Non remote pool betting game

The provisions of s 46 see under heading 'Offences involving children and young persons' relating to the meaning of 'inviting' and whereby a person may be deemed to have invited participation apply to the offence under s Defences By GA , s 63, it is a defence for a person charged with any of the offences under GA , ss where they relate to a child or as the case may be a young person to prove that he took all reasonable steps to establish a person's age and that he reasonably believed that the person was not a child or as the case may be young person.

Temporary or occasional use notices By GA , s 60, notices of these types authorising gambling at premises which do not have a premises licence are regarded as being premises licences for the purposes of the offences under GA , ss The relevant provisions are contained in GA , Pt 5. The Gambling Commission issues such licences and administers the licensing regime. There are 10 types of operating licence: a casino operating licence; a general betting operating licence; a pool betting operating licence; a betting intermediary operating licence; a gaming machine general operating licence; a gaming machine operating licence for a family entertainment centre; a gaming machine technical licence; a gambling software operating licence; and a lottery operating licence.

Both the Gambling Commission, by way of general and individual conditions attached to a licence, and the Secretary of State, by regulations containing specified conditions which must be attached to a licence, can make requirements in relation to operating licences. The Gambling Act Operating Licence Conditions Regulations impose the following condition upon a casino operating licence in respect of a game played on a wholly automated gaming table.

The game must be capable of being played by four persons at the same time using four separate player positions. The Regulations also impose a condition on bingo operating licences relating to the provision of facilities for prize gaming. Operating licences are of indefinite duration. In the case of a bingo operating licence, the Secretary of State may make comprehensive regulations limiting stakes, participation charges and the payment of prizes.

No condition may be attached to such a licence prohibiting roll-over prizes. A general betting operating licence is required by anyone wishing to accept or make bets by way of a business. Those providing facilities to accept another person's bets will require a betting intermediary operating licence.

Employees of the holder of a general betting operating licence holder may accept or make bets on his behalf. Conditions are also imposed on pool betting and horserace betting operating licences. Lotteries, other than the National Lottery or exempt lotteries see under heading 'Exempt lotteries must be licensed. A lottery operating licence may only be issued to: non-commercial societies; local authorities; or a person proposing to act as external lottery manager on behalf of a non-commercial society or a local authority.

A non-commercial society see under heading 'Non-commercial society' requires an operating licence if the proceeds of a lottery which it promotes exceed certain thresholds set out in Sch 11 below. If these thresholds are not exceeded the lottery is a 'small society lottery' and is exempt.

However, such a lottery must be registered with the local authority. The Commission may impose upon a lottery operating licence requiring that all arrangements are to be made by an external lottery manager. An external lottery manager is someone who makes arrangements for a lottery on behalf of a society or authority of which he is not a member, officer or employee.

Delivery of lottery tickets by post may not be prohibited by regulations or by conditions. The Gambling Commission may impose conditions in respect of roll-overs. Non-remote operating licences and remote operating licences An operating licence may authorise the provision of facilities for gambling on premises or the carrying on of activity in respect of remote gambling or by means of remote communication.

It cannot authorise both. Where on-premises gambling and remote gambling or gambling by means of remote communication are both carried out, two licences must be in force. An operating licence must state whether it is a remote operating licence or not. A non-remote operating licence authorises the operation of gambling facilities which are to be carried out on premises.

However, the person to whom the licence is granted also requires a licence in respect of particular premises upon which such gambling will take place. This may be in the form of a premises licence, an occasional use notice or a temporary use notice.

In addition, operating licences may be obtained to authorise the manufacture, supply, installation, adaptation, maintenance of gaming machines computer software. A remote operating licence authorises activity to be carried on in respect of remote gambling or gambling by means of remote communication. It may carry conditions limiting the forms of remote gambling which are permitted. A form of communication may be specifically authorised.

A remote operating licence may authorise remote gambling equipment to be situated outside Great Britain. A casino licence also authorises facilities for betting on the outcome of a virtual game, race, competition or other event or process, unless limited by a condition, and also authorises the provision of equal chance gaming other than bingo.

