Gaming Act 1968

Citation1968 c. 65
JurisdictionUK Non-devolved


Gaming Act 1968

1968 CHAPTER 65

An Act to make further provision with respect to gaming; and for purposes connected therewith.

[25th October 1968]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I Gaming Elsewhere than on Premises Licensed or Registered under Part II of this Act

Part I

Gaming Elsewhere than on Premises Licensed or Registered under Part II of this Act

S-1 Gaming to which Part I applies.

1 Gaming to which Part I applies.

(1) Except as provided by the next following subsection, this Part of this Act applies to all gaming which takes place elsewhere than on premises in respect of which either—

(a ) a licence under this Act is for the time being in force, or

(b ) a club or a miners' welfare institute is for the time being registered under Part II of this Act.

(2) This Part of this Act does not apply to—

(a ) gaming by means of any machine to which Part III of this Act applies, or

(b ) gaming to which section 41 of this Act applies, or

(c ) gaming which constitutes the provision of amusements with prizes in the circumstances specified in section 48(1) or in section 49(1) of the Act of 1963.

S-2 Nature of game.

2 Nature of game.

(1) Subject to the following provisions of this section, no gaming to which this Part of this Act applies shall take place where any one or more of the following conditions are fulfilled, that is to say—

(a ) the game involves playing or staking against a bank, whether the bank is held by one of the players or not;

(b ) the nature of the game is such that the chances in the game are not equally favourable to all the players;

(c ) the nature of the game is such that the chances in it lie between the player and some other person, or (if there are two or more players) lie wholly or partly between the players and some other person, and those chances are not as favourable to the player or players as they are to that other person.

(2) The preceding subsection shall not have effect in relation to gaming which takes place on a domestic occasion in a private dwelling, and shall not have effect in relation to any gaming where the gaming takes place in a hostel, hall of residence or similar establishment which is not carried on by way of a trade or business and the players consist exclusively or mainly of persons who are residents or inmates in that establishment.

S-3 No charge for taking part in gaming.

3 No charge for taking part in gaming.

(1) Subject to the following provisions of this section, no gaming to which this Part of this Act applies shall take place in circumstances where (apart from any stakes hazarded) a charge, in money or money's worth, is made in respect of that gaming.

(2) Subject to the next following subsection, any admission charge shall, unless the contrary is proved, be taken to be a charge made as mentioned in subsection (1) of this section.

(3) For the purposes of this section a payment which constitutes payment of, or of a quarterly or half-yearly instalment of, an annual subscription to a club, or which constitutes payment of an entrance subscription for membership of a club, shall not be taken to be a charge made as mentioned in subsection (1) of this section:

Provided that this subsection shall not apply to a club unless it is shown that the club is so constituted and conducted, in respect of membership and otherwise, as not to be of a temporary character, and, in relation to an entrance subscription, shall not apply unless it is shown that the payment is not made in respect of temporary membership of the club.

(4) The preceding provisions of this section shall have effect subject to section 40 of this Act.

S-4 No levy on stakes or winnings.

4 No levy on stakes or winnings.

4. Without prejudice to the generality of section 3 of this Act, no gaming to which this Part of this Act applies shall take place where a levy is charged on any of the stakes or on the winnings of any of the players, whether by way of direct payment or deduction, or by the exchange of tokens at a lower rate than the rate at which they were issued, or by any other means.

S-5 Gaming in public places.

5 Gaming in public places.

(1) No person shall take part in gaming to which this Part of this Act applies—

(a ) in any street, or public places.

(b ) (subject to the next following section) in any other place to which, whether on payment or otherwise, the public have access.

(2) A constable may arrest without warrant anyone whom he finds in a street, or in any such place as is mentioned in paragraph (b ) of the preceding subsection, and whom he suspects, with reasonable cause, to be taking part in gaming there in contravention of that subsection.

(3) For the purposes of this section—

(a ) ‘street’ includes any bridge, road, lane, footway, subway, square, court, alley or passage, whether a thoroughfare or not, which is for the time being open to the public, and, in the application of this section to Scotland, includes also any common close or common stair; and

(b ) the doorways and entrances of premises abutting upon, and any ground adjoining and open to, a street shall be treated as forming part of the street.

S-6 General provisions as to gaming on premises licensed for retail sale of liquor.

6 General provisions as to gaming on premises licensed for retail sale of liquor.

(1) The restriction imposed by section 5(1) of this Act does not apply—

(a ) to the playing of dominoes or cribbage on any premises to which this section applies, or

(b ) in the case of any particular premises to which this section applies, to the playing of any other game which is authorised to be played on those premises by an order under subsection (3) of this section which is for the time being in force.

(2) This section applies to—

(a ) any premises in respect of which a justices' on-licence (other than a Part IV licence) or a hotel certificate or public house certificate is for the time being in force;

(b ) any premises in the district specified in Part I of Schedule 9 to the Licensing Act 1964 (the Carlisle district) which are for the time being used for the sale on behalf of the Secretary of State of intoxicating liquor for consumption on the premises; and

(c ) any premises in a district specified in Part I of Schedule 8 to the Licensing (Scotland) Act 1959 (State management districts) which are for the time being used for the sale on behalf of the Secretary of State of exciseable liquor for consumption on the premises.

(3) On the application—

(a ) of the holder of the licence or certificate, in the case of any such premises as are mentioned in paragraph (a ) of subsection (2) of this section, or

(b ) of the Secretary of State, in the case of any such premises as are mentioned in paragraph (b ) or paragraph (c ) of that subsection,

the licensing justices for the licensing district, or, in Scotland, the licensing court for the licensing area, in which the premises are situated may by order authorise the playing on those premises of a game specified in the order, other than dominoes and cribbage.

(4) In respect of any premises to which this section applies the licensing justices for the licensing district, or, in Scotland, the licensing court for the licensing area, in which the premises are situated may by order impose such requirements or restrictions with respect to gaming by the playing of dominoes or cribbage, or of any game authorised by virtue of subsection (3) of this section, in a part of those premises to which the public have access as the justices or court may consider necessary to secure that any such gaming in that part of the premises does not take place—

(a ) for high stakes, or

(b ) in such circumstances as to constitute an inducement to persons to resort to the premises primarily for the purpose of taking part in any such gaming.

(5) Where an order under subsection (3) or subsection (4) of this section has been made by licensing justices or a licensing court, the justices or court may at any time revoke or vary the order by a subsequent order.

(6) On making any order under this section the licensing justices or licensing court shall give notice of the making of the order—

(a ) to the holder of the licence or certificate, in the case of any such premises as are mentioned in paragraph (a ) of subsection (2) of this section, or

(b ) to the Secretary of State, in the case of any such premises as are mentioned in paragraph (b ) or paragraph (c ) of that subsection,

and shall send a copy of the notice to the chief officer of police, or, in Scotland, the chief constable, for the police area in which the premises are situated; and any such order shall come into force on the giving of the notice to the holder of the licence or certificate, or to the Secretary of State, as the case may be, and, subject to any subsequent order revoking or varying it, shall continue in force so long as the premises continue to be premises to which this section applies.

(7) Nothing in this section, or in any order made under this section, shall be construed as affecting the operation of sections 2 to 4 of this Act in relation to gaming on any premises to which this section applies.

(8) In this section ‘justices' on-licence’, ‘Part IV licence’ and ‘licensing district’ have the same...

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