43Exemption of small lotteries incidental to certain entertainments
(1)Where a lottery is promoted as an incident of an entertainment to which this section applies, that lottery shall not be unlawful but the conditions set out in subsection (2) of this section shall be observed in connection with its promotion and conduct and, if any of those conditions is contravened, every person concerned in the promotion or conduct of the lottery 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.
(2)The conditions referred to in the foregoing subsection are that—
(a)the whole, proceeds of the entertainment (including the proceeds of the lottery) after deducting—
(i)the expenses of the entertainment, excluding expenses incurred in connection with the lottery; and
(ii)the expenses incurred in printing tickets in the lottery; and
(iii)such sum, if any, not exceeding ten pounds as the promoters of the lottery think fit to appropriate on account of any expense incurred by them in purchasing prizes -in the lottery,
shall be devoted to purposes other than private gain;
(b)none of the prizes in the lottery shall be money prizes;
(c)tickets or chances in the lottery shall not be sold or issued, nor shall the result of the lottery be declared, except on the premises on which the entertainment takes place and during the progress of the entertainment; and
(d)the facilities afforded for participating in lotteries, or those facilities together with either or both of the following, that is to say—
(i)facilities offered by virtue of section 37 of this Act for taking part in gaming;
(ii)the opportunity to win prizes at amusements to which section 48 (3) of this Act applies,
shall not be the only, or the only substantial, inducement to persons to attend the entertainment.
(3)The entertainments to which this section applies are bazaars, sales of work, fetes, dinners, dances, sporting or athletic events and other entertainments of a similar character, whether limited to one day or extending over two or more days.