Gaming Act 1968 (repealed)

Changes over time for: Section 43

Version Superseded: 02/08/2005

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Point in time view as at 10/11/2004. This version of this provision has been superseded.

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43 Provision for inspectors and rights of entry and related rights. E+W+S

(1)The Board may appoint such number of persons as the Secretary of State may with the consent of the Treasury determine to be inspectors for the purposes of this Act; and in this Act “inspector” means any person so appointed.

[F1(2)Any inspector or constable may at any reasonable time enter any premises in respect of which a licence under this Act is for the time being in force, and while on the premises may—

(a)inspect the premises and any machine or other equipment on the premises, and any book or document on the premises, which he reasonably requires to inspect for the purpose of ascertaining whether a contravention of this Act or of any regulations made under it is being or has been committed;

(b)take copies of any such book or document or of any entry in it; and

(c)if any information reasonably required by him for that purpose is contained in a computer and is accessible from the premises, require it to be produced in a form in which it can be taken away and in which it is visible and legible.]

(3)If any person, being the holder of a licence under this Act in respect of any premises or a person acting on behalf of the holder of such a licence,—

(a)fails without reasonable excuse to admit an inspector or constable who demands admission to the premises in pursuance of subsection (2) of this section, or

(b)on being required by an inspector or constable to do so, fails without reasonable excuse to permit the inspector or constable to inspect the premises or any machine or other equipment on the premises, or

(c)on being required by an inspector or constable to produce any book or document in his possession or under his control which relates to those premises and which the inspector or constable reasonably requires to inspect for the purpose specified in subsection (2) of this section, fails without reasonable excuse to produce it to the inspector or constable and to permit the inspector or constable (if he so desires) to take copies of it or of any entry in it, or

[F2(ca)fails without reasonable excuse to comply with a requirement imposed in relation to those premises under subsection (2)(c) of this section; or]

(d)on being required by an inspector to furnish any information relating to the premises which is reasonably required by the Board for the purposes of the performance of their functions, fails without reasonable excuse to furnish that information to the inspector,

the holder of the licence shall be guilty of an offence.

(4)If, on information on oath with respect to any premises,—

(a)a justice of the peace, if the premises are in England or Wales, or

(b)the sheriff or a magistrate or justice of the peace having jurisdiction in the place where the premises are situated, if they are situated in Scotland,

is satisfied that there are reasonable grounds for suspecting that an offence under this Act is being, has been or is about to be committed on those premises, he may issue a warrant in writing authorising any constable, with or without one or more inspectors, to enter the premises, if necessary by force, [F3at any time within fourteen days from the time of the issue of the warrant] and to search the premises.

(5)Any constable who enters any premises under the authority of a warrant issued under subsection (4) of this section may—

(a)seize and remove any document, money or valuable thing, instrument or other thing whatsoever found on the premises which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under this Act, F4. . .

[F5(aa)if he has reasonable cause to believe that any information which is [F6stored in any electronic form] and is accessible from the premises may be required for those purposes, require it to be produced in a form in which it can be taken away and in which it is visible and legible [F7or from which it can readily be produced in a visible and legible form]; and]

(b)[F8arrest and] search any person found on the premises whom he has reasonable cause to believe to be committing or to have committed any such offence.

[F9(5A)The holder of a licence under this Act in respect of any premises shall be guilty of an offence if he, or any person acting on his behalf, fails without reasonable excuse to comply with a requirement imposed in relation to those premises under subsection (5)(aa) of this section.]

(6)Without prejudice to any power exercisable by virtue of the preceding provisions of this section, in the case of any premises in respect of which a licence under this Act is for the time being in force or a club or a miners’ welfare institute is for the time being registered under Part II or Part III of this Act the Board may at any time serve on the holder of the licence or the chairman or secretary of the club or institute, as the case may be, a notice requiring him, in such manner and within such reasonable time as may be specified in the notice—

(a)to produce for inspection by or on behalf of the Board books or documents relating to those premises of any description specified in the notice which the Board reasonably require to inspect for the purpose specified in subsection (2) of this section, and

(b)to furnish to the Board information relating to those premises of any description specified in the notice which the Board reasonably require for that purpose.

(7)Any power exercisable by the Board by virtue of subsection (6) of this section in respect of any premises shall also be exercisable by the chief officer of police (or, in Scotland, the chief constable) for the police area in which the premises are situated, as if in that subsection any reference to the Board included a reference to that chief officer or chief constable.

(8)If without reasonable excuse any requirement imposed in relation to any premises by a notice served by virtue of subsection (6) or subsection (7) of this section is not complied with,—

(a)the holder of the licence, if they are premises in respect of which a licence under this Act is for the time being in force, or

(b)every officer of the club or institute, if they are premises in respect of which a club or a miners’ welfare institute is for the time being registered under Part II or Part III of this Act,

shall be guilty of an offence.

(9)In the case of any premises in respect of which a licence under this Act is for the time being in force, any person duly authorised in writing by the [F10fire authority (within the meaning of the M1Fire Services Act 1947)] [F10fire and rescue authority under the Fire and Rescue Services Act 2004] in whose area the premises are situated may at any reasonable time enter the premises for the purpose of ascertaining whether appropriate precautions against the danger of fire are being sufficiently observed; and, in relation to a person so authorised subsection (3) of this section (with the omission of paragraphs (c) [F11, (ca)] and (d)) shall have effect as if in that subsection—

(a)any reference to an inspector or constable were a reference to a person so authorised, and

(b)the reference in paragraph (a) to subsection (2) of this section were a reference to the preceding provisions of this subsection.

(10)Any person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding [F12level 4 on the standard scale].

[F13(11)In this section—

“document” means anything in which information of any description is recorded, and
“copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly. ]

Textual Amendments

F1S. 43(2) substituted by Gaming (Amendment) Act 1990 (c. 26, SIF 12:1), s. 1, Sch. para. 2(2)

F2S. 43(3)(ca) inserted by Gaming (Amendment) Act 1990 (c. 26, SIF 12:1), s. 1, Sch. para. 2(3)

F3Words repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(2), Sch. 7 Pt. I

F4Word repealed by Gaming (Amendment) Act 1990 (c. 26, SIF 12:1), s. 1, Sch. para. 2(4)

F5S. 43(5)(aa) inserted by Gaming (Amendment) Act 1990 (c. 26, SIF 12:1), s. 1, Sch. para. 2(4)

F6Words in s. 43(5)(aa) substituted (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 70, 138(2), Sch. 2 para. 13(1)(a)(2)(c); S.I. 2003/708, art. 2(k)

F7Words in s. 43(5)(aa) inserted (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 70, 138(2), Sch. 2 para. 13(1)(b)(2)(c); S.I. 2003/708, art. 2(k)

F8Words repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(2), Sch. 7 Pt. I

F9S. 43(5A) inserted by Gaming (Amendment) Act 1990 (c. 26, SIF 12:1), s. 1, Sch. para. 2(5)

F10Words in s. 43(9) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 24(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F11Words inserted by Gaming (Amendment) Act 1990 (c. 26, SIF 12:1), s. 1, Sch. para. 2(6)