Gambling Laws in United Kingdom

Gambling Act 2005 (April 2005)

In this Act “gambling” means—

(a)gaming (within the meaning of section 6)

1)In this Act “gaming” means playing a game of chance for a prize.
(2)In this Act “game of chance”—
(a)includes—
(i)a game that involves both an element of chance and an element of skill,
(ii)a game that involves an element of chance that can be eliminated by superlative skill, and
(iii)a game that is presented as involving an element of chance, but
(b)does not include a sport.
(3)For the purposes of this Act a person plays a game of chance if he participates in a game of chance—
(a)whether or not there are other participants in the game, and
(b)whether or not a computer generates images or data taken to represent the actions of other participants in the game.
(4)For the purposes of this Act a person plays a game of chance for a prize—
(a)if he plays a game of chance and thereby acquires a chance of winning a prize, and
(b)whether or not he risks losing anything at the game.
(5)In this Act “prize” in relation to gaming (except in the context of a gaming machine)—
(a)means money or money’s worth, and
(b)includes both a prize provided by a person organising gaming and winnings of money staked.
(6)The Secretary of State may by regulations provide that a specified activity, or an activity carried on in specified circumstances, is or is not to be treated for the purposes of this Act as—
(a)a game;
(b)a game of chance;
(c)a sport.

(b)betting (within the meaning of section 9), and

1)In this Act “betting” means making or accepting a bet on—
(a)the outcome of a race, competition or other event or process,
(b)the likelihood of anything occurring or not occurring, or
(c)whether anything is or is not true.
(2)A transaction that relates to the outcome of a race, competition or other event or process may be a bet within the meaning of subsection (1) despite the facts that—
(a)the race, competition, event or process has already occurred or been completed, and
(b)one party to the transaction knows the outcome.
(3)A transaction that relates to the likelihood of anything occurring or not occurring may be a bet within the meaning of subsection (1) despite the facts that—
(a)the thing has already occurred or failed to occur, and
(b)one party to the transaction knows that the thing has already occurred or failed to occur.

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

(1)For the purposes of this Act an arrangement is a lottery, irrespective of how it is described, if it satisfies one of the descriptions of lottery in subsections (2) and (3).
(2)An arrangement is a simple lottery if—
(a)persons are required to pay in order to participate in the arrangement,
(b)in the course of the arrangement one or more prizes are allocated to one or more members of a class, and
(c)the prizes are allocated by a process which relies wholly on chance.
(3)An arrangement is a complex lottery if—
(a)persons are required to pay in order to participate in the arrangement,
(b)in the course of the arrangement one or more prizes are allocated to one or more members of a class,
(c)the prizes are allocated by a series of processes, and
(d)the first of those processes relies wholly on chance.
(4)In this Act “prize” in relation to lotteries includes any money, articles or services—
(a)whether or not described as a prize, and
(b)whether or not consisting wholly or partly of money paid, or articles or services provided, by the members of the class among whom the prize is allocated.
(5)A process which requires persons to exercise skill or judgment or to display knowledge shall be treated for the purposes of this section as relying wholly on chance if—
(a)the requirement cannot reasonably be expected to prevent a significant proportion of persons who participate in the arrangement of which the process forms part from receiving a prize, and
(b)the requirement cannot reasonably be expected to prevent a significant proportion of persons who wish to participate in that arrangement from doing so.
(6)Schedule 2 makes further provision about when an arrangement is to be or not to be treated for the purposes of this section as requiring persons to pay.
(7)The Secretary of State may by regulations provide that an arrangement of a specified kind is to be or not to be treated as a lottery for the purposes of this Act; and—
(a)the power in this subsection is not constrained by subsections (1) to (6) or Schedule 2, and
(b)regulations under this subsection may amend other provisions of this section or Schedule 2.

National Lottery etc. Act 1993

1)In this Act “the National Lottery” means all the lotteries that form part of the National Lottery, taken as a whole.