A betting operating licence authorises facilities for betting on the outcome of such events other than a game of chance unless restricted by a condition. However, these provisions do not apply to virtual gaming by way of a machine. Gaming machines - authorisations Some forms of operating licence authorise making machines available for use. These are: a non-remote casino operating licence; a non-remote bingo operating licence; a non-remote general betting operating licence; and a non-remote pool betting operating licence.

Personal licences are governed by GA , Pt 6. A personal licence is a licence which authorises an individual to perform the functions of a specified management office, or to perform a specified operational function, in connection with the provision of facilities for gambling or in connection with a person who provides facilities for gambling. Thus, it authorises people to carry out certain duties on behalf of the licence holder.

The Gambling Commission grants such licences. Every operating licence must specify at least one management office to be occupied by a personal licence holder unless the operating licence holder is a 'small scale operator', in which case a personal licence requirement may not be attached to an operating licence.

These provide that the holder of an operating licence is a small scale operator if he satisfies the condition that, in relation to the relevant licensed activity, there are no more than three qualifying positions in or in respect of the licensee or in connection with the licensed activity, and each qualifying position is occupied by a qualified person ie a person named in the operating licence as a person who holds a qualifying position or a person who is the subject of an application which has been made to vary the operating licence to include his name as a person holding a qualifying position.

A 'qualifying position' means a position held by a person who, by the terms of his appointment has primary responsibility for a management or marketing function. GA , s provides that the provisions of Part 5 of the Act operating licences are to apply to personal licences as they apply to operating licences, subject to certain exceptions.

The Gambling Personal Licences Modification of Part 5 of the Gambling Act Regulations specify a number of exclusions and modifications of Part 5 of the Act, as it is to apply to personal licences. Personal licences are of indefinite duration. It then becomes the duty of licensing authorities local authorities to licence specified premises through the grant of premises licences under GA , Pt 8.

Operators' licences cannot specify particular premises upon which gambling activities can take place, but may specify the maximum number of sets of premises upon which licensed activities may be conducted, or the number of people for whom facilities may be provided on any premises. A casino licence, for example, does not necessarily restrict activities to one set of premises.

The provision of an operating licence by the Gambling Commission allows the specified person to provide specified gambling facilities, but, for these to be provided on particular premises, those premises must be licensed by the licensing authority. Premises licences are required for: casino premises; betting premises including tracks and premises used by a betting intermediary ; adult gaming centres; and family entertainment centres.

In the case of the centres referred to in d and e a premises licence can only licence specified types of gaming machines see Gaming Machines below. There are three types of casino premises licence: regional, large and small depending on which type of casino they relate to. There must be no more than one regional casino premises licence; eight large casino premises licences and eight small casino premises licences.

The geographical distribution of the eight local authorities which may issue large casino premises licences has been prescribed by order. No more than one licence issued by each such local authority may have effect at any time. The prescription of the local authority which may issue a regional casino premises licence has not yet happened.

An applicant for a premises licence must hold or have applied for a relevant operating licence. However, this requirement does not apply to an applicant for a premises licence which authorises a track to be used for accepting bets and for no other gambling purpose except a maximum of four category B, C or D gaming machines. A licensing authority may issue a 'provisional statement' in advance of the construction or adaptation of premises to be used for providing gambling facilities, or where a person is intending to occupy premises.

Licensing authorities are required to maintain a register of premises licensed under GA which must be open to public inspection. The Gambling Commission, police and certain other public bodies have the right to make representations about applications for premises licences.

Persons living close to the premises and those with business interests or their representatives may also make representations. Unless the Secretary of State provides otherwise by regulations, premises licences are of indefinite duration. Conditions The Secretary of State and licensing authorities may include conditions within premises licences.

They may be mandatory set out in the Gambling Act Mandatory and Default Conditions England and Wales Regulations or default also set out in the Regulations and to be applied unless the licensing authority excludes them in which case different conditions may be imposed concerning the same issues.

