Lotteries and the Gambling Act 2005
Guidance on lotteries and the Gambling Act 2005 for local authorities
- Definition of a lottery
- Definition of ‘prize’
- Definition of ‘society’
- Application and Duration
- Annual Fee
- Refusal of application
- Revocation of a small society’s registered status
- Lottery Tickets
- Lottery Proceeds
- Lottery Prizes
- Administration and returns
- Lottery register
- Types of lottery that do not require a registration or licence (exempt lotteries)
- When is a lottery not a lottery?
- Common Problems
Refusal of application
You must refuse an application for a small society lottery registration if:
- the applicant held an Operating Licence with the Commission that was revoked under s.119 GA05 (essentially revocation following review or for non-payment of the licence fee) within the last five years ending with the date of the application; OR
- the Gambling Commission has refused an application made by the applicant within that same period.
When you receive a small society lottery registration, you should first check the Gambling Commission’s licensing register. This will tell you whether the Commission has revoked an Operating Licence for the society within the last five years. The Commission must be notified of every application for a small society registration and may contact you if we have refused an application from the society within the last five years.
You may refuse a small society registration if you think that:
- the society is not a non-commercial society;
- a person who will, or may be, connected with the promotion of the lottery has been convicted of a relevant offence;
- information provided in, or with, the application, is false or misleading.
You should check the application to see whether you are satisfied the society is a bona fide non-commercial society. This means the society must have been established for one of the purposes set out in the section called ‘Definition of Society’. The proceeds of any lottery must be devoted to those purposes. It is not permissible to establish a society whose sole purpose is to facilitate lotteries.
You may only refuse an application for registration after the society has had the opportunity to make representations. These can be taken at a formal hearing or via correspondence. You must inform the society why you are minded to refuse the registration and provide it with at least an outline of the evidence on which you have reached that preliminary conclusion, in order to enable representations to be made.
You must ensure you have set out a scheme of delegation for refusing small society lottery registrations.
It is suggested you set out the process and principles for refusing registrations in your Statement of Principles. This would include such matters as the time limit within which representations can be made, the matters you will consider, and who will consider the representations and make the decision.Previous section
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Lotteries and the GA05: Revocation of a small society’s registered status
Last updated: 11 October 2021
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