Gambling Bill

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House of Lords

Session 2004 - 05
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Other Bills before Parliament

Gambling Bill

Gambling Bill

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department for Culture, Media and
Sport, are published separately as HL Bill 19—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
The Lord McIntosh of Haringey 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.

HL Bill 19
53/4

Gambling Bill

HL Bill 19 53/4

Gambling Bill

Contents
Part 1
Interpretation of Key Concepts
Principal concepts
1
The licensing objectives
2
Licensing authorities
3
Gambling
4
Remote gambling
5
Facilities for gambling
Gaming
6
Gaming & game of chance
7
Casino
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
15
National Lottery
Cross-category activities
16
Betting and gaming
17
Lotteries and gaming
18
Lotteries and betting

HL Bill 19
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Gambling Bill
iv

Miscellaneous
19
Non-commercial society
Part 2
The Gambling Commission
20
Establishment of the Commission
21
Gaming Board: transfer to Commission
22
Duty to promote the licensing objectives
23
Policy for licensing and regulation
24
Codes of practice
25
Guidance to local authorities
26
Duty to advise Secretary of State
27
Investigation and prosecution of offences
28
Licensing authority information
29
Other exchange of information
30
Consultation with National Lottery Commission
31
Consultation with Commissioners of Customs and Excise
Part 3
General offences
Provision of facilities for gambling
32
Provision of facilities for gambling
33
Exception: lotteries
34
Exception: gaming machines
35
Territorial application
Use of premises
36
Use of premises
37
Power to amend section 36
38
Exception: occasional use notice
39
Exception: football pools
Miscellaneous offences
40
Gambling software
41
Cheating
42
Chain-gift schemes
43
Provision of unlawful facilities abroad
Part 4
Protection of children and young persons
Interpretation
44
Meaning of “child” and “young person”

Gambling Bill
v

Principal offences
45
Invitation to gamble
46
Invitation to enter premises
47
Gambling
48
Entering premises
49
Provision of facilities for gambling
Employment offences
50
Employment to provide facilities for gambling
51
Employment for lottery or football pools
52
Employment on bingo and club premises
53
Employment on premises with gaming machines
54
Employment in casino, &c.
Miscellaneous offences
55
Invitation to participate in lottery
56
Invitation to participate in football pools
57
Return of stake
58
Age limit for Category D gaming machines
General
59
Temporary use notice
60
Meaning of employment
61
Penalty
62
Reasonable belief about person’s age
Part 5
Operating Licences
Introductory
63
Nature of licence
64
Form of licence
65
Remote gambling
66
Combined licence
Issue
67
Application
68
Consideration of application: general principles
69
Consideration of application: criminal record
70
Consideration of application: demand
71
Procedure
72
Determination of application
Conditions
73
General conditions imposed by Commission
74
General conditions: procedure
75
Individual condition imposed by Commission

Gambling Bill
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76
Condition imposed by Secretary of State
77
Scope of powers to attach conditions
78
Requirement for personal licence
79
Credit and inducements
80
Compliance with code of practice
81
Return of stakes to children
82
Premises
83
Equipment
84
Gaming machines
85
Membership
86
Information
Rules for particular kinds of licence
87
Remote operating licence
88
Casino operating licence
89
Bingo operating licence
90
General betting operating licence
91
Pool betting operating licence
92
Horse-race pool betting operating licence
93
Betting on the National Lottery
94
Gaming machine technical operating licence
95
Gambling software operating licence: standards
96
Lottery operating licences
97
Mandatory conditions of lottery operating licence
Maintenance
98
Annual fee
99
Change of circumstance
100
Change of corporate control
101
Section 100 : supplemental
102
Application to vary licence
103
Amendment
104
Register of operating licences
105
Copy of licence
106
Production of licence
107
Conviction
Duration
108
Indefinite duration
109
Power to limit duration
110
Renewal of licence
111
Surrender
112
Lapse
113
Forfeiture
Regulation
114
Review
115
Regulatory powers
116
Suspension
117
Revocation

Gambling Bill
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118
Conditions for suspension or revocation
119
Financial penalty
120
Information
General
121
Levy
122
Directions and requirements
123
Relevant offence: disapplication of rehabilitation
124
Interpretation
Part 6
Personal Licences
125
Nature of personal licence
126
Application of provisions of Part 5
127
Exemption for small-scale operators
128
Application
129
Duration
130
Fees
131
Multiple licences
132
Production of licence
133
Review
134
Disqualification
135
Notification of operating licensee
136
Conviction
137
Breach of personal licence condition
Part 7
Operating and Personal Licences: Appeals
138
The Gambling Appeals Tribunal
139
Appeal to Tribunal
140
Timing
141
Appeal from Tribunal
142
Powers of Tribunal
143
Stay pending appeal
144
Rules
145
Fees
146
Legal assistance
147
Enforcement of costs orders
Part 8
Premises Licences
The licence
148
Nature of licence
149
Form of licence
150
Combined licence, &c.

© Parliamentary copyright 2005
Revised 26 January 2005