The promotion of gambling premises on the High Street

In the December, Local Authority Bulletin, the Commission said:

“The Gambling Commission has recently received an increase in the number of queries regarding the promotion of a local gambling premises on the High Street. That might be handing out leaflets to members of the public – for example, to promote and encourage participation in their premises.”

Pointing Licensing Authorities to section 46 of the Gambling Act, Invitation to gamble, the Commission continued:

“Whilst it is a matter for each LA to make a local decision, the Commission suggests that it is a decision LAs to consider carefully” pointing to section 46.

Quoting from the 2005 Act’s Explanatory Notes for sections 46 to 48:

“In broad terms, people aged under eighteen are not to be permitted to gamble. Therefore, it is an offence for a person to invite, cause or permit a person under eighteen to gamble. It is also to be an offence for the young person to gamble (those aged sixteen and seventeen). However, children (those not yet aged sixteen) do not commit an offence if they gamble.

“There are some exceptions to the general prohibition on gambling by children and young people. Children and young persons may participate in all forms of private or non-commercial gaming and betting. Young persons may participate in lotteries and pool betting on association football. Children and young persons may use the category of gaming machine with the lowest stakes and prizes (Category D). They may also take part in equal chance prize gaming at certain premises, as provided under Part 13 of the Act.

“The offence of inviting a child or young person to gamble is to include advertising and other actions that bring attention to the facilities available for gambling. A person may be liable to commit the offence where his or her name or contact details are included in the information provided to the child or young person, and that person is someone to whom payment may be made or from whom information about the gambling may be obtained. However, in such a case, the person has a defence if he can prove that the information was provided without his consent or authority. A further defence is also available in a case where information is brought to a child’s attention (as opposed to being sent to the child). In those circumstances, the person whose contact details appear in the information will have a defence if he can demonstrate that it was brought to the child’s attention incidentally to it being brought to the attention of adults.”