(2)A lottery forms part of the National Lottery if the following conditions are satisfied.

(3)The lottery must be promoted or proposed to be promoted—

(a)by the person licensed to run the National Lottery under section 5, or

(b)in pursuance of an agreement that has been made between that person and the lottery’s promoter or proposed promoter.

(4)The promotion of the lottery must be authorised by a licence that has been granted to its promoter or proposed promoter under section 6.

1. Licensing Authority Policy Statement (First Appointed Day) Order 2006 (March 2006)
2. Licensing Authority Policy Statement (England and Wales) Regulations 2006 (March 2006)
3. Licensing Authority Policy Statement (Scotland) Regulations 2006 (March 2006)
4. Horserace Totalisator Board Order 2007 (July 2007)
5. Horserace Betting Levy Order 2007 (July 2007)
6. The Gambling Act 2005 (Amendment of Schedule 6) Order 2005 (June 2012)
7. The Gambling (Licensing and Advertising) Act 2014 (May 2014)
8. Gambling (Licensing and Advertising) Act 2014 (Transitional Provisions) (Amendment) (No 2) Order 2014 (SI 2014/2665)
9. Gambling (Licensing and Advertising) Act 2014 (Commencement No 1) (Amendment and Consequential Amendments) Order 2014 (SI 2014/2646)
10. Gambling (Licensing and Advertising) Act 2014 (Commencement No 1) Order 2014 (SI 2014/2444)
11. Gambling (Licensing and Advertising) Act 2014 (Transitional Provisions) (Amendment) Order 2014 (SI 2014/1675)
12. Gambling (Licensing and Advertising) Act 2014 (Transitional Provisions) Order 2014 (SI 2014/1641)

Advertising Regulations

1. Advertising of Foreign Gambling Regulations 2007 (August 2007)
2. Advertising of Foreign Gambling (Amendment) (No2) Regulations 2008 (January 2008)
3. Appeals
   Tribunal Procedure (Amendment) Rules 2010 (January 2010)
4. First-tier Tribunal (Gambling) Fees Order 2010
5. Transfer of Tribunal Functions Order 2010

Betting [under Gambling Act 2005]

Betting: general

(1)In this Act “betting” means making or accepting a bet on—

(a)the outcome of a race, competition or other event or process,

(b)the likelihood of anything occurring or not occurring, or

(c)whether anything is or is not true.

(2)A transaction that relates to the outcome of a race, competition or other event or process may be a bet within the meaning of subsection (1) despite the facts that—

(a)the race, competition, event or process has already occurred or been completed, and

(b)one party to the transaction knows the outcome.

(3)A transaction that relates to the likelihood of anything occurring or not occurring may be a bet within the meaning of subsection (1) despite the facts that—

(a)the thing has already occurred or failed to occur, and

(b)one party to the transaction knows that the thing has already occurred or failed to occur.

Spread bets, &c.

(1)For the purposes of section 9(1) “bet” does not include a bet the making or accepting of which is a regulated activity within the meaning of section 22 of the Financial Services and Markets Act 2000 (c. 8).

(2)An order under section 22 of that Act which has the effect that a class of bet becomes or ceases to be a regulated activity may, in particular, include transitional provision relating to the application of this Act to that class of bet.

(3)This section is subject to section 38(3).

(a)he participates in an arrangement in the course of which participants are required to guess any of the matters specified in section 9(1)(a) to (c),

(b)he is required to pay to participate, and

(c)if his guess is accurate, or more accurate than other guesses, he is to—

(i)win a prize, or

(ii)enter a class among whom one or more prizes are to be allocated (whether or not wholly by chance).

(2)In subsection (1) a reference to guessing includes a reference to predicting using skill or judgment.

(3)Schedule 1 makes further provision about when a person is to be or not to be treated for the purposes of subsection (1)(b) as being required to pay to participate in an arrangement.

