Legalize / United Kingdom / Public General Act

Betting, Gaming and Lotteries Act 1963 (repealed)

Type Public General Act

Publication 1963-02-28

Last updated 2022-03-10

State In force

Department Statute Law Database

Source legislation.gov.uk

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Reform history JSON API

Part I — Betting

General restrictions on betting

Restriction on use of premises for betting transactions with persons resorting thereto

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Restriction on bookmaking except under bookmaker's permit

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Agent of bookmaker or Totalisator Board to be authorised and registered

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Restriction of pool betting

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Restriction of betting on tracks

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Restriction of bookmaking on tracks

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Restriction of betting on dog racecourses

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Prohibition of betting in streets and public places

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Licensed betting offices

Betting office licences and betting agency permits

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Conduct of licensed betting offices

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Special provisions with respect to bookmaker’s and betting agency permits

Cancellation of and disqualification for bookmaker's or betting agency permit

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The Totalisator Board and pool betting on horse races

Horserace Totalisator Board

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(1) There shall be a Horserace Totalisator Board (in this Act referred to as “the Totalisator Board”) which shall be a body corporate and have perpetual succession and a common seal.

(2) The Totalisator Board shall consist of a chairman and such number of other members as the Secretary of State may determine, all of whom shall be appointed by the Secretary of State and hold and vacate office in accordance with the terms of the respective instruments under which they are appointed.

(3) The Totalisator Board may pay to any member of the Board such remuneration, and travelling, subsistence or other allowances at such rates, as the Board may with the approval of the Secretary of State determine:

Provided that the Board shall not by virtue of this subsection have power to pay remuneration to any member of the Board who is for the time being a member of, or nominated as a candidate for election to, the House of Commons.

(3A) The Board may pay such pension or gratuity to or in respect of any member of the Board as the Board may, with the approval of the Secretary of State, determine.

(4) The Totalisator Board may appoint officers, servants and agents on such terms as to remuneration, pensions or otherwise as the Board may determine.

(5) The Totalisator Board may regulate their own procedure and make standing orders governing the conduct of their business.

(6) No act or proceeding of the Totalisator Board shall be questioned on account of any vacancy in the number of the members thereof or on account of the appointment of any member having been defective.

(7) Except where the context otherwise requires, any reference in any Act or other document to the Racecourse Betting Control Board shall be construed as a reference to the Totalisator Board.

Approval of horse racecourses by Totalisator Board

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Functions of Totalisator Board with respect to betting on horse races

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(1) The Totalisator Board shall have the exclusive right to do, and to authorise other persons to do, either of the following things, that is to say—

(a) to carry on pool betting business in any form on a recognised horse race; and

(b) by way of business to receive or negotiate bets on a recognised horse race on terms that the winnings or any part thereof shall be calculated or regulated directly or indirectly by reference to the amounts or rates of any payments or distributions in respect of winning bets on that race made by way of sponsored pool betting;

and in giving any authority under this subsection the Board may do so on such terms, including terms as to payments to the Board, as the Board may think fit.

(2) Any infringement of the right conferred on the Totalisator Board by the foregoing subsection shall be actionable at the suit of the Board; and in any action for such an infringement all such relief, by way of damages, injunction, accounts or otherwise, shall be available to the Board as is available to the plaintiff in any corresponding proceedings in respect of infringements of proprietary rights and, notwithstanding anything to the contrary in any enactment or rule of law relating to the jurisdiction of county courts, a county court may, on the application of the Board, grant an injunction restraining an infringement or apprehended infringement of the right aforesaid whether or not any other relief in claimed; and for the purposes of this subsection the right aforesaid is infringed by any person who, without the authority of the Board—

(a) does or authorises any other person to do anything such as is mentioned in subsection (1)(a) or (b) of this section; or

(b) by way of business holds himself out as willing to enter into any pool betting transaction on a recognised horse race, whether by way of sponsored pool betting or otherwise, or to receive or negotiate a bet on a recognised horse race on such terms as are mentioned in the said subsection (1)(b).

In the application of this subsection to Scotland, “suit” means instance, “injunction” means an interdict, “accounts” means count, reckoning and payment, and “plaintiff” means pursuer.

(3) Where bets on a race or combination of races are made by way of sponsored pool betting, the Totalisator Board shall—

(a) cause to be deducted from the aggregate amount staked either—

(i) such percentage of that amount as may be determined from time to time by the Board, either generally or with respect to any particular racecourse; or

(ii) if so determined as aforesaid, such percentage of such part of that amount as may be determined as aforesaid; and

(b) cause the whole of the remainder of that amount to be distributed among the persons making such of those bets as are winning bets.

(4) Where faciltites for sponsored pool betting are being provided on an approved horse racecourse by the persons having the management of that racecourse, any amount deducted by those persons under subsection (3)(a) of this section shall be paid to the Totalisator Board, but the Board may pay to those persons the amount of the expenses shown to the satisfaction of the Board to have been properly incurred by those persons in connection with the provision of those facilities.

(5) Without prejudice to section 12(4) of this Act, the Totalisator Board may remunerate any person, by the payment of commissions or otherwise, in respect of the negotiation, receipt or transmission by that person—

(a) of bets to be made by way of sponsored pool betting; or

(b) of bets such as are mentioned in subsection (1)(b) of this section to be made with the Board or, under the authority of the Board, with the persons having the management of an approved horse racecourse,

and may provide facilities on any such racecourse for persons engaged in receiving bets to be so made.

(6) Nothing in this Act shall be construed as restricting the betting transactions which may be effected by way of sponsored pool betting to betting transactions upon the result of a single race, or upon the results of races run on a particular racecourse or on a particular day, or as preventing the Totalisator Board from giving credit in any betting transaction.

Additional powers and duties of Totalisator Board

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(1) The Totalisator Board shall have power—

(a) to acquire and hold such land as may be reasonably required for the purposes of any of their functions and to sell or lease any land held by them which is not required for those purposes;

(b) to borrow for the purposes of any of their functions and to give security for any moneys borrowed by them;

(c) to make such loans or investments as they judge desirable for the proper conduct of their affairs, being loans or investments either—

(i) such as, under the enactments for the time being in force, a trustee would by authorised to make out of trust funds; or

(ii) approved, or of a description approved, by the Secretary of State;

(d) to do all such things as are incidental to, or conducive to the attainment of the purposes of, any of their functions.

(2) Subject to section 14(3) to (5) of this Act, the Totalisator Board shall apply any moneys from time to time available in their hands—

(a) in providing for the payment of rates, taxes, charges, expenses and other outgoings;

(b) in making provision for the payment of any contribution for the time being payable by them under section 30 of this Act;

Special provisions with respect to licensed tracks

Totalisators on licensed tracks

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Special rights of occupier of licensed track where totalisator is operated

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Charges to bookmakers on licensed tracks

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Occupiers of licensed tracks not to have an interest in bookmaking thereon

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Saving for right of occupier of licensed track to prohibit betting

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Special provisions with respect to young persons

Betting with young persons

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Betting circulars not to be sent to young persons

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Power of entry on tracks

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Contributions for benefit of horse racing by bookmakers and Totalisator Board

Horserace Betting Levy Board

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(1) There shall be a Horserace Betting Levy Board (in this Act referred to as “the Levy Board”) which shall be charged with the duty of assessing and collecting in accordance with the subsequent provisions of this Part of this Act, and of applying, subject to those provisions, for purposes conducive to any one or more of the following, that is to say—

(a) the improvement of breeds of horses;

(b) the advancement or encouragement of veterinary science or veterinary education;

monetary contributions from bookmakers and betting exchange providers.

