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BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - LONG TITLE

An Act to provide for the regulation of bookmakers and bookmaking
offices; to make provision with respect to totalisators on horse
racecourses; to amend the law with respect to lotteries and certain
prize competitions; to permit ready money pool betting in certain
circumstances; to abolish football betting duty; and for purposes
connected with the matters aforesaid or any of them.
[29th July 1957]
PART I

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 1

1.(1) A person shall not carry on business or act as a bookmaker
or hold himself out or represent himself to be a bookmaker unless
he holds a valid and subsisting licence (in this Part referred to
as "a bookmaker's licence") issued to him under section four
permitting him to carry on the business of a bookmaker and any
person who holds a bookmaker's licence is in this Part referred to
as "a licensed bookmaker".

(2) A person who acts in contravention of sub-section (1) shall be
guilty of an offence and shall be liable on summary conviction for
a first offence to a fine of not less than one hundred pounds nor
more than five hundred pounds and for a second or subsequent
offence to such fine and to imprisonment for a term not exceeding
three months.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 2
Certificate of character.

2.(1) Any individual who desires to obtain a bookmaker's licence may
apply in accordance with this section to a court of summary
jurisdiction for a certificate (in this Part referred to as "a
certificate of character") that he is a fit and proper person to
hold a bookmaker's licence.

(2) Notice of an application under sub-section (1) shall be given
to such persons (including officers of the Royal Ulster Constabulary)
as may be prescribed by summary jurisdiction rules and the persons
so prescribed shall be entitled to appear and oppose such
application.

(3) Without prejudice to sub-section (2) of section forty-two of the
Interpretation Act (Northern Ireland), 1954, where an individual
intends to carry on business as a bookmaker in any premises he may
apply for a certificate of character to a court of summary
jurisdiction acting for the petty sessions district in which such
premises are situate notwithstanding the fact that such person does
not ordinarily reside in that district.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 3
Refusal of application for certificate.

3.(1) An application for a certificate of character may be refused
if it appears to the court that

(a)the applicant has been previously convicted of an offence under
this Part;

(b)a bookmaker's licence held by the applicant under this Part has
been revoked by an order made by the court under sub-section (2)
of section eleven;

(c)notices have not been given as required by sub-section (2) of
section two;

(d)a bookmaker's licence held by the applicant under this Part has
been revoked by an order made by the court under sub-section (1)
of section eleven;

(e)the applicant is, by reason of his general character or his
known habits or his financial circumstances or otherwise, not a fit
person to hold a bookmaker's licence;

(f)the applicant is under twenty-one years of age;

(g)the applicant does not ordinarily reside in Northern Ireland;

(h)the applicant has ordinarily resided in the United Kingdom for
less than five years before making the application;

(i)the applicant is the holder of a licence for the sale of
intoxicating liquor; or

Para.(j) rep. by 1974 c.39 s.192 sch.5 Pt.II

(2) An application for a certificate of character made by an
individual, to whom a bookmaker's licence has been issued under the
Betting Act, 1931, passed by the legislature of the Republic of
Ireland, shall not be refused on any of the grounds specified in
paragraphs (g) to (j) of sub-section (1), so, however, that an
individual to whom a certificate of character has been granted on
an application, which would, but for this sub-section, have been
refused, shall not be regarded as a licensed bookmaker or a holder
of a certificate of character for the purposes of paragraph (a) of
sub-section (1) of section seven.

(3) A person aggrieved by the decision of the court may appeal
against such decision to a court of quarter sessions in the manner
provided by Part VI of the Summary Jurisdiction and Criminal Justice
Act (Northern Ireland), 1935, and any decision of such court of
quarter sessions shall be final.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 4
Issue and operation of bookmakers' licences.

4.(1) Any individual to whom

[(a)]a certificate of character has been granted [; and

(b)who, except in the case of an individual who intends to apply
under section 8 for the issue of a bookmaking office licence, has
paid, in relation to his application under this section, the charge
mentioned in Article 11(1)(a) of the Horse Racing and Betting
(Northern Ireland) Order 1976,]

(2) On delivery of such application and on payment to the Ministry
of Finance by the applicant of the excise duty specified in
sub-section (5), the Ministry of Finance shall issue to the
applicant a bookmaker's licence.