(4)In subsection (1)(c) “prize” includes any money, articles or services—

(a)whether or not described as a prize, and

(b)whether or not consisting wholly or partly of money paid, or articles or services provided, by the members of the class among whom the prizes are allocated.

(1)For the purposes of this Act betting is pool betting if made on terms that all or part of winnings—

(a)shall be determined by reference to the aggregate of stakes paid or agreed to be paid by the persons betting,

(b)shall be divided among the winners, or

(c)shall or may be something other than money.

(2)For the purposes of this Act pool betting is horse-race pool betting if it relates to horse-racing in Great Britain.

(1)In this Act “betting intermediary” means a person who provides a service designed to facilitate the making or acceptance of bets between others.

(2)For the purposes of this Act acting as a betting intermediary is providing facilities for betting.

Casinos Controls

Casino Means
(1)For the purposes of this Act a casino is an arrangement whereby people are given an opportunity to participate in one or more casino games.
(2)In this Act “casino game” means a game of chance which is not equal chance gaming.
(3)But the Secretary of State may by regulations provide that a specified activity, or an activity carried on in specified circumstances, is to be or not to be treated as a casino game for the purposes of this Act (and subsection (2) is subject to regulations under this subsection).
(4)For the purposes of this section it is immaterial—
(a)whether an arrangement is provided on one set of premises or on more than one;
(b)whether an arrangement is provided wholly or partly by means of remote communication.
(5)The Secretary of State shall make regulations by reference to which any casino may be classified as—
(a)a regional casino,
(b)a large casino,
(c)a small casino, or
(d)below the minimum size for a licensed casino.
(6)Regulations under subsection (5) may make provision by reference to—
(a)the number of gaming tables used or designated for the playing of specified casino games or classes of casino game,
(b)the location of gaming tables used or designated for the playing of specified casino games or classes of casino game,
(c)the concentration of gaming tables used or designated for the playing of specified casino games or classes of casino game,
(d)the floor area used or designated for a specified purpose,
(e)any combination of the matters listed in paragraph (a) to (d), or
(f)any other matter.
(7)Regulations under subsection (5) may—
(a)include provision for determining what floor area is to be treated as being used or designated for a purpose;
(b)include provision for determining what activities do or do not amount to the playing of a specified casino game or class of casino game;
(c)include provision for determining what is or is not to be treated as a gaming table (and, in particular, in what circumstances a number of tables are to be treated as if they were a single gaming table);
(d)provide that a gaming table is to be treated as being used or designated only if specified conditions (which may, in particular, relate to purpose of use, extent of use or circumstances of use) are satisfied. [ Gambling Act 2005]

1. Geographical Distribution of Large and Small Casino Premises Licences Order 2008 (February 2008)
2. Inviting Competing Applications for Large and Small Casino Premises Licences Regulations 2008 (February 2008)
3. Gambling Act 2005 (Gaming Tables in Casinos) (Definitions) Regulations 2009 (July 2009)
4. Categories of Casino Regulations 2008
5. Clubs, pubs and prize gaming
   Licensed Premises Gaming Machine Permits (Scotland) Regulations 2007 (November 2007)
6. The Club Gaming and Club Machine Permits (Scotland) Regulations 2007 (November 2007)
7. Club Gaming and Club Machine Permits (Amendment) Regulations 2007 (September 2007)
8. Licensed Premises Gaming Machine Permits (Scotland) Regulations 2007 (September 2007)
9. Limits on Prize Gaming Regulations 2009 (June 2009)
10. Exempt Gaming in Alcohol-Licensed Premises (Amendment) Regulations 2007 (August 2007)
11. Exempt Gaming in Alcohol-licensed Premises Regulations 2007 (July 2007)
12. Club Gaming Permits (Authorised Gaming) Regulations 2007 (July 2007)
13. Exempt Gaming in Clubs Regulations 2007 (July 2007)
14. Gaming in Clubs Regulations 2007 (July 2007)
15. Licensed Premises Gaming Machine Permits (England and Wales) Regulations 2007 (July 2007)
16. Club Gaming and Club Machine Permits Regulations 2007 (July 2007)
17. Gaming Machines in Alcohol Licensed Premises (Notification Fee) (England and Wales) Regulations 2007 (July 2007)
18. Non-Commercial Equal-Chance Gaming Regulations 2007 (July 2007)
19. Operating Licence Conditions Regulations 2007 (July 2007)
20. Prize Gaming (Permits) Regulations 2007 (February 2007)
21. The Categories of Gaming Machine (Amendment) Regulations 2009 (June 2009)
22. Operating Licence Conditions (Amendment) Regulations 2010 (March 2010)
23. The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2011 (March 2011)