A licensing authority may not impose a condition: a which would prevent compliance with a default condition included in an operating licence; b which requires premises or a part of those premises to operate as a club or any other body which requires membership; or c which places a limit upon stakes, fees, winnings or prizes. Other forms of premises authorisation There are forms of authorisation of the use of premises for gambling other than premises licences.

These are: occasional use notices tracks see under heading 'Relating to the use of premises' ; temporary use notices for a specified activity ; authorisation given in respect of football pools given by holder of pool betting operating licence; gaming machine permits for family entertainment centres Category D machines only issued by a licensing authority local authority ; authorisations or entitlements for alcohol licensed premises, clubs and miners' welfare institutes, and travelling fairs; and prize gaming permits.

People may provide facilities for private gaming and non-commercial gaming without the need for a premises licence if certain conditions are satisfied see under heading 'Private gaming and private betting'. It is an offence for an operating licensee to fail, without reasonable excuse, to do so. In addition, by s , a constable or such an officer may require the individual who holds a personal licence to produce his licence.

If the individual is carrying on a licensed activity or is on the licensed premises, the licence must be produced immediately. Failure by a personal licensee to comply with a requirement to produce a personal licence is an offence. Where a holder of an operating licence is convicted of a relevant offence in Great Britain, he must inform the court that he is the holder of such a licence. The court may then consider whether to exercise its power to order forfeiture as part of the sentence imposed.

The court may also order the disqualification from holding a licence for a period of not more than ten years. Offences under the law of another country are relevant offences if of a similar nature. GA specifically excludes: domestic or dual-use computers both defined below ; a telephone or other communication device; a machine designed or adapted for betting only on future real events; a machine for playing bingo or bingo prize gaming; a machine used for playing real games of chance; or a machine which dispenses lottery tickets or otherwise enables someone to enter a lottery provided that the results of the lottery are not determined by the machine and are not announced by the machine until at least one hour after each entry.

Where a lottery ticket is purchased from a machine, the result of that lottery must not be announced until there has been an interval of at least one hour since purchase. Domestic computer A 'domestic computer' is one that is capable of being used for a purpose which is not related to gambling; it is located in a private dwelling; and if used, is used on a domestic occasion.

A money prize machine is a machine in respect of which every prize which can be won as a result of using the machine is a money prize. A crane grab machine is a non-money prize machine in respect of which every prize which can be won as a result of using the machine consists of an individual physical object such as a stuffed toy , and whether or not a person using the machine wins a prize is determined by the person's success or failure in manipulating a device forming part of the machine so as to separate, and keep separate, one or more physical objects from a group of such objects.

A coin pusher or penny drop machine is a machine of which the charge for use may only be paid by means of a single coin or token, inserted into the machine, and whether or not a person using the machine wins a prize is determined wholly or in part by the position in which the coin or token comes to rest after insertion, together with the position of other coins or tokens previously inserted, or if the insertion of a single coin to pay for use enables the person using the machine to release token s within the machine, the position in which such tokens come to rest after being released, together with the position of other tokens previously released, and which is neither a money prize machine or a non-money prize machine.

The Gaming Machines Circumstances of Use Regulations require that a gaming machine must display the category or sub-category of the machine together with details of a person from whom assistance may be obtained: unless it is a category D machine, a warning that the machine is not to be used by a child or young person; and details of prizes to be won.

A gaming machine shall not be made available for use if it is designed or adapted to permit money to be paid by means of a credit card or debit card In addition, a person making a gaming machine available for use shall not participate in, arrange, permit or knowingly facilitate payment of a charge for use by means of a credit card. A 'money prize' may be in the form of cash or a cheque, or partly in the form of cash and partly in the form of a cheque or in the form of a document enabling its redemption in those forms or by way of receipt of goods or services, on the premises.