(2) The Levy Board shall consist of a chairman and six other members of whom—

(a) the chairman and two other members shall be appointed by the Secretary of State and be persons who the Secretary of State is satisfied have no interests connected with horse racing which might hinder them from discharging their functions as members of the Board in an impartial manner;

(b) three members shall be appointed by the Jockey Club (incorporating the National Hunt Committee)

(d) one member appointed by the Association of British Bookmakers and the Remote Gambling Association, acting jointly.

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) If the Association of British Bookmakers and the Remote Gambling Association fail to appoint a member under subsection (2)(d) within a reasonable time, the appointment may be made by the chairman of the Levy Board.

(3) Any person appointed to be a member of the Levy Board under subsection (2)(a) of this section shall hold and vacate office in accordance with the terms of the instrument under which he was appointed; and any person appointed to be a member of the Board under subsection (2)(b) of this section may be removed from the Board at any time by the body by whom he was appointed.

(3A) Any person appointed to be a member of the Board under subsection (2)(d) may be removed from the Board at any time by the Association of British Bookmakers and the Remote Gambling Association, acting jointly.

(4) The Jockey Club, (incorporating the National Hunt Committee) ... may from time to time appoint a person to act in the place of such a member of the Levy Board as is mentioned in subsection (2)(b) ... ... of this section at any meeting of the Levy Board at which that member is unable to be present, and while so acting any such person shall be deemed for the purposes of any act or proceeding of the Levy Board to be a member of that Board.

(4A) The Association of British Bookmakers and the Remote Gambling Association, acting jointly, may from time to time appoint a person to act in the place of such a person appointed to be a member of the Levy Board as is mentioned in subsection (2)(d) at any meeting of the Levy Board at which that member is unable to be present, and while so acting any such person shall be deemed for the purposes of any act or proceeding of the Levy Board to be a member of that Board.

(5) The Levy Board shall be a body corporate and shall have perpetual succession and a common seal.

(6) The Levy Board may pay to the chairman and the two other members appointed by the Secretary of State such remuneration, and to any member of the Board travelling, subsistence or other allowances at such rates, as the Board may with the approval of the Secretary of State determine.

(6A) The Levy Board may pay such pension or gratuity as the Board may, with the approval of the Secretary of State, determine, to or in respect of the chairman and any other members appointed by the Secretary of State.

(7) The Levy Board may appoint officers, servants and agents on such terms as to remuneration, pensions or otherwise as the Board may determine.

(8) The Levy Board may regulate their own procedure and make standing orders governing the conduct of their business.

(9) No act or proceeding of the Levy Board shall be questioned on account of any vacancy in the number of the members thereof or on account of the appointment of any member having been defective.

General powers and duties of Levy Board

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(1) The Levy Board shall have power—

(a) with the approval of, and subject to any conditions imposed by, the Secretary of State, to engage in any activity connected with any of the matters specified in section 24(1)(a) to (c) of this Act;

(b) to acquire and hold such land as may be reasonably required for the purposes of any of their functions and to sell or lease any land held by them which is not required for those purposes;

(d) to lend or invest money for the purposes of or in connection with any activity in which they have power under paragraph (a) of this subsection to engage;

(e) to make such other investments as—

(i) they judge desirable for the proper conduct of their affairs, and

(ii) a trustee would be able to make under the general power of investment in section 3 of the Trustee Act 2000 (as restricted by sections 4 and 5 of that Act);

(f) to do all such things as are incidental to, or conducive to the attainment of the purposes of, any of their functions.

(2) The Levy Board shall apply any moneys from time to time available in their hands—

(a) in providing for the payment of rates, taxes, charges, expenses and other outgoings, including any sums which they are required or authorised to pay by virtue of any enactment;

(b) in retaining such sums and making provision for such matters as they think proper in connection with any of their functions;

(d) subject to the foregoing paragraphs of this subsection, in making payments, in accordance with schemes from time to time prepared by the Levy Board and approved with or without modifications by the Secretary of State, for such purposes as are mentioned in section 24(1) of this Act.

Bookmakers' Committee

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Bookmakers' levy schemes

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(1) The contributions such as are mentioned in section 24(1) of this Act to be made by bookmakers and betting exchange providers shall be paid by way of a levy in respect of each levy period in accordance with this section.

(1A) The levy is charged at the rate of 10% of the amount by which a person’s profits for a levy period exceed the exempt amount (see section 27D).

(1B) The person’s profits for a levy period are the sum of—

(a) the person’s profits as a bookmaker on leviable bets for the period (see section 27A), and

(b) the commission charged by the person as a betting exchange provider on leviable bets during the period (see section 27C).

(1C) The persons by whom the levy is payable include those bookmakers and betting exchange providers who are required to hold remote operating licences.

(1D) In subsection (1C) “remote operating licence” has the same meaning as in the Gambling Act 2005 (see section 67 of that Act).

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Assessment of or exemption from bookmakers' levy

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(4A) As soon as practicable after the end of a levy period, the Levy Board must serve an assessment notice on every person they have assessed as liable to pay the levy under section 27 for that period.

(4B) The assessment notice must state—

(a) the amount that the Levy Board have assessed that the person is liable to pay,

(b) the basis on which that amount has been calculated, and

(5) An assessment notice served on any person by the Levy Board for any levy period shall be conclusive as to his liability to the levy for that period and the amount payable by him by way thereof unless not later than twenty-eight days after the notice is served on him he gives to the Board notice in writing of appeal therefrom.

(6) On receiving any notice of appeal under the last foregoing subsection, the Levy Board shall refer the appeal to an appeal tribunal established in pursuance of section 29 of this Act, which shall have power to confirm, increase or reduce the assessment, ... but which—

(a) shall not reduce the assessment ... unless the appellant has afforded the tribunal all the facilities it may have required for the investigation of his case;

(b) shall confirm the assessment unless the tribunal is satisfied that, on all the evidence made available to it, the assessment should be varied or rescinded;

and any decision of the tribunal ... shall be final.

(7) Any amount assessed as payable by any person by way of the levy in respect of any levy period shall (except to the extent of any payments on account) become due twenty-eight days after notice of the assessment has been served on the person or, if he appeals therefrom in pursuance of the foregoing provisions of this section, on the determination or abandonment of the appeal, and shall be recoverable by the Levy Board as a debt due to them.

(8) Upon the discharge by a person of his liability by way of the levy in respect of any levy period in accordance with the notice of assessment issued in his case, the Levy Board shall issue to him a certificate in writing to the effect that he has done so, and any such certificate shall be conclusive evidence of the facts stated therein.