Gaming machines

1. Family Entertainment Centre Gaming Machine (Permits) Regulations 2007 (February 2007)
2. Gaming Machines (Definitions) Regulations 2007 (July 2007)
3. Categories of Gaming Machine Regulations 2007 (July 2007)
4. Gaming Machine (Single Apparatus) Regulations 2007 (August 2007)
5. Gaming Machine (Supply etc) Regulations 2007 (August 2007)
6. Gaming Machine (Circumstances of Use) Regulations 2007 (August 2007)
7. Gambling Act 2005 (Gaming Machines in Bingo Premises) Order 2009 (February 2009)
8. Categories of Gaming Machine (Amendment) Regulations 2009 (June 2009)
9. Categories of Gaming Machine (Amendment) Regulations 2011
10. The Gambling Act 2005 (Gaming Machines in Adult Gaming Centres and Bingo Premises) Order 2011
11. The Categories of Gaming Machine (Amendment) Regulations 2014
12. Gaming Machine (Circumstances of Use) (Amendment) Regulations 2015 (SI 2015/121)

Inspection Regime

1. Inspection (Provision of Information) Regulations 2007 (February 2007)
2. Licensing (operating and personal)
   Personal Licences (Modification of Part 5 of the Gambling Act 2005) Regulations 2006 (December 2006)
3. Relevant Offences (Amendment) Order 2006 (December 2006)
4. Definition of Small-scale Operator Regulations 2006 (December 2006)
5. Operating Licence Conditions Regulations 2007 (August 2007)
6. Gambling Act 2005 (Operating Licence Conditions) (Amendment) Regulations 2010 (March 2010)

Lotteries

Lottery means and Includes :
(1)For the purposes of this Act an arrangement is a lottery, irrespective of how it is described, if it satisfies one of the descriptions of lottery in subsections (2) and (3).
(2)An arrangement is a simple lottery if—
(a)persons are required to pay in order to participate in the arrangement,
(b)in the course of the arrangement one or more prizes are allocated to one or more members of a class, and
(c)the prizes are allocated by a process which relies wholly on chance.
(3)An arrangement is a complex lottery if—
(a)persons are required to pay in order to participate in the arrangement,
(b)in the course of the arrangement one or more prizes are allocated to one or more members of a class,
(c)the prizes are allocated by a series of processes, and
(d)the first of those processes relies wholly on chance.
(4)In this Act “prize” in relation to lotteries includes any money, articles or services—
(a)whether or not described as a prize, and
(b)whether or not consisting wholly or partly of money paid, or articles or services provided, by the members of the class among whom the prize is allocated.
(5)A process which requires persons to exercise skill or judgment or to display knowledge shall be treated for the purposes of this section as relying wholly on chance if—
(a)the requirement cannot reasonably be expected to prevent a significant proportion of persons who participate in the arrangement of which the process forms part from receiving a prize, and
(b)the requirement cannot reasonably be expected to prevent a significant proportion of persons who wish to participate in that arrangement from doing so.
(6)Schedule 2 makes further provision about when an arrangement is to be or not to be treated for the purposes of this section as requiring persons to pay.
(7)The Secretary of State may by regulations provide that an arrangement of a specified kind is to be or not to be treated as a lottery for the purposes of this Act; and—
(a)the power in this subsection is not constrained by subsections (1) to (6) or Schedule 2, and
(b)regulations under this subsection may amend other provisions of this section or Schedule 2.

