Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Schedule 10 — Family Entertainment Centre Gaming Machine Permits
176

      (4)
As soon as is reasonably practicable after granting an application under this
paragraph a licensing authority shall issue a copy of the permit certified by
the authority as a true copy.
      (5)
A copy of a permit issued under this paragraph shall be treated as if it were
the permit.
5
Appeal
22    (1)
The applicant for or holder of a permit may appeal if the licensing
authority—
(a)
reject an application for the issue or renewal of a permit,
(b)
give a notice under paragraph 14, or
10
(c)
give a notice under paragraph 15(1)(b).
      (2)
An appeal under this paragraph must be instituted—
(a)
in the magistrates’ court for a petty sessions area in which the
premises to which the appeal relates are wholly or partly situated,
(b)
by notice of appeal given to the justices’ chief executive, and
15
(c)
within the period of 21 days beginning with the day on which the
appellant or holder receives notice of the decision against which the
appeal is brought.
      (3)
On an appeal the magistrates’ court may—
(a)
dismiss the appeal;
20
(b)
substitute for the decision appealed against any decision that the
licensing authority could have made (with effect from such date and
on such transitional or other terms as the court may specify);
(c)
restore a permit (with effect from such date and on such transitional
or other terms as the court may specify);
25
(d)
remit the case to the licensing authority to decide in accordance with
a direction of the court;
(e)
make an order about costs.
      (4)
Sub-paragraph (1) applies to a decision of a licensing authority following
remittal under sub-paragraph (3)(d).
30
      (5)
In relation to premises in Scotland—
(a)
sub-paragraph (2)(a) shall have effect as if it referred to a sheriff
within whose sheriffdom the premises are wholly or partly situated,
(b)
sub-paragraph (2)(b) shall not have effect,
(c)
the reference in sub-paragraph (3) to the magistrates’ court shall
35
have effect as a reference to the sheriff, and
(d)
the reference in sub-paragraph (3) to costs shall have effect as a
reference to expenses.
Register
23    (1)
A licensing authority shall—
40
(a)
maintain a register of permits issued by the authority together with
such other information as may be prescribed,
(b)
make the register and information available for inspection by
members of the public at all reasonable times, and

Gambling Bill
Schedule 11 — Exempt Lotteries
Part 1 — Incidental Non-commercial Lotteries
177

(c)
make arrangements for the provision of a copy of an entry in the
register, or of information, to a member of the public on request.
      (2)
A licensing authority may refuse to provide a copy of an entry or of
information unless the person seeking it pays a reasonable fee specified by
the authority.
5
      (3)
The Secretary of State may make regulations about—
(a)
the form of the register;
(b)
the manner in which it is maintained.
      (4)
The Secretary of State may make regulations—
(a)
requiring licensing authorities to give to the Commission specified
10
information about permits issued by them;
(b)
requiring the Commission to maintain a register of the information
provided to it under paragraph (a);
(c)
requiring the Commission to grant access to the register to members
of the public (without charge);
15
(d)
requiring the Commission to make copies of entries available on
request, and on payment of a reasonable fee, to members of the
public;
(e)
excusing licensing authorities, wholly or partly, from compliance
with sub-paragraph (1).
20
Vehicles and vessels
24
A permit may not be issued in respect of a vehicle or vessel (or part of a
vehicle or vessel).
Schedule 11
Section 248

Exempt Lotteries
25
Part 1
Incidental Non-commercial Lotteries
The exemption
1     (1)
A lottery is exempt if—
(a)
it is incidental to a non-commercial event within the meaning of
30
paragraph 2 (“the connected event”), and
(b)
the conditions specified in this Part are satisfied.
      (2)
A lottery to which sub-paragraph (1) applies is referred to in this Part as an
incidental non-commercial lottery.
2
An event is non-commercial if no sum raised by the organisers of the event
35
(whether by way of fees for entrance or for participation, by way of
sponsorship, by way of commission from traders or otherwise) is
appropriated for the purpose of private gain.