(9) An assessment notice may be served on any person either by serving it on him personally or by sending it to him by post at his usual or last-known residence or place of business in the United Kingdom or, if the person is a company, at the company’s registered office.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Levy appeal tribunals

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(1) There shall be established for the purposes of section 28 of this Act and section 2 of the Horserace Betting Levy Act 1981—

(a) one or more appeal tribunals for England and Wales; and

(b) one or more appeal tribunals for Scotland;

and an appeal under section 28(5) of this Act or section 2(1) of the said Act of 1981 shall be referred to a tribunal established for Scotland if the appellant is the holder of a bookmaker’s permit which was last granted or renewed by an authority in Scotland.

(2) Each such tribunal shall consist of a chairman and two other members of whom—

(a) the chairman, who shall be

(i) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or

(ii) an advocate or solicitor in Scotland of at least 5 years’ standing,

shall be appointed by the Lord Chancellor or, in the case of a tribunal established for Scotland, by the Lord President of the Court of Session; and

(b) the other members shall be appointed by the Secretary of State;

and each member of any such tribunal shall hold office in accordance with the terms of the instrument under which he was appointed , but subject, in the case of the chairman, to subsection (2A) of this section.

(2A) The chairman of any such tribunal shall vacate his office on the day on which he attains the age of 75.

(3) The procedure of any such tribunal shall be such as the Lord Chancellor or, in the case of a tribunal established for Scotland, the Lord President of the Court of Session may by rules prescribe; and any such rules shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) The Levy Board shall pay to the members of any such tribunal such remuneration as the Board may with the approval of the Secretary of State determine and any travelling and other expenses reasonably incurred by them as members of the tribunal.

(5) The Levy Board shall provide any such tribunal with such secretarial and other facilities as may appear to the Board to be necessary or expedient, and, without prejudice to subsection (7) of this section, shall pay any expenses incurred by the tribunal for the purposes of their functions with the approval, whether general or special, of the Levy Board.

(6) If any such tribunal thinks it just so to direct in allowing any appeal by a person, the Levy Board shall pay to that person such amount as the tribunal may specify towards expenses appearing to the tribunal to have been reasonably incurred by the person in connection with the appeal.

(7) If any such tribunal, in dismissing any appeal by a person, or on the abandonment of any appeal after the tribunal has taken some action towards its determination, thinks it just that the person should make a payment towards expenses incurred by the tribunal in connection with the appeal, the tribunal may certify accordingly and the Levy Board shall be entitled to recover from the person as a debt due to them the amount specified in the certificate.

Contributions by Totalisator Board

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Accounts and reports of Levy Board and Totalisator Board

Accounts of, and reports by, Levy Board and Totalisator Board

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(1) The Levy Board and the Totalisator Board shall each keep proper accounts and proper records in relation to those accounts and prepare proper statements of account in respect of each levy period; and the accounts of each of the Boards for each such period shall be audited by qualified accountants appointed for the purpose by the Board in question for that period.

(2) As soon as the accounts of the Totalisator Board for any levy period have been audited, that Board shall submit a copy of their statements of account and the auditor’s report thereon for that period, together with a report of their proceedings during that period, to the Levy Board; and the Levy Board shall submit to the Secretary of State a report of the proceedings during that period both of the Levy Board and of the Totalisator Board, which shall include the statements of account and the auditor’s report for that period of each of the Boards; and the Secretary of State shall cause a copy of the Levy Board’s report to be laid before each House of Parliament.

(3) The Levy Board shall cause copies of any report submitted by them under the last foregoing subsection to be made and kept available at their offices for inspection by the public without charge during reasonable hours and for supply on demand to any member of the public upon payment of such reasonable charge in respect of each copy as the Board may determine.

Part II — Gaming

General provisions as to gaming

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(1) Subject to the provisions of this Act, any gaming shall be lawful if, but only if, it is conducted in accordance with the following conditions, that is to say—

(a) that either—

(i) the chances in the game are equally favourable to all the players ; or

(ii) the gaming is so conducted that the chances therein are equally favourable to all the players: and

(b) that no money or money's worth which any of the players puts down as stakes, or pays by way of losses, or exchanges for tokens used in playing the game, is disposed of otherwise than by payment to a player as winnings; and

(2) If in any proceedings under 'this section evidence is adduced that gaming took place on any premises and either—

(a) that the game was, or was a variant of or of a similar nature to, a game which is capable of being played in accordance with the ordinary rules thereof in such a manner that the chances therein are not equally favourable to all the players, and that ten or more persons were present at the gaming; or

(b) that a payment of money or money's worth was required in order to obtain access to the premises,

then, subject to section 36 of this Act, it shall be held that the gaming was unlawful gaming unless it is proved that the gaming was conducted in accordance with the conditions set out in subsection (1) of this section.

(3) Subject to the provisions of this Act, no gaming shall take place at which any person under the age of eighteen years is included among the players, except where both the following conditions are satisfied, that is to say—

(a) that the gaming takes place in a private dwelling-house or in the presence of a parent or guardian of that person; and

(b) that any such person taking part in the gaming does so with the permission, whether general or special, of a parent or guardian of that person.

(4) If any gaming takes place on any premises—

(a) which is by virtue of subsection (1) of this section, or is held in pursuance of subsection (2) of this section to have been, unlawful gaming; or

(b) which contravenes subsection (3) of this section,

any person concerned in the organisation or management of the gaming, and any other person who, knowing or having reasonable cause to suspect that unlawful gaming or gaming in contravention of the said subsection (3) would take place on those premises—

(i) allowed the premises to be used for the purposes of gaming; or

(ii) let the premises, or otherwise made the premises available, to any person by whom an offence in connection with the gaming has been committed,

shall be guilty of an offence; and for the purposes of this subsection any person who took part in procuring the assembly of the players shall be deemed to have been concerned in the organisation of the gaming.

(5) Any person who is present at any gaming such as is mentioned in subsection (4) (a) or (b) of this section for the purposes of taking part therein shall be liable on summary conviction to a fine not exceeding fifty pounds:

Provided that, for the purposes of any proceedings under this subsection in respect of gaming such as is mentioned in the said subsection (4)(a), subsection (1)(c) of this section shall be deemed to be omitted if the person charged proves that he was not required to make, or to undertake to make, any payment such as is mentioned in the said subsection (1)(c) and that he neither knew nor had reasonable cause to suspect that any other person was so required.

(6) For the purposes of the last foregoing subsection, proof that any person was present at any gaming shall be evidence that he was present for the purpose of taking part therein unless he proves that he was present neither for that purpose nor for any of the following purposes, that is to say, taking part in the management of the gaming, operating any instrument or other thing whatsoever used in connection with the gaming, or making bets with respect to the gaming.

(7) In any proceedings in respect of a contravention of subsection (3) of this section in the case of any gaming, it shall be a defence to prove that the person charged neither knew nor had reasonable cause to suspect that any of the players was under the age of eighteen years.

(8) In the application of this section to Scotland—

(a) in subsection (2), for the words " evidence is adduced " there shall be substituted the words " it is proved ";

(b) subsection (6) shall not apply, but, in any proceedings in Scotland under subsection (5), if any person is proved to have been present at the gaming to which the proceedings relate, that person shall be held to have been present for the purpose of taking part therein unless he proves that he was present neither for that purpose nor for any of the following purposes, that is to say, taking part in the management of the gaming, operating any instrument or other thing whatsoever used in connection with the gaming, or making bets with respect to the gaming.

