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The Gambling Act 2005 (Mandatory and Default Conditions) (Scotland) Regulations 2007

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Regulations 4 and 5

SCHEDULE 1Conditions attaching to casino premises licences

This schedule has no associated Executive Note

PART 1Mandatory conditions attaching to casino premises licences

1.—(1) The principal entrance to the premises shall be from a street.

(2) Any other entrance to the premises shall not be from premises that are used wholly or mainly by children, by young persons, or by both.

(3) No customer shall be able to enter the premises directly from any other premises in respect of which a licence issued under Part 8 of the Act, or a permit issued by virtue of section 285 of, or Schedule 10 or 12 to, the Act, has effect.

2.  A gap of at least 2 metres shall be maintained between any ordinary gaming table and any other equipment, apparatus or structure used by a person to gamble on the premises.

3.  No more than 40 separate player positions may be made available for use in relation to wholly automated gaming tables at any time.

4.—(1) The rules of each type of casino game that is available to be played in the premises shall be displayed in a prominent place within the gambling area of the premises to which customers wishing to use facilities for gambling have unrestricted access.

(2) This condition may be satisfied by placing a clear and legible sign displaying the rules within the gambling area of the premises, or by making available to customers leaflets or other written material containing the rules of the casino games available to be played in the premises.

5.  Any ATM made available for use on the premises shall be located in a place that requires any customer who wishes to use it to cease gambling at any gaming table, gaming machine or betting machine in order to do so.

PART 2Mandatory conditions attaching to regional casino premises licences

1.  A notice shall be displayed in a prominent place at every entrance to the gambling area of the premises stating that no person under the age of 18 years is permitted to enter that part of the premises.

2.  The gambling area of the premises shall not be capable of being seen from any part of the premises to which children, young persons, or both have access.

3.—(1) The premises shall contain a table gaming area the floor area of which is no less than 1000m2.

(2) Subject to sub-paragraph (3), in determining the floor area of the table gaming area, any number of separate areas within the premises may be taken into account.

(3) Any separate area that comprises less than 12.5% of the minimum required table gaming area shall not be taken into account in determining the table gaming area.

(4) No gambling shall be permitted in the table gaming area of the premises other than gambling on–

(a)casino games that are played on an ordinary gaming table or on a partially or wholly automated gaming table; and

(b)real games of equal chance, other than bingo, played on a table.

4.—(1) The premises shall contain a non-gambling area the floor area of which is no less than 1500m2.

(2) Facilities for gambling shall not be provided in the non-gambling area.

(3) At any time during which facilities for gambling are provided on the premises, the non-gambling area shall contain recreational facilities that are available for use by customers on the premises.

(4) Lobby areas and toilet facilities may be taken into account in calculating the non-gambling area; but the non-gambling area shall not consist exclusively of lobby areas and toilet facilities.

5.  A notice shall be displayed in a prominent place in any part of the premises used for providing facilities for betting, setting out the terms on which persons are invited to bet on the premises.

6.—(1) A notice setting out the information in sub-paragraph (2) shall be displayed in a prominent place at the main point on the premises where charges are made for a game card (or set of game cards) in respect of a game of bingo.

(2) The notice in sub-paragraph (1) shall include the following information–

(a)the cost (in money) of each game card (or set of game cards) payable by an individual in respect of a game of bingo;

(b)in respect of each game card (or set of game cards) referred to in sub-paragraph (a), the maximum amount that will be charged by way of a participation fee for entitlement to participate in that game; and

(c)a statement to the effect that all or part of the participation fee may be waived at the discretion of the person charging it.

(3) The notice may be displayed in electronic form.

(4) A reference in this paragraph to “game card” means a device which provides an individual with the opportunity to win one or more prizes in respect of a game of bingo.

(5) A reference in this paragraph to a charge in respect of gaming does not include an amount paid for an opportunity to win one or more prizes in gaming to which section 288 of the Act (meaning of “prize gaming”) applies.

(6) The rules of each type of bingo game that is available to be played in the premises shall be made available to customers in any part of the premises used for providing facilities for bingo and this requirement may be satisfied by–

(a)displaying a sign setting out the rules;

(b)making available leaflets or other written material containing the rules at each table; or

(c)running an audio-visual guide to the rules prior to any bingo game being commenced.

7.  No more than 40 separate betting positions may be made available for use in relation to a betting machine at any time.

PART 3Mandatory conditions attaching to large casino premises licences

1.  A notice stating that no person under the age of 18 years is permitted to enter the premises shall be displayed in a prominent place at every entrance to the premises.

2.—(1) The premises shall contain a table gaming area, the floor area of which is no less than 1000m2.

(2) Subject to sub-paragraph (3), in determining the floor area of the table gaming area, any number of separate areas within the premises may be taken into account.

