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Gambling Act 2005



The licensing objectives

Establishment of the Commission

Provision of facilities for gambling

Meaning of "child" and "young person"

Nature of licence

Nature of personal licence

The Gambling Appeals Tribunal

Nature of licence

Exception to offence of using premises for gambling

Gaming machine

Promoting a lottery

Members' club

Meaning of "prize gaming"

Interpretation

Enforcement officers

Meaning of "advertising"

Repeal of provisions preventing enforcement

Prize competitions

Betting: Prize Competitions: Definition of Payment to Enter

Lotteries: Definition of Payment to Enter

Amendment of National Lottery etc. Act 1993 (c. 39)

The Gambling Commission

Transfer from Gaming Board to Gambling Commission: Supplementary Provision

Exchange of Information: Persons and Bodies

Part 2

Part 3

Part 4

Relevant Offences

Part 2

Gambling Appeals Tribunal

Applications for Casino Premises Licences

Family Entertainment Centre Gaming Machine Permits

Exempt Lotteries

Part 2

Part 3

Part 4

Part 5

Part 6

Part 7

Club Gaming Permits and Club Machine Permits

Licensed Premises Gaming Machine Permits

Prize Gaming Permits

Private Gaming and Betting

Part 2

Minor and Consequential Amendments

Part 2

Repeals

Transitional

Part 2



Royal ArmsGambling Act 2005

2005 Chapter 19


 

© Crown Copyright 2005

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The text of this Internet version of the Act is published by the Queen's Printer of Acts of Parliament and has been prepared to reflect the text as it received Royal Assent. A print version is also available and is published by The Stationery Office Limited as the Gambling Act 2005, ISBN 0 10 541905 2.

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Gambling Act 2005

2005 Chapter 19

 
 
 
CONTENTS

PART 1
INTERPRETATION OF KEY CONCEPTS
Principal concepts
Section 
1The licensing objectives
2Licensing authorities
3Gambling
4Remote gambling
5Facilities for gambling

Gaming
6Gaming & game of chance
7Casino
8Equal chance gaming

Betting
9Betting: general
10Spread bets, &c.
11Betting: prize competitions
12Pool betting
13Betting intermediary

Lottery
14Lottery
15National Lottery

Cross-category activities
16Betting and gaming
17Lotteries and gaming
18Lotteries and betting

Miscellaneous
19Non-commercial society

PART 2
THE GAMBLING COMMISSION
20Establishment of the Commission
21Gaming Board: transfer to Commission
22Duty to promote the licensing objectives
23Statement of principles for licensing and regulation
24Codes of practice
25Guidance to local authorities
26Duty to advise Secretary of State
27Compliance
28Investigation and prosecution of offences
29Licensing authority information
30Other exchange of information
31Consultation with National Lottery Commission
32Consultation with Commissioners of Customs and Excise

PART 3
GENERAL OFFENCES
Provision of facilities for gambling
33Provision of facilities for gambling
34Exception: lotteries
35Exception: gaming machines
36Territorial application

Use of premises
37Use of premises
38Power to amend section 37
39Exception: occasional use notice
40Exception: football pools

Miscellaneous offences
41Gambling software
42Cheating
43Chain-gift schemes
44Provision of unlawful facilities abroad

PART 4
PROTECTION OF CHILDREN AND YOUNG PERSONS
Interpretation
45Meaning of "child" and "young person"

Principal offences
46Invitation to gamble
47Invitation to enter premises
48Gambling
49Entering premises
50Provision of facilities for gambling

Employment offences
51Employment to provide facilities for gambling
52Employment for lottery or football pools
53Employment on bingo and club premises
54Employment on premises with gaming machines
55Employment in casino, &c.

Miscellaneous offences
56Invitation to participate in lottery
57Invitation to participate in football pools
58Return of stake
59Age limit for Category D gaming machines

General
60Temporary use notice
61Employment
62Penalty
63Reasonable belief about person's age
64Use of children in enforcement operations

PART 5
OPERATING LICENCES
Introductory
65Nature of licence
66Form of licence
67Remote gambling
68Combined licence

Issue
69Application
70Consideration of application: general principles
71Consideration of application: criminal record
72Consideration of application: demand
73Procedure
74Determination of application

Conditions
75General conditions imposed by Commission
76General conditions: procedure
77Individual condition imposed by Commission
78Condition imposed by Secretary of State
79Scope of powers to attach conditions
80Requirement for personal licence
81Credit and inducements
82Compliance with code of practice
83Return of stakes to children
84Premises
85Equipment
86Gaming machines
87Membership
88Information

Rules for particular kinds of licence
89Remote operating licence
90Casino operating licence
91Bingo operating licence
92General betting operating licence
93Pool betting operating licence
94Horse-race pool betting operating licence
95Betting on the National Lottery
96Gaming machine technical operating licence: standards
97Gambling software operating licence: standards
98Lottery operating licences
99Mandatory conditions of lottery operating licence