Gaming machines

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(1) Section 32 of this Act shall not apply to gaming by means of a gaming machine but, subject to the provisions of this Act, if any such gaming takes place on any premises to which, whether on payment or otherwise, the public have access, or which are used wholly or mainly by persons under the age of eighteen years, or, except in accordance with the conditions set out in subsection (2) of this section, on any other premises—

(a) any person who knowingly allowed the premises to be used for the purposes of the gaming; and

(b) any other person who, knowing or having reasonable cause to suspect that the premises would be used for such gaming—

(i) caused or allowed the machine to be placed on the premises; or

(ii) let the premises, or otherwise made the premises available, to any person by whom an offence in connection with the gaming was committed,

shall be guilty of an offence.

(2) The conditions referred to in the foregoing subsection are—

(a) that not more than two gaming machines are made available for play in any one building or, where different parts of a building are occupied by two or more different persons, in the part or parts of the building occupied by any one of those persons; and

(b) that the stake required to be hazarded in order to play the game once does not exceed sixpence; and

(c) that all stakes hazarded are applied either in the payment of winnings to a player of the game or for purposes other than private gain.

(3) In this section—

(a) the expression " gaming machine " means a machine for playing a game of chance, being a game which requires no action by any player other than the actuation or manipulation of the machine; and

(b) the expression " building " includes the curtilage of the building.

Gaming in public places

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(1) Subject to the provisions of this Act, if any person takes part in gaming in any street or in any other place to which, whether on payment or otherwise, the public have access, he shall be liable on summary conviction to a fine not exceeding fifty pounds.

(2) A constable may arrest without warrant anyone whom he finds in a street or in any such place as aforesaid and whom he suspects, with reasonable cause, to be committing an offence under this section.

(3) In this section, the expression " street" has the meaning assigned by section 8 (4) (a) and (b) of this Act.

Saving for dominoes and cribbage on licensed premises, etc.

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(1) Section 34 of this Act shall not apply to the playing of dominoes or cribbage—

(a) on premises in respect of which there is for the time being in force a justices' on-licence granted under the Licensing Act 1953 or a hotel certificate or public house certificate granted under the Licensing (Scotland) Act 1959 ; or

(b) on premises in any district specified in Part I of Schedule 9 to the said Act of 1953 or in Part I of Schedule 8 to the said Act of 1959 which are being used for the sale on behalf of the Secretary of State of intoxicating or, as the case may be, exciseable liquor for consumption on those premises.

(2) The licensing justices for any licensing district within the meaning of the said Act of 1953, or the licensing court for any licensing area within the meaning of the said Act of 1959, may at any time, if in the case of any particular premises such as aforesaid situated within that district or area they think fit so to do, by order impose such requirements or restrictions with respect to the playing of the said games on any part of those premises to which the public have access as they consider necessary to secure—

(a) that the games are not played on that part of the premises in such circumstances as to constitute an inducement to persons to resort thereto primarily for the purpose of taking part in gaming at those games; and

(b) that any such gaming on that part of the premises does not take place for high stakes.

(3) The justices or court aforesaid may at any time by a further order vary or revoke any previous order made under this section.

(4) An order under this section with respect to any premises shall come into force upon' notice thereof being given—

(a) in the case of premises such as are mentioned in subsection (1) (a) of this section, to the person who is for the time being the holder of the licence or certificate aforesaid in respect of those premises;

(b) in the case of premises such as are mentioned in subsection (1)(b) of this section, to the Secretary of State,

and the justices or court shall send a copy of the notice to the chief officer of police for the police area in which the premises are situated; and, subject to any further order varying or revoking it, the order shall continue in force so long as the premises continue to be premises such as are mentioned in subsection (1) of this section.

(5) Section 166 of the Licensing Act 1953 (which relates to the application of that Act to the Isles of Scilly) shall have effect as if the reference therein to the functions of the licensing justices under Part VII of that Act included a reference to the functions of those justices under this section.

Saving for clubs

36

In any proceedings under section 32 of this Act, gaining shall be held to have been conducted in accordance with the condition set out in subsection (1) (c) of that section if it is proved—

(a) that the gaming was carried on as an activity of a club ; and

(b) that, apart from any annual subscription for membership of the club, the only other payment required for a person to take part in the gaming was of a fixed sum of money determined before the gaming began; and

(i) a member of the club in pursuance of an application or nomination for membership made more than twenty-four hours before the gaming began ; or

(ii) a bona fide guest of such a member; and

(d) that the club is so constituted and conducted, both as regards membership and otherwise, as not to be of a merely temporary character.

Saving for entertainments not held for private gain

37

(1) Where gaming is carried on at an entertainment promoted for raising money to be applied for purposes other than private gain, then, in relation to that gaming—

(a) so much of section 34 of this Act as relates to gaming in a place other than a street shall not apply ; and

(b) section 32 of this Act shall have effect—

(i) as if subsection (2) (b) thereof were omitted; and

(ii) as if for the conditions set out in subsection (1) (b) and (c) of that section there were substituted the conditions set out in subsection (2) of this section.

(2) The conditions referred to in the foregoing subsection are—

(a) that not more than one payment (whether by way of entrance fee or stake or otherwise) is made by each player in respect of all games played at the entertainment, and that no such payment exceeds five shillings;

(b) that not more than one distribution of prizes or awards is made in respect of all games played at the entertainment, and that, subject to subsection (3) of this section, the total value of all prizes and awards distributed in respect of those games does not exceed twenty pounds ;

(c) that the whole of the proceeds of such payments as are mentioned in paragraph (a) of this subsection, after deducting sums lawfully appropriated on account of expenses or for the provision of prizes or awards in respect of the games, are applied for purposes other than private gain;

(d) that the amount of the said proceeds appropriated in respect of expenses does not exceed the reasonable cost of the facilities provided for the purposes of the games.

(3) Where two or more entertainments are promoted on the same premises by the same persons on the same day, the conditions set out in subsection (2) of this section shall apply in relation to those entertainments collectively as if they were a single entertainment; but, save as aforesaid, where a series of such entertainments is held, the said conditions shall apply separately to each entertainment in the series, whether or not some or all of the persons taking part in any one of those entertainments are thereby qualified to take part in any other of them; and where each of the persons taking part in the games played at the final entertainment of such a series is qualified to do so by reason of having taken part in the games played at another entertainment of that series held on a previous day, subsection (2)(b) of this section shall apply in relation to that final entertainment as if for the words " twenty pounds " there were substituted the words " one hundred pounds ".

Supplementary provisions with respect to gaming

38

(1) Notwithstanding any rule of law, premises shall not be a common gaming house by reason of the carrying on of gaming thereon.

(2) Nothing in section 41 of this Act shall make unlawful any gaming conducted in such circumstances that no offence under this Part of this Act is committed.

(3) Notwithstanding any rule of law, for the purposes of any enactment relating to betting, the expression " bet " shall not include any bet or stake at any gaming conducted as aforesaid.

