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Appendix D - Summary of offences under the Gambling Act 2005

  1. Appendix D: Summary of offences under the Gambling Act 2005

Back To TopAppendix D: Summary of offences under the Gambling Act 2005

General offences regarding the provision of gambling facilities

Providing gambling facilities in Great Britain without a relevant licence, permit, notice, or exemption included under the Act.

S.33

Using premises to provide gambling facilities from, or causing them to be provided, without a relevant licence, permit, notice or exemption under the Act.

S.37

Offence regarding cheating at gambling

Cheating, attempting to cheat, or assisting another person to cheat at gambling.

S.42

Offences committed towards or by under-18s

Inviting, causing or permitting a child (under 16) or young person (16 – 17) to gamble, with the exception of:

  • private / non-commercial gaming and betting
  • participating in lotteries
  • participating in football pools
  • using a category D gaming machine
  • participating in equal chance gaming at premises subject of a prize gaming permit or an FEC premises licence
  • participating in prize gaming at a fair or an unlicensed FEC

This offence includes intentional distribution of advertising to under-18s where the intent is to encourage gambling.

It is also an offence on the part of a young person to gamble with the exception of situations listed above.

S.46

S.48

Inviting or permitting a child or young person to enter:

  • a casino
  • a betting premises (except for betting areas of horse and greyhound tracks on race days)
  • an adult gaming centre
  • areas of a family entertainment centre where category C gaming machines are situated.

This offence is committed at all times when the premises listed above are being used in reliance on the premises licence.

It is also an offence on the part of a young person to enter the premises listed above.

S.47

S.49

Young person providing facilities for gambling, with the exception of:

  • private / non-commercial gaming and betting
  • a lottery
  • football pools
  • prize gaming at a travelling fair.

S.50

Employing a child or young person to provide gambling facilities, with the exception of providing the following facilities:

  • private / non-commercial gaming and betting
  • prize gaming at a travelling fair.

Employing a child to provide facilities in connection with:

  • a lottery
  • football pools.

S.51

S.52

Employing a child for any purposes when bingo is provided or gambling provided in accordance with a club gaming permit or club machine permit.

S.53

Employing a child or young person to perform any function connected to a gaming machine.

It is also an offence on the part of a young person if they are employed in such a role.

S.54

Employing a child or young person in a casino, an adult gaming centre, or at a betting premises, unless it is at a time when no activity is being carried on in reliance on the premises licence.

It is also an offence on the part of a young person if they are employed in such a role.

S.55

Inviting, causing or permitting a child to take part in football pools or a lottery with the exception of:

  • an incidental lottery
  • a private lottery
  • part of the National Lottery.

Sections 56 and 57

Failure to comply with an operating licence condition to return stake to a child or young person.

S.58

Offences connected to operating licences

Failure to comply with an operating licence condition to return stake to a child or young person.

S.58

Failing without reasonable excuse to notify the Commission of change in circumstances.

S.101

Licensee failing without reasonable excuse to produce their operating licence when requested by a police officer or enforcement officer.

S.108

Licensee failing to notify the Commission without reasonable excuse and as soon as reasonably practicable about conviction of an offence.

S.109

Licensee failing to notify the court upon conviction of a relevant offence that they are an operating licence holder.

S.109

Licensee failing without reasonable excuse to produce records for the Commission relating to operating licensed activities or information about licensed activities.

S.122

Operating licence holder fails without reasonable excuse to produce the authorisation they have given to someone to accept bets on their behalf, when asked to do so by a police officer or enforcement officer.

This offence can also apply to the person that has been authorised to accept bets.

S.316

Offences connected to personal licences

Failure without reasonable excuse to produce a personal licence to a police officer or enforcement officer.

S.134

Licensee failing to notify the Commission as soon as reasonably practicable about a conviction of offence.

S.138

Licensee failing to act within the terms and conditions of their licence.

S.139

General offences connected to all premises licences

Licensee failing without reasonable excuse to keep premises licence on premises and make available for inspection to a police officer, enforcement officer or authorised person.

S.185

Licensee failing to notify without reasonable excuse the licensing authority about change of residential address or other details on the licence.

S.186

Offences connected to temporary use notices

Failure of premises licence holder to without reasonable excuse prominently display or make available their temporary use notice to a police officer, customs and excise officer, enforcement officer or licensing authority officer.

S.229

Offences connected to gaming machines

Making a gaming machine available for use without a relevant licence or permit, or in contravention of regulations made under s.240 of the Act (SI No 2007/2319).

