Gaming Act 1968 (repealed)

Use of machines for gaming by way of amusement with prizes E+W+S

33 Use of machines at non-commercial entertainments. E+W+S

(1) This section applies to any entertainment which takes place elsewhere than on premises in respect of which—

(a) a licence under this Act is for the time being in force, or

(b) a club or a miners’ welfare institute is for the time being registered under Part II or under this Part of this Act,

and which is an entertainment of any of the following kinds, that is to say, 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.

[F1 (2) Where a machine to which this Part of this Act applies is used for gaming as an incident of any such entertainment, the whole proceeds of the entertainment, after deducting the expenses of the entertainment, shall be devoted to purposes other than private gain.

(2A) Where a machine to which this Part of this Act applies is used for gaming as an incident of an entertainment to which this section applies, the opportunity to win prizes by means of the machine, or that opportunity together with any other facilities for participating in lotteries or gaming shall not be the only, or the only substantial, inducement to persons to attend the entertainment.]

(5) The Secretary of State may by regulations impose such restrictions (in addition to those specified in subsections (2) [F2 and (2A)] of this section) as he may consider necessary or expedient with respect to the use of any machine to which this Part of this Act applies for gaming as an incident of an entertainment to which this section applies.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F1 S. 33(2), (2A) substituted for s. 33(2)-(4) by Lotteries Act 1975 (c. 58), Sch. 4 para. 6(1)

F2 Word substituted by Lotteries Act 1975 (c. 58), Sch. 4 para. 6(2)

F3 S. 33(6) repealed by Lotteries and Amusements Act 1976 (c. 32), Sch. 5

34 Other uses of machines for amusement purposes. E+W+S

(1) The conditions specified in [F4 subsections (2) to (3) and (5) of this section] shall be observed where a machine to which this Part of this Act applies is used for gaming—

[F5 (a) on any amusement machine premises in respect of which there is for the time being in force a permit under this section which—

(i) is granted by the authority mentioned in paragraph 1(b) or, as the case may be, (d) of Schedule 9 to this Act, and

(ii) is expressed to be granted for the purposes of this subsection,

(aa) on any premises, other than amusement machine premises, in respect of which there is for the time being in force a permit under this section which is granted as mentioned in paragraph (a)(i) of this subsection,]

F6 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) on any premises used wholly or mainly for the purpose of a pleasure fair consisting wholly or mainly of amusements provided otherwise than by means of machines to which this Part of this Act applies, being premises in respect of which a permit granted under [F7 section 16 of the M1 Lotteries and Amusements Act 1976] is for the time being in force, or

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

(2) The charge for play for playing a game once by means of the machine shall be one or more coins or tokens inserted in the machine of an amount or value not exceeding (or, if more than one, not in the aggregate exceeding) one shilling.

(3) Except as provided by subsections (4) and (9) of this section, in respect of any one game played by means of the machine no player or person claiming under a player shall receive, or shall be entitled to receive, any article, benefit or advantage other than one (and only one) of the following, that is to say—

(a) a money prize not exceeding two shillings or a token which is, or two of more tokens which in the aggregate are, exchangeable only for such a money prize;

(b) a non-monetary prize or prizes of a value or aggregate value not exceeding five shillings or a token exchangeable only for such a non-monetary prize or such non-monetary prizes;

(c) a money prize not exceeding two shillings together with a non-monetary prize of a value which does not exceed five shillings less the amount of the money prize, or a token exchangeable only for such a combination of a money prize and a non-monetary prize;

(d) one or more tokens which can be used for playing one or more further games by means of the machine and, in so far as they are not so used, can be exchanged for a non-monetary prize or non-monetary prizes at the appropriate rate.

(4) The condition specified in subsection (3) of this section shall not be taken to be contravened by reason only that a player, after inserting in the machine an amount permitted in accordance with subsection (2) of this section and playing a game successfully, is afforded by the automatic action of the machine an opportunity to play one or more further games without inserting any further coin or token in the 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 two shillings, and

(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.

(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 the use of machines to which this Part of this Act applies or otherwise) shall not constitute the only, or the only substantial, inducement to persons to attend the fair.

