Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Part 5 — Operating Licences
36

81
Return of stakes to children
(1)
An operating licence shall by virtue of this section be subject to the condition
that if the licensee becomes aware that a child or young person is using or has
used facilities for gambling provided in reliance on the licence, the licensee—
(a)
must return any money paid in respect of the use of those facilities
5
(whether by way of fee, stake or otherwise) by the child or young
person as soon as is reasonably practicable, and
(b)
may not give a prize to the child or young person.
(2)
But subsection (1) does not apply to—
(a)
the use of a Category D gaming machine, or
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(b)
participation in equal chance gaming at a licensed family entertainment
centre.
(3)
The condition in subsection (1)—
(a)
shall have effect despite any contract or other agreement and despite
any rule of law, and
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(b)
shall not enable a licensee to demand repayment of, and shall not
require a child or young person to return, a prize paid before the
licensee becomes aware that the participant is a child or young person.
(4)
In this section—
(a)
a reference to a licensee includes a reference to anyone employed or
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engaged by a licensee to perform an operational function within the
meaning of section 78, and
(b)
in relation to participation in a lottery or football pools a reference to a
child or young person shall be treated as a reference only to a child.
(5)
In this section “prize” includes both a prize provided by a person organising
25
gambling and winnings of money staked.
82
Premises
(1)
An operating licence—
(a)
may not include a condition (whether attached by virtue of section 73,
75 or 76)—
30
(i)
requiring that the licensed activities be carried on at a specified
place or class of place,
(ii)
preventing the licensed activities from being carried on at a
specified place or class of place, or
(iii)
specifying premises on which the licensed activities may be
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carried on, but
(b)
may include a condition about—
(i)
the number of sets of premises on which the licensed activities
may be carried on;
(ii)
the number of persons for whom facilities may be provided on
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any premises where the licensed activities are carried on.
(2)
An operating licence of any kind may authorise activities carried on in more
than one place.

Gambling Bill
Part 5 — Operating Licences
37

83
Equipment
(1)
A condition attached to an operating licence by virtue of section 73, 75 or 76
may make provision about equipment used in connection with the licensed
activities.
(2)
In particular, a condition attached by virtue of this section may—
5
(a)
make provision about the number of pieces of equipment that may be
used to provide facilities for gambling;
(b)
make provision about the specification of equipment used to provide
facilities for gambling.
(3)
For the purposes of this section “equipment” includes—
10
(a)
a computer,
(b)
a device for the playing of a casino game, and
(c)
any other piece of equipment.
(4)
But a gaming machine is not equipment for the purposes of this section.
84
Gaming machines
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An operating licence may not include a condition (whether attached by virtue
of section 73, 75 or 76)—
(a)
about the number or categories of gaming machine that may be made
available for use in accordance with the licence,
(b)
that contradicts a provision of regulations under section 226, 230 or 231,
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or
(c)
of a kind prohibited by regulations under any of those sections.
85
Membership
An operating licence may not be subject to a condition (whether by virtue of
section 73, 75 or 76)—
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(a)
requiring facilities to be provided by, or used in the course of the
activities of, a club or other body with membership, or
(b)
restricting the provision or use of facilities wholly or partly by reference
to membership of a club or other body.
86
Information
30
(1)
A condition attached to an operating licence by virtue of section 73 or 76 may
require the provision of information of a specified kind to—
(a)
the Commission, or
(b)
another specified person or class of person.
(2)
A condition attached by virtue of this section may, in particular—
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(a)
relate to information about the use made of facilities provided in
accordance with the operating licence;
(b)
require a person to provide any information that he suspects may—
(i)
relate to the commission of an offence under this Act,
(ii)
relate to a breach of a rule applied by a sporting or other body,
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or
(iii)
lead to the making of an order under section 324.