There are some permitted variations to these provisions contained in regs 7 to Where there are fewer than 40 tables, the entitlement is that of a large casino. For these purposes, a gaming table is to be treated as being used in a casino at a particular time only if it is being used to play a 'casino game' see text or is available at that time for that purpose. A 'wholly automated gaming table' is not a 'gaming table'. A 'wholly automated gaming table' is an apparatus designed or adapted to enable the playing of a 'real game of chance see text , whose design or adaptation is such that it is not required to be controlled or operated by a casino employee or individual concerned in arranging for others to play the game, and which is not designed or adapted for use in connection with a game whose arrangements are controlled or operated by an individual.

Premises licences for different types of premises may not vary these statutory entitlements. The Gaming Machines Single Apparatus Regulations provide that where there is a single piece of apparatus which is a gaming machine, each player position at such apparatus will be treated as a gaming machine. The Gaming Machines Circumstances of Use Regulations , reg 4 provides that a gaming machine shall not be made available for use if it is designed or adapted to permit money to be paid by means of a credit or debit card.

Offences in relation to gaming machines GA , s provides that a person commits an offence by making a gaming machine available for use by another, unless he does so in accordance with an operating licence or a family entertainment centre gaming permit, club gaming permit which gives an automatic entitlement to operate the machine see under heading 'Exempt gaming' , club machine permit or appropriate on-licensed premises gaming machine permit or unless he makes the machine available under the automatic permission relating to on-premises alcohol licensed premises or at a travelling fair or offers no or a limited prize.

Two gaming machines of Category C or D may be made available on on-licensed premises alcohol licensed premises in compliance with any relevant code of practice as to their location and operation but the alcohol related licence holder must have notified the licensing authority of his intention to install machines.

An on- licensed premises gaming machine permit will authorise the provision of further machines of those categories as specified in the permit. Travelling fairs may provide unlimited Category D machines. Promoting a lottery For the purposes of GA , a person promotes a lottery if he makes or participates in making arrangements for a lottery.

In particular, a person promotes a lottery if he: makes arrangements for the printing of lottery tickets; or makes arrangements for the printing, distribution or publication of promotional material ie a document that advertises, invites participation in, or contains information about how to participate in, a particular lottery, or lists winners in a lottery ; possesses promotional material for distribution or publication; makes arrangements to advertise a lottery; invites a person to participate; offers or supplies, or possesses with intent to sell or supply, a lottery ticket; does or offers to do anything whereby someone becomes a member of a class among whom lottery prizes are to be distributed; or uses premises for purposes connected with the administration of the lottery.

Where there is an external lottery manager see under heading 'Operating licences' lottery manager in relation to a lottery on behalf of a society or local authority, both he and the society or local authority promote the lottery. It is an offence against GA , s for a person to promote a lottery unless: a he holds an appropriate operating licence and is acting in accordance with it; b he is acting otherwise than as external lottery manager on behalf of the holder of such a licence and in accordance with it; or c the lottery is an exempt one.

As already noted, operating licences for lotteries may only be issued to local authorities, large non-commercial societies, or to an external lottery manager acting on their behalf. GA , Sch 11 lists the following exempt lotteries: incidental non-commercial lotteries; private lotteries; customer lotteries; and small society lotteries ie society lotteries which do not generate sufficient proceeds to require an operating licence and are registered with the local authority.

Exempt lotteries are dealt with further under heading 'Exempt lotteries'. A person charged with promoting a lottery contrary to s has a defence if he shows that he reasonably believed that the lottery was exempt, or that a lottery operating licence was held and being complied with; that the arrangement in question was part of the National Lottery; or that it did not fall within the definition of a lottery under the Act.

Facilitating a lottery It is an offence against GA , s to facilitate a lottery. For these purposes a person facilitates a lottery if and only if he advertises a particular lottery, or prints tickets or promotional material for it. The offence relates to 'a particular lottery' and therefore is not concerned with those who print lottery tickets to be used in lotteries generally. It does not apply to exempt lotteries or if what is done is done in accordance with the terms and conditions of an operating licence.

The same defences apply as in the case of the offence of promoting a lottery. Misusing the profits of a lottery It is an offence against GA , s where a promoter declares on a ticket or in an advertisement that the proceeds of a lottery are to be used for a specific purpose, and he uses, or permits to be used, any part of the profits for other than the stated purpose. There is a separate offence in the case of exempt lotteries which, in this context means an incidental non-commercial lottery, a private society lottery and a small society lottery.