Maintenance
100Annual fee
101Change of circumstance
102Change of corporate control
103Section 102: supplemental
104Application to vary licence
105Amendment
106Register of operating licences
107Copy of licence
108Production of licence
109Conviction

Duration
110Indefinite duration
111Power to limit duration
112Renewal of licence
113Surrender
114Lapse
115Forfeiture

Regulation
116Review
117Regulatory powers
118Suspension
119Revocation
120Conditions for suspension or revocation
121Financial penalty
122Information

General
123Levy
124Directions and requirements
125Relevant offence: disapplication of rehabilitation
126Interpretation

PART 6
PERSONAL LICENCES
127Nature of personal licence
128Application of provisions of Part 5
129Exemption for small-scale operators
130Application
131Duration
132Fees
133Multiple licences
134Production of licence
135Review
136Disqualification
137Notification of operating licensee
138Conviction
139Breach of personal licence condition

PART 7
OPERATING AND PERSONAL LICENCES: APPEALS
140The Gambling Appeals Tribunal
141Appeal to Tribunal
142Timing
143Appeal from Tribunal
144Powers of Tribunal
145Stay pending appeal
146Rules
147Fees
148Legal assistance
149Enforcement of costs orders

PART 8
PREMISES LICENCES
The licence
150Nature of licence
151Form of licence
152Combined licence, &c.

Licensing authorities' functions
153Principles to be applied
154Delegation of licensing authority functions: England and Wales
155Delegation of functions under Part 8: Scotland
156Register

Other relevant persons
157Responsible authorities
158Interested party

Application for licence
159Making of application
160Notice of application
161Representations

Determination of application
162Requirement for hearing
163Determination of application
164Grant of application
165Rejection of application
166Resolution not to issue casino licences

Conditions
167Mandatory conditions
168Default conditions
169Conditions imposed or excluded by licensing authority
170Membership
171Stakes, &c.

Specific cases
172Gaming machines
173Virtual gaming
174Casino premises licence
175Casino premises licence: overall limits
176Casino premises licence: access by children
177Credit
178Door supervision
179Pool betting on track
180Pool betting on dog races
181Betting machines
182Exclusion of children from track areas
183Christmas Day

Maintenance
184Annual fee
185Availability of licence
186Change of circumstance
187Application to vary licence
188Transfer
189Transfer: supplemental
190Copy of licence

Duration
191Initial duration
192Surrender
193Revocation for failure to pay fee
194Lapse
195Reinstatement
196Reinstatement: supplemental

Review
197Application for review
198Rejection of application
199Grant of application
200Initiation of review by licensing authority
201Review
202Action following review
203Determination

Provisional statement
204Application
205Effect

Appeals
206Rights of appeal
207Process
208Stay pending appeal
209Further appeal

General
210Planning permission
211Vehicles and vessels
212Fees
213Interpretation

PART 9
TEMPORARY USE OF PREMISES
Temporary use notice
214Exception to offence of using premises for gambling
215Nature of notice
216Form of notice
217Effect of notice
218Maximum permitted period

Procedure
219Giving notice
220Acknowledgment of notice
221Objections
222Hearing of objections
223Modification by agreement
224Counter-notice
225Dismissal of objection
226Appeal
227Endorsement of notice
228Consideration by licensing authority: timing

Miscellaneous
229Availability of notice
230Withdrawal of notice
231Vehicles and vessels
232Delegation of licensing authority functions: England and Wales
233Delegation of functions under Part 9: Scotland
234Register

PART 10
GAMING MACHINES
Definitions
235Gaming machine
236Gaming machines: Categories A to D
237Adult gaming centre
238Family entertainment centre
239Prize

Regulations
240Use of machine
241Supply, &c.

Offences
242Making machine available for use
243Manufacture, supply, &c.
244Linked machines
245Credit
246Penalty

Exceptions
247Family entertainment centre gaming machine permit
248No prize
249Limited prize
250Single-machine supply and maintenance permits

General
251Territorial application

PART 11
LOTTERIES
Interpretation
252Promoting a lottery
253Lottery ticket
254Proceeds and profits
255Draw
256Rollover
257External lottery manager

Offences
258Promotion of lottery
259Facilitating a lottery
260Misusing profits of lottery
261Misusing profits of exempt lottery
262Small society lottery: breach of condition
263Penalty

Miscellaneous
264Exclusion of the National Lottery

General
265Territorial application

PART 12
CLUBS, PUBS, FAIRS, &C.
Clubs
266Members' club
267Commercial club
268Miners' welfare institute
269Exempt gaming
270Section 269: supplementary
271Club gaming permit
272Section 271: supplementary
273Club machine permit
274Procedure, &c.
275Bingo
276Interpretation