[F8 (5A) The conditions specified in subsections [F9 (5B) to (5C)] of this section shall be observed where a machine to which this Part of this Act applies is used for gaming on any premises in respect of which a betting office licence is for the time being in force.

(5B) The charge for play for playing a game once by means of the machine [F10 shall not exceed the amount specified in subsection (2) of this section].

[F11 (5BA) Payment of the charge for play shall be made in cash.

(5BB) Subsections (5BC) to (5BF) of this section apply if—

(a) a player inserts into the machine something which is recognised by the machine as having a value exceeding the highest coin value;

(b) the machine immediately holds to the player’s credit an amount in respect of the thing (“the initial amount”) for the purpose of paying the charge for play for playing games by means of the machine.

(5BC) The initial amount must not exceed the highest coin value.

(5BD) The machine must not hold any further amount to the player’s credit for the purpose of paying the charge for play for playing games by means of the machine unless the player takes action in respect of the machine to indicate that he wishes to play, or continue to play, games by means of the machine.

(5BE) The further amount held to the player’s credit by virtue of subsection (5BD) of this section must not exceed the highest coin value.

(5BF) The highest coin value is the value of the highest denomination coin which, when the games are played—

(a) is legal tender in the part of the United Kingdom in which the premises are situated, and

(b) is in general circulation in that part of the United Kingdom.]

(5C) No player or person claiming under a player shall receive, or shall be entitled to receive, in respect of any one game played by means of the machine, any article, benefit or advantage other than a money prize not exceeding £10 delivered by the machine.

(5D) The condition specified in subsection (5C) of this section shall not be taken to be contravened by reason only that a player, after inserting in the machine an amount permitted in accordance with subsection (5B) of this section and playing a game successfully, is afforded by the automatic action of the machine an opportunity to play one or more further games without inserting any further [F12 payment] in the 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 of an amount or aggregate amount not exceeding £10, and

(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.

(5E) Where a machine to which this Part of this Act applies is used for gaming—

(a) on any amusement machine premises in respect of which there is for the time being in force a permit under this section which—

(i) is granted by the authority mentioned in paragraph 1(b) or, as the case may be, (d) of Schedule 9 to this Act, and

(ii) is expressed to be granted for the purposes of this subsection,

(b) on any premises in respect of which there is for the time being in force a permit under this section which is granted by the authority mentioned in paragraph 1(a) or, as the case may be, (c) of Schedule 9 to this Act, or

(c) on any premises in respect of which a licence under this Act and a direction given under section [F13 32(2)] of this Act are for the time being in force, where, by virtue of that direction, the provisions of this subsection have effect in relation to the premises,

either the conditions specified in subsections (2) to (3) and (5) of this section or the conditions specified in subsections [F14 (5B) to (5C)] of this section shall be observed.]

(6) The provisions of Schedule 9 to this Act shall have effect with respect to the grant and renewal of permits for the purposes of this section.

(7) No permit for the purposes of this section shall be granted in respect of any premises where a licence under this Act is for the time being in force in respect of them or where a club or a miners’ welfare institute is for the time being registered in respect of them under Part II of this Act; and, where such a licence is granted or a club or a miners’ welfare institute is so registered in respect of any premises, and a permit granted for the purposes of this section is then in force in respect of those premises, the permit shall thereupon cease to have effect.

[F15 (7A) In subsections (1) and (5E) of this section, references to amusement machine premises are to premises used wholly or mainly for the provision of amusements by means of machines to which this Part of this Act applies.]

(8) In this section “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 or used for playing a game by means of the machine; and for the purposes of subsection (3)(d) of this section a token or tokens shall be taken to be exchanged for a non-monetary prize or prizes at the appropriate rate if either—

(a) the value or aggregate value of the prize or prizes does not exceed five shillings and the token or tokens exchanged represent the maximum number of tokens which can be won by playing a game once by means of the machine, or

(b) in any other case, the value or aggregate value of the prize or prizes does not exceed five shillings and bears to five shillings a proportion not exceeding that which the number of tokens exchanged bears to the maximum number of tokens which can be won by playing a game once by means of the machine.

(9) The Secretary of State may by order direct that any provision of this section which is specified in the order and which specifies a sum shall have effect as if, for that sum, there were substituted such other sum as may be specified in the order.