Such lotteries are only exempt if they are run entirely for the purposes ie for the benefit of the charity or club. It is an offence against GA , s for a person to use, or permit the use, of any part of the profits of such a lottery for a purpose other than a permitted purpose. Small society lottery: breach of condition An offence against GA , s is committed by a non-commercial society if a lottery purporting to be an exempt lottery as a small society lottery is promoted on its behalf when it is not registered with the local authority, if the society fails to comply with a notification requirement or if it provides false or misleading information in relation to such a requirement.

Exempt lotteries The lotteries which are exempt from the necessity to have an operating licence are defined as follows by GA , Sch An event is non-commercial if no money raised from the event is appropriated for the purposes of private gain. The specified conditions are: no deduction must be made from the proceeds of the lottery for prizes or for other costs in excess of the prescribed sum in respect of costs permitted by regulations. Private lotteries These may be: a private society lottery ie a lottery, promoted only by authorised members of a non-gambling society, where each person to whom a ticket is sold is a member or on the society's premises.

A private society lottery may be promoted for any purpose of the society; a work lottery ie a lottery where the promoters work on a single set of premises and each person to whom a ticket is sold or supplied also works there ; and a residents' lottery which is similar to b but is restricted to persons who live in a single set of premises. A work lottery or residents' lottery must be organised so as to ensure that no profits are made.

Public advertisement of these lotteries is prohibited. Customer lottery A customer lottery is a lottery promoted by the occupier of business premises, ticket sales being restricted to customers who are on the premises. Small society lottery A small society lottery is a lottery satisfying the following requirements.

It may be promoted for any of the society's purposes. Such a lottery must be registered with the local authority. The provisions set out below do not apply to betting or lotteries which are dealt with separately.

Members' club, commercial club and miners' welfare institute A members' club is a club with at least 25 members, established and conducted a wholly or mainly for purposes other than gaming, and b on a non-commercial basis for the benefit of members. Such clubs may not be temporary. A commercial club is a club with at least twenty-five members, established wholly or mainly for purposes other than gaming unless the gaming is of a prescribed type. The Secretary of State may prescribe forms of gaming which may take place.

A miners' welfare institute is an association established for social or recreational purposes, where the association is either managed by a group at least two-thirds of whom are miners' representatives or operates on premises regulated under a charitable trust which has, at some time, received funds from one of a number of mining organisations. Exempt gaming BY GA , s certain facilities for club gaming may be provided by these clubs without the need for an operating licence or premises licence provided that certain conditions are observed: the gaming must be equal chance gaming; stakes must not exceed limits prescribed by regulations.

Club gaming permit Members' clubs but not commercial clubs and miners' welfare institutes may apply to a local authority for a club gaming permit authorising the provision on club premises of equal chance gaming; gaming machines and prescribed games of chance. A permit will allow these types of gaming in the circumstances set out below to be provided without an operating licence or premises licence, in addition to those types exempt under GA , s Equal chance gaming may take place under a club gaming permit without the prescribed limits in b above applying to maximum stakes or prizes provided c - f are satisfied.

Such other gaming as may be prescribed may also take place. A club gaming permit authorises a total of three gaming machines which may be in category B3A, B4, C or D, but no person under 18 may be permitted to use a machine of category B3A, B4 or C. Club machine permit Club machine permits are available to a miners' welfare institute or a commercial club.

The provisions as to gaming machine permits are similar to those set out above in respect of club gaming permits. The permit obviates the need for a premises licence to be held in respect of such machines. The appropriate machines are those of Categories B3A and B4. Alcohol licensed premises Alcohol licensed premises are premises which contain a bar at which alcohol is served for consumption on the premises under an on-premises alcohol licence but only during such time as alcohol may be served under that licence.