(3) A bookmaker's licence shall, unless earlier revoked by an order
made by the court under section eleven, be in force from the date
on which it is issued until the [end of 30th September next after
the date on which it is expressed to take effect].

(4) A bookmaker's licence issued under the foregoing provisions of
this Part shall entitle the holder of the licence to carry on the
business of bookmaking only at a horse or dog racecourse meeting or
at a recognised point to point or coursing meeting.

(5) [Subject to sub-section (6),] there shall be charged, levied and
paid to the Ministry of Finance on every bookmaker's licence issued
under this Part an excise duty of [one pound].

[(6) Where a bookmaker's licence is issued under this Part

(a)in respect of the licence year ending on 30th September 1977 to
an individual who has not held a similar licence for the period of
nine months ending on 30th September 1976; or

(b)in respect of any subsequent licence year to an individual who
has not held a similar licence within the twelve months immediately
preceding the date of issue;

(7) In sub-section (6) "licence year" has the meaning assigned to
it by Article 2(2) of the Horse Racing and Betting (Northern
Ireland) Order 1976.]

Prohibition of using premises without licence.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 5

5.(1) A licensed bookmaker shall not carry on or represent himself
as carrying on business as a bookmaker in any premises unless he
holds a valid and subsisting licence (in this Part referred to as
"a bookmaking office licence") issued to him under section eight
permitting him to carry on that business in those premises.

(2) The Betting Act, 1853, shall not apply to any premises in
respect of which a bookmaking office licence is for the time being
in force (which premises are in this Part referred to as "a
licensed office").

(3) A person who acts in contravention of sub-section (1) shall be
guilty of an offence [and shall be liable on summary conviction for
a first offence to a fine of not less than one hundred pounds nor
more than five hundred pounds and for a second or subsequent
offence to such fine and to imprisonment for a term not exceeding
three months].

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 6
Certificate of suitability.

6.(1) Any individual who desires to obtain a bookmaking office
licence may apply in accordance with this section to a court of
summary jurisdiction for a certificate (in this Part referred to as
"a certificate of suitability") that the premises in which he
intends to carry on business as a bookmaker are suitable for the
purpose.

(2) Notice of an application under sub-section (1) shall be given
to such persons (including officers of the Royal Ulster Constabulary)
as may be prescribed by summary jurisdiction rules and the persons
so prescribed shall be entitled to appear and oppose such
application.

(3) Not less than twenty-one days nor more than forty days before
the date of making such application the applicant shall cause to be
inserted in at least two newspapers circulating in the area in
which the premises referred to in sub-section (1) are situate a
notice of his intention to apply for a certificate of suitability
and any local government elector residing in the electoral division
in which such premises are situate shall be entitled to appear and
oppose such application.

Subs.(4) spent

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 7
Grounds for refusal of certificate of suitability of premises.

7.(1) Subject to sub-section (2), an application for a certificate
of suitability of any premises shall be refused if it appears to
the court that

(a)the applicant is neither a licensed bookmaker nor a holder of a
certificate of character;

(b)the applicant is the holder of certificates of suitability in
respect of six other separate sets of premises;

(c)notices have not been given or published as required by
sub-sections (2) and (3) of section six;

(d)the applicant does not own the premises either in fee simple or
for a term of years of which at least twenty-one are unexpired at
the date of the application;

(e)the premises are in close proximity to a place of worship, a
religious institution, a school, or premises habitually used by
members of a youth organisation;

(f)the premises are a dwelling-house;

(g)the premises are in close proximity to premises known to be
resorted to habitually by persons of known bad character;

(h)there is already an adequate number of licensed offices in the
locality in which the premises, to which the application relates,
are situate and for this purpose an adequate number in any locality
shall, unless the court is satisfied that there are special
circumstances, be the maximum number of licensed offices in that
locality in respect of which certificates of suitability have at any
time been granted under section six as limited by sub-section (4)
of that section;

(i)the premises form part of premises licensed for the sale of
intoxicating liquor;

(j)the net annual value of the premises is, where the premises are
situate in the County Borough of Belfast, less than [two hundred
and fifty pounds], and where the premises are situate elsewhere,
less than [two hundred pounds];

(k)the premises communicate internally with other premises;

Subs.(2)(3) spent

(4) Before granting a certificate of suitability of any premises not
used before the commencement of this Part as bookmaking offices the
court shall take into account any representations which may by made
to it by or on behalf of persons residing in the vicinity of the
premises in respect of which the certificate is sought, and, if it
appears to the court that by reason of such representations it is
undesirable that such certificate should be granted, the court may
refuse to grant the certificate.

