Gambling Act 2005

93Pool betting operating licence

This section has no associated Explanatory Notes

(1)A pool betting operating licence shall, by virtue of this section, be subject to the condition that bets may be accepted on behalf of the licensee only—

(a)by the licensee,

(b)by a person employed by the licensee under a written contract of employment,

(c)by the holder of another pool betting operating licence, or

(d)in accordance with subsection (2) or (3).

(2)A bet is accepted by a person (“the agent”) on behalf of a licensee in accordance with this subsection if—

(a)the agent is authorised by the licensee in writing to accept bets on behalf of the licensee,

(b)the agent is an adult,

(c)at the time of accepting the bet the agent is on a track,

(d)the bet is accepted in reliance on an occasional use notice, and

(e)the bet is in connection with a horse-race or a dog race.

(3)The holder of a pool betting operating licence that authorises (whether expressly or impliedly) the provision of facilities for football pools may in writing authorise an adult or young person—

(a)to make documents or other facilities available in connection with the licensed activities;

(b)to receive entries on behalf of the licensee;

(c)to receive payments on behalf of the licensee;

(d)to make payments of winnings on behalf of the licensee.

(4)An authorisation under subsection (3)—

(a)shall be treated for the purposes of section 33 as if it were a pool betting operating licence, but

(b)shall have no effect in relation to any activity, entry or payment that relates partly to a football pool and partly to another form of gambling.

(5)An authorisation under subsection (3) may be issued on terms and conditions which may, in particular, include—

(a)provision for payment by the person issuing the authorisation;

(b)provision for commission.

(6)A condition of a pool betting operating licence (whether attached by virtue of section 75, 77 or 78) may make provision regulating or restricting the activities of persons authorised under subsection (3).

(7)A pool betting operating licence shall, by virtue of this subsection, contain an implied term permitting the use of postal services for the making of bets.

(8)The effect of the term implied by subsection (7) may not be disapplied or restricted by a condition attached under section 75, 77 or 78.

(9)The Secretary of State may by order—

(a)amend or repeal subsection (2)(e);

(b)amend subsection (3) so as to permit authorisation in relation to betting of a specified kind that relates to a sport but is not a football pool.