13Advertising offence(1)

It is an offence for a person—

(a)

to carry out Games location advertising (see subsection (2));

(b)

to arrange for such advertising to be carried out;

(c)

to permit the carrying out of such advertising.

(2)

For the purposes of this section a person carries out “Games location advertising” if—

(a)

the person does something in, or in the vicinity of, a specified Games location at any time during a specified period, and

(b)

the thing is done wholly or partly for the purpose of promoting a product, service or business specifically to members of the public—

(i)

who are in, or in the vicinity of, the Games location, or

(ii)

who are watching or listening to a broadcast of a Games event.

“Specified” means specified in regulations made by the Secretary of State.

(3)

Any period specified for the purposes of this section must—

(a)

begin no earlier than the beginning of the period of 21 days ending immediately before the day on which the Games begin, and

(b)

end no later than the end of the period of 5 days beginning with the day after the day on which the Games end.

(4)

Regulations made by the Secretary of State may make provision as to when a person is, or is not, to be treated for the purposes of this section as doing something, or as being, in or in the vicinity of a Games location.

(5)

For the purposes of this section a person does not permit the carrying out of Games location advertising if the person took all reasonable steps to prevent the advertising from occurring or (as the case may be) continuing.

(6)

It is not a defence to an offence under this section that the act constituting the offence was carried out in accordance with a licence (but see section 14).

(7)

A person guilty of an offence under this section is liable on summary conviction to a fine.

(8)

This section is subject to—

(a)

sections 14 and 15(1), and

(b)

any regulations made under section 15(2).