Gambling Bill
Schedule 11 — Exempt Lotteries
Part 2 — Private Lotteries
178

Deductions from proceeds
3
The promoters of an incidental non-commercial lottery may not deduct from
the proceeds of the lottery more than the prescribed sum in respect of the
cost of the prizes (irrespective of their actual cost).
4
The promoters of an incidental non-commercial lottery may not deduct from
5
the proceeds of the lottery more than the prescribed sum in respect of costs
incurred in organising the lottery (irrespective of the amount of the costs
incurred).
Purpose of lottery
5
An incidental non-commercial lottery must be promoted wholly for a
10
purpose other than that of private gain.
No rollover
6
The arrangements for an incidental non-commercial lottery must not
include a rollover.
Connection between lottery and event
15
7     (1)
No lottery ticket for an incidental non-commercial lottery may be sold or
supplied otherwise than—
(a)
on the premises on which the connected event takes place, and
(b)
while the connected event is taking place.
      (2)
The results of the lottery must be made public while the connected event is
20
taking place.
Interpretation: “prescribed”
8
In this Part “prescribed” means prescribed by the Secretary of State by
regulations.
Part 2
25
Private Lotteries
The exemption
9     (1)
A lottery is exempt if—
(a)
it is a private society lottery, a work lottery or a residents’ lottery
within the meaning of paragraphs 10 to 12, and
30
(b)
the other conditions specified in this Part are satisfied.
      (2)
In this Part a reference to a private lottery is a reference to a private society
lottery, a work lottery or a residents’ lottery.
Private society lottery
10    (1)
A lottery is a private society lottery if—
35
(a)
it is promoted only by authorised members of a society, and

Gambling Bill
Schedule 11 — Exempt Lotteries
Part 2 — Private Lotteries
179

(b)
each person to whom a ticket is sold is either a member of the society
or on premises wholly or mainly used for the administration of the
society or the conduct of its affairs (“society premises”).
      (2)
In this Part “society” means any group or society established and conducted
for purposes not connected with gambling
5
      (3)
In sub-paragraph (1)(a) “authorised” means authorised in writing by the
society or, if it has one, its governing body.
      (4)
In relation to a society which has branches or sections, the reference to a
society in sub-paragraph (1)(a) is a reference to a single branch or section.
Work lottery
10
11    (1)
A lottery is a work lottery if—
(a)
the promoters work on a single set of premises (“the work
premises”), and
(b)
each person to whom a ticket is sold or supplied also works on the
work premises.
15
      (2)
For the purposes of this paragraph a person works on premises if he—
(a)
is employed under a contract of employment to work at or from the
premises,
(b)
undertakes to work at or from the premises (whether or not for
remuneration), or
20
(c)
conducts a business at or from the premises.
Residents’ lottery
12    (1)
A lottery is a residents’ lottery if—
(a)
the promoters live in a single set of premises (“the residential
premises”), and
25
(b)
each person to whom a ticket is sold or supplied also lives in the
residential premises.
      (2)
For the purposes of this paragraph a person lives in premises if he habitually
resides in any part of the premises (whether or not there are other premises
in which he also habitually resides).
30
Purpose of lottery
13    (1)
A private society lottery may be promoted for any of the purposes for which
the society is conducted.
      (2)
A work lottery or residents’ lottery must be organised in such a way as to
ensure that no profits are made.
35
Advertising
14    (1)
No advertisement for a private society lottery may be—
(a)
displayed or distributed except on the society premises, or
(b)
sent to any other premises.
      (2)
No advertisement for a work lottery may be—
40
(a)
displayed or distributed except on the work premises, or

Gambling Bill
Schedule 11 — Exempt Lotteries
Part 3 — Customer lottery
180

(b)
sent to any other premises.
      (3)
No advertisement for a residents’ lottery may be—
(a)
displayed or distributed except on the residential premises, or
(b)
sent to any other premises.
Lottery tickets
5
15
Each ticket in a private lottery must be a document (without prejudice to
section 243).
16    (1)
A ticket in a private lottery may be sold or supplied only by or on behalf of
the promoters.
      (2)
The rights conferred by the sale or supply of a ticket in a private lottery shall
10
not be transferable (and any purported transfer shall be treated by the
promoters of the lottery as being ineffective).
17
Each ticket in a private lottery—
(a)
must state the name and an address of each of the promoters of the
lottery,
15
(b)
must specify the class of persons to whom the promoters are willing
to sell or supply tickets, and
(c)
must explain the condition in paragraph 16(2).
Price
18
The price payable for each ticket in a private lottery—
20
(a)
must be the same,
(b)
must be shown on the ticket, and
(c)
must be paid to the promoters of the lottery before any person is
given the ticket or any right in respect of membership of the class
among whom prizes are to be allocated.
25
No rollover
19
The arrangements for a private lottery must not include a rollover.
Part 3
Customer lottery
The exemption
30
20    (1)
A lottery is exempt if—
(a)
it is promoted by a person (“the promoter”) who occupies premises
in Great Britain in the course of a business (“the business premises”),
(b)
no ticket in the lottery is sold or supplied to a person except at a time
when he is on the business premises as a customer of the promoter,
35
and
(c)
the other conditions of a customer lottery specified in this Part are
satisfied.
      (2)
A lottery to which sub-paragraph (1) applies is referred to in this Part as a
customer lottery.
40

