Charges to bookmakers on licensed tracksN.I.
46.—(1) The occupier of any licensed track may make to a licensed bookmaker or to any assistant accompanying a licensed bookmaker to the track for the purpose of his business any charge for admission to any particular part of the track not exceeding, in the case of the licensed bookmaker, 10 times the amount, or, in the case of an assistant, the amount, of the highest charge made to members of the public for admission to that part of the track; so, however, that there shall not be made to any licensed bookmaker or licensed bookmaker's assistant for admission to any particular part of the track any charge differing in amount from the charge made to any other licensed bookmaker or licensed bookmaker's assistant, as the case may be, for admission to that part of the track.
(2) If in the case of any licensed track any charge other than a charge authorised by paragraph (1) is made to a licensed bookmaker or licensed bookmaker's assistant, or any payment, valuable thing or favour, other than a charge so authorised or an amount so payable, is demanded or received by or for the benefit of the occupier of the track as a consideration for facilities being given to a licensed bookmaker for the carrying on of his business, the person immediately responsible, and, if that person is not the occupier of the track, that occupier also, shall be guilty of an offence.
(3) In any proceedings for an offence under paragraph (2) it shall be a defence for the occupier of the track to prove that the contravention took place without his consent or connivance and that he exercised due diligence to prevent it.
[F1(4) In paragraph (2) the reference to facilities shall be construed as a reference to facilities other than in relation to a permanent structure.]