(5) A person aggrieved by the decision of the court may appeal
against such decision to a court of quarter sessions in the manner
provided by Part VI of the Summary Jurisdiction and Criminal Justice
Act (Northern Ireland), 1935, and the decision of such court of
quarter sessions shall be final.

(6) Where an individual desires to obtain a certificate of
suitability of premises which are not separately valued under the
Valuation Acts he may apply to the Commissioner of Valuation for a
certificate certifying the net annual value which would have been
placed on such premises if such premises had been separately valued
as aforesaid and the amount so certified shall be taken to be the
net annual value of the premises for the purposes of this section.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 8
Issue and duration of bookmaking office licence.

8.(1) Any licensed bookmaker to whom

[(a)]a certificate of suitability has been granted in respect of any
premises [; and

(b)who has paid, in relation to his application under this section,
the charge mentioned in Article 11(1)(b) of the Horse Racing and
Betting (Northern Ireland) Order 1976,]

(2) On delivery of such application and on payment to the Ministry
of Finance by the applicant of the excise duty specified in
sub-section (4), the Ministry of Finance shall issue to the
applicant a bookmaking office licence in respect of such premises.

(3) A bookmaking office licence shall, unless earlier revoked by an
order made by the court under section eleven, be in force from the
date on which it is issued until the [end of 30th September next
after the date on which it is expressed to take effect].

(4) There shall be charged, levied and paid to the Ministry of
Finance on every bookmaking office licence issued under this Part an
excise duty of [one pound] ....

Application of certain provisions of the Act of 1972.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 9

9.(1) For the purposes of this Part the provisions of Parts I, II,
VIII and IX of the Miscellaneous Transferred Excise Duties Act
[(Northern Ireland) 1972] (in this Act referred to as "the [Act of
1972]"), shall, with the modifications thereof specified in
sub-sections (2) and (3), apply in relation to bookmakers' licences
and bookmaking office licences and the respective duties payable
thereon in like manner as the said provisions apply in relation to
transferred excise licences and transferred excise duties within the
meaning of the [Act of 1972].

(2) The provisions of the [Act of 1972] specified in sub-section
(1) shall in their application for the purposes of this Part have
effect as if

(a)references therein to

(i)transferred excise licences included references to bookmakers'
licences and bookmaking office licences;

(ii)transferred excise duties included references to the duties
payable on the licences specified in sub-paragraph (i);

<(iii)an authorised officer were construed as references to a member of the Royal Ulster Constabulary only;

<(iv)the Ministry of Finance in Part VIII of the [Act of 1972] included references to the Ministry of Home Affairs;

(v)the [Act of 1972] included references to this Part;

Para.(b) rep. by 1972 c.11 (NI) s.76(1) sch.5

(c)sections four to seven of the [Act of 1972] were omitted
therefrom and as if for sub-section (4) of section nine of the
[[Act of 1972] there were substituted the following sub-section:

"(4) A transferred excise licence shall not be issued to a
corporate body".

(3) Where a licensed bookmaker or a holder of a bookmaking office
licence dies, sub-section (1) of section eleven of the [Act of
1972] shall not operate to authorise the Ministry of Finance to
transfer his bookmaker's licence or bookmaking office licence other
than to his personal representative, or to a person nominated in
writing by such personal representative, for the remainder of the
period for which the licence was issued or for a period of three
months from the date of death, whichever period shall first expire,
so, however, that where a licence is transferred for a period which
expires before the end of the period for which the licence was
issued, the Ministry of Finance may repay such part of the
appropriate excise duty as it may think proper having regard to the
effect of this sub-section in relation to the duration of the
licence.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 10
Endorsement of bookmakers' licences.

