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Amendments to the Gambling Bill

Gambling Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 7

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 3, line 42, at end insert—
"(   )  In this Act "casino premises" means premises in respect of which a casino premises licence has been granted under section 148(1)(a)."
Page 4, line 5, leave out subsection (4) and insert—
"(4)  The Secretary of State and the Gambling Commission shall consult with HM Customs and Excise to ensure that gaming duty is levied as a percentage of gross gaming yield for all casinos and that profits bandings are set on a progressive basis through regulations."
Page 4, line 6, after "of" insert "casino"
Page 4, line 15, leave out paragraph (d) and insert—
"(d)  sub-small casinos previously licensed under the Gaming Act 1968 (c. 65)"
 

Clause 23

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 10, line 35, at end insert—
"(   )  In performing their duties for the purposes of this section, the Commission must have regard in all cases, to—
(a)  the principles under which regulatory activities shall be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed; and
(b)  any other principles appearing to the Commission to represent best regulatory practice.
(   )  In reviewing their functions under this section, it shall be the duty of the Commission—
(a)  to have regard to the extent to which the matters under section 1 to further or to secure are already furthered or secured, or are likely to be furthered or secured, by effective self-regulation or co-regulation; and
(b)  in the light of that, to consider to what extent it would be appropriate to remove or reduce regulatory burdens imposed by the Commission.
(   )  In determining whether, for the purposes of this section, encouraging procedures for self-regulation or co-regulation are desirable and effective, the Commission must consider, in particular—
(a)  whether those procedures are administered by a person who is sufficiently independent of the persons who may be subjected to the procedures;
(b)  whether a person represents an existing, established means of regulation; and
(c)  whether adequate arrangements are in force for funding the activities of that person."
 

Clause 35

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 15, line 24, leave out "register a person's participation" and insert "verify the identity of a person who wishes to participate"
Page 15, line 28, leave out "determine all or part of a result or" and insert "adjudicate, select and settle all or part of a result of the effect of a result excluding facilities whereby participants in equal chance gaming may settle all or part of a result"
Page 15, line 29, leave out "gambling" and insert "any gambling transaction, excluding the provisions of such facilities in Great Britain by any entity or person authorised to do so under the Financial Services and Markets Act 2000 (c. 8), and payment of profits or dividends to any entity or person in Great Britain that relate to a remote gambling business"
 

After Clause 39

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Insert the following new Clause—
  "Age verification for remote gambling
(1)  Where a person charged with an offence under this Part of inviting or permitting a child to gamble by reason only of the child having established an account with that person by means of which remote gambling might be conducted, it is a defence for the person charged that—
(a)  no funds have been deposited into that account;
(b)  no gambling has taken place by means of the account, nor could take place without the deposit of funds;
(c)  procedures existed by means of which all reasonable steps to determine the individual's age would have been taken as soon as that individual attempted to deposit funds into the account; and
(d)  such procedures would have prevented the deposit of such funds unless he reasonably believed that the individual was not a child.
(2)  Where a person is charged with an offence under this Part of inviting or permitting a young person to gamble by reason only of that young person having established an account with that person by means of which remote gambling might be conducted, it is a defence for the person charged that—
(a)  no funds have been deposited into that account;
(b)  no gambling has taken place by means of the account, nor could take place without the deposit of funds;
(c)  procedures existed by means of which all reasonable steps to determine the individual's age would have been taken as soon as that individual attempted to deposit funds into the account; and
(d)  such procedures would have prevented the deposit of such funds unless he reasonably believed that the individual was not a child."
 

Clause 41

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 18, line 24, leave out subsection (1) and insert—
"(1)  A person commits the offence of cheating at gambling if he—
(a)  alters or interferes with the element of chance in a game or the determination of the outcome, wagers or payments in a game,
(b)  enables or assists another person to alter or interfere with the element of chance in a game or the determination of the outcome, wagers or payments in a game, or
(c)  attempts to carry out either in paragraph (a) or (b) above."
 

Clause 58

 

THE BARONESS BUSCOMBE
THE LORD LUKE

 The above-named Lords give notice of their intention to oppose the Question that Clause 58 stand part of the Bill.
 

Clause 62

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 25, line 38, at end insert—
"(3)  Where the offence is committed in a casino, a person charged with an offence under this Part of doing anything in relation to an individual who is a child or a young person, is also committing an offence under section 165."
 

Clause 87

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 38, line 14, leave out subsection (2) and insert—
"(   )  A remote licence shall by virtue of this subsection, be subject to the conditions that remote gambling equipment as defined in section 35(4)(c) used by the licensee in connection with the licensed activities must be situated in Great Britain, provided that if the licensee elects to locate all or some remote gambling equipment as defined in section 35(4)(a), (b) and (d) used in connection with licensed activities, outside Great Britain, its licence will be subject to such additional rights to audit access and inspect the remote gambling equipment located outside Great Britain as the Commission deems appropriate."
 

Clause 97

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 45, line 39, at end insert—
"(   )  The Commission shall review the monetary limits laid out in subsection (3) on a triennial basis."
 