Textual Amendments

F4 Words in s. 34(1) substituted (20.6.1996) by S.I. 1996/1359, art. 6(2)(a)

F5 S. 34(1)(a)(aa) substituted (20.6.1996) for s. 34(1)(a) by S.I. 1996/1359, art. 6(2)(b)

F6 S. 34(1)(b) repealed (20.6.1996) by S.I. 1996/1359, art. 6(2)(c)

F7 Words substituted by Lotteries and Amusements Act 1976 (c. 32), Sch. 4 para. 2

F8 S. 34(5A)-(5E) inserted (20.6.1996) by S.I. 1996/1359, art. 6(3)

F9 Words in s. 34(5A) substituted (16.12.2003) by The Regulatory Reform (Gaming Machines) Order 2003 (S.I. 2003/3275), arts. 1(1), 2(9)

F10 Words in s. 34(5B) substituted (16.12.2003) by The Regulatory Reform (Gaming Machines) Order 2003 (S.I. 2003/3275), arts. 1(1), 2(10)

F11 S. 34(5BA)-(5BF) inserted (16.12.2003) by The Regulatory Reform (Gaming Machines) Order 2003 (S.I. 2003/3275), arts. 1(1), 2(11)

F12 Word in s. 34(5D) substituted (16.12.2003) by The Regulatory Reform (Gaming Machines) Order 2003 (S.I. 2003/3275), arts. 1(1), 2(12)

F13 Words in s. 34(5E)(c) substituted (29.3.2002) by The Deregulation (Bingo and Other Gaming) Order 2002 (S.I. 2002/460), art. 3(5)

F14 Words in s. 34(5E) substituted (16.12.2003) by The Regulatory Reform (Gaming Machines) Order 2003 (S.I. 2003/3275), arts. 1(1), 2(9)

F15 S. 34(7A) inserted (20.6.1996) by S.I. 1996/1359, art. 6(4)

Modifications etc. (not altering text)

C1 S. 34(2) has effect (1.10.1997) as if, for the sum specified, there were substituted the sum of 30p by virtue of S.I. 1997/2079, art. 3, Sch.

C2 S. 34(3)(a) has effect (1.10.1997) as if, for the sum specified, there were substituted the sum of £5 by virtue of S.I. 1997/2079, art. 3, Sch.

C3 S. 34(3)(b) has effect (1.10.1995) as if, for the sum specified, there were substituted the sum of £8 by virtue of (E.W.) S.I. 1995/2288, art. 3, Sch. and (S.) S.I. 1995/2360, art. 3, Sch.

C4 S. 34(3)(c) has effect (1.10.1997) as if, for the first sum specified, there were substituted the sum of £5 by virtue of S.I. 1997/2079, art. 3, Sch. and S. 34(3)(c) has effect (1.10.1995) as if, for the second sum specified, there were substituted the sum of £8 by virtue of (E.W.) S.I. 1995/2288, art. 3, Sch. and (S.) S.I. 1995/2360, art. 3, Sch.

C5 S. 34(4)(a) has effect (1.10.1997) as if, for the sum specified, there were substituted the sum of £5 by virtue of S.I. 1997/2079, art. 3, Sch.

C6 S. 34(5C) has effect (1.1.2002) as if, for the reference to the sum specified, there were substituted a reference to the sum of £25 by virtue of S.I. 2001/3971, art. 2

C7 S. 34(5D) has effect (1.1.2002) as if, for the reference to the sum specified, there were substituted a reference to the sum of £25 by virtue of S.I. 2001/3971, art. 2

C8 S. 34(8)(a) has effect (1.10.1995) as if, for the sum specified, there were substituted the sum of £8 by virtue of (E.W.) S.I. 1995/2288, art. 3, Sch. and (S.) S.I. 1995/2360, art. 3, Sch.

C9 S. 34(8)(b) has effect (1.10.1995) as if, for the sum specified (in two places), there were substituted the sum of £8 (in both places) by virtue of (E.W.) S.I. 1995/2288, art. 3, Sch. and (S.) S.I. 1995/2360, art. 3, Sch.

Marginal Citations

M1 1976 c. 32.