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Gambling Act 2005

Section 242: Making machine available for use

596.The principal offence of making a gaming machine available for use unlawfully is set out in this section. A person will commit an offence if he makes any gaming machine available for use unless:

  • He holds an operating licence which permits such use;

  • He holds a family entertainment centre permit;

  • He holds a club gaming permit or a club machine permit under Part 12;

  • He has appropriate permission for alcohol licensed premises under Part 12;

  • He makes gaming machines available at a travelling fair as permitted by Part 12, or;

  • The machine offers no, or a limited, prize (as defined in this Part).

597.Under Part 3 of the Act it is a separate offence for a person to use premises for making a gaming machine available for use without the necessary authorisation or exemption, such as a premises licence or a Category D gaming machine permit. It will also be an offence under this section to make a gaming machine available for use if the machine does not comply with regulations made by the Secretary of State under section 240.

598.The penalty for this offence is a maximum term of imprisonment of 51 weeks in England and Wales, or 6 months in Scotland, and/or a fine up to level 5.

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