10.(1) Where a licensed bookmaker is convicted of an offence under
this Part the court before which he is convicted may order that
particulars of the conviction be endorsed on his bookmaker's licence.

(2) Where an order is made under sub-section (1), the licensed
bookmaker shall produce his bookmaker's licence within five days
after the making of the order to the appropriate clerk of the
court for the purpose of endorsement and if he fails to do so he
shall be guilty of an offence.

(3) If the bookmaker's licence is not produced for the purpose of
endorsement in accordance with sub-section (2), it shall be and
remain void and of no effect after the expiration of five days
from the making of the order until it is produced for the purpose
of endorsement.

(4) On the issue of a new bookmaker's licence the particulars
endorsed on any previous licence held by the applicant shall be
copied on to the new licence and for that purpose the previous
licence shall be submitted to the Ministry of Finance on the
application for the new licence.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 11
Revocation of licences.

11.(1) Where a licensed bookmaker, who holds a bookmaker's licence
on which particulars of two convictions are endorsed under the
provisions of section ten, is convicted of any other offence and
the court before which he is convicted considers that particulars of
the conviction for that other offence should be endorsed on his
bookmaker's licence, the court shall, instead of ordering endorsement,
revoke such licence and any bookmaking office licence held by the
licensed bookmaker.

(2) Where a licensed bookmaker is convicted of any offence, whether
at common law or under this or any other Act, and the court
before which he is convicted considers that such offence was of
such nature or character or was committed in such circumstances that
the commission thereof showed that he was not a fit person to
continue to be a licensed bookmaker, the court may revoke his
bookmaker's licence and where a bookmaker's licence is so revoked
any bookmaking office licence held by the licensed bookmaker shall
also be revoked by the court.

(3) Where the holder of a bookmaking office licence is convicted of
any offence, whether at common law or under this or any other Act
and the court before which he is convicted considers that such
offence was of such nature or character or was committed in such
circumstances that the commission thereof showed that, although he
might be a fit person to continue to hold a bookmaker's licence,
he was nevertheless not a fit person to operate a licensed office,
the court may revoke his bookmaking office licence without revoking
his bookmaker's licence.

(4) Where any licence is revoked under this section

(a)the court shall communicate the fact of such revocation to the
Ministry of Finance;

(b)the holder of such licence shall within seven days after such
revocation deliver the licence to the Ministry of Finance and the
Ministry of Finance shall thereupon cancel the licence; and

(c)the holder of the licence shall be guilty of an offence if he
fails to deliver the licence in accordance with paragraph (b).

(5) A person whose bookmaking licence or bookmaking office licence
is revoked by virtue of a conviction or order of a court of
summary jurisdiction may appeal against the revocation in like manner
as if it were an order made against him for the payment of a
penal or other sum and the court may order the operation of the
revocation to be suspended pending the appeal and, where the court
orders such suspension, the provisions of sub-section (4) shall not
have effect until the expiration of the period of suspension.

Closing of licensed offices on certain days.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 12

12.(1) A licensed office shall not be opened or kept open for the
transaction of business at any time on any Sunday, Christmas Day or
Good Friday.

(2) Any person who opens or keeps open or permits any other person
to open or keep open any licensed office in contravention of
sub-section (1) shall be guilty of an offence.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 13
Other restrictions on use of licensed offices.

13.(1) A person shall not

(a) carry on or permit to be carried on in a licensed office any
trade, profession or business whatsoever except the business of
bookmaking which for this purpose shall not include any business the
carrying on of which involves or may involve any sums becoming
payable by him by way of pool betting duty under [Part III of the
Act of 1972];

(b)set up or maintain in or outside a licensed office any
attraction which causes or encourages or is likely to cause or
encourage persons to congregate in or outside that office;

(c)permit overcrowding or loitering in a licensed office;

(d)use any wireless receiver or other apparatus for the purpose of
broadcasting, televising or relaying, so as to be audible or visible
inside the part of a licensed office to which members of the
public have access or outside a licensed office, the running of any
race;

(e)proclaim or announce or permit any other person to proclaim or
announce in a licensed office the terms or odds on or at which he
is willing to take bets in respect of any particular race, match,
or other contest, or in respect of any competitor in any such
contest;

(f)exhibit or permit to be exhibited in or outside a licensed
office so as to be seen from the street any list or statement of
the terms or odds on or at which he is willing to take bets in
respect of any particular race, match, or other contest, or in
respect of any competitor in any such contest or any list or
statement of the competitors entered for or withdrawn from or taking
part in or likely to take part in any such contest, or any
statement of fact or any forecast in respect of any such contest,
or any other incitement or inducement to bet;

(g)employ a person under the age of eighteen in or about a
licensed office;

(h)employ any person in or about a licensed office whose application
for a certificate of character has been refused by any court.