(4) Notwithstanding any rule of law—

(a) the making of bets by way of pool betting; and

(b) participation in any lottery which satisfies the conditions set out in subsection (5) of this section,

shall not be held to be gaming.

(5) The conditions referred to in subsection (4) (b) of this section are—

(a) that the lottery is a lottery declared by section 43, 44 or 45 of this Act not to be unlawful; and

(b) that each winner of a prize is ascertained by reference to not more than three determining factors, each of those factors being either the result of a draw or other determination or the outcome of an event.

Local authorities not to subsidise premises for gaming

39

It is hereby declared that nothing contained in section 132 of the Local Government Act 1948 or in any local or private Act shall be deemed to authorise any local authority to maintain or subsidise any premises wholly or mainly for the purpose of persons resorting thereto habitually for the purpose of taking part in gaming:

References in other Acts to gaming or unlawful games

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III

Illegality of lotteries

41

Subject to the provisions of this Act, all lotteries are unlawful.

Offences in connection with lotteries

42

(1) Subject to the provisions of this section, every person who in connection with any lottery promoted or proposed to be promoted either in Great Britain or elsewhere—

(a) prints any tickets for use in the lottery; or

(b) sells or distributes, or offers or advertises for sale or distribution, or has in his possession for the purpose of sale or distribution, any tickets or chances in the lottery; or

(i) any advertisement of the lottery; or

(ii) any list, whether complete or not, of prize winners or winning tickets in the lottery; or

(iii) any such matter descriptive of the drawing or intended drawing of the lottery, or otherwise relating to the lottery, as is calculated to act as an inducement to persons to participate in that lottery or in other lotteries; or

(d) brings, or invites any person to send, into Great Britain for the purpose of sale or distribution any ticket in, or advertisement of, the lottery; or

(e) sends or attempts to send out of Great Britain any money or valuable thing received in respect of the sale or distribution, or any document recording the sale or distribution, or the identity of the holder, of any ticket or chance in the lottery; or

(f) uses any premises, or causes or knowingly permits any premises to be used, for purposes connected with the promotion or conduct of the lottery; or

(g) causes, procures or attempts to procure any person to do any of the above-mentioned acts,

shall be guilty of an offence.

(2) In any proceedings instituted under the foregoing subsection, it shall be a defence to prove either—

(a) that the lottery to which the proceedings relate was a lottery declared not to be unlawful by section 43, 44, 45 or 46 of this Act, and that at the date of the alleged offence the person charged believed, and had reasonable ground for believing, that none of the conditions required by that section to be observed in connection with the promotion and conduct of the lottery had been broken; or

(b) that the lottery to which the proceedings relate was also a game of chance and that at the time of the alleged offence the person charged believed, and had reasonable ground for believing, that it was being conducted in such circumstances that no offence under Part II of this Act was committed.

(3) In England, proceedings under subsection (1) (c) (iii) of this section in respect of any matter published in a newspaper shall not be instituted except by, or by direction of the Director of Public Prosecutions.

Exemption of small lotteries incidental to certain entertainments

43

(1) Where a lottery is promoted as an incident of an entertainment to which this section applies, that lottery shall not be unlawful but the conditions set out in subsection (2) of this section shall be observed in connection with its promotion and conduct and, if any of those conditions is contravened, every person concerned in the promotion or conduct of the lottery shall be guilty of an offence unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.

(2) The conditions referred to in the foregoing subsection are that—

(a) the whole, proceeds of the entertainment (including the proceeds of the lottery) after deducting—

(i) the expenses of the entertainment, excluding expenses incurred in connection with the lottery; and

(ii) the expenses incurred in printing tickets in the lottery; and

(iii) such sum, if any, not exceeding ten pounds as the promoters of the lottery think fit to appropriate on account of any expense incurred by them in purchasing prizes -in the lottery,

shall be devoted to purposes other than private gain;

(b) none of the prizes in the lottery shall be money prizes;

(c) tickets or chances in the lottery shall not be sold or issued, nor shall the result of the lottery be declared, except on the premises on which the entertainment takes place and during the progress of the entertainment; and

(d) the facilities afforded for participating in lotteries, or those facilities together with either or both of the following, that is to say—

(i) facilities offered by virtue of section 37 of this Act for taking part in gaming;

(ii) the opportunity to win prizes at amusements to which section 48 (3) of this Act applies,

shall not be the only, or the only substantial, inducement to persons to attend the entertainment.

(3) The entertainments to which this section applies are bazaars, sales of work, fetes, dinners, dances, sporting or athletic events and other entertainments of a similar character, whether limited to one day or extending over two or more days.

Exemption of private lotteries

44

(1) In this section, the expression "private lottery" means a lottery in Great Britain which is promoted for, and in which the sale of tickets or chances by the promoters is confined to, either—

(a) members of one society established and conducted for purposes not connected with gaming, betting or lotteries; or

(b) persons all of whom work on the same premises; or

and which is promoted by persons each of whom is a person to whom under the foregoing provisions of this subsection tickets or chances may be sold by the promoters and, in the case of a lottery promoted for the members of a society, is a person authorised in writing by the governing 'body of the society to promote the lottery; and for the purposes of this section, the expression "society" includes a club, institution, organisation or other association of persons by whatever name called, and each local or affiliated branch or section of a society shall be regarded as a separate and distinct society.

(2) A private lottery shall not be unlawful, but the following conditions shall be observed in connection with its promotion and conduct, that is to say—

(a) the whole proceeds, after deducting only expenses incurred for printing and stationery, shall be devoted to the provision of prizes for purchasers of tickets or chances, or, in the case of a lottery promoted for the members of a society, shall be devoted either—

(i) to the provision of prizes as aforesaid ; or

(ii) to purposes which are purposes of the society; or

(iii) as to part to the provision of prizes as aforesaid and as to the remainder to such purposes as aforesaid;

(b) there shall not be exhibited, published or distributed any written notice or advertisement of the lottery other than—

(i) a notice thereof exhibited on the premises of the society for whose members it is promoted or, as the case may be, on the premises on which the persons for whom it is promoted work or reside; and

(ii) such announcement or advertisement thereof as is contained in the tickets, if any;

(d) every ticket shall bear upon the face of it the name and address of each of the promoters and a statement of the persons to whom the sale of tickets or chances by the promoters is restricted, and a statement that no prize won in the lottery shall be paid or delivered by the promoters to any person other than the person to whom the winning ticket or chance was sold by them, and no prize shall be paid or delivered except in accordance with that statement;

(e) no ticket or chance shall be issued or allotted by the promoters except by way of sale and upon receipt of the full price thereof, and no money or valuable thing so received by a promoter shall in any circumstances be returned; and

(f) no tickets in the lottery shall be sent through the post.

(3) If any of the conditions set out in subsection (2) of this section is contravened, each of the promoters of the lottery, and, where the person by whom the condition is broken is not one of the promoters, that person also, shall be guilty of an offence:

Provided that it shall be a defence for a person charged only by reason of his being a promoter of the lottery to prove that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.

