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Betting, Gaming and Lotteries Act 1963

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This is the original version (as it was originally enacted).

Part IVAmusements with Prizes

48Provisions of amusements with prizes at certain noncommercial entertainments

(1)The provisions of this section shall have effect for the purpose of permitting the provision at any entertainment to which section 43 of this Act applies of amusements with prizes.

(2)Nothing in section 32, 33, 34, 41 or 42 of this Act shall apply in relation to amusements with prizes provided as an incident of such an entertainment as aforesaid ; but, in relation to any such amusement to which any of those sections would apply but for this subsection, the conditions set out in subsection (3) of this section shall be observed, and if either of those conditions is contravened every person concerned in the provision or conduct of that amusement shall be guilty of an offence unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it

(3)The conditions referred to in the last foregoing subsection are—

(a)that the whole proceeds of the entertainment (including the proceeds of any amusements to which this subsection applies) after deducting—

(i)the expenses of the entertainment, including any expenses incurred in connection with any such amusements and the provision of prizes thereat; and

(ii)any other amounts authorised to be deducted by section 43 (2) (a) of this Act will be devoted to purposes other than private gain; and

(b)that the opportunity to win prizes at amusements to which this subsection applies, or that opportunity together with facilities offered by virtue of section 43 of this Act for participating in a lottery or by virtue of section 37 of this Act for taking part in gaming, is not the only, or the only substantial, inducement to persons to attend the entertainment

49Provision of amusements with prizes at certain commercial entertainments

(1)The provisions of this section shall have effect for the purpose of permitting the provision of amusements with prizes—

(a)on any premises in respect of which a permit for the provision thereon of such amusements has been granted by the local authority, and is for the time being in force, under Schedule 6 to this Act; and

(b)at any pleasure fair consisting wholly or mainly of amusements provided by travelling showmen which is held on any day of a year on premises not previously used in that year on more than twenty-seven days for the holding of such a pleasure fair.

(2)Nothing in section 32, 33, 34, 41 or 42 of this Act shall apply in relation to amusements with prizes provided on such premises as are mentioned in subsection (1) (a) or at such a pleasure fair as is mentioned in subsection (1)(b) of this section ; but in relation to any such amusement to which any of those sections would apply but for this subsection, the conditions set out in subsection (3) of this section shall be observed, and if any of those conditions is contravened every person concerned in the provision or conduct of that amusement shall be guilty of an offence unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.

(3)The conditions referred to in the last foregoing subsection are—

(a)that the amount paid by any person for any one chance to win a prize does not exceed one shilling;

(b)that the aggregate amount taken by way of the sale of chances in any one determination of-winners, if any, of prizes does not exceed fifty shillings, and that the sale of those chances and the declaration of the result take place on the same day and on the premises on which, and during the time when, the amusement is provided;

(c)that no money prize is distributed or offered which exceeds one shilling;

(d)that the winning of, or the purchase of a chance to win, a prize does not entitle any person, whether or not subject to a further payment by him, to any further opportunity to win money or money's worth by taking part in any amusement with prizes or in any gaming or lottery;

(e)in the case of such a pleasure fair as is mentioned in subsection (1) (b) of this section, that the opportunity to win prizes at amusements to which this subsection applies is not the only, or the only substantial, inducement to persons to attend the fair.

(4)Where any amusement with prizes takes the form of a game played by means of a machine, being a game which is made playable by the insertion of a coin or coins into the machine, then, notwithstanding that, in addition to a money prize, a successful player receives the opportunity to play the game again without the insertion of another coin, the condition set out in subsection (3)(d) of this section shall not be deemed to be contravened if the aggregate amount which can be won by the player without inserting another coin does not exceed one shilling.

50Amusement machines

(1)Nothing in section 32, 33, 34, 41 or 42 of this Act shall apply to a game played by means of a machine in accordance with the conditions set out in subsection (2) of this section.

(2)The conditions referred to in the foregoing subsection are that—

(a)the game is made playable by the insertion of a coin or coins into the machine by means of which it is played; and

(b)a successful player neither receives nor is offered any benefit other than—

(i)the opportunity, afforded by the automatic action of the machine, to play the game again without the insertion of another coin; or

(ii)the delivery by the machine of a coin or coins of a value or aggregate value not exceeding that required in order to play the game once.

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