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Police Law - Ninth Edition

Chapter 20 - Betting, Gaming and Lotteries

Chapter 20 - Betting, Gaming and Lotteries

The provisions of the Gambling Act 2005 are to be brought into force by order. The provisions of Chapter 20 are correct at this time. SIs 2005/2425 and 2005/2455 have brought into force the provisions essential to the setting up of the new procedures prescribed by the Act.

The 2005 Act provides for a 'Gambling Commission' which will be responsible for licensing persons who are concerned in providing gambling facilities, such as casinos and betting shops. The provisions leading to the establishment of the Commission have since been brought into force. The licensing of the premises upon which such activities will take place will be the responsibility of local authorities. It is anticipated that the new provisions, so far as they are concerned with police involvement in the supervision of such premises and the detection of offences, will not be in force before 2007.

[Added September 2006]
The Gambling Act 2005 (Transitional Provisions) (No 2) Order 2006/1758 came into force on 1 August 2006 and makes transitional provisions concerning the grant and renewal of certain licences and permits issued under enactments to be repealed by the Gambling Act 2005.

Track betting licences were previously issued for a period of seven years. The Order provides for a new track betting licence to be treated as having been granted where it is due to expire in the period between 31 August 2006 and 30 August 2007. The licence will have effect until 31 August 2007.

Gaming in casinos and bingo clubs takes place under a licence and similar provision is made for their continuance until 31 August 2007.

Gaming Act 1968 permits under s 34 (gaming machines in amusement areas) will similarly remain current until 31 August 2007 although this does not apply to premises licensed to supply alcohol. The Order also makes provision about the period of any s 34 permit granted or renewed in respect of premises other than amusement machine premises or alcohol licensed premises in the period between 1 August 2006 and the date of repeal of the existing legislation. Such a permit will cease to have effect on 31 July 2009.

Amusements with prizes are currently permitted under a permit granted under the Lotteries and Amusements Act 1976 (Section 16 permits). Permits allow amusements with prizes where the amusements constitute a lottery or gaming. The Order deems such permits to have been renewed until 31 August 2007 where due to expire in the transitional period and to be valid until 31 August 2007. This will not apply where a resolution has been passed by the appropriate local authority that it will not renew permits in respect of the relevant class of premises.

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Gaming on uncontrolled premises p 643

A s 16 permit held in respect of 'licensed premises' was transferred to the holder of a 'premises licence' in respect of those premises (if a different person from the previous licensee) when that licence came into force under the Licensing Act 2003. [SI 2005/3028]

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Gaming machines other than machines for gaming by way of amusement with prizes, p 649

The maximum stake for one operation of the machine is 50 pence in relation to premises other than casinos. In a casino the amount varies depending upon the maximum prize for a single operation of the machine. Where a prize delivered by a casino jackpot machine cannot exceed £500, the maximum sum is £100. In any other case, the maximum charge is £2. [SI 2005/2776]

The figure £2,000, was increased to £4,000 in relation to the maximum prize `where it is on any other licensed premises, SI 2005/2775.

[New Jaunary 2007]
The Gaming Act 1968 (Variation of Monetary Limits) Order 2006, SI 2006/2663 came into force on 27 October 2006. The effect is to increase the value of the charge for play in respect of a gaming machine (s 31 machine) in premises licensed under the GA 1968 or a club or miners' welfare institute registered under the Act, from 50 pence to £1. In relation to amusement with prizes machines (s 34 machines) the charge for play is increased from 30 pence to 50 pence. GA 1968, s 34 (6C) and (5D) specify the limits placed on prizes in respect of a particular type of machine known as a higher value or all cash machine. The limit is increased from £25 to £35.

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Gaming machines for gaming by way of amusements with prizes p 649

A s 34 permit in respect of 'licensed premises' was transferred to the holder of a 'premises licence' in respect of those premises (if different from the previous licensee) when that licence came into force under the Licensing Act 2003. [SI 2005/3027]