Betting and Gaming Duties Act 1981

Part II U.K. Supplementary provisions

General administrationU.K.

5The duty on gaming machine licences shall be under the care and management of the Commissioners, who may (without prejudice to any other provision of this Schedule) make regulations providing for any matter for which provision appears to them to be necessary for the administration or enforcement of the duty, or for the protection of the revenue in respect thereof; and in this Schedule—

(a)“regulations” means regulations of the Commissioners made thereunder; and

(b)“prescribed” means prescribed by regulations.

Applications for and duration of licenceU.K.

6An application for a licence . . . F1shall, subject to paragraph 7(2) below, be made to the Commissioners not later than fourteen days before the date on which the licence is to be in force.

7(1)Subject to sub-paragraph (2) below, a licence shall be expressed to take effect—

(a)on the first day of the period for which it is granted, or

(b)on the fourteenth day after the date of the application,

whichever is the later.

(2)Where a licence would otherwise, by virtue of sub-paragraph (1)(b) above, be expressed to take effect on the fourteenth day after the date of the application it may, if the Commissioners think fit, be expressed to take effect earlier than that day, but in no case earlier than the day following that date.

[F2(3)A gaming machine licence shall expire at the end of the period for which it is granted.]

Transfer of licenceU.K.

8(1)The proper officer may, in such manner as the Commissioners may direct, and without any additional payment,

[F5(a)transfer an ordinary licence in respect of any premises to a successor in title to the interest in those premises of the person to whom the licence was granted; and

(b)where—

(i)a person holding special licences so requests; and

(ii)the proper officer is satisfied that it is appropriate to do so and will not result in any person holding any number of special licences less than ten,

transfer such number of special licences to such other person, as may be specified in the request.]

(2)Where the holder of a gaming machine licence . . . F6dies, the proper officer may transfer the licence, in such manner as the Commissioners may direct and without any additional payment, to some other person for the remainder of the period for which the licence was granted.

Amendment of licenceU.K.

9The proper officer may, in such manner as the Commissioners may direct, and without any additional payment, amend [F7an ordinary]licence by substituting different premises for those in respect of which it is for the time being in force, but—

(a)this paragraph shall not be taken as authorising any amendment affecting the number or descriptions of gaming machines authorised by the licence . . . F8, and

(b)the proper officer must be satisfied that there is no other [F9ordinary licence for the same period] in force as respects the new premises, except where the transfer is of a licence relating only to machines chargeable at one rate, and [F9any such] licence already in force relates only to machines chargeable at another rate.

10(1)Where there is [F10an ordinary] licence for the time being in force in respect of any premises, the holder may at any time apply to the Commissioners for the licence to be amended under this paragraph, and the proper officer shall, on payment of the additional duty (if any), amend the licence accordingly.

(2)A licence may be amended under this paragraph—

(a)so as to increase the number of machines which are authorised by the licence for the premises in question (whether chargeable at one or more of the rates respectively); or

(b)so as to increase the number of machines chargeable at one rate and reduce the number chargeable at another rate; or

(c)in the case of a licence which authorises only machines chargeable at one rate, so as to authorise a specified number of machines chargeable at another rate.

(3)The additional duty referred to in sub-paragraph (1) above shall be payable only where—

(a)the amount of the duty originally paid on the licence, or

(b)in the case of a licence previously amended under this paragraph, that amount plus any additional duty paid in respect of that amendment,

is exceeded by the amount of duty which would have been payable on the original licence if it had been granted as proposed to be amended; and the amount of the additional duty shall then be the difference between those two amounts, . . . F11

(4)Regulations may make provision with respect to the procedure for amending licences under this paragraph, and any such regulations may include provision—

(a)as to the method of amendment (that is to say, whether it is to be effected by endorsement of the licence, or by the issue of an amended licence, or otherwise howsoever), and

(b)as to the time at which a licence is to have effect as amended.

Surrender of licenceU.K.

11[F12(1)Where the holder of a gaming machine licence surrenders it to the proper officer at a time when the licence has at least three months to run, he shall, subject to any provision made by regulations under paragraph 11A below, [F13be entitled to a repayment of duty, in respect of each complete month in the unexpired period of the licence, of an amount equal—

(a)in the case of a whole-year licence, to one-twelfth of the duty paid on the grant of the licence, and

(b)in the case of a half-year licence, to one-twelfth of the duty that would have been payable on the grant of the licence if it had been a whole-year licence.]

(2)A special licence shall not be surrendered unless the Commissoners are satisfied that, if it is surrendered, its holder will (having regard to any other licences surrendered at the same time) hold at least ten, or cease to hold any, special licences.]

(3)[F14Sub-paragraph (1)] above shall not apply if any person has been convicted of an offence under section 24 of this Act in respect of a contravention of [F14section 21(1) or 24 of this Act] which occurred between the grant of the licence and the date of surrender; and where at the date of surrender proceedings for such an offence are pending against any person, the right to repayment under this paragraph shall not arise until the proceedings are terminated, nor unless every person charged in those proceedings with such an offence has been acquitted thereof.

Reduction of duty in certain casesU.K.

