(1)The occupier of any licensed track may make to a bookmaker or to any assistant accompanying a bookmaker to the track for the purpose of his business any charge for admission to any particular part of the track not exceeding, in the case of the bookmaker, five times the amount, or, in the case of an assistant, the amount, of the highest charge made to members of the public for admission to that part of the track:
Provided that there shall not be made to any bookmaker or bookmaker’s assistant for admission to any particular part of the track any charge differing in amount from the charge made to any other bookmaker or bookmaker’s assistant, as the case may be, for admission to that part of the track.
(2)If in the case of any licensed track any charge other than—
(a)a charge authorised by the foregoing subsection; or
(b)any amount payable by way of bookmakers’ licence duty under section 4 of the M1Betting Duties Act 1963,
is made to a bookmaker or bookmaker’s assistant, or any payment, valuable thing or favour, other than a charge so authorised or an amount so payable, is demanded or received by or for the benefit of the occupier of the track as a consideration for facilities being given to a bookmaker for the carrying on of his business, the person immediately responsible, and, if that person is not the occupier of the track, that occupier also, shall be guilty of an offence:
Provided that where the occupier of a track is charged with an offence under this section by reason of an act of another person, it shall be a defence for the occupier to prove that the act took place without his consent or connivance and that he exercised all due diligence to prevent it.
[F1(3)In the case of a track which is a dog racecourse, the reference in subsection (2) of this section to facilities shall be construed as a reference to facilities other than in relation to a permanent structure.]
Textual Amendments
F1S. 18(3) inserted (7.1.1996) by S.I. 1995/3231, art. 3(2)
Modifications etc. (not altering text)
C1Mode of trial in s. 18(2) specified (S.) (1.4.1996) by 1995 c. 46, ss. 292(1), 309(2), Sch. 10 para. 4(d) (with ss. 24(2), 307(2))
Marginal Citations