Exemption of certain small lotteries conducted for charitable, sporting or other purposes

45

(1) This section applies to any lottery which, not being a lottery declared by any other section of this Act not to be unlawful, is promoted in Great Britain on behalf of a society registered for the purposes of this section under Part I of Schedule 7 to this Act, being a society established and conducted wholly or mainly for one or more of the following purposes, that is to say—

(a) charitable purposes;

(b) participation in or support of athletic sports or games or cultural activities;

(c) purposes which, not being described in paragraph (a) or (b) of this subsection, are neither purposes of private gain nor purposes of any commercial undertaking,

and is so promoted for raising money to be applied for purposes of the society.

(2) In construing subsection (1) (c) of this section, any purpose for which any society is established and conducted which is calculated to benefit the society as a whole shall not be held to be a purpose of private gain by reason only that action in its fulfilment would result in benefit to any person as an individual; and for the purposes of this section, the expression "society" includes a club, institution, organisation or association of persons, by whatever name called, and any separate branch or section of such a club, institution, organisation or association.

(3) A lottery to which this section applies shall not be unlawful but the following conditions shall be observed in connection with its promotion and conduct, that is to say—

(a) the promoter of the lottery shall be a member of the society authorised in writing by the governing body of the society to act as the promoter;

(b) no remuneration shall be paid in respect of the lottery to the promoter or to any person employed by the promoter in connection with the lottery who carries on a betting business or is otherwise engaged by way of business in the organisation of betting;

(c) no prize shall exceed one hundred pounds in amount or value, and no ticket or chance shall be sold at a price exceeding one shilling;

(d) the whole proceeds after deducting sums lawfully appropriated on account of expenses or for the provision of prizes shall 'be applied to purposes of the society such as are described in subsection (1) (a), (b) or (c) of this section;

(e) the amount of the proceeds appropriated on account of expenses shall not exceed—

(i) the expenses actually incurred, or

(ii) ten per cent. of the whole proceeds,

whichever is the less, and the amount of the proceeds appropriated for the provision of prizes shall not exceed one half of the whole proceeds ;

(f) the price of every ticket or chance shall be the same, and the price of any ticket shall be stated on the ticket;

(g) the total value of the tickets or chances sold shall not exceed seven hundred and fifty pounds ; and if, on any day on which tickets or chances in the lottery are on sale, tickets or chances are on sale in another lottery to which this section applies promoted on behalf of the society, the total value of the tickets or chances sold in those lotteries taken together shall not exceed seven hundred and fifty pounds; and for the purposes of this paragraph tickets or chances in a lottery shall be deemed to be on sale on each day between the dates on which those tickets or chances are first and last sold, whether or not any such ticket or chance is sold on that day;

(h) no written notice or advertisement of the lottery shall be exhibited, published or distributed except—

(i) a notice or advertisement exhibited on the premises of the society, or published or distributed exclusively to members of the society; and

(ii) such notice or advertisement as may be contained in the tickets, if any;

(i) every ticket and every notice or advertisement of the lottery lawfully exhibited, distributed or published shall specify the name of the society, the name and address of the promoter and the date on which the draw, determination or event by or by reference to which the prize winners are ascertained will take place;

(j) no ticket shall be sent through the post to a person who is not a member of the society;

(k) no person shall be admitted to participate in the lottery in respect of a ticket or chance except after payment to the promoter of the whole price of the ticket or chance, and no money received by the promoter for or on account of a ticket or chance shall in any circumstances be returned;

(l) no payment on account of expenses or prizes shall be made out of moneys of the society other than proceeds of the lottery; and

(m) no ticket or chance shall be sold by or to a person under sixteen years of age.

(4) Any amount payable by way of the pool betting duty in respect of a lottery to which this section applies shall be included in the sums which may be deducted from the proceeds of the lottery under subsection (3)(d) of this section before those proceeds are applied as therein mentioned, but no reference in any other provision of this section to expenses shall be construed as including a reference to that amount.

(5) If any condition required by subsection (3) of this section to be observed in respect of a lottery is contravened, the promoter of the lottery and any other person who is party to the contravention shall be guilty of an offence:

Provided that—

(a) it shall be a defence for a person charged with any offence only by reason of his being the promoter to prove that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it;

(b) it shall be a defence for any person charged with an offence in respect of an appropriation or payment made in contravention of paragraph (e) or (l) of the said subsection (3) to prove—

(i) that the proceeds of the lottery fell short of the sum reasonably estimated; and

(ii) that the appropriation or payment was made in respect of expenses actually incurred, or in order to fulfil an unconditional undertaking as to prizes given in connection with the sale of the relevant tickets or chances; and

(iii) that the total amounts appropriated or paid in respect of expenses and prizes did not exceed the amounts which could lawfully be appropriated out of the proceeds of the lottery under the said paragraph (e) if the said proceeds had amounted to the sum reasonably estimated.

(6) Part II of Schedule 7 to this Act shall have effect with respect to the returns to be made by the promoter of a lottery to which this section applies.

Saving for lotteries of Art Unions

46

Nothing in this part of this Act shall affect the operation of the Art Unions Act 1846, and any lottery promoted and conducted in accordance with that Act shall not be unlawful.

Restriction of certain prize competitions

47

(1) It shall be unlawful to conduct in or through any newspaper, or in connection with any trade or business or the sale of any article to the public—

(a) any competition in which prizes are offered for forecasts of the result either—

(i) of a future event; or

(ii) of a past event the result of which is not yet ascertained or not yet generally known;

(b) any other competition success in which does not depend to a substantial degree upon the exercise of skill:

Provided that nothing in this subsection with respect to the conducting of competitions in connection with a trade or business shall apply in relation to sponsored pool betting or in relation to pool betting operations carried on by a person whose only trade or business is that of a bookmaker.

(2) Any person who contravenes the provisions of this section shall, without prejudice to any liability to be proceeded against under section 42 of this Act, be guilty of an offence.

Part IV

Provisions of amusements with prizes at certain noncommercial entertainments

48

(1) The provisions of this section shall have effect for the purpose of permitting the provision at any entertainment to which section 43 of this Act applies of amusements with prizes.

(2) Nothing in section 32, 33, 34, 41 or 42 of this Act shall apply in relation to amusements with prizes provided as an incident of such an entertainment as aforesaid ; but, in relation to any such amusement to which any of those sections would apply but for this subsection, the conditions set out in subsection (3) of this section shall be observed, and if either of those conditions is contravened every person concerned in the provision or conduct of that amusement shall be guilty of an offence unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it

(3) The conditions referred to in the last foregoing subsection are—

(a) that the whole proceeds of the entertainment (including the proceeds of any amusements to which this subsection applies) after deducting—

(i) the expenses of the entertainment, including any expenses incurred in connection with any such amusements and the provision of prizes thereat; and

(ii) any other amounts authorised to be deducted by section 43 (2) (a) of this Act will be devoted to purposes other than private gain; and

(b) that the opportunity to win prizes at amusements to which this subsection applies, or that opportunity together with facilities offered by virtue of section 43 of this Act for participating in a lottery or by virtue of section 37 of this Act for taking part in gaming, is not the only, or the only substantial, inducement to persons to attend the entertainment

Provision of amusements with prizes at certain commercial entertainments

49

(1) The provisions of this section shall have effect for the purpose of permitting the provision of amusements with prizes—

(a) on any premises in respect of which a permit for the provision thereon of such amusements has been granted by the local authority, and is for the time being in force, under Schedule 6 to this Act; and

(b) at any pleasure fair consisting wholly or mainly of amusements provided by travelling showmen which is held on any day of a year on premises not previously used in that year on more than twenty-seven days for the holding of such a pleasure fair.