1. Incidental Non-Commercial Lotteries Regulations 2007 (July 2007)
2. Small Society Lotteries (Registration of Non-Commercial Societies) Regulations 2007 (August 2007)
3. Lottery Machine Interval Order 2007 (August 2007)
4. Variation of Monetary Limits Order 2009 (February 2009)

Premises licensing

Nature of licence
(1)A premises licence is a licence which states that it authorises premises to be used for—
(a)the operation of a casino (a “casino premises licence”),
(b)the provision of facilities for the playing of bingo (a “bingo premises licence”),
(c)making Category B gaming machines available for use (an “adult gaming centre premises licence”),
(d)making Category C gaming machines available for use (a “family entertainment centre premises licence”), or
(e)the provision of facilities for betting, whether by making or accepting bets, by acting as a betting intermediary or by providing other facilities for the making or accepting of bets (a “betting premises licence”).
(2)A casino premises licence is—
(a)a “regional casino premises licence” if it relates to a regional casino,
(b)a “large casino premises licence” if it relates to a large casino, and
(c)a “small casino premises licence” if it relates to a small casino.
(3)Neither a premises licence nor any provision of this Part disapplies or provides a defence to the offence under section 33.

1. Review of Premises Licences (Scotland) Amendment Regulations 2007 (December 2007)
2. Premises Licences (Review) (Amendment) Regulations 2007 (December 2007)
3. Temporary Use Notices Regulations 2007 (November 2007)
4. Review of Premises Licences (Scotland) Regulations 2007 (September 2007)
5. Premises Licences (Review) Regulations 2007 (August 2007)
6. Premises Licences and Provisional Statements (Amendment) (England and Wales) Regulations 2007 (June 2007)
7. Premises Licences and Provisional Statements (Scotland) Amendment Regulations 2007 (June 2007)
8. Mandatory and Default Conditions (England and Wales) Regulations 2007 (May 2007)
9. Exclusion of Children from Track Areas Order 2007 (May 2007)
10. Premises Licences and Provisional Statements (Scotland) Regulations 2007 (April 2007)
11. Mandatory and Default Conditions (Scotland) Regulations 2007 (March 2007)
12. Premises Licences and Provisional Statements Regulations 2007 (February 2007)
13. Proceedings of Licensing Committees and Sub-committees (Premises Licences and Provisional Statements) (England and Wales) Regulations 2007 (January 2007)
14. Miscellaneous regulations
15. Welsh Language (Gambling and Licensing Forms) Regulations 2010 (SI2010/2440)
16. Horserace Betting and Olympic Lottery Act 2004
17. Horserace Betting and Olympic Lottery Act 2004 (Appointed Day) Order 2011 (S1 2011/1703)
18. Horserace Betting and Olympic Lottery Act 2004 (Commencement No 1) Order 2004 (S1 2004/3283)
19. Horserace Betting and Olympic Lottery Act 2004 (Commencement No 2) Order 2005 (SI 2005/1134)
20. Horserace Betting and Olympic Lottery Act 2004 (Commencement No 3) Order 2005 (SI 2005/1831)
21. Horserace Betting and Olympic Lottery Act 2004 (Commencement No 4) Order 2011 (SI 2011/462)
22. Horserace Betting and Olympic Lottery Act 2004 (Commencement No 5) Order 2011 (SI 2011/1704)

Licencing and Regulator: The Gambling Commission

Establishment of the Commission

(1)There shall be a body corporate to be known as the Gambling Commission.

(2)Schedule 4 (which makes provision about the constitution and proceedings of the Commission) shall have effect.

Licensing authorities

(1)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 continued 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.[ Gambling Act 2005]

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