(b)
a fine not exceeding level 5 on the standard scale, or
(c)
both.
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(9)
In the application of subsection (8) to Scotland the reference to 51 weeks shall
have effect as a reference to six months.
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Power to amend section 36
(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
(c)
vary the entry for a gambling activity.
(2)
In subsection (1) “gambling activity” means an activity that is—
(a)
a kind of gambling, or

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(b)
the provision of facilities for a kind of gambling.
(3)
In particular, an order under subsection (1) may have the effect of applying
section 36(1) to betting of the kind referred to in section 10(1) subject to any
specified exceptions.
(4)
An order under subsection (1) may, in particular, make consequential
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amendment of—
(a)
section 146;
(b)
another provision of Part 8;
(c)
any provision of this Act, or of another enactment, that relates to Part 8.
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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
if—
(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
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—
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(a)
be given in writing to the licensing authority for any area in which the
track is wholly or partly situated, and
(b)
be copied to either—
(i)
in England and Wales, the chief officer of police for any area in
which the track is wholly or partly situated, or
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(ii)
in Scotland, the chief constable of the police force maintained
for the police area comprising that area.
(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.
(6)
In this section—
(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
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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
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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
that year.