Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Part 3 — General offences
18

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Exception: football pools
(1)
A person does not commit an offence under section 36 if he uses premises to do
anything in accordance with an authorisation under section 91(3).
(2)
The Secretary of State may make regulations disapplying subsection (1) to
specified classes of premises.
5
Miscellaneous offences
40
Gambling software
(1)
A person commits an offence if in the course of a business he manufactures,
supplies, installs or adapts gambling software unless he acts in accordance
with an operating licence.
10
(2)
In this Act “gambling software”—
(a)
means computer software for use in connection with remote gambling,
but
(b)
does not include anything for use solely in connection with a gaming
machine.
15
(3)
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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(4)
In the application of subsection (3) to Scotland the reference to 51 weeks shall
have effect as a reference to six months.
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Cheating
(1)
A person commits an offence if he—
(a)
cheats at gambling, or
25
(b)
does anything for the purpose of enabling or assisting another person
to cheat at gambling.
(2)
For the purposes of subsection (1) it is immaterial whether a person who
cheats—
(a)
improves his chances of winning anything, or
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(b)
wins anything.
(3)
Without prejudice to the generality of subsection (1) cheating at gambling may,
in particular, consist of actual or attempted deception or interference in
connection with—
(a)
the process by which gambling is conducted, or
35
(b)
a real or virtual game, race or other event or process to which gambling
relates.
(4)
A person guilty of an offence under this section shall be liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
two years, to a fine or to both, or
40
(b)
on summary conviction, to imprisonment for a term not exceeding 51
weeks, to a fine not exceeding the statutory maximum or to both.

Gambling Bill
Part 3 — General offences
19

(5)
In the application of subsection (4) to Scotland the reference to 51 weeks shall
have effect as a reference to six months.
(6)
Section 17 of the Gaming Act 1845 (c. 109) (winning by cheating) shall cease to
have effect.
42
Chain-gift schemes
5
(1)
A person commits an offence if he—
(a)
invites another to join a chain-gift scheme, or
(b)
knowingly participates in the promotion, administration or
management of a chain-gift scheme.
(2)
An arrangement is a “chain-gift” scheme if—
10
(a)
in order to participate in the arrangement a person must make a
payment to one or more other participants (a “joining fee”), and
(b)
each person who participates in the arrangement—
(i)
is required or invited to invite others to participate, and
(ii)
is encouraged to believe that he will receive the joining fees, or
15
part of the joining fees, of other participants, to an amount in
excess of the joining fee paid by him.
(3)
For the purposes of subsection (2)—
(a)
“payment” means a payment of money or money’s worth, but does not
include the provision of goods or services, and
20
(b)
it is immaterial whether a payment is made directly or through a
person responsible for managing or administering the scheme.
(4)
A person guilty of an offence under this section shall be liable on summary
conviction to—
(a)
imprisonment for a period not exceeding 51 weeks,
25
(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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Provision of unlawful facilities abroad
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(1)
A person commits an offence if he does anything in Great Britain, or uses
remote gambling equipment situated in Great Britain, for the purpose of
inviting or enabling a person in a prohibited territory to participate in remote
gambling.
(2)
In subsection (1) “prohibited territory” means a country or place designated for
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the purpose of this section by order made by the Secretary of State.
(3)
An order under subsection (2) shall prescribe the mode of trial and maximum
penalty for an offence under subsection (1).

