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Gambling Bill Gambling Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department for Culture, Media and Sport, are published separately as Bill 163—EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Secretary Tessa Jowell has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Gambling Bill are compatible with the Convention rights. Bill 163 53/3 Gambling Bill CONTENTS PART 1 INTERPRETATION OF KEY CONCEPTS Principal concepts 1 The licensing objectives 2 Licensing authorities 3Gambling 4 Remote gambling 5 Facilities for gambling Gaming 6 Gaming & game of chance 7Casino 8 Equal chance gaming Betting 9 Betting: general 10 Spread bets, &c. 11 Betting: prize competitions 12 Pool betting 13 Betting intermediary Lottery 14 Lottery Cross-category activities 15 Betting and gaming 16 Lotteries and gaming 17 Lotteries and betting Bill 163 53/3 iv Gambling Bill Miscellaneous 18 Non-commercial society PART 2 THE GAMBLING COMMISSION 19 Establishment of the Commission 20 Gaming Board: transfer to Commission 21 Duty to promote the licensing objectives 22 Policy for licensing and regulation 23 Codes of practice 24 Guidance to local authorities 25 Duty to advise Secretary of State 26 Investigation and prosecution of offences 27 Licensing authority information 28 Other exchange of information 29 Consultation with National Lottery Commission PART 3 GENERAL OFFENCES Provision of facilities for gambling 30 Provision of facilities for gambling 31 Exception: lotteries 32 Exception: gaming machines 33 Territorial application Use of premises 34 Use of premises 35 Power to amend section 34 36 Exception: occasional use notice 37 Exception: football pools Miscellaneous offences 38 Gambling software 39 Cheating 40 Chain-gift schemes 41 Provision of unlawful facilities abroad PART 4 PROTECTION OF CHILDREN AND YOUNG PERSONS Interpretation 42 Meaning of “child” and “young person” Gambling Bill v Principal offences 43 Invitation to gamble 44 Invitation to enter premises 45 Gambling 46 Entering premises 47 Provision of facilities for gambling Employment offences 48 Employment to provide facilities for gambling 49 Employment for lottery or football pools 50 Employment on bingo and club premises 51 Employment on premises with gaming machines 52 Employment in casino, &c. Miscellaneous offences 53 Invitation to participate in lottery 54 Invitation to participate in football pools 55 Return of stake 56 Age limit for Category D gaming machines General 57 Temporary use notice 58 Meaning of employment 59 Penalty 60 Reasonable belief about person’s age PART 5 OPERATING LICENCES Introductory 61 Nature of licence 62 Form of licence 63 Remote gambling 64 Combined licence Issue 65 Application 66 Consideration of application: general principles 67 Consideration of application: criminal record 68 Consideration of application: demand 69 Procedure 70 Determination of application Conditions 71 General conditions imposed by Commission 72 General conditions: procedure 73 Individual condition imposed by Commission vi Gambling Bill 74 Condition imposed by Secretary of State 75 Scope of powers to attach conditions 76 Requirement for personal licence 77 Credit and inducements 78 Compliance with code of practice 79 Return of stakes to children 80 Premises 81 Equipment 82 Gaming machines 83 Membership Rules for particular kinds of licence 84 Remote operating licence 85 Casino operating licence 86 Bingo operating licence 87 General betting operating licence 88 Pool betting operating licence 89 Horse-race pool betting operating licence 90 Gaming machine technical operating licence 91 Lottery operating licences 92 Mandatory conditions of lottery operating licence Maintenance 93 Annual fee 94 Change of circumstance 95 Change of corporate control 96 Section 95: supplemental 97 Application to vary licence 98 Amendment 99 Register of operating licences 100 Copy of licence 101 Production of licence 102 Conviction Duration 103 Indefinite duration 104 Power to limit duration 105 Renewal of licence 106 Surrender 107 Lapse 108 Forfeiture Regulation 109 Review 110 Regulatory powers 111 Suspension 112 Revocation 113 Conditions for suspension or revocation 114 Financial penalty 115 Information Gambling Bill vii General 116 Levy 117 Directions and requirements 118 Relevant offence: disapplication of rehabilitation 119 Interpretation PART 6 PERSONAL LICENCES 120 Nature of personal licence 121 Application of provisions of Part 5 122 Exemption for small-scale operators 123 Application 124 Duration 125 Fees 126 Multiple licences 127 Production of licence 128 Review 129 Disqualification 130 Notification of operating licensee 131 Conviction 132 Breach of personal licence condition PART 7 OPERATING AND PERSONAL LICENCES: APPEALS 133 The Gambling Appeals Tribunal 