(2) Any person who acts in contravention of sub-section (1) shall
be guilty of an offence.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 14
Employment of agents.

14. A person who, in connection with the business carried on in a
licensed office, employs any other person directly or indirectly as
his agent or collector of bets at any place other than that office
shall be guilty of an offence.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 15
Prohibition of advertising.

15.(1) A person who, in connection with the business carried on in
a licensed office, publishes or causes to be published any
advertisement or permits any person to publish any advertisement in
a newspaper or otherwise shall be guilty of an offence.

(2) Notwithstanding the provisions of sub-section (1) an advertisement
in connection with the business carried on in a licensed office may
be published in any programme, race-card or other written list
issued by the organizers of any horse or dog race meeting, or of
any recognised point to point or coursing meeting for the purpose
of informing persons attending such meeting about the races run
thereat.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 16
Prohibition of bets under five new pence.

16.(1) A licensed bookmaker who makes, takes, or enters into a bet
of a lesser amount than [5p] shall be guilty of an offence.

(2) For the purposes of this section the amount of a bet shall be
taken to be the sum of money which by the terms of the bet the
licensed bookmaker would be entitled to receive, retain, or take
credit for if the event which is the subject of the bet is
determined in his favour.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 17
Persons under the age of eighteen.

17.(1) Any person who makes a bet or engages in a betting
transaction with a person under the age of eighteen whether such
person is acting on his own behalf or as agent for another person
shall be guilty of an offence.

(2) Where a person is charged with having committed an offence
under this section it shall be a good defence for him to prove
that he believed and had reasonable cause for believing that the
person in respect of whom such offence is alleged to have been
committed was of or over the age of eighteen.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 18
Powers of entry and investigation.

18.(1) Any member of the Royal Ulster Constabulary may for the
purpose of preventing or detecting the violation of any of the
provisions of this Act enter any licensed office at any time during
which such office is, or is suspected by such member of being,
open or used for the transaction of any business, and may there
make such searches and investigations as such member thinks proper
and may ask of any person found therein such reasonable questions
in relation to the licensed office and the business carried on
therein as such member thinks proper.

(2) Any person who

(a)obstructs or impedes any member of the Royal Ulster Constabulary
in the exercise of any of the powers conferred on such member by
this section; or

(b)fails or refuses to answer to the best of his knowledge and
ability any question asked of him by any such member in exercise
of a power in that behalf conferred by this section; or

(c)gives an answer to any such question which is to his knowledge
false or misleading;

(3) Any member of the Royal Ulster Constabulary may arrest without
warrant any person who does in his presence any act the doing of
which is declared by this section to be an offence and who refuses
to give his name and address.

Penalties for offences.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 19

19. A person convicted of any offence under this Part shall, unless
a special punishment for that offence is provided under this Part,
be liable on summary conviction

(a)in the case of a first conviction for such an offence to a
fine of not less than twenty-five pounds nor more than one hundred
pounds;

(b)in the case of a second conviction for such an offence to a
fine of not less than fifty pounds nor more than two hundred
pounds; and

(c)in the case of a third or subsequent conviction for such an
offence to a fine of not less than one hundred pounds nor more
than five hundred pounds or to imprisonment for a term not
exceeding six months or to both such fine and such imprisonment.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 20
Interpretation of Part I.