(2) Nothing in section 32, 33, 34, 41 or 42 of this Act shall apply in relation to amusements with prizes provided on such premises as are mentioned in subsection (1) (a) or at such a pleasure fair as is mentioned in subsection (1)(b) of this section ; but in relation to any such amusement to which any of those sections would apply but for this subsection, the conditions set out in subsection (3) of this section shall be observed, and if any of those conditions is contravened every person concerned in the provision or conduct of that amusement shall be guilty of an offence unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.

(3) The conditions referred to in the last foregoing subsection are—

(a) that the amount paid by any person for any one chance to win a prize does not exceed one shilling;

(b) that the aggregate amount taken by way of the sale of chances in any one determination of-winners, if any, of prizes does not exceed fifty shillings, and that the sale of those chances and the declaration of the result take place on the same day and on the premises on which, and during the time when, the amusement is provided;

(d) that the winning of, or the purchase of a chance to win, a prize does not entitle any person, whether or not subject to a further payment by him, to any further opportunity to win money or money's worth by taking part in any amusement with prizes or in any gaming or lottery;

(e) in the case of such a pleasure fair as is mentioned in subsection (1) (b) of this section, that the opportunity to win prizes at amusements to which this subsection applies is not the only, or the only substantial, inducement to persons to attend the fair.

(4) Where any amusement with prizes takes the form of a game played by means of a machine, being a game which is made playable by the insertion of a coin or coins into the machine, then, notwithstanding that, in addition to a money prize, a successful player receives the opportunity to play the game again without the insertion of another coin, the condition set out in subsection (3)(d) of this section shall not be deemed to be contravened if the aggregate amount which can be won by the player without inserting another coin does not exceed one shilling.

Amusement machines

50

(1) Nothing in section 32, 33, 34, 41 or 42 of this Act shall apply to a game played by means of a machine in accordance with the conditions set out in subsection (2) of this section.

(2) The conditions referred to in the foregoing subsection are that—

(a) the game is made playable by the insertion of a coin or coins into the machine by means of which it is played; and

(b) a successful player neither receives nor is offered any benefit other than—

(i) the opportunity, afforded by the automatic action of the machine, to play the game again without the insertion of another coin; or

(ii) the delivery by the machine of a coin or coins of a value or aggregate value not exceeding that required in order to play the game once.

Part V — General

Search warrants

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Penalties and forfeitures

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences by bodies corporate

53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Construction of certain references to private gain

54

Interpretation, etc.-general

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential amendments in other Acts

56

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Repeals and savings

57

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Short title, extent and commencement

58

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SCHEDULE 1

...

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Applications for grant of permit or licence

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for renewal of permit or licence

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings before appropriate authority

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grounds for refusal to grant or renew bookmaker’s or betting agency permit

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grounds for refusal to grant or renew betting office licence

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grant or renewal of permit or licence

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals against refusals in England

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals against refusals in Scotland

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of change in directors during currency of bookmaker’s permit

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cancellation of bookmaker’s permit by appropriate authority

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duration of permit or licence

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registers of permits and licences

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Service of documents

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Provision of information

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SCHEDULE 2

...

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Interpretation

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Registration of pool promoters

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Fees in respect of registration

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Appointment of accountant by registering authority

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Conduct of registered pool promoter’s business

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Information to be given by promoters

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Duties and powers of the accountant

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Enforcement

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SCHEDULE 3

...

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Applications for licences

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grant or refusal of licence

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Duration and transfer of licences

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Fees in respect of licences

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Revocation of licence and appeal therefrom

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Fixing of betting days by licensing authority

14

(1) Subject to the provisions of this and the next following paragraph, each licensing authority shall, not later than the end of May in each year, fix one hundred and four days in the period of twelve months beginning with 1st July in that year as betting days, that is to say, days on which betting facilities may be provided on licensed tracks within the authority's area, and shall further fix four of those days as special betting days for the purposes of section 7 (2) of this Act.

(2) A licensing authority shall not be bound under the foregoing sub-paragraph to fix in advance betting days in any period of twelve months if it appears to them that at the beginning of that period no track betting licence will be in force in respect of a track in their area ; but, if they avail themselves of this sub-paragraph, then, so soon as they grant a track betting licence to take effect on any date during that period, they shall proceed to fix betting days in the part of that period which falls after the day preceding that date, and the number of days so fixed shall be twice the number of the complete weeks in that part of that period.

In this sub-paragraph, the expression "week" means a period of seven consecutive days beginning with a Sunday.

(3) The betting days and special betting days fixed by a licensing authority under this paragraph shall be the same for the whole of their area and shall not include Good Friday, Christmas Day or any Sunday.

15

(1) The following provisions of this paragraph shall have effect as regards the fixing of betting days for any period under paragraph 14 of this Schedule.

(2) At least one month before fixing the betting days for the period in question, the licensing authority shall publish in at least two newspapers circulating in their area a notice of their intention so to do.

(3) If, within one month from the date of the publication of the said notice, the licensing authority receive a notice in writing signed by all the holders of track betting licences in force in respect of tracks in their area stating that the signatories unanimously desire that the betting days in the period in question should be the days specified in the notice given under this sub-paragraph, then, if those days are days which might lawfully be fixed under paragraph 14 of this Schedule as the betting days for that period, the authority shall fix the days so specified as the betting days for that period.

(4) Unless the licensing authority fix the betting days for the period in question in accordance with sub-paragraph (3) of this paragraph, they shall before fixing those days consider any representations which may, during the period of one month beginning with the date of the publication of the notice required by sub-paragraph (2) of this paragraph, be made to them in writing by—

(a) any appropriate officer of police; or

(b) any person who is the holder of a track betting licence in force in respect of a track in the authority's area ; or

(c) any person who has given to the authority notice in writing of his intention to apply for such a licence in respect of such a track.

(5) The licensing authority shall, on being requested by any person so to do, inform that person of the latest time by which a notice under sub-paragraph (3) or a representation under sub-paragraph (4) of this paragraph must be received by the authority if it is to be effective.

SCHEDULE 4

...

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SCHEDULE 5

...

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SCHEDULE 6

1

Application for the grant of a permit for the provision of amusements with prizes on any premises may be made to the local authority by the person who is. or by any person who proposes if the permit is granted to become, the occupier of those premises; and the holder of such a permit may apply to the local authority from time to time for a renewal of his permit.

2

Subject to the provisions of this Schedule, the grant or renewal of a permit under this Schedule shall be at the discretion of the local authority, and if the permit is granted or renewed it shall cease to be in force on such date, not being earlier than three years after the date of the grant or renewal, as the authority may specify:

3

The local authority shall not refuse an application for the grant or renewal of a permit under this Schedule without giving the applicant or a person acting for him an opportunity of appearing before and being heard by the authority or a committee thereof, and shall not refuse an application for the renewal of such a permit otherwise than by reason of the conditions in which amusements with prizes have been provided under the permit or the manner in which those amusements have been conducted.