134 Appeal to Tribunal 135 Timing 136 Appeal from Tribunal 137 Powers of Tribunal 138 Stay pending appeal 139 Rules 140 Fees 141 Legal assistance PART 8 PREMISES LICENCES The licence 142 Nature of licence 143 Form of licence 144 Combined licence, &c. Licensing authorities’ functions 145 Principles to be applied 146 Delegation to licensing committee 147 Register viii Gambling Bill Other relevant persons 148 Responsible authorities 149 Interested party Application for licence 150 Making of application 151 Notice of application 152 Representations Determination of application 153 Requirement for hearing 154 Determination of application 155 Grant of application 156 Rejection of application 157 Resolution not to issue casino licences Conditions 158 Mandatory conditions 159 Default conditions 160 Conditions imposed or excluded by licensing authority 161 Membership 162 Stakes, &c. Specific cases 163 Gaming machines 164 Virtual gaming 165 Casino premises licence 166 Door supervision 167 Pool betting on track 168 Betting machines 169 Exclusion of children from track areas Maintenance 170 Annual fee 171 Availability of licence 172 Change of circumstance 173 Application to vary licence 174 Transfer 175 Transfer: supplemental 176 Copy of licence Duration 177 Initial duration 178 Surrender 179 Revocation for failure to pay fee 180 Lapse 181 Reinstatement 182 Reinstatement: supplemental Gambling Bill ix Review 183 Application for review 184 Rejection of application 185 Grant of application 186 Initiation of review by licensing authority 187 Review 188 Action following review 189 Determination Provisional statement 190 Application 191 Effect Appeals 192 Rights of appeal 193 Process 194 Stay pending appeal 195 Further appeal General 196 Vehicles and vessels 197 Fees 198 Interpretation PART 9 TEMPORARY USE OF PREMISES Temporary use notice 199 Exception to offence of using premises for gambling 200 Nature of notice 201 Form of notice 202 Effect of notice 203 Maximum permitted period Procedure 204 Giving notice 205 Acknowledgment of notice 206 Objections 207 Hearing of objections 208 Modification by agreement 209 Counter-notice 210 Dismissal of objection 211 Appeal 212 Endorsement of notice 213 Consideration by licensing authority: timing x Gambling Bill Miscellaneous 214 Availability of notice 215 Withdrawal of notice 216 Vehicles and vessels 217 Delegation of licensing authority functions 218 Register PART 10 GAMING MACHINES Definitions 219 Gaming machine 220 Gaming machines: Categories A to D 221 Adult gaming centre 222 Family entertainment centre 223 Prize Regulations 224 Use of machine 225 Supply, &c. Offences 226 Making machine available for use 227 Manufacture, supply, &c. 228 Linked machines 229 Credit 230 Penalty Exceptions 231 Family entertainment centre gaming machine permit 232 No prize 233 Limited prize 234 Single-machine supply and maintenance permits General 235 Territorial application PART 11 LOTTERIES Interpretation 236 Promoting a lottery 237 Lottery ticket 238 Proceeds and profits 239 Draw 240 Rollover Gambling Bill xi 241 External lottery manager Offences 242 Promotion of lottery 243 Facilitating a lottery 244 Misusing profits of lottery 245 Misusing profits of exempt lottery 246 Small society lottery: breach of condition 247 Penalty Miscellaneous 248 Preventing repetitive play 249 Exclusion of the National Lottery General 250 Territorial application PART 12 CLUBS, PUBS, FAIRS, &C. Clubs 251 Members’ club 252 Commercial club 253 Miners’ welfare institute 254 Exempt gaming 255 Section 254: supplementary 256 Club gaming permit 257 Section 256: supplementary 258 Club machine permit 259 Procedure, &c. 260 Bingo 261 Interpretation Pubs, &c. 262 Alcohol licence 263 Application of sections 264 to 268 264 Exempt gaming 265 Section 264: supplementary 266 Bingo 267 Gaming machines 268 Removal of exemption Fairs 269 Interpretation: travelling fair 270 Gaming machines xii Gambling Bill PART 13 PRIZE GAMING 271 Meaning of “prize gaming” 272 Prize gaming permits 273 Gaming and entertainment centres 274 Bingo halls 275 Fairs 276 Conditions for prize gaming 277 Power to restrict exemptions PART 14 PRIVATE AND NON-COMMERCIAL GAMING AND BETTING Private gaming and betting 278 Interpretation 279 Exceptions to offences Non-commercial gaming 280 Interpretation 281 Exceptions to offences 282 Conditions for non-commercial prize gaming 283 Conditions for non-commercial equal-chance gaming 284 Misusing profits of non-commercial prize gaming PART 15 INSPECTION Inspectors 285 Enforcement officers 286 Authorised persons Kinds of inspection 287 Suspected offence 288 Inspection of gambling 289 Operating licence holders 290 Family entertainment centres 291 Premises licensed for alcohol 292 Clubs 293 Licensed premises
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