20. In this Part the expression

"bookmaker" means any person who whether on his own account or as
servant or agent of any other person, carries on, whether
occasionally or regularly, the business of receiving or negotiating
bets, or who in any manner holds himself out, or permits himself
to be held out in any manner, as a person carrying on such
business, and the expression "bookmaking" shall be construed
accordingly; so, however, that a person shall not be deemed to be
a bookmaker by reason only of the fact that

(a)he is, or is employed by, or is an agent or collector for, a
person carrying on business as a registered pool promoter within the
meaning of the Pool Betting Act, 1954; or

(b)he is, or is employed by, or is an agent or collector for, a
person carrying on any business the carrying on of which involves
or may involve any sums becoming payable by that person by way of
pool betting duty under [Part III of the Act of 1972]; or

(c)he operates, or is employed in operating, a licensed totalisator;
or

(d)he is employed in a licensed office as the servant or agent of
a licensed bookmaker;

"bookmaker's licence" has the meaning assigned to it by section one;

"bookmaking office licence" has the meaning assigned to it by
section five;

"certificate of character" has the meaning assigned to it by section
two;

"certificate of suitability" has the meaning assigned to it by
section six;

"licensed bookmaker" has the meaning assigned to it by section one;

"licensed office" has the meaning assigned to it by section five.

Totalisators.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 21

21.(1) Subject to the provisions of this section, the Ministy of
Finance, ..., may grant to the occupier of an approved horse
racecourse a licence (in this Act referred to as "a totalisator
licence"), and while such licence remains in force it shall be
lawful, notwithstanding any enactment or rule of law to the contrary

(a)for that occupier or any person authorised by him in writing

(i)to set up and keep a totalisator (in this Act referred to as
"a licensed totalisator") whether in a building or not; and

(ii)during such hours as the public are admitted to the horse
racecourse for the purposes of attending horse races lawfully held
thereon and while no other sporting events are taking place thereon,
to operate and work, in accordance with and subject to any
regulations made by the Ministry of Home Affairs under sub-section
(5), the licensed totalisator for the purpose of effecting with
persons then resorting to that racecourse betting transactions on the
races run on that racecourse during those hours but not for any
other purpose; and

(b)for any person then resorting to the racecourse to effect betting
transactions on such races by means of the licensed totalisator.

(2) Subject to the provisions of section twenty-two a totalisator
licence shall remain in force for a period of twelve months from
the date on which it is granted but the Ministry of Finance, ...,
may grant further licences from time to time.

(3) There shall be charged, levied and paid on every totalisator
licence an excise licence duty of twenty-five pounds and the
provisions of [the Act of 1972] shall have effect as if such
licence and duty were, respectively, a transferred excise licence and
a transferred excise duty within the meaning of that Act.

(4) Notwithstanding anything to the contrary contained in [sections
18 to 20 of the Act of 1972] with respect to the excise duty
known as pool betting duty no such duty shall be chargeable on any
bet made by means of a licensed totalisator on an approved horse
racecourse.

(5) The Ministry of Home Affairs may make regulations containing
such provisions as appear to that Ministry to be necessary for the
purposes of securing

(a)that persons making successful bets on any race or races by
means of a licensed totalisator receive such minimum proportion of
the whole amount staked on the race or races as may be prescribed
by the regulations; and

(b)that the provisions of this section and of any regulations made
thereunder are duly complied with in all respects.

(6) Any person who acts in contravention of any regulation made
under sub-section (5) shall be guilty of an offence and shall be
liable on summary conviction to a fine not exceeding one hundred
pounds.

(7) The occupier of an approved horse racecourse

(a)shall not, so long as a licensed totalisator is being lawfully
operated on the racecourse, exclude any person who is a licensed
bookmaker within the meaning of Part I from the racecourse by
reason only that such person proposes to carry on bookmaking on the
racecourse; and

(b)shall take such steps as are necessary to secure that, so long
as a licensed totalisator is being lawfully operated on the
racecourse, there is available for any such person on reasonable
terms space on the racecourse where he can conveniently carry on
bookmaking in connection with races then being run on the
racecourse;

(8) Regulations made under sub-section (5) shall be subject to
negative resolution.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 22
Revocation of totalisator licence.