Thus, restaurants and similar premises which do not have a bar are not included within this category of premises. The provision of equal chance gaming on such alcohol licensed premises is permitted subject to the following conditions: no deductions are permitted from stakes or winnings; there must be no participation fee; games must be restricted to one set of premises no linking ; children and young persons must be excluded from participation in the gaming and stakes and prizes must not exceed prescribed limits.

Travelling fairs A 'fair' means a fair consisting wholly or principally of the provision of amusements. Travelling fairs are those which travel from place to place, such a place not having been used for more than 27 days in a calendar year for such a purpose. A premises licence is not required if one or more Category D gaming machine is made available for use at a travelling fair and facilities for gambling amount to no more than an ancillary amusement at the fair. If such bingo is to be played a bingo operating licence will be required.

In addition, there must be no charge, in any form, to participate and no public access, and the gaming must be equal chance gaming. Despite the absence of an operating licence or a premises licence, people may offer facilities for private gaming or private betting without committing an offence, provided that certain conditions are met. Private betting is betting which is domestic or workers' betting.

It is domestic if made on premises in which each party to the transaction habitually resides. Workers' betting is betting restricted to persons employed under a contract of employment by the same employer. Non-commercial gaming Gaming is non-commercial if it takes place at a non-commercial event whether as an incidental, principal or sole activity.

A non-commercial event is one where no part of the proceeds is to be taken for private gain. Despite the absence of an operating licence or a premises licence, people may offer facilities for non-commercial prize gaming or non-commercial equal chance gaming without committing an offence under GA , s 33 or s 37, provided that the following conditions are satisfied. Players must be told that the purpose of the gaming is to raise money for a specified purpose other than that of private gain.

The arrangements must be such that the profits will be applied for a purpose other than private gain. No bank account or credit card merchant account, nor the receipt, processing, holding and clearance of customer funds and credit card transactions, shall be maintained by the licensee in a jurisdiction other than Gibraltar, or in a Gibraltar licensed institution without the prior approval of the Licensing Authority.

The licensee shall be required to produce audited accounts to the Licensing Authority each year during the licence period and maintain its financial records in accordance with the applicable law from time to time. The licensee shall also be required to meet all its accounts and filing requirements as set out in the Companies Act and any other applicable legislation. Effective Control The licensee shall at all times be effectively controlled and managed from Gibraltar.

The licensee shall be required upon request by the Licensing Authority to produce lists of key personnel with CVs or such other information as is reasonably appropriate including shareholders, directors and executive managers involved in the management and operation of the licensee's business in Gibraltar. The licensee hereby agrees that the control of the entire business of the licensee will be exercised in Gibraltar, so that, inter alia, but without limitation to the generality of the foregoing, the bank accounts into which any customer's funds, stakes, wagers, prizes or other monies are received, held or paid out from shall be controlled by the licensee.

The operation of any credit card merchant account used in the course of the business shall be fully and effectively controlled by the licensee. Codes of Practice The Gambling Commissioner is responsible for drawing up and issuing codes of practice as to good practice in the conduct of their undertakings by licensees, and to ensure that licensees conduct their undertakings in accordance with the provisions of the Act.

The licensee agrees to be bound by any code of practice issued by the Gambling Commissioner from time to time. The Generic Code The code of practice titled 'The Generic Code' is intended to be 'interpretive guidance' to the Gibraltar gambling industry in respect of the provisions of the Act, and outline, for development, a fair and transparent regulatory framework within which licensees will be required to operate.

This code applies to all financial transactions associated with defined gambling activities undertaken under the authority of a Gibraltar remote gambling licence. Some additional guidance on various topics has been prepared by the Gambling Division as part of its outreach to the sector and can be accessed here. The National Coordinator for Anti-Money Laundering and the Combatting of Terrorist Financing has published a newsletter detailing the changes made to the Proceeds of Crime Act and subsidiary legislation, this can be found here.

A further newsletter has been published following amendments to POCA in order to address issues arising from the Moneyval evaluation, this can be found here. A copy of the latest iteration of Gibraltar's National Risk Assessment can be found here and an Executive Summary here. A copy of the latest iteration of the Commissioner's Risk Assessment of the gambling sector can be found here.

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