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Protection of Children and Young Persons
The Gambling Act 2005 creates a new independent regulatory body, the Gambling Commission whose remit will encompass gambling operations such as casinos, bingo, betting, gaming machines, pool betting and the larger charity lotteries but exclude the National Lottery and spread betting operations which are regulated by other bodies.
Operating Licences are required for the lawful provision of facilities for gambling by providers of gambling that operate premises as well as those that offer gambling through remote technologies like the Internet and mobile telephones. Personal licences will also be required by certain personnel within those operations.
The Licensing Objectives are :-
• to prevent gambling from being a source of, or associated with crime or disorder.
• to ensure that gambling is conducted in a fair and open way.
• to protect children or vulnerable persons from being harmed or exploited.
Local Councils are the licensing authority. Enforcement is carried out by Enforcement officers employed by the Gambling Commission, Authorised officers employed by the local authority and Constables. Prosecuting Authorities include The Gambling Commission, Local Authorities, National Crime Squad and the National Criminal Intelligence Service.
Gambling means gaming, betting or participating in a lottery or a combination of two or more.
Remote gambling is where use is made of the internet, telephone, television, radio, or other kind of electronic communication.
It is an offence for a person to cheat or do anything to enable or assist another person to cheat at gambling.
It is immaterial whether a person improves his chances of winning, or wins anything.
Operating licences provide for the lawful provision of facilities for gambling. There are different kinds of operating licences for the various forms of gambling facilities.
This type of licence is required by anyone wishing to accept or make bets in the course of a business. This replaces the old bookmaker’s permit. Conditions attached to the licence replace the licensed Betting Office Regulations.
A personal licence authorises a person to perform a managerial or operational function connected with the provision of facilities for gambling.
For each operating licence, at least one person occupying a managerial position must hold a personal licence authorising them to perform that function, (unless the operator is a small-scale operator).
Premises licences, unlike operating licences, are transferable between occupiers (who hold operating licences), on application to the licensing authority. Conditions on premises licences can be set by the licensing authority, and by the Secretary of State. Like the operators licence, there are different types of premises licence dependant on what the premises are to be used for.
• Members clubs and Miners welfare institutes - Only members and guests can play.
• Premises with alcohol on licence - Premises, (excluding vehicles), containing a bar where alcohol is served for consumption on the premises is exempt with regard to equal chance gaming, (i.e., no bank all players have an equal chance) - Children (under 16 years) and young persons (16 and 17 year olds) are excluded from participation.
It is an offence for the holder of an operating licence to fail, without reasonable excuse, to produce it to a constable or enforcement officer within a specified period.
It is an offence for the holder of a personal licence to fail, without reasonable excuse, to produce it to a constable or enforcement officer :-
• within a specified period, or
• while the individual is carrying on a licensed activity, immediately, or
• while the individual is on premises in respect of which a premises licence has effect, immediately.
It is an offence for a person to provide facilities for gambling unless he holds an operating licence for the activity or acts in the course of a business of the licence holder, and the activity is carried on within its terms and conditions.
• provision of facilities for a lottery - section 34,
• making a gaming machine available for use - section 35
• clubs and miners’ welfare institutes - sections 269 and 271
• premises with alcohol licence, section 279
• prize gaming, sections 289 to 292
• private gaming and betting, section 296
• non-commercial gaming, section 298 (
A person provides facilities for gambling if he : -
• invites others to gamble in accordance with arrangements made by him,
• provides, operates or administers arrangements for gambling by others, or
• participates in the operation or administration of gambling by others.
It is an offence for a person to use, cause or permit premises to be used, to :-
• operate a casino,
• provide facilities for the playing of bingo,
• make a gaming machine available for use,
• provide other facilities for gaming, or
• provide facilities for betting, (including making or accepting bets, acting as a betting intermediary)
Except where : -
• there is a premises licence or he is acting in the course of the licence holder’s business.
• there is a casino premises licence for bingo or betting Sec 174(3).
• premises used only by persons providing facilities in the course of a business.
• there is an occasional use notice, Sec 39, or a temporary use notice, Sec 214.
• there is a pool betting licence in relation to football pools, Sec 40 & 93.
• there are no prize or limited prize machines, or a single machine supply and maintenance permit, Sec 247, 248 and 249.
• gaming is exempt, or there is a club gaming or machine permit, Sec 269, 271 & 273.
• premise with an alcohol licence and gaming is exempt, or there is an automatic right to a gaming machine or
• there is the appropriate machine permit, Sec 279, 282 & 283.
• it is a travelling fair, Sec. 287
• there is a prize gaming permit, or a bingo premises licence, Sec 289 to 292.
