The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985

CHAPTER IN.I.GAMING ELSEWHERE THAN ON BINGO CLUB PREMISES

Gaming to which Chapter I appliesN.I.

54.  This Chapter applies to all gaming other than—

(a)gaming on bingo club premises;

(b)gaming by means of a gaming machine;

(c)gaming at entertainments to which Article 126 applies;

(d)gaming which constitutes the provision of amusements with prizes as mentioned in Article 153 or 154.

Prohibition of certain gamingN.I.

55.—(1) Subject to paragraph (2), no gaming shall take place where any one or more than one of the following conditions is fulfilled—

(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 2 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) Paragraph (1) shall not apply to—

(a)gaming which takes place on a domestic occasion in premises used only as a private residence;

(b)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.

No charge for taking part in gamingN.I.

56.—(1) Subject to Article 128 and the following provisions of this Article, no gaming to which this Chapter 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 paragraph (3), any admission charge shall, unless the contrary is proved, be taken to be a charge made as mentioned in paragraph (1).

(3) For the purposes of this Article 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 paragraph (1); but this paragraph shall not apply—

(a)in relation 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

(b)in relation to an entrance subscription, unless it is shown that the payment is not made in respect of temporary membership of the club.

(4) Regulations may—

(a)require the officers of a club to make, and to retain during such period, such records and accounts with respect to gaming on the club premises as may be prescribed by the regulations;

(b)require the disclosure to club members, and the display in the club premises, of such accounts in such manner and at such intervals as may be prescribed by the regulations.

No levy on stakes or winningsN.I.

57.  Without prejudice to the generality of Article 56, no gaming to which this Chapter 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.

Prohibition of gaming in streets and public placesN.I.

58.—(1) Any person taking part in gaming to which this Chapter applies in a street or public place shall be guilty of an offence.

(2) A constable may arrest without warrant any person found committing an offence under this Article and may seize and detain any books, cards, papers and other articles relating to gaming which may be found in his possession.

(3) In this Article “street” has the meaning assigned to it by Article 5(3)(a) and (b).

Offences relating to gamingN.I.

59.—(1) If any gaming to which this Chapter applies takes place in contravention of any of the provisions of Articles 55 to 57, every person concerned in the organisation or management of the gaming shall be guilty of an offence.

(2) For the purposes of paragraph (1) any person who takes part in procuring the assembly of the players shall be taken to be concerned in the organisation of the gaming.

(3) Without prejudice to paragraphs (1) and (2), where any gaming to which this Chapter applies takes place on any premises, or in any vessel or vehicle, in contravention of any of the provisions of Articles 55 to 57, any person who, knowing or having reasonable cause to suspect that the premises, vessel or vehicle would be used for gaming in contravention of any of those provisions,—

(a)allowed the premises, vessel or vehicle to be used for the purpose of the gaming, or

(b)let, or let on hire, the premises, vessel or vehicle, or otherwise made the premises, vessel or vehicle available, to any person by whom an offence under paragraph (1) is committed in connection with the gaming,

shall be guilty of an offence.