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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Section 42 of the [1968 c. 65.] Gaming Act 1968 (restrictions on advertisements relating to gaming) shall be amended as follows.
(2)In subsection (1), at the end of paragraph (c) there shall be inserted “or
(d)containing an inducement to the public to take part as players in a game of bingo, or to become members of a club to which section 20 of this Act applies, or
(e)containing any such matter relating to any relevant premises, to any activities carried on at any relevant premises or to any club operating from any relevant premises as may be specified or described in regulations made by the Secretary of State.”
(3)After that subsection there shall be inserted—
“(1A)For the purposes of this section any advertisement displayed on a sign or notice which—
(a)is within 400 metres of any relevant premises;
(b)contains sufficient information about the premises to indicate their location; and
(c)contains anything which constitutes an inducement to attend the premises or to become a member of a club operating from the premises,
shall be taken to fall within subsection (1)(a) of this section whether or not it indicates that the premises are relevant premises and notwithstanding that it does not inform the public that any premises are premises on which gaming takes place or is to take place.”
(4)In subsection (2), for “The preceding subsection” there shall be substituted “Subsection (1) of this section”.
(5)In subsection (3)(a), after “force” there shall be inserted “other than bingo club premises”.
(6)At the end of paragraph (c) of subsection (3) there shall be inserted “or
(d)the display on any bingo club premises (whether or not so as to be visible from outside those premises) of a sign or notice indicating the amount, value or description of anything that has been or may be won in a game of bingo—
(i)by a player present on those premises, or
(ii)by a player present on premises which (by virtue of section 20(2) of this Act) are regarded as the same as those premises for the purposes of section 12(1) of this Act,
(e)the display on any bingo club premises, so as not to be visible from outside those premises, of a sign or notice indicating the amount, value or description of anything that has been or may be won in a game of bingo by a player regarded, by virtue of section 2(1) of the [1985 c. 35.] Gaming (Bingo) Act 1985 (multiple bingo), as present on those premises for the purposes of section 12(1) of this Act, or
(f)the inclusion in an advertisement in a newspaper circulating throughout England and Wales or Scotland of information as to the amount, value or description of anything that has been or may be won by a player in a game of multiple bingo, or
(g)the inclusion in an advertisement to which subsection (3A) or (3B) of this section applies of—
(i)the information that any bingo club premises are premises on which gaming in the form of the playing of bingo takes place, or is to take place; or
(ii)an invitation to the public to take part in gaming in that form;”.
(7)After that subsection there shall be inserted the following subsections—
“(3A)This subsection applies to any advertisement displayed on a sign or notice where—
(a)the advertisement does not contain a relevant inducement, and
(b)the sign or notice is displayed either—
(i)on the bingo club premises in question, whether inside or outside the premises; or
(ii)at a place which is not within 400 metres of any sign or notice on which an advertisement containing a relevant inducement is displayed.
(3B)This subsection applies to any other advertisement in documentary form where the advertisement—
(a)does not contain a relevant inducement, and
(b)is neither published in, nor distributed with—
(i)a newspaper circulating throughout England and Wales or Scotland; or
(ii)any other publication or document in which there is a relevant inducement contained in another advertisement.
(3C)References in subsections (3A) and (3B) of this section to a relevant inducement are references to anything which (with or without indicating that they are relevant premises) constitutes an inducement—
(a)to attend any relevant premises which are at the same location as the premises to which the information or invitation mentioned in subsection (3)(g) of this section relates, or
(b)to become a member of a club operating from premises at that location.”
(8)For subsection (8) there shall be substituted—
“(8)In this section—
“advertisement” includes every form of advertising, whether in a publication or by the display of notices or by means of circulars or other documents or by an exhibition of photographs or a cinematograph film, or by way of sound broadcasting or television or by inclusion in a programme service (within the meaning of the [1990 c. 42.] Broadcasting Act 1990) that is not a sound or television broadcasting service and references to the issue of an advertisement shall be construed accordingly;
“bingo club premises” has the meaning given by section 20 of this Act;
“inducement” in relation to taking part as a player in a game of bingo, to attending any premises or to becoming a member of any club, means any of the following so far as they appear to be connected with taking part in such a game, attending those premises or becoming such a member, namely—
any promise of a gift,
any offer of, or information about, an opportunity to receive a gift or to win a prize,
any information as to the amount, value or description of anything that has been or may be won in any game;
“multiple bingo” has the same meaning as in the [1985 c. 35.] Gaming (Bingo) Act 1985;
“public” means the public in Great Britain, and includes any section of the public in Great Britain, however selected;
“relevant premises” means any bingo club premises or premises containing bingo club premises or any premises which are at the same location as any bingo club premises and are occupied with, or used in association with, those bingo club premises.”
(9)Section 2(4) of the Gaming (Bingo) Act 1985 and paragraph 14 of Schedule 20 to the [1990 c. 42.] Broadcasting Act 1990 (which are spent in consequence of the preceding provisions of this section) are hereby repealed.
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