4

On any grant or renewal by the local authority of a permit under this Schedule there shall be paid to the authority by the applicant for the grant or renewal a fee of one pound.

5

A permit under this Schedule shall not be transferable and shall be of no effect at any time when the holder of the permit is not the occupier of the premises to which it relates ; but in the event of the death of the holder of such a permit, then during the period of six months commencing with the death the permit shall be deemed to continue in force and, except for the purposes of a renewal of the permit, his legal personal representatives shall be deemed to be the holder thereof; and the local authority may from time to time, on the application of those representatives, extend or further extend the said period of six months if the authority are satisfied that the extension is necessary for the purpose of winding up the deceased's estate and that no other circumstances make it undesirable.

6

Where a local authority in England refuse any application for the grant or renewal of a permit under this Schedule, the authority shall forthwith inform the applicant of the refusal and furnish him with a written statement of the grounds thereof, and the applicant may appeal in accordance with the provisions of the Quarter Sessions Act 1849 to the next practicable court of quarter sessions having jurisdiction in the area of the authority and held not less than twenty-one clear days after notice of the refusal is given to him, and notice of any appeal under this paragraph shall be given to the local authority and to the clerk of the peace.

7

Where a local authority in Scotland refuse any application for the grant or renewal of a permit under this Schedule in respect of any premises, the local authority shall forthwith notify the applicant of the refusal and furnish him with a written statement of the grounds thereof, and he may appeal, within such time, and in accordance with such rules, as may be prescribed by the Court of Session by act of sederunt, to the sheriff having jurisdiction in the area in which the premises are situated, and on any such appeal the decision of the sheriff shall be final and may include such order as to the expenses of the appeal as he thinks proper.

8

In the case of a refusal by the local authority to renew a permit under this Schedule, the permit shall not cease to be in force by virtue of paragraph 2 of this Schedule—

(a) until the expiration of the time within which notice of an appeal under paragraph 6 or, as the case may be, paragraph 7 of this Schedule may be given; nor

(b) if such notice is duly given, until the determination or abandonment of the appeal; nor

(c) if the appeal succeeds, until such date as may be specified by the local authority under paragraph 2 of this Schedule on renewing the permit in consequence of the allowing of the appeal.

9

In this Schedule, the expression " local authority ", in relation to any premises, means—

(a) in England, the local authority (being the council of a county borough, metropolitan borough or county district or the Common Council of the City of London) within whose area the premises are situated;

(b) in Scotland, where the premises are situated in a burgh, the council of that burgh, and in any other case the council of the county within which the premises are situated:

SCHEDULE 7

PART I

Registration of societies

1

(1) An application for the registration of a society for the purposes of section 45 of this Act shall be made to the local authority.

(2) In this Schedule, the expression "the local authority." in relation to any society, means the authority, being—

(a) in England, the council of a county borough, metropolitan borough or county district or the Common Council of the City of London ; or

(b) in Scotland, a county council or town council,

within whose area the office or head office of the society is situated.

2

Any such application shall specify the purposes for which the society is established and conducted.

3

Subject to the provisions of this Schedule, upon application being duly made on behalf of a society and on payment of a fee of one pound, the local authority shall register the society in a register to be kept for the purposes of section 45 of this Act and notify the society in writing that they have done so.

4

The local authority may, after giving the society an opportunity of being heard, refuse or revoke the registration of a society under this Part of this Schedule if it appears to the authority—

(a) that any person has been convicted of an offence committed in connection with a lottery promoted or proposed to be promoted on behalf of the society, being—

(i) an offence under section 45 of this Act, under paragraph 12 of this Schedule or under the Small Lotteries and Gaming Act 1956 ; or

(ii) an offence under section 42 of this Act; or

(iii) an offence under section 22 of the Betting and Lotteries Act 1934 committed after 4th August 1956 ; or

(b) that the society is not or has ceased to be a society on behalf of which lotteries may be promoted under the said section 45.

5

Where the registration of any society has been refused or revoked under the last foregoing paragraph by a local authority in England, that authority shall forthwith notify the society of the refusal or revocation, and the society may appeal in accordance with the provisions of the Quarter Sessions Act 1849 to the next practicable court of quarter sessions having jurisdiction in the local authority's area and held not less than twenty-one clear days after the notice of the refusal or revocation is given to the society, and notice of any appeal under this paragraph shall be given to the local authority and to the clerk of the peace.

6

Where the registration of any society has been refused or revoked under paragraph 4 of this Schedule by a local authority in Scotland, that authority shall forthwith notify the society of the refusal or revocation, and the society may appeal, within such time, and in accordance with such rules, as may be prescribed by the Court of Session by act of sederunt, to the sheriff having jurisdiction in the local authority's area, and on any such appeal the decision of the sheriff shall be final and may include such order as to the expenses of the appeal as he thinks proper.

7

Where the local authority revoke a registration under paragraph 4 of this Schedule, then, until the time within which notice of appeal under paragraph 5 or 6 thereof may be given has expired and, if such notice is duly given, until the determination or abandonment of the appeal, the registration shall be deemed to continue in force, and if the court of quarter sessions or, as the case may be, the sheriff confirms the decision of the local authority, the court or the sheriff may, if it or he thinks fit, order that the registration shall continue in force for a further period not exceeding two months from the date of the order.

8

A society which is for the time being registered under this Part of this Schedule may at any time apply to the local authority for the cancellation of the registration ; and in any such case the authority shall cancel the registration accordingly.

9

Every society which is registered under this Part of this Schedule shall pay to the local authority on 1st January in each year while it is so registered a fee of one pound, and any such fee which remains unpaid after the date on which it becomes payable may be recovered by the authority as a debt.

PART II

Returns to be made by promoters

10

The promoter of a lottery to which section 45 of this Act applies shall, not later than the end of the third month after the month in which the winners of prizes in the lottery are ascertained, send to the local authority a return certified by two other members of the society, being persons of full age appointed in writing by the governing body of the society, showing—

(a) the whole proceeds of the lottery;

(b) the sums appropriated out of those proceeds on account of expenses and on account of prizes respectively ;

(c) the particular purpose or purposes to which proceeds of the lottery were applied in pursuance of section 45 (3) (d) of this Act, and the amount applied for that purpose, or for each of those purposes, as the case may be; and

(d) the dates between which tickets or chances in the lottery were sold.

11

The local authority shall preserve any return sent to them under the last foregoing paragraph for a period of at least one year, and during that period shall keep the return deposited at their office and permit any member of the public to inspect it during office hours free of charge.

12

Any person who fails to send a return in accordance with the provisions of this Part of this Schedule, or who knowingly gives in any such return sent by him any information which is false or misleading, or who certifies any such return knowing it to contain such information, shall be liable on summary conviction to a fine not exceeding twenty pounds.

SCHEDULE 8

Restriction on bookmaking except under bookmaker’s permit.

10A

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16A

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Betting workers: Sunday working

31A

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32

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41

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48

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