Part 14Private and Non-Commercial Gaming and Betting
Non-commercial gaming and betting
I1297Interpretation
1
For the purposes of this Act gaming is non-commercial if it takes place at a non-commercial event (whether as an incidental activity or as the principal or only activity).
2
An event is non-commercial if the arrangements for the event are such that no part of the proceeds is to be appropriated for the purpose of private gain.
3
For the purposes of subsection (2) the proceeds of an event are—
a
the sums raised by the organisers (whether by way of fees for entrance or for participation, by way of sponsorship, by way of commission from traders or otherwise), minus
b
amounts deducted by the organisers in respect of costs reasonably incurred in organising the event.
I2298Exceptions to offences
1
A person does not commit an offence under section 33 by providing facilities for—
a
non-commercial prize gaming which complies with the conditions in section 299, or
b
non-commercial equal chance gaming which complies with the conditions in section 300.
2
Section 37 shall not apply to or in respect of the use of premises to carry on—
a
non-commercial prize gaming which complies with the conditions in section 299, or
b
non-commercial equal chance gaming which complies with the conditions in section 300.
I3299Conditions for non-commercial prize gaming
1
This section specifies the conditions for non-commercial prize gaming mentioned in section 298.
2
The first condition is that players are informed that the purpose of the gaming is to raise money for a specified purpose other than that of private gain.
3
The second condition is that the arrangements for the gaming are such that the profits will be applied for a purpose other than that of private gain.
4
The third condition is that the non-commercial event of which the gaming is part does not take place—
a
on premises, other than a track, in respect of which a premises licence has effect,
b
on a track at a time when activities are being carried on in reliance on a premises licence, or
c
on premises at a time when activities are being carried on in reliance on a temporary use notice.
5
The fourth condition is that the gaming is not remote.
6
In this section “profits” in relation to gaming means—
a
the aggregate of amounts—
i
paid by way of stakes, or
ii
otherwise accruing to the person organising the gaming directly in connection with it, minus
b
amounts deducted by the person organising the gaming in respect of—
i
the provision of prizes, or
ii
other costs reasonably incurred in organising or providing facilities for the gaming.
I4300Conditions for non-commercial equal-chance gaming
1
This section specifies the conditions for non-commercial equal-chance gaming mentioned in section 298.
2
The first condition is that persons participating in the gaming are informed that the purpose of the gaming is to raise money for a specified purpose other than that of private gain.
3
The second condition is that the arrangements for the gaming are such that the profits will be applied for a purpose other than that of private gain.
4
The third condition is that the arrangements for the gaming ensure compliance with regulations of the Secretary of State—
a
limiting amounts staked;
b
limiting participation fees;
c
limiting other amounts paid by a person in connection with the gaming;
d
limiting a combination of matters specified in paragraphs (a) to (c);
e
limiting the amount or value of a prize;
f
limiting the aggregate amount or value of prizes.
5
Regulations under subsection (4) may, in particular—
a
make provision by reference to whether or not a game is part of a series;
b
make provision by reference to whether or not the non-commercial event of which the gaming is part is associated, as defined by the regulations, with another event;
c
limit stakes in relation to a participant in more than one game;
d
make different provision for different kinds of game or for games played in different circumstances.
6
The fourth condition is that the non-commercial event of which the gaming is part does not take place—
a
on premises, other than a track, in respect of which a premises licence has effect,
b
on a track at a time when activities are being carried on in reliance on a premises licence, or
c
on premises at a time when activities are being carried on in reliance on a temporary use notice.
7
The fifth condition is that the gaming is non-remote.
8
In this section “profits” in relation to gaming means—
a
the aggregate of amounts—
i
paid by way of stakes, or
ii
otherwise accruing to the person organising the gaming directly in connection with it, minus
b
amounts deducted by the person organising the gaming in respect of—
i
the provision of prizes, or
ii
other costs reasonably incurred in organising or providing facilities for the gaming.
I5301Misusing profits of non-commercial prize gaming
1
This section applies to—
a
non-commercial prize gaming in respect of which a fund-raising purpose has been specified as mentioned in section 299(2), and
b
non-commercial equal-chance gaming in respect of which a fund-raising purpose has been specified as mentioned in section 300(2).
2
A person commits an offence if he uses any part of the profits of gaming to which this section applies for a purpose other than that specified.
3
The reference in subsection (2) to the use of profits includes a reference to permitting profits to be used.
4
A person guilty of an offence under this section shall be liable on summary conviction to—
a
imprisonment for a term not exceeding 51 weeks,
b
a fine not exceeding level 5 on the standard scale, or
c
both.
5
In the application of subsection (4) to Scotland the reference to 51 weeks shall have effect as a reference to six months.
6
In this section “profits” has the same meaning as in sections 299 and 300.
I6302Non-commercial betting
For the purposes of this Act a betting transaction is non-commercial betting if no party to the transaction—
a
enters it in the course of a business, or
b
holds himself out as being in business in relation to the acceptance of bets.