[F1511A(1)For the purpose of giving credit, on the taking out of a gaming machine licence in certain circumstances where duty has been paid on one or more previous licences, the Commissioners may make regulations providing that, in prescribed cases, the amount of duty payable on a gaming machine licence shall, subject to prescribed conditions, be reduced by a prescribed amount.

(2)Regulations under this paragraph may make provision modifying, or excluding, the application of paragraph 11 above in cases in which duty is reduced in accordance with the regulations.]

Requirements to be observed by licence-holderU.K.

12The holder of [F16, an ordinary] licence in respect of any premises shall secure that the licence is displayed on the premises at such times and in such manner as may be prescribed, and shall on demand by an officer at any time produce the licence for the officer’s inspection.

[F1713(1)Regulations may make provision with respect to the labelling or marking of—

(a)gaming machines provided on any premises in respect of which an ordinary licence is in force, and

(b)gaming machines in respect of which special licences are in force,

with a view to enabling any such machine to be identified as falling within one of the categories mentioned in sub-paragraph (2) below.

(2)The categories referred to in sub-paragraph (1) above are—

(a)two-penny machines;

(b)machines which are both small-prize machines and five-penny machines;

(c)machines which are small-prize machines but not five-penny machines;

(d)machines which are not small-prize machines but are five-penny machines;

(e)machines which are not small-prize machines and are not five-penny machines.

(3)The regulations may include provision as to the size and description of labels or marks to be applied to machines, as to the cases in which they are required to be, or are prohibited from being, applied and as to the manner of the application.]

Power to enter premises and obtain informationU.K.

14Any officer may (without payment) enter on any premises on which he knows or has reasonable cause to suspect that gaming machines are or have been provided for gaming and inspect those premises and require any person who is concerned in the management of the premises, or who is on the premises and appears to the officer to have any responsibility whatsoever in respect of their management or of the control of the admission of persons thereto—

(a)to produce or secure the production of any gaming machine licence for the time being in force in respect of the premises, or

(b)to provide information with respect to any use to which the premises are or have been put, or to any machine which is or has been on the premises and any game which may have been played by means of such a machine or to the way in which the machine works, or to the amount which is or has been payable to play it.

Registers of permits, etc.E+W+S

15(1)The clerk to the appropriate authority shall keep a register in the prescribed form and containing the prescribed particulars of—

(a)all permits issued by the authority for the purposes of section 16 of the M2Lotteries and Amusements Act 1976 (permitted gaming in the form of amusements with prizes),

(b)all permits so issued for the purposes of section 34 of the M3Gaming Act 1968 (conditions under which gaming may be carried on by means of machines), and

(c)all directions given by the authority under section 32 of the Gaming Act 1968 (approval for provision of more than two gaming machines);

and any such register shall be open during reasonable hours for inspection by any officer.

(2)In sub-paragraph (1) above, “the appropriate authority”—

(a)in relation to permits issued for the purposes of section 16 of the Lotteries and Amusements Act 1976, means the local authority within the meaning of Schedule 3 to that Act,

(b)in relation to permits issued for the purposes of section 34 of the Gaming Act 1968, has the same meaning as in Schedule 9 to that Act, and

(c)in relation to directions under section 32 of the Gaming Act 1968, means the licensing authority under that Act.

EnforcementU.K.

16(1)If any person contravenes or fails to comply with any provision of this Part of this Schedule or regulations, or fails or refuses to comply with any requirement lawfully made of him under this Part of this Schedule or regulations, he shall be guilty of an offence and be liable on summary conviction to [F18a penalty of level 5 on the standard scale.]

(2)Where a person is convicted of an offence under this paragraph consisting in a failure to comply with any provision of this Part of this Schedule or of regulations, and the failure continues after the conviction, he shall be guilty of a further offence under this paragraph and may on conviction be punished accordingly.

17(1)If a justice of the peace or, in Scotland, a justice (within the meaning of section 462 of the M4Criminal Procedure (Scotland) Act) is satisfied on information on oath that there is reasonable ground for suspecting that gaming machines are or have been, or are to be, provided for gaming on any premises in contravention of [F19section 21(1) or 24] of this Act, he may issue a warrant in writing authorising an officer to enter the premises (if necessary by force) at any time within [F20one month] of the issue of the warrant and search them.

(2)An officer who enters premises under the authority of such a warrant may—

(a)seize and remove any records, accounts or other documents, or any gaming machine (including any machine appearing to the officer to be constructed or adapted, or to be capable of use, for playing a game of chance by means of it), or any tokens or other thing whatsoever, found on the premises which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under section 24 of this Act or paragraph 16 above;

(b)search any person found on the premises whom he has reasonable cause to believe to be or have been concerned with the provision of gaming machines on the premises, or with the management of the premises, or to be or have been responsible for controlling the admission of persons to the premises.

18Where an officer finds gaming machines provided on any premises in such circumstances that a gaming machine licence is required so as to authorise them so to be provided and [F21the officer is satisfied, having regard to the number and description of—

(a)those machines which are authorised by the ordinary licence or licences produced to him; and

(b)those machines displaying special licences;

that there has been a contravention of section 21(1) or 24 of this Act,] all gaming machines found on the premises shall be liable to forfeiture.