Gambling Bill
Schedule 11 — Exempt Lotteries
Part 3 — Customer lottery
181

      (3)
For the purposes of sub-paragraph (1)(a)—
(a)
it is immaterial whether persons other than the person who occupies
the business premises also perform activities which amount to
promotion of the lottery in accordance with section 242, but
(b)
a reference in this Part to the promoter does not include a reference
5
to any of those other persons.
No profits
21
A customer lottery must be organised in such a way as to ensure that no
profits are made.
Advertising
10
22
No advertisement for a customer lottery may be—
(a)
displayed or distributed except on the business premises, or
(b)
sent to any other premises.
Lottery tickets
23
Each ticket in a customer lottery must be a document (without prejudice to
15
section 243).
24    (1)
A ticket in a customer lottery may be sold or supplied only by or on behalf
of the promoter.
      (2)
The rights conferred by the sale or supply of a ticket in a customer lottery
shall not be transferable (and any purported transfer shall be treated by the
20
promoter of the lottery as being ineffective).
25
Each ticket in a customer lottery—
(a)
must state the name and an address of the promoter of the lottery,
(b)
must specify the class of persons to whom the promoter is willing to
sell or supply tickets, and
25
(c)
must explain the condition in paragraph 24(2).
Price
26
The price payable for each ticket in a customer lottery—
(a)
must be the same,
(b)
must be shown on the ticket, and
30
(c)
must be paid to the promoter of the lottery before any person is given
the ticket or any right in respect of membership of the class among
whom prizes are to be allocated.
Maximum prize
27
It must not be possible for the purchaser of a ticket in a customer lottery to
35
win by virtue of that ticket more than £50 (whether in money, money’s
worth, or partly the one and partly the other).
No rollover
28
The arrangements for a customer lottery must not include a rollover.

Gambling Bill
Schedule 11 — Exempt Lotteries
Part 4 — Small Society Lotteries
182

Frequency
29
A draw in a customer lottery must not take place during a period of seven
days beginning with a previous draw in—
(a)
that customer lottery, or
(b)
another customer lottery promoted on the business premises.
5
Part 4
Small Society Lotteries
The exemption
30    (1)
A lottery is exempt if—
(a)
it is promoted wholly on behalf of a non-commercial society (“the
10
promoting society”),
(b)
it is a small lottery (within the meaning of paragraph 31), and
(c)
the other conditions of a small society lottery specified in this Part are
satisfied.
      (2)
A lottery promoted wholly on behalf of a non-commercial society is referred
15
to in this Part as a small society lottery.
31    (1)
For the purposes of this Part a society lottery is a small lottery unless it is a
large lottery by virtue of any of sub-paragraphs (2) to (5).
      (2)
A society lottery is a large lottery if the arrangements for it are such that its
proceeds may exceed £20,000.
20
      (3)
A society lottery is a large lottery if it is promoted wholly or partly at a time
in a calendar year at which the aggregate of the promoting society’s
proceeds from society lotteries promoted wholly or partly during that year
exceeds £250,000.
      (4)
A society lottery is a large lottery if the arrangements for it are such that
25
(disregarding any other society lottery the sale of tickets for which is not
concluded) it may during its promotion become a large lottery by virtue of
sub-paragraph (3).
      (5)
If a society promotes a lottery that is a large society lottery by virtue of sub-
paragraph (2), (3) or (4) (“the first lottery”), any other society lottery
30
promoted by that society is a large lottery if it is wholly or partly
promoted—
(a)
after the beginning of the promotion of the first lottery and in a
calendar year during which the first lottery is wholly or partly
promoted, or
35
(b)
in any of the three calendar years successively following the last
calendar year during which the first lottery was wholly or partly
promoted.
Promotion
32
A small society lottery may be promoted only—
40
(a)
by members of the promoting society authorised in writing by the
society or, if it has one, its governing body;