S.242

Manufacturing, supplying, installing, adapting, maintaining, or repairing a gaming machine without a suitable operating licence, unless:

  • the gaming machine is scrap with no commercial value
  • the gaming machine is incidental to the sale/letting of previously-licensed property.

S.243

Supplying, installing, adapting, maintaining or repairing a gaming machine (or part of) without complying with regulations made under s.241 of the Act (SI: No. 2007/2320), unless:

  • the gaming machine is scrap with no commercial value
  • the gaming machine is incidental to the sale/letting of previously-licensed property.

S.243

Supplying, installing or making available for use a gaming machine allowing payment by credit card.

S.245

Offences connected to lotteries

The offences listed here do not apply to lotteries or products forming part of the National Lottery, which are dealt with under the National Lottery etc. Act 1998 rather than the Gambling Act 2005. Police enquiries regarding offences connected to the National Lottery should be directed to the Commission.

Promoting a non-exempt lottery without a suitable operating licence or on behalf of someone with a suitable operating licence.

S.258

Facilitating a non-exempt lottery without holding a suitable operating licence (where facilitating includes functions such as advertising and printing tickets and promotional materials).

S.259

Misusing profits from a lottery, ie using them or causing them to be used for purposes other than the advertised purpose of the lottery.

S.260

Misusing profits from an incidental lottery, a private society lottery, a work lottery, a residents’ lottery or a small society lottery.

S.261

A non-commercial society promoting a lottery without being registered with a licensing authority, or failing to provide the licensing authority with returns (or providing false returns) following a small society lottery.

S.262

Offence connected to bingo played in clubs and institutes

Failing without reasonable excuse to inform the Commission of periods of high turnover bingo if the club or institute does not hold an operating licence (high turnover bingo being where the stakes or prizes of all games of bingo played in a seven day period exceed £2,000).

S.275

Offence connected to use of proceeds from gaming at non-commercial events

Using the profits (or permitting them to be used) from non-commercial prize gaming or equal chance gaming for a purpose other than that specified as the fund-raising purpose of the gaming.

S.301

Offence connected to casino premises licences

Failure on the part of the casino premises licence holder to produce upon demand (by a police officer or enforcement officer) the authorisation they have given to someone to provide bingo or betting facilities at the casino in question.

This offence can also be committed by the individual or organisation authorised by the casino premises licence holder if they fail to produce the authorisation.

S.316

Offence of obstructing or failing to co-operate during an inspection

Obstructing or failing to cooperate without reasonable excuse with a police officer, enforcement officer or authorised person carrying out inspection activity under Part 15 of the Act.

S.326

Offence of providing false or misleading information

Providing false or misleading information to the Commission or a licensing authority regarding any provision of the Act.

S.342

Offences connected to advertising of gambling facilities

Contravention of any regulations relating to gambling advertising. (Nb the Secretary of State for Culture, Media and Sport has chosen not to exercise their reserve powers to make such secondary legislation at this time).

S.328

Knowingly advertising unlawful gambling without reasonable belief otherwise.

S.330

Advertising foreign gambling facilities other than lotteries (in accordance with regulations SI: 2007/2329).

S.331

Offence of failing to comply with a forfeiture order

Failure to comply with a court’s forfeiture order to surrender named materials to a police officer, or co-operate with steps to comply with the order.

S.345

Offence connected to unlicensed family entertainment centres

Occupier of premises failing without reasonable excuse to produce their family entertainment centre gaming machine permit for a police officer, enforcement officer or authorised officer.

Schedule 10(20)

Offences connected to club gaming and club machine permits

Failing without reasonable excuse to produce a club gaming permit or club machine permit for a police officer or enforcement officer.

Schedule 12(13)

Failure without reasonable excuse to have club gaming or club machine permits varied by the licensing authority as soon as practicable upon a change of circumstances.

Schedule 12(15)

Offence connected to alcohol licensed premises gaming machine permits

Failure without reasonable excuse to produce a licensed premises gaming machine permit upon the request of a police officer, enforcement officer or authorised person.

Schedule 13(10)

Offence connected to prize gaming permits

Failure without reasonable excuse to produce a prize gaming permit upon the request of a police officer, enforcement officer or authorised person.

Schedule 14(20)

Offence connected to gambling software

Manufacturing, supplying, installing or adapting gambling software without holding a relevant operating licence.

S.41

Offence connected to chain-gift schemes

Inviting another person to join chain-gift schemes or participating in the promotion of chain-gift schemes.

S.43