Clause 148

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 66, line 37, at end insert ", and
(d)  a "sub-small casino premises license" if it relates to a sub-small casino previously licensed under the Gaming Act 1968 (c. 65)"
 

Clause 149

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 67, line 14, at end insert ", and
(i)  specify an area (being all or part of the casino premises) for the purposes of section 165(4) in relation to those casino premises ("a designated gaming area") and identify the same upon or by reference to the plan to be included under paragraph (g) above"
 

Clause 165

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 75, line 17, at end insert—
"(4)  Each casino premises licence shall by virtue of this subsection be subject to the mandatory conditions that the licensee—
(a)  shall not operate gaming tables or gaming machines of Category A or B outside a designated gaming area prescribed in relation to the relevant casino premises under section 149(1)(i);
(b)  shall not permit any person other than the licensee or a person employed by the licensee to perform any function within the casino to enter a designated gaming area whilst the same is being used in reliance of the casino premises licence without the production at the entrance thereto of satisfactory evidence of identity; and
(c)  shall maintain a condition of door supervision in respect of the designated gaming area at all times whilst the same is being used in reliance of the casino premises licence.
(5)  Regulations under this section may, in particular, add or exclude gaming machines of a particular category or categories from gaming machines which are the subject of subsection (4) provided always that such regulations shall not permit gaming machines of Category A to be so excluded.
(6)  In subsection (4) "satisfactory evidence of identity" means evidence which is reasonably capable of establishing (and does in fact establish to the satisfaction of the person who obtains it) the name, address and a photographic likeness of the person producing the evidence, and that such person is over the age of 18 years on each occasion that satisfactory evidence of identity is required to be produced under this Act (including the proffering on a second or subsequent occasion of entry of a card or token issued to them by the licensee of the casino premises) for the purpose of verifying the identity of such person by reference to a photographic image stored visually or electronically upon the card or token, or upon a system maintained by the licensee of the casino premises for such purpose."
 

Clause 170

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 76, line 43, at end insert ", and
(c)  no more than 20 per cent of the gaming machines installed are Category A"
Page 77, line 5, after "Category" insert "A,"
Page 77, line 9, at end insert ", and
(c)  no more than 20 per cent of the gaming machines installed are Category A"
Page 77, line 10, leave out "a small casino" and insert "small and sub-small casinos"
Page 77, line 13, after "Category" insert "A,"
Page 77, line 17, at end insert ", and
(c)  no more than 20 per cent of the gaming machines installed are Category A"
 

Clause 172

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 78, line 15, leave out subsection (1) and insert—
"(1)  Under this Act, all casino premises licences may be categorised as follows and in accordance with regulations under section 7(5)—
(a)  a regional casino premises licence;
(b)  a large casino premises licence;
(c)  a small casino premises licence;
(d)  a sub-small casino premises licence."
Page 78, line 18, at end insert—
"(   )  Existing licences for casinos previously licensed under the Gaming Act 1968 (c. 65) shall be converted into licences categorised under subsection (1) and in accordance with regulations under section 7(5).
(   )  Casinos previously licensed under that Act shall be afforded equal entitlements to the newly licensed casinos as established in subsections (2) to (4) according to their size category."
Page 78, line 28, leave out "a small casino" and insert "small and sub-small casinos"
 

Clause 173

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 79, line 2, at end insert—
"(3A)  In calculating for the purpose of subsection (1) the number of casino premises licences which have effect at any time, no account shall be taken of any established casino but—
(a)  an established casino which meets the requirements of regulations made under section 7(5) as to the classification of large casinos shall for the purposes of section 167 be treated as if it is a large casino;
(b)  an established casino which meets the requirements of regulations made under section 7(5) as to the classification of small casinos shall for the purpose of section 167 be treated as if it is a small casino; and
(c)  an established casino which is below the minimum size for a licensed casino shall for the purposes of section 167 be treated as if it is a small casino.
(3B)  In this section "established casino" means any casino premises which are in use for the operation of a casino under the Gaming Act 1968 (c. 65) when this part of this Act comes into force."
Page 79, line 3, after "shall," insert "having considered the recommendations of the Advisory Panel and"
 

Clause 174

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 79, line 40, at end insert—
"(   )  This section shall not apply in relation to a bingo club premises licence."
 

After Clause 177

 

THE LORD McINTOSH OF HARINGEY

Insert the following new Clause—
  "Christmas Day
  A premises licence shall, by virtue of this section, be subject to the condition that the premises shall not be used to provide facilities for gambling on Christmas Day."
 

Clause 230

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 107, line 41, at end insert ", and
(c)  provide that the practice of allowing prizes to be exchanged known as "trading up" shall continue to be permitted without restriction"
Page 108, line 3, at end insert—
"(e)  the price level for a Category C machine which shall be not less than #35"
 

Clause 234

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 109, line 3, at end insert—
"(   )  Regulations under subsection (1) shall set tiered percentage rates of gross profits tax for all gaming machines."
 

Clause 346

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 153, line 33, at end insert—
 ""casino premises" has the meaning given by section 7,"
Page 155, line 49, at end insert—
 ""sub-small casino" has the meaning given by regulations made under section 7(5),"

 
 
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©Parliamentary copyright 2005
24 February 2005