Part 1Interpretation of Key Concepts

Principal concepts

I11The licensing objectives

In this Act a reference to the licensing objectives is a reference to the objectives of—

a

preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime,

b

ensuring that gambling is conducted in a fair and open way, and

c

protecting children and other vulnerable persons from being harmed or exploited by gambling.

I22Licensing authorities

1

For the purposes of this Act the following are licensing authorities—

a

in relation to England—

i

a district council,

ii

a county council for a county in which there are no district councils,

iii

a London borough council,

iv

the Common Council of the City of London, and

v

the Council of the Isles of Scilly,

b

in relation to Wales—

i

a county council, and

ii

a county borough council, and

c

in relation to Scotland, a licensing board F1continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 16).

2

For the purposes of Schedule 13, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple are licensing authorities.

I33Gambling

In this Act “gambling” means—

a

gaming (within the meaning of section 6),

b

betting (within the meaning of section 9), and

c

participating in a lottery (within the meaning of section 14 and subject to section 15).

I44Remote gambling

1

In this Act “remote gambling” means gambling in which persons participate by the use of remote communication.

2

In this Act “remote communication” means communication using—

a

the internet,

b

telephone,

c

television,

d

radio, or

e

any other kind of electronic or other technology for facilitating communication.

3

The Secretary of State may by regulations provide that a specified system or method of communication is or is not to be treated as a form of remote communication for the purposes of this Act (and subsection (2) is subject to any regulations under this subsection).

I55Facilities for gambling

1

For the purposes of this Act a person provides facilities for gambling if he—

a

invites others to gamble in accordance with arrangements made by him,

b

provides, operates or administers arrangements for gambling by others, or

c

participates in the operation or administration of gambling by others.

2

But a person does not provide facilities for gambling for the purposes of this Act by virtue only of—

a

providing an article other than a gaming machine to a person who intends to use it, or may use it, in the course of any of the activities mentioned in subsection (1)(a) to (c),

b

providing, otherwise than in the course of providing, operating or administering arrangements for gambling or participating in the operation or administration of gambling, an article to a person who intends to use it, or may use it, for gambling, or

c

making facilities for remote communication available for use by—

i

persons carrying on any of those activities, or

ii

persons gambling in response to or in accordance with any of those activities.

3

A person provides facilities for gambling (despite subsection (2)(c)) if—

a

he makes facilities for remote communication available for use,

b

the facilities are adapted or presented in such a way as to facilitate, or to draw attention to the possibility of, their use for gambling, and

c

the nature, adaptation or presentation of the facilities is such that—

i

they cannot reasonably be expected to be used for purposes other than gambling, or

ii

they are intended to be used wholly or mainly for gambling.

4

The Secretary of State may by order, for the purposes of subsection (3)(c)—

a

provide that facilities of a specified nature, or adapted or presented in a specified way, cannot reasonably be expected to be used for purposes other than gambling;

b

provide that facilities of a specified nature, or adapted or presented in a specified way, can reasonably be expected to be used for purposes other than gambling;

c

specify criteria by which it is to be determined whether facilities can reasonably be expected to be used for purposes other than gambling;

d

provide that facilities of a specified nature, or adapted or presented in a specified way, shall be taken as being intended to be used wholly or mainly for gambling;

e

provide that facilities of a specified nature, or adapted or presented in a specified way, shall be taken as not being intended to be used wholly or mainly for gambling;

f

specify criteria by which it is to be determined whether facilities are intended to be used wholly or mainly for gambling.