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Royal ArmsGambling Act 2005

2005 Chapter 19


 

© Crown Copyright 2005

Acts of Parliament printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Acts of Parliament does not extend to the Queen's Printer imprints which should be removed from any copies of the Act which are issued or made available to the public. This includes reproduction of the Act on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

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.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.


  
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
232