(1)A person commits an offence if he provides facilities for gambling unless—
(a)an exception provided for in subsection (2) or (3) applies, or
(b)an exception provided for by any of the following provisions applies—
(i)sections 34 and 35,
(ii)sections 269 and 271 (clubs and miners' welfare institutes),
(iii)section 279 (premises with alcohol licence),
(iv)sections 289 to 292 (prize gaming),
(v)section 296 (private gaming and betting), and
(vi)section 298 (non-commercial gaming).
(2)Subsection (1) does not apply to any activity by a person if—
(a)he holds an operating licence authorising the activity, and
(b)the activity is carried on in accordance with the terms and conditions of the licence.
(3)Subsection (1) does not apply to any activity by a person if—
(a)he acts in the course of a business carried on by a person who holds an operating licence authorising the activity, and
(b)the activity is carried on in accordance with the terms and conditions of the licence.
[F1(3A)Section 36(3A) limits the application of this section in cases involving the use in Great Britain of certain facilities for remote gambling.]
(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.
Textual Amendments
F1S. 33(3A) inserted (1.11.2014 for specified purposes) by Gambling (Licensing and Advertising) Act 2014 (c. 17), ss. 1(1), 6(5); S.I. 2014/2444, art. 2(a) (as amended (29.9.2014) by S.I. 2014/2646, art. 2)
Modifications etc. (not altering text)
C1S. 33 modified by SI 2006/3272 art. 8(1)(2) (as inserted (16.8.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) (No. 2) Order 2007 (S.I. 2007/2169), arts. 1(1), 5)
C2S. 33 modified (temp.) (1.9.2007) by Gambling Act 2005 (Horserace Totalisator Board) Order 2007 (S.I. 2007/2102), arts. 1, 3
Commencement Information
I1S. 33 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)