Gambling Bill
Part 5 — Operating Licences
38

Rules for particular kinds of licence
87
Remote operating licence
(1)
This section applies to a remote operating licence.
(2)
A remote licence shall, by virtue of this subsection, be subject to the condition
that remote gambling equipment used by the licensee in connection with the
5
licensed activities must be situated in Great Britain.
(3)
The Commission may establish, or provide for the establishment of, standards
in respect of—
(a)
a system used for the generation of results in a virtual game, virtual
race or other virtual event or process used in the course of remote
10
gambling;
(b)
any other aspect of the process of remote gambling.
(4)
In particular, the Commission may—
(a)
provide for the enforcement of standards by the attachment of
conditions under section 73 or 75;
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(b)
make arrangements with any person for the establishment of
standards;
(c)
make arrangements with any person for the administration of tests of
compliance with standards;
(d)
for the purpose of considering whether a condition under section
20
section 73 or 75 has been complied with, require the licensee under a
remote licence—
(i)
to submit to a test in accordance with arrangements made under
paragraph (c) above, and
(ii)
to produce specified evidence of the result of the test;
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(e)
for the purpose of considering whether to grant an application under
this Part, require a licensee under a remote licence or an applicant for a
remote licence—
(i)
to submit to a test in accordance with arrangements made under
paragraph (c) above, and
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(ii)
to produce specified evidence of the result of the test.
(5)
Standards established under subsection (4) may, in particular, be expressed—
(a)
by reference to the opinion of a specified person or class of persons;
(b)
by reference to a specified process or piece of equipment.
(6)
This section is without prejudice to the generality of sections 73, 75 and 76.
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88
Casino operating licence
(1)
A casino operating licence may be subject to a condition (whether imposed by
virtue of section 73, 75 or 76) restricting the class of casino game that may be
made available.
(2)
A casino operating licence may be subject to a condition imposed by virtue of
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section 73 or 75 specifying rules for the playing of—
(a)
a casino game;
(b)
another game of chance.

Gambling Bill
Part 5 — Operating Licences
39

89
Bingo operating licence
(1)
Regulations under section 76 may provide for the attachment to a bingo
operating licence of a condition—
(a)
limiting amounts that may be staked;
(b)
limiting the amount that may be charged by way of participation fee;
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(c)
limiting the amount or value of a prize or class of prize;
(d)
requiring that at least a specified proportion of stakes be paid out by
way of prizes;
(e)
imposing requirements that are specific to games of bingo played on
more than one set of premises (whether facilities for the game are
10
provided in accordance with one bingo operating licence or more than
one).
(2)
But subject to subsection (1) a bingo operating licence may not be subject to a
condition—
(a)
limiting the amount that may be accepted or charged by way of stakes,
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(b)
limiting the amount that may be charged by way of participation fee,
(c)
restricting the nature of prizes,
(d)
controlling the proportion of stakes paid out by way of prizes,
(e)
preventing the provision of prizes funded other than out of stakes,
(f)
requiring a game of bingo to be played entirely on one set of premises,
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or
(g)
imposing requirements that are specific to games of bingo played on
more than one set of premises (whether facilities for the game are
provided in accordance with one bingo operating licence or more than
one).
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(3)
Regulations by virtue of subsection (1)(b) may, in particular, make different
provision for different kinds of fee.
(4)
Provision made by virtue of subsection (1)(c) may define a class of prize—
(a)
by reference to a game or a number of games,
(b)
by reference to a period of time, or
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(c)
in any other way.
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General betting operating licence
(1)
A general betting operating licence shall, by virtue of this section, be subject to
the condition that bets may be accepted on behalf of the licensee only by—
(a)
the licensee,
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(b)
a person employed by the licensee under a written contract of
employment, or
(c)
the holder of another general betting operating licence.
(2)
A general betting operating licence shall, by virtue of this subsection, contain
an implied term permitting the use of postal services for the making of bets.
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(3)
The effect of the term implied by subsection (2) may not be disapplied or
restricted by a condition attached under section 73, 75 or 76.