Gambling Bill
Part 4 — Protection of children and young persons
20

Part 4
Protection of children and young persons
Interpretation
44
Meaning of “child” and “young person”
(1)
In this Act “child” means an individual who is less than 16 years old.
5
(2)
In this Act “young person” means an individual who is not a child but who is
less than 18 years old.
Principal offences
45
Invitation to gamble
(1)
A person commits an offence if he invites, causes or permits a child or young
10
person to gamble.
(2)
But subsection (1) does not apply in relation to—
(a)
participation in private or non-commercial gaming,
(b)
participation in private or non-commercial betting,
(c)
participation in a lottery,
15
(d)
participation in football pools,
(e)
the use of a Category D gaming machine,
(f)
participation in equal chance gaming in accordance with a prize
gaming permit,
(g)
participation in equal chance gaming at a licensed family entertainment
20
centre,
(h)
participation in prize gaming at a non-licensed family entertainment
centre, or
(i)
participation in prize gaming at a travelling fair in accordance with
section 282.
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(3)
In subsection (1) a reference to inviting a child or young person to gamble
includes, in particular, a reference to intentionally—
(a)
sending to a child or young person any document which advertises
gambling, or
(b)
bringing to the attention of a child or young person information about
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gambling with a view to encouraging the child or young person to
gamble.
(4)
If a document which is sent to a child or young person and which advertises
gambling gives the name or contact details of a person to whom payment may
be made or from whom information may be obtained, that person shall be
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treated as having committed the offence under subsection (1) unless he proves
that the document was sent—
(a)
without his consent, and
(b)
without his authority.
(5)
If information about gambling is brought to the attention of a child or young
40
person and includes the name or contact details of a person to whom payment

Gambling Bill
Part 4 — Protection of children and young persons
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may be made or from whom information may be obtained, that person (“the
advertiser”) shall be treated as having committed the offence under subsection
(1) unless he proves that the information was brought to the attention of the
child or young person—
(a)
without the advertiser’s consent or authority, or
5
(b)
as an incident of the information being brought to the attention of
adults and without a view to encouraging the child or young person to
gamble.
(6)
In subsections (4) and (5) “contact details” means—
(a)
an address or other location,
10
(b)
a telephone number,
(c)
an internet site, or
(d)
an email address.
46
Invitation to enter premises
(1)
A person commits an offence if he invites or permits a child or young person
15
to enter premises if—
(a)
a casino premises licence has effect in respect of the premises, and
(b)
the premises are being used in reliance on that licence when the child
or young person is invited or permitted to enter.
(2)
But subsection (1) does not apply where—
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(a)
a child or young person is permitted to enter a part of premises which
are being used for a regional casino, and
(b)
that part is not being used for the provision of facilities for gambling
when the child or young person is invited or permitted to enter.
(3)
The Secretary of State may for the purposes of subsection (2) by regulations
25
make provision for—
(a)
distinguishing between one part of premises and another;
(b)
determining when use is being made of a part of premises.
(4)
A person commits an offence if he invites or permits a child or young person
to enter premises other than a track if—
30
(a)
a betting premises licence has effect in respect of the premises, and
(b)
the premises are being used in reliance on that licence when the child
or young person is invited or permitted to enter.
(5)
A person commits an offence if he invites or permits a child or young person
to enter premises if—
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(a)
an adult gaming centre premises licence has effect in respect of the
premises, and
(b)
the premises are being used in reliance on that licence when the child
or young person is invited or permitted to enter.
(6)
A person commits an offence if he invites or permits a child or young person
40
to enter an area from which children and young persons are required to be
excluded by virtue of section 174.
(7)
A person commits an offence if he invites or permits a child or young person
to enter part of premises if—
(a)
the premises are a licensed family entertainment centre,
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Gambling Bill
Part 4 — Protection of children and young persons
22