22.(1) The Ministry of Finance, ..., may at any time, after giving
to the holder of the totalisator licence an opportunity of being
heard, revoke a totalisator licence if

(a)the Ministry of Home Affairs is satisfied that there has been a
breach or contravention of any of the conditions to which the
totalisator licence is subject or that the approved horse racecourse
in respect of which the totalisator licence has been granted has
been conducted in a disorderly manner or so as to cause a
nuisance; or

(b)the Ministry of Home Affairs is satisfied that the licensed
totalisator has been maintained or operated otherwise than in
accordance with the provisions of section twenty-one or of any
regulation made thereunder; or

(c)the holder of the totalisator licence, or any director, general
manager, secretary or other similar officer thereof is convicted of
any offence under section twenty-one or under the regulations made
thereunder or of any offence involving fraud or dishonesty;

(2) The holder of a totalisator licence which has been revoked
under sub-section (1) may appeal against such revocation to a court
of summary jurisdiction and an appeal shall lie, in the manner
provided by Part VI of the Summary Jurisdiction and Criminal Justice
Act (Northern Ireland), 1935, to a court of quarter sessions against
any order made by that court of summary jurisdiction so however
that the decision of such court of quarter sessions shall be final.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 23
Interpretation of Part II.

23. In this Part the expression "approved horse racecourse" means a
horse racecourse occupied by a body corporate which satisfies the
Ministry of Home Affairs that it

(a)is not conducted for purposes of private gain;

(b)will receive the whole of the amount by which the gross profits
to be derived from the operation of any licensed totalisator set up
on the racecourse will exceed the amount of the expenses reasonably
and properly incurred in earning those profits;

(c)is required by the terms of its incorporation to devote a
substantial proportion of its profits to improving the breed of
horses in Northern Ireland; and

(d)devotes a substantial proportion of its profits to that purpose.

Illegality of lotteries.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 24

24. Subject to the provisions of this Part all lotteries are
unlawful.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 25
Offences in connection with lotteries.

25.(1) Subject to the provisions of this section, every person who
in connection with any lottery promoted or proposed to be promoted
either in Northern Ireland or elsewhere

(a)makes, prints, advertises or publishes any tickets for use in the
lottery or any proposal, scheme or plan relating to the lottery; or

(b)sells, barters, exchanges or otherwise disposes of, or distributes,
or offers or advertises for sale or distribution, or has in his
possession for the purpose of sale or distribution, any tickets or
chances in the lottery; or

(c)prints, publishes or distributes, or has in his possession for
the purpose of publication or distribution

(i)any advertisement of the lottery; or

(ii)any list (whether complete or not) of prize winners or winning
tickets in the lottery; or

<(iii)any such matter descriptive of the drawing or intended drawing of the lottery or otherwise relating to the lottery, as is calculated to act as an inducement to persons to participate in that lottery or in other lotteries; or

(d)brings, or invites any person to send, into Northern Ireland for
the purpose of sale or distribution any ticket in, or advertisement
of, the lottery; or

(e)conducts or manages any scheme, contrivance or operation of any
kind for the purpose of determining who, or the holders of what
lots, tickets, numbers or chances, are the winners of any property
proposed to be advanced, loaned, given, sold or disposed of by the
lottery; or

(f)sends or attempts to send out of Northern Ireland any money or
valuable thing received in respect of the sale or distribution, or
any document recording the sale or distribution, or the identity of
the holder, of any ticket or chance in the lottery; or

(g)uses any premises, or causes or knowingly permits any premises to
be used, for purposes connected with the promotion or conduct of
the lottery; or

(h)causes, procures or attempts to procure any person to do any of
the above mentioned acts,

(2) In any proceedings instituted under sub-section (1) it shall be
a defence to prove that the lottery to which the proceedings relate
was such a lottery as is declared by any subsequent section of
this Part not to be an unlawful lottery, and that at the date of
the alleged offence the defendant believed, and had reasonable ground
for believing, that none of the conditions required by that section
to be observed in connection with the promotion and conduct of the
lottery had been broken.

(3) Proceedings under sub-paragraph (iii) of paragraph (c) of
sub-section (1) in respect of any matter published in a newspaper
shall not be instituted except by, or by direction of, the Attorney
General.