(3) Any separate area that comprises less than 12.5% of the minimum required table gaming area shall not be taken into account in determining the table gaming area.

3.  No gambling shall be permitted in the table gaming area of the premises other than gambling on–

(a)casino games that are played on an ordinary gaming table or on a partially or wholly automated gaming table; and

(b)real games of equal chance, other than bingo, played on a table.

4.—(1) The premises shall contain a non-gambling area which comprises no less than 500m2.

(2) Facilities for gambling shall not be provided in the non-gambling area.

(3) At any time during which facilities for gambling are being provided on the premises, the non-gambling area shall contain recreational facilities that are available for use by customers on the premises.

(4) Lobby areas and toilet facilities may be taken into account in calculating the non-gambling area; but the non-gambling area shall not consist exclusively of lobby areas and toilet facilities.

5.  A notice shall be displayed in a prominent place in any part of the premises used for providing facilities for betting, setting out the terms on which persons are invited to bet on the premises.

6.—(1) A notice setting out the information in sub-paragraph (2) shall be displayed in a prominent place at the main point on the premises where charges are made for a game card (or set of game cards) in respect of a game of bingo.

(2) The notice in sub-paragraph (1) shall include the following information–

(a)the cost (in money) of each game card (or set of game cards) payable by an individual in respect of a game of bingo;

(b)in respect of each game card (or set of game cards) referred to in sub-paragraph (a) the maximum amount that will be charged by way of a participation fee for entitlement to participate in that game; and

(c)a statement to the effect that all or part of the participation fee may be waived at the discretion of the person charging it.

(3) The notice may be displayed in electronic form.

(4) A reference in this paragraph to “game card” means a device which provides an individual with the opportunity to win one or more prizes in respect of a game of bingo.

(5) A reference in this paragraph to a charge in respect of gaming does not include an amount paid for an opportunity to win one or more prizes in gaming to which section 288 of the Act (meaning of “prize gaming”) applies.

(6) The rules of each type of bingo game that is available to be played in the premises shall be made available to customers in any part of the premises used for providing facilities for bingo and this requirement may be satisfied by–

(a)displaying a sign setting out the rules,

(b)making available leaflets or other written material containing the rules at each table; or

(c)running an audio-visual guide to the rules prior to any bingo game being commenced.

7.  No more than 40 separate betting positions may be made available for use in relation to a betting machine at any time.

PART 4Mandatory conditions attaching to small casino premises licences

1.  A notice stating that no person under the age of 18 years is permitted to enter the premises shall be displayed in a prominent place at every entrance to the premises.

2.—(1) The premises shall contain a table gaming area, the floor area of which is no less than 500m2.

(2) Subject to sub-paragraph (3), in determining the floor area of the table gaming area, any number of separate areas within the premises may be taken into account.

(3) Any separate area that comprises less than 12.5% of the minimum required table gaming area shall not be taken into account in determining the table gaming area.

3.  No gambling shall be permitted in the table gaming area of the premises other than gambling on–

(a)casino games that are played on an ordinary gaming table or on a partially or wholly automated gaming table; and

(b)real games of equal chance, other than bingo, played on a table.

4.—(1) The premises shall contain a non-gambling area which comprises no less than 250m2.

(2) Facilities for gambling shall not be provided in the non-gambling area.

(3) At any time during which facilities for gambling are being provided on the premises, the non-gambling area shall contain recreational facilities that are available for use by customers on the premises.

(4) Lobby areas and toilet facilities may be taken into account in calculating the non-gambling area; but the non-gambling area shall not consist exclusively of lobby areas and toilet facilities.

5.  A notice shall be displayed in a prominent place in any part of the premises used for providing facilities for betting, setting out the terms on which persons are invited to bet on the premises.

6.  No more than 40 separate betting positions may be made available for use in relation to a betting machine at any time.

PART 5Mandatory conditions attaching to converted casino premises licences

1.  A notice stating that no person under the age of 18 years is permitted to enter the premises shall be displayed in a prominent place at every entrance to the premises.

2.—(1) This paragraph shall apply to premises which have a gambling area the floor area of which is no less than 200m2.

(2) In determining the floor area of the gambling area, any number of separate areas within the premises shall be taken into account.

(3) The premises shall contain a non-gambling area, the floor area of which is no less than 10% of the floor area of the gambling area.

(4) Facilities for gambling shall not be provided in the non-gambling area.

(5) At any time during which facilities for gambling are being provided on the premises, the non-gambling area shall contain recreational facilities that are available for use by customers on the premises.

(6) Lobby areas and toilet facilities may be taken into account in calculating the non-gambling area; but the non-gambling area shall not consist exclusively of lobby areas and toilet facilities.

PART 6Default condition attaching to casino premises licences

1.  No facilities for gambling shall be provided on the premises between the hours of 6am and noon on any day.

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