• it is private gaming and betting, or non-commercial gaming, Sec 296 &298.
It is an offence for a person to manufacture, supply, install or adapt gambling software in the course of a business unless he has an operating licence.
A constable, enforcement officer or authorised person may : -
• undertake activities to ensure compliance with the Act or to uncover offences.
• enter premises, (excluding dwellings), if they reasonably suspect facilities for gambling, (excluding private or non-commercial gambling) may be being, about to be, or have been provided, in order to determine :-
- if that is the case,
- whether an operating or premises licence is held, and
- whether it is in compliance with the terms and conditions of such a licence.
A constable or enforcement officer may enter premises (excluding dwellings) :-
• if he reasonably suspects an offence is being or about to be committed on the premises, or
• if he reasonably believes they are being used by the holder of an operating licence wholly or partly for purposes connected with the licensed activities in order to determine whether the licensed activities are being carried on in accordance with the terms and conditions of the operating licence.
It is an offence for a person, without reasonable excuse, to obstruct or fail to cooperate with, a constable, enforcement officer or authorised person who is exercising or seeking to exercise a power under the Act.
The Act also provides for the application for and issue of warrants to enter and search premises (including dwellings) if certain criteria are met.
Where a person is charged with an offence regarding a child or young person it is a defence for the person to prove that : -
• he took all reasonable steps to determine the individual’s age, and
• he reasonably believed that the individual was not a child or as the case may be, a young person.
It is an offence for a person to invite or permit a child or young person to enter :-
• premises where a casino premises licence is in effect when the premises are being used as such, except where : -
- entry is permitted to part of premises used as a regional casino, and
- that part is not being used for the provision of facilities for gambling when entry is permitted.
• premises other than a track if: -
- a betting premises licence has effect, and
- the premises are being used as such when the child or young person is invited or permitted to enter.
• premises if an adult gaming centre premises licence has effect and they are being used as such when the child or young person is invited or permitted to enter.
• any area of premises licensed in respect of a track where : -
- facilities for betting are provided (except on a day when dog or horse racing takes place, or is expected to take place, on the track or course), or
- a gaming machine, other than a Category D machine, is situated.
• part of premises if they are a licensed family entertainment centre giving access to a Category C gaming machine at a time the machine is being used or is available for use.
It is an offence for a person to invite, cause or permit a child or young person to gamble, except : -
• participation in private or non-commercial gaming, or betting,
• participation in a lottery,
• participation in football pools,
• participation in equal chance gaming in accordance with a prize gaming permit, or at a licensed family entertainment centre,
• participation in prize gaming at a non-licensed family entertainment centre, or at a travelling fair, or
• the use of a Category D gaming machine.
It is an offence for a person to invite, cause, or permit a child to participate in a lottery except :-
• an incidental non-commercial lottery that is exempt under Schedule 11,
• a private lottery (whether a private society lottery, a work lottery or a residents’ lottery) that is exempt under Schedule 11, or
• The National Lottery.
It is an offence for a person to invite, cause or permit a child to participate in football pools.
It is an offence for a person to employ a child or young person to provide facilities for gambling except in connection with private or non-commercial gaming or betting, a lottery, football pools, or prize gaming at a travelling fair.
It is an offence for a person to employ a child to provide facilities for gambling in connection with a lottery (other than the National Lottery), or football pools.
It is an offence for a person to employ a child to perform any function on premises when facilities are provided for the playing of bingo, or gambling under a club gaming permit or a club machine permit.
It is an offence for a person to employ a child or young person to perform any function on premises where a Category A, B, C or D gaming machine is situated where in the course of that employment to he is or may have to perform a function in connection with the gaming machine.
It is an offence for a young person to be employed in contravention of the above.
It is an offence for a person to employ a child or young person to perform any function on premises where there is in force a casino premises licence, a betting premises licence, or an adult gaming centre premises licence, except when no activity is being carried on the premises, or on a part of premises used for a regional casino when gambling is not taking place.
It is an offence for a young person to be employed in contravention of the above
It is an offence for a young person to gamble except participation in : -
• private or non-commercial gaming or betting,
• a lottery,
• football pools,
• the use of a Category D gaming machine,
• equal chance gaming in accordance with a prize gaming permit, or at a licensed family entertainment centre,
• prize gaming at a non-licensed family entertainment centre, or at a travelling fair in accordance with section 292.
It is an offence for a young person to enter premises in circumstances where another would commit an offence under section 47 if that person invited or permitted the young person to enter.
It is an offence for a young person to provide facilities for gambling except in connection with: -
• private or non-commercial gaming or betting,
• a lottery,
• football pools, or
• prize gaming at a travelling fair.