Gambling Act 2005

General

60 Temporary use notice

(1) For the purposes of this Part—

(a) a temporary use notice in respect of the use of premises to carry on an activity shall be treated as if it were a premises licence authorising that activity, and

(b) an occasional use notice in respect of premises shall be treated as if it were a betting premises licence.

(2) Sections 47(6) and 182 shall apply in relation to a notice treated as a premises licence by virtue of subsection (1) above.

61 Employment

(1) In this Part a reference to employing a person includes a reference to—

(a) employing or engaging the person whether or not under a contract of employment, and

(b) causing or permitting the person to be employed or engaged.

(2) Where a person commits an offence under this Part by employing a person or by being employed, he shall be treated as committing the offence on each day during any part of which the employment continues.

62 Penalty

(1) A person guilty of an offence under this Part 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.

(2) But in relation to an offence committed by a young person subsection (1) shall have effect as if—

(a) paragraphs (a) and (c) were omitted, and

(b) in paragraph (b) the reference to level 5 were a reference to level 3.

(3) In the application of subsection (1) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

63 Reasonable belief about person’s age

(1) Where a person is charged with an offence under this Part of doing anything in relation to an individual who is a child it is a defence for the person charged to prove that—

(a) he took all reasonable steps to determine the individual’s age, and

(b) he reasonably believed that the individual was not a child.

(2) Where a person is charged with an offence under this Part of doing anything in relation to an individual who is a young person it is a defence for the person charged to prove that—

(a) he took all reasonable steps to determine the individual’s age, and

(b) he reasonably believed that the individual was not a young person.

64 Use of children in enforcement operations

(1) Nothing in this Part renders unlawful—

(a) anything done, in the performance of his functions, by a constable, an enforcement officer or an authorised person, or

(b) anything done by a child or young person at the request of a constable, enforcement officer or authorised person acting in the performance of his functions.

(2) Subsection (1) applies to an order under section 59 as to the provisions of this Part.