Sections 33 to 35: Provision of facilities for gambling
134.These sections establish the general principle that the provision of facilities for gambling (as defined in section 5) is unlawful unless it is either:
authorised by an operating licence, or
covered by a specific exception.
135.The specific exceptions relate to activities which do not require an operating licence under the Act, but which either depend on the issue of a permit or other authorisation, or fall within a category of gambling which may be carried on under the Act without the need for a specific authorisation or permission.
136.There are two further exceptions. The offence does not apply to the provision of facilities for a lottery; and the offence does not apply to making a gaming machine available for use. Specific offences concerning providing facilities in relation to these are contained at Parts 11 and 10 of the Act respectively.
137.Subsections (4) and (5) of section 33 provides for the offence to be a summary offence, with a maximum penalty on conviction of imprisonment for 51 weeks for England and Wales (or six months in Scotland), a level 5 fine on the standard scale, or both.