The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985

Use of gaming machines on other premises N.I.

108.—(1) The conditions specified in the following provisions of this Article shall be observed where, in pursuance of the exception in Article 95(1)(b), a gaming machine is used for gaming—

(a) on any bingo club premises in respect of which a court of summary jurisdiction has given a direction under Article 63(9) or, as the case may be, Article 68(6)(a);

(b) on such licensed premises within the meaning of the[F1 Licensing (Northern Ireland) Order 1996] as may be prescribed by regulations;

[F2 (ba) on any licensed office;]

[F2 (c) on any premises in respect of which there is in force an amusement permit expressed to be granted for the purposes of this sub-paragraph;

(ca) on any premises in respect of which there is in force an amusement permit expressed to be granted for the purposes of this sub-paragraph;]

(d) at a travelling showmen's pleasure fair.

(2) Not more than the number of gaming machines specified by a court of summary jurisdiction in a direction under Article 63(9) or, as the case may be, Article 68(6)(a) in respect of any bingo club premises shall be made available for gaming on those bingo club premises.

(3) Gaming machines shall not be made available for gaming on bingo club premises on any Sunday, Christmas Day or Good Friday.

(4) Where a county court, or as the case may be, a court of summary jurisdiction gives a direction under[F1 Article 7(13) or, as the case may be, Article 15(6) of the Licensing (Northern Ireland) Order 1996] in respect of any licensed premises within the meaning of[F1 that Order] not more than the number of gaming machines specified in that direction shall be made available for gaming on those licensed premises.

[F2 (4A) Not more than 2 gaming machines (or such other number as the Department may specify, by order subject to affirmative resolution) shall be made available for gaming on any licensed office.]

(5) In the case of a travelling showmen's pleasure fair the opportunity to win prizes by means of amusements which constitute gaming (whether by use of gaming machines or otherwise) shall not constitute the only, or the only substantial, inducement to persons to attend the fair.

(6) The charge for playing a game once by means of the gaming machine shall be 1 or more coins inserted in the gaming machine of an amount or value not exceeding (or, if more than 1, not in the aggregate exceeding)

[F2 (a) £0.30 in respect of a gaming machine where the condition specified in paragraph (7) applies; or

(b) £0.30 in respect of a gaming machine where the condition specified in paragraph (8) applies.]

(7) Except as provided by paragraphs[F2 (7A),] (8),[F2 (8A),] (9) and (16), in respect of any 1 game played by means of the gaming machine no player or person claiming under a player shall receive, or shall be entitled to receive, any article, benefit or advantage other than 1 (and only 1) of the following, that is to say—

(a) a money prize not exceeding[F2 £8];

(b) a non-monetary prize or prizes of a value or aggregate value not exceeding[F3 £8] or a token or tokens exchangeable only for such a non-monetary prize or such non-monetary prizes;

[F2 (c) a money prize together with a non-monetary prize of an aggregate value not exceeding £8 or a token or tokens exchangeable only for such a combination of a money prize and a non-monetary prize]

.

[F2 (7A) In the case of bingo club premises, in addition to the condition specified in paragraph (7), paragraph (8) shall apply in respect of any 1 game played by means of a gaming machine installed on such premises.]

(8) In respect of any 1 game played by means of a gaming machine installed on licensed premises such as are mentioned in paragraph (1)(b)[F2 or on any licensed office] no player or person claiming under a player shall receive, or shall be entitled to receive, any article, benefit or advantage other than a money prize[F2 delivered by the machine of an amount] not exceeding[F4 £25].

[F2 (8A) In the case of premises in respect of which there is in force an amusement permit expressed to be granted for the purposes of paragraph (1)(ca), in addition to the condition specified in paragraph (7), paragraph (8) shall apply in respect of any 1 game played by means of a gaming machine installed on such premises.]

(9) The condition specified in paragraph (7) or (8) shall not be taken to be contravened by reason only that a player, after inserting in the gaming machine an amount permitted in accordance with paragraph (6) and playing a game successfully, is afforded by the automatic action of the machine an opportunity to play 1 or more further games without inserting any further coins in the gaming machine, if in respect of all those games—

(a) he does not receive, and is not entitled to receive, any article other than a money prize or money prizes of an amount or aggregate amount not exceeding[F2 £8 or, in relation to a machine to which paragraph (8) applies, a money prize or money prizes of an amount or aggregate amount not exceeding £25 delivered by the machine;]

(b) he does not receive and is not entitled to receive, any other benefit or advantage apart from the opportunity to play the further game or games.

(10) In relation to any gaming machine used on any premises mentioned in paragraph (1), regulations may—

(a) make provision as to the amount which that machine shall pay out;

(b) require the display of such information in such form and manner and at such intervals as may be prescribed by regulations.

(11) Where any of the provisions of this Article or of any regulations made under this Article is contravened,—

(a) in a case falling within paragraph (1)(a), (b)[F2 ,(ba)][F2 , (c) or (ca)], the holder of the bingo club licence or the holder of the licence for the sale of intoxicating liquor or[F2 the licensed bookmaker or] the holder of the amusement permit, as the case may require,

(b) in a case falling within paragraph (1)(d) the person in charge of the gaming machine,

shall be guilty of an offence.

(12) Where any of the provisions of this Article or of any regulation made under this Article is contravened in relation to a gaming machine on bingo club premises, any person who allowed the gaming machine to be on the bingo club premises shall be guilty of an offence.

(13) In any proceedings for an offence under paragraph (11) or (12) it shall be a defence for any person charged to prove—

(a) that the contravention occurred without his knowledge, and

(b) that he exercised all such care as was reasonable in the circumstances to secure that the provisions in question would not be contravened.

(14) Where any of the provisions of this Article or of any regulations made under this Article is contravened in relation to a gaming machine, then (without prejudice to any liability of any other person under paragraph (11) or (12)) any person who, knowing or having reasonable cause to suspect that the provision in question would be contravened in relation to the gaming machine, supplied the gaming machine shall be guilty of an offence.

(15) In this Article “non-monetary prize” means a prize which does not consist of or include any money and does not consist of or include any token which can be exchanged for money or money's worth.

(16) The Department may, by order subject to affirmative resolution, substitute for any amount in this Article such other amount as may be specified in the order.

F1 1996 NI 22

F2 2004 NI 1

F3 SR 1995/442

F4 SR 2003/15