Pubs, &c.
277Alcohol licence
278Application of sections 279 to 284
279Exempt gaming
280Section 279: supplementary
281Bingo
282Gaming machines: automatic entitlement
283Licensed premises gaming machine permits
284Removal of exemption

Clubs, pubs &c: special provision for Scotland
285Permits

Fairs
286Interpretation: travelling fair
287Gaming machines

PART 13
PRIZE GAMING
288Meaning of "prize gaming"
289Prize gaming permits
290Gaming and entertainment centres
291Bingo halls
292Fairs
293Conditions for prize gaming
294Power to restrict exemptions

PART 14
PRIVATE AND NON-COMMERCIAL GAMING AND BETTING
Private gaming and betting
295Interpretation
296Exceptions to offences

Non-commercial gaming and betting
297Interpretation
298Exceptions to offences
299Conditions for non-commercial prize gaming
300Conditions for non-commercial equal-chance gaming
301Misusing profits of non-commercial prize gaming
302Non-commercial betting

PART 15
INSPECTION
Inspectors
303Enforcement officers
304Authorised persons

Kinds of inspection
305Compliance
306Suspected offence
307Inspection of gambling
308Operating licence holders
309Family entertainment centres
310Premises licensed for alcohol
311Prize gaming permit
312Clubs
313Licensed premises
314Lotteries: registered societies
315Temporary use notice
316Authorisations: production on demand

Powers and procedure
317Powers
318Dwellings
319Records
320Timing
321Evidence of authorisation
322Information
323Use of force
324Person accompanying inspector, &c.
325Securing premises after entry
326Obstruction

PART 16
ADVERTISING
327Meaning of "advertising"
328Regulations
329Broadcasting
330Unlawful gambling
331Foreign gambling
332Territorial application: non-remote advertising
333Territorial application: remote advertising

PART 17
LEGALITY AND ENFORCEABILITY OF GAMBLING CONTRACTS
334Repeal of provisions preventing enforcement
335Enforceability of gambling contracts
336Power of Gambling Commission to void bet
337Section 336: supplementary
338Interim moratorium

PART 18
MISCELLANEOUS AND GENERAL
Miscellaneous
339Prize competitions
340Foreign betting
341Offence committed by body
342False information
343Value of prize
344Participation fees
345Forfeiture
346Prosecution by licensing authority
347Prosecution: time limit
348Excluded premises
349Three-year licensing policy
350Exchange of information
351Power to amend Schedule 6
352Data protection

General
353Interpretation
354Crown application
355Regulations, orders and rules
356Amendments and repeals
357Money
358Commencement
359Vessels: territorial limitations
360Aircraft: territorial limitations
361Extent
362Short title
 

 
    Schedule 1-Betting: Prize Competitions: Definition of Payment to Enter
    Schedule 2-Lotteries: Definition of Payment to Enter
    Schedule 3-Amendment of National Lottery etc. Act 1993 (c. 39)
    Schedule 4-The Gambling Commission
    Schedule 5-Transfer from Gaming Board to Gambling Commission: Supplementary Provision
    Schedule 6-Exchange of Information: Persons and Bodies
    Part 1-Persons and Bodies with Functions under this Act
    Part 2-Enforcement and Regulatory Bodies
    Part 3-Sport Governing Bodies
    Part 4-Notes
    Schedule 7-Relevant Offences
    Part 1-The Offences
    Part 2-Power to Amend Part 1
    Schedule 8-Gambling Appeals Tribunal
    Schedule 9-Applications for Casino Premises Licences
    Schedule 10-Family Entertainment Centre Gaming Machine Permits
    Schedule 11-Exempt Lotteries
    Part 1-Incidental Non-commercial Lotteries
    Part 2-Private Lotteries
    Part 3-Customer lottery
    Part 4-Small Society Lotteries
    Part 5-Registration With Local Authority
    Part 6-Powers to Impose Additional Restrictions, &c.
    Part 7-General
    Schedule 12-Club Gaming Permits and Club Machine Permits
    Schedule 13-Licensed Premises Gaming Machine Permits
    Schedule 14-Prize Gaming Permits
    Schedule 15-Private Gaming and Betting
    Part 1-Gaming
    Part 2-Betting
    Schedule 16-Minor and Consequential Amendments
    Part 1-Minor Amendments
    Part 2-Consequential Amendments
    * Schedule 17-Repeals
    Schedule 18-Transitional
    Part 1-Transitional Continuation of Old Licences, &c.
    Part 2-Advance and Interim Applications, and Conversion
 
* Amended by correction slip
 


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© Crown copyright 2005
Prepared 22 April 2005

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