(b)
a person entering that part of the premises has access to a Category C
gaming machine, and
(c)
at the time when the child or young person is permitted or invited to
enter, a Category C gaming machine is being used or is available for
use.
5
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Gambling
(1)
A young person commits an offence if he gambles.
(2)
But subsection (1) does not apply to—
(a)
participation in private or non-commercial gaming,
(b)
participation in private or non-commercial betting,
10
(c)
participation in a lottery,
(d)
participation in football pools,
(e)
the use of a Category D gaming machine,
(f)
participation in equal chance gaming in accordance with a prize
gaming permit,
15
(g)
participation in equal chance gaming at a licensed family entertainment
centre,
(h)
participation in prize gaming at a non-licensed family entertainment
centre, or
(i)
participation in prize gaming at a travelling fair in accordance with
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section 282.
48
Entering premises
A young person commits an offence if he enters premises in circumstances
where a person would commit an offence under section 46 if he invited or
permitted the young person to enter.
25
49
Provision of facilities for gambling
(1)
A young person commits an offence if he provides facilities for gambling.
(2)
But subsection (1) does not apply to the provision of facilities in connection
with—
(a)
private or non-commercial gaming,
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(b)
private or non-commercial betting,
(c)
a lottery,
(d)
football pools, or
(e)
prize gaming at a travelling fair in accordance with section 282.
Employment offences
35
50
Employment to provide facilities for gambling
(1)
A person commits an offence if he employs a child or young person to provide
facilities for gambling.
(2)
But subsection (1) does not apply to the provision of facilities in connection
with—
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Gambling Bill
Part 4 — Protection of children and young persons
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(a)
private or non-commercial gaming,
(b)
private or non-commercial betting,
(c)
a lottery,
(d)
football pools, or
(e)
prize gaming at a travelling fair in accordance with section 282.
5
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Employment for lottery or football pools
A person commits an offence if he employs a child to provide facilities for
gambling in connection with—
(a)
a lottery (other than a lottery which forms part of the National Lottery),
or
10
(b)
football pools.
52
Employment on bingo and club premises
A person commits an offence if he employs a child to perform any function on
premises where, and at a time when—
(a)
facilities are provided for the playing of bingo, or
15
(b)
facilities for gambling are provided in accordance with a club gaming
permit or a club machine permit.
53
Employment on premises with gaming machines
(1)
A person commits an offence if—
(a)
he employs a child or young person to perform any function on
20
premises where a Category A, B, C or D gaming machine is situated,
and
(b)
the child or young person is or may be required in the course of his
employment to perform a function in connection with the gaming
machine.
25
(2)
A young person commits an offence if he is employed in contravention of
subsection (1).
54
Employment in casino, &c.
(1)
A person commits an offence if he employs a child or young person to perform
any function on premises in respect of which any of the following have effect—
30
(a)
a casino premises licence,
(b)
a betting premises licence, and
(c)
an adult gaming centre premises licence.
(2)
But subsection (1) does not apply—
(a)
to employment at a time when no activity is being carried on in reliance
35
on the premises licence, or
(b)
to employment on a part of premises which are being used for a
regional casino at a time when that part is not being used for the
provision of facilities for gambling.
(3)
The Secretary of State may for the purposes of subsection (2) by regulations
40
make provision for—
(a)
distinguishing between one part of premises and another;

Gambling Bill
Part 4 — Protection of children and young persons
24

(b)
determining when use is being made of a part of premises.
(4)
A young person commits an offence if he is employed in contravention of
subsection (1).
Miscellaneous offences
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Invitation to participate in lottery
5
(1)
A person commits an offence if he invites, causes or permits a child to
participate in a lottery other than—
(a)
an incidental non-commercial lottery that is exempt for the purposes of
section 248 by virtue of Part 1 of Schedule 11,
(b)
a private lottery (whether a private society lottery, a work lottery or a
10
residents’ lottery) that is exempt for the purposes of section 248 by
virtue of Part 2 of Schedule 11, or
(c)
a lottery which forms part of the National Lottery.
(2)
Subsections (3) to (6) of section 45 shall have effect in relation to subsection (1)
of this section as they have effect in relation to subsection (1) of that section;
15
and for that purpose—
(a)
references to a child or young person shall be treated as references only
to a child, and
(b)
references to gambling shall be treated as references to participation in
a lottery.
20
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Invitation to participate in football pools
(1)
A person commits an offence if he invites, causes or permits a child to
participate in football pools.
(2)
Subsections (3) to (6) of section 45 shall have effect in relation to subsection (1)
of this section as they have effect in relation to subsection (1) of that section;
25
and for that purpose—
(a)
references to a child or young person shall be treated as references only
to a child, and
(b)
references to gambling shall be treated as references to participation in
football pools.
30
57
Return of stake
A person commits an offence if without reasonable excuse he fails to comply
with a condition attached to an operating licence by virtue of section 81.
58
Age limit for Category D gaming machines
(1)
The Secretary of State may by order create an offence of inviting, causing or
35
permitting a child or young person below a specified age to use a Category D
gaming machine.
(2)
An order under subsection (1) may, in particular—
(a)
apply (with modifications) or include provision similar to section 45(3)
to (6);
40
(b)
make consequential amendments of this Act.