| Gambling Act 2005 |
| 2005 Chapter 19 - continued |
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| | PART 14 |
| | PRIVATE AND NON-COMMERCIAL GAMING AND BETTING |
| | Private gaming and betting |
| 295 | Interpretation |
| | Schedule 15 (which defines private gaming and betting) shall have effect. |
| 296 | Exceptions to offences |
| | (1) A person does not commit an offence under section 33 by providing facilities for- |
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| | (2) Section 37 shall not apply to or in respect of the use of premises to carry on- |
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| | (3) A person does not commit an offence under section 33 or 37 by making or accepting a bet, or by offering to make or accept a bet, if he acts otherwise than in the course of a business. |
| | Non-commercial gaming and betting |
| 297 | Interpretation |
| | (1) For the purposes of this Act gaming is non-commercial if it takes place at a non-commercial event (whether as an incidental activity or as the principal or only activity). |
| | (2) An event is non-commercial if the arrangements for the event are such that no part of the proceeds is to be appropriated for the purpose of private gain. |
| | (3) For the purposes of subsection (2) the proceeds of an event are- |
| | (a) the sums raised by the organisers (whether by way of fees for entrance or for participation, by way of sponsorship, by way of commission from traders or otherwise), minus |
| | (b) amounts deducted by the organisers in respect of costs reasonably incurred in organising the event. |
| 298 | Exceptions to offences |
| | (1) A person does not commit an offence under section 33 by providing facilities for- |
| | (a) non-commercial prize gaming which complies with the conditions in section 299, or |
| | (b) non-commercial equal chance gaming which complies with the conditions in section 300. |
| | (2) Section 37 shall not apply to or in respect of the use of premises to carry on- |
| | (a) non-commercial prize gaming which complies with the conditions in section 299, or |
| | (b) non-commercial equal chance gaming which complies with the conditions in section 300. |
| 299 | Conditions for non-commercial prize gaming |
| | (1) This section specifies the conditions for non-commercial prize gaming mentioned in section 298. |
| | (2) The first condition is that players are informed that the purpose of the gaming is to raise money for a specified purpose other than that of private gain. |
| | (3) The second condition is that the arrangements for the gaming are such that the profits will be applied for a purpose other than that of private gain. |
| | (4) The third condition is that the non-commercial event of which the gaming is part does not take place- |
| | (a) on premises, other than a track, in respect of which a premises licence has effect, |
| | (b) on a track at a time when activities are being carried on in reliance on a premises licence, or |
| | (c) on premises at a time when activities are being carried on in reliance on a temporary use notice. |
| | (5) The fourth condition is that the gaming is not remote. |
| | (6) In this section "profits" in relation to gaming means- |
| | (a) the aggregate of amounts- |
| | (i) paid by way of stakes, or
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| | (ii) otherwise accruing to the person organising the gaming directly in connection with it, minus
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| | (b) amounts deducted by the person organising the gaming in respect of- |
| | (i) the provision of prizes, or
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| | (ii) other costs reasonably incurred in organising or providing facilities for the gaming.
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| 300 | Conditions for non-commercial equal-chance gaming |
| | (1) This section specifies the conditions for non-commercial equal-chance gaming mentioned in section 298. |
| | (2) The first condition is that persons participating in the gaming are informed that the purpose of the gaming is to raise money for a specified purpose other than that of private gain. |
| | (3) The second condition is that the arrangements for the gaming are such that the profits will be applied for a purpose other than that of private gain. |
| | (4) The third condition is that the arrangements for the gaming ensure compliance with regulations of the Secretary of State- |
| | (a) limiting amounts staked; |
| | (b) limiting participation fees; |
| | (c) limiting other amounts paid by a person in connection with the gaming; |
| | (d) limiting a combination of matters specified in paragraphs (a) to (c); |
| | (e) limiting the amount or value of a prize; |
| | (f) limiting the aggregate amount or value of prizes. |
| | (5) Regulations under subsection (4) may, in particular- |
| | (a) make provision by reference to whether or not a game is part of a series; |
| | (b) make provision by reference to whether or not the non-commercial event of which the gaming is part is associated, as defined by the regulations, with another event; |
| | (c) limit stakes in relation to a participant in more than one game; |
| | (d) make different provision for different kinds of game or for games played in different circumstances. |
| | (6) The fourth condition is that the non-commercial event of which the gaming is part does not take place- |
| | (a) on premises, other than a track, in respect of which a premises licence has effect, |
| | (b) on a track at a time when activities are being carried on in reliance on a premises licence, or |
| | (c) on premises at a time when activities are being carried on in reliance on a temporary use notice. |
| | (7) The fifth condition is that the gaming is non-remote. |
| | (8) In this section "profits" in relation to gaming means- |
| | (a) the aggregate of amounts- |
| | (i) paid by way of stakes, or
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| | (ii) otherwise accruing to the person organising the gaming directly in connection with it, minus
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| | (b) amounts deducted by the person organising the gaming in respect of- |
| | (i) the provision of prizes, or
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| | (ii) other costs reasonably incurred in organising or providing facilities for the gaming.
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| 301 | Misusing profits of non-commercial prize gaming |
| | (1) This section applies to- |
| | (a) non-commercial prize gaming in respect of which a fund-raising purpose has been specified as mentioned in section 299(2), and |
| | (b) non-commercial equal-chance gaming in respect of which a fund-raising purpose has been specified as mentioned in section 300(2). |
| | (2) A person commits an offence if he uses any part of the profits of gaming to which this section applies for a purpose other than that specified. |
| | (3) The reference in subsection (2) to the use of profits includes a reference to permitting profits to be used. |
| | (4) 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 |
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| | (5) In the application of subsection (4) to Scotland the reference to 51 weeks shall have effect as a reference to six months. |
| | (6) In this section "profits" has the same meaning as in sections 299 and 300. |
| 302 | Non-commercial betting |
| | For the purposes of this Act a betting transaction is non-commercial betting if no party to the transaction- |
| | (a) enters it in the course of a business, or |
| | (b) holds himself out as being in business in relation to the acceptance of bets. |
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