(4) This section shall not apply to

(a)the recalling by drawing of lots of any bonds, debentures,
shares, stocks or other securities, upon the redemption thereof
whether with or without interest or payment of premium or otherwise;

(b)the division by lot or chance of any estate in land or any
movable property amongst the joint tenants or tenants in common
thereof, or amongst other persons having joint interests therein;

(c)the distribution by lot of premiums given as rewards to promote
thrift by regularity in making periodical deposits of weekly or
monthly savings in [the National Savings Bank] or in any Trustee
Savings Bank or in the purchase of Ulster Savings Certificates or
National Savings Certificates out of such savings at periodic
intervals; or

(d)the use of chance to select for special benefits particular
securities issued under the National Loans Act, 1939, if the terms
of the issue provide that the amount subscribed is to be repayable
in full in the case of all the securities.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 26
Exemption of small lotteries incidental to certain entertainments.

26.(1) A lottery promoted as an incident of an entertainment to
which this section applies shall be deemed not to be an unlawful
lottery, but the conditions specified in sub-section (2) shall be
observed in connection with the promotion and conduct of the
lottery, and if any of those conditions is broken, every person
concerned in the promotion or conduct of the lottery shall be
guilty of an offence unless he proves that the offence was
committed without his knowledge.

(2) The conditions referred to in sub-section (1) are that

(a)the whole proceeds of the entertainment (including the proceeds of
the lottery) after deducting

(i)the expenses of the entertainment, excluding expenses incurred in
connection with the lottery; and

(ii)the expenses incurred in printing tickets in the lottery; and

<(iii)such sum, if any, not exceeding ten pounds as the promoters of the lottery think fit to appropriate on account of any expense incurred by them in purchasing prizes in the lottery,

(a)shall be devoted to purposes other than private gain;

(b)none of the prizes in the lottery shall be money prizes; and

(c)the facilities afforded for participating in lotteries shall not
be the only, or the only substantial, inducement to persons to
attend the entertainment.

(3) The entertainments to which this section applies are bazaars,
sales of work, fe8tes and other entertainments of a similar
character, whether limited to one day or extending over two or more
days.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 27
Exemption of private lotteries.

27.(1) In this section, the expression "private lottery" means a
lottery in Northern Ireland which is promoted for, and in which the
sale of tickets or chances by the promoters is confined to, either

(a)members of one society established and conducted for purposes not
connected with gaming, wagering or lotteries; or

(b)persons all of whom work on the same premises; or

(c)persons all of whom reside on the same premises,

For the purposes of this section, the expression "society" includes
a club, institution, organisation or other association of persons by
whatever name called, and each local or affiliated branch or section
of a society shall be regarded as a separate and distinct society.

(2) A private lottery shall be deemed not to be an unlawful
lottery, but the following conditions shall be observed in connection
with the promotion and conduct of the lottery, that is to say:

(a)the whole proceeds, after deducting sums lawfully appropriated on
account of expenses, shall be devoted to the provision of prizes
for purchasers of tickets or chances, or, in the case of a lottery
promoted for the members of a society, shall be devoted either to
the provision of prizes as aforesaid or to purposes which are
purposes of the society or, as to part, to the provision of prizes
as aforesaid and, as to the remainder, to such purposes as
aforesaid;

(b)the amount of the proceeds appropriated on account of expenses
shall not exceed the expenses actually incurred or ten per cent. of
the whole proceeds, whichever is the less;

(c)the amount or value of any prize shall not exceed one hundred
pounds and the total value or amount of all the prizes shall not
exceed two hundred pounds, or one-half of the balance of the whole
proceeds after deducting sums lawfully appropriated on account of
expenses, whichever is the less;

(d)there shall not be exhibited, published or distributed any written
notice or advertisement of the lottery other than

(i)a notice thereof exhibited on the premises of the society for
whose members it is promoted or, as the case may be, on the
premises on which the persons for whom it is promoted work or
reside; and

(ii)such announcement or advertisement thereof as is contained in the
tickets, if any;

(e)the price of every ticket or chance shall be the same, and the
price of any ticket shall be stated on the ticket;

(f)every ticket shall bear upon the face of it the name and
address of each of the promoters and a statement of the persons to
whom the sale of tickets or chances by the promoters is restricted,
and a statement that no prize won in the lottery shall be paid or
delivered by the promoters to any person other than the person to
whom the winning ticket or chance was sold by them, and no prize
shall be paid or delivered except in accordance with that statement;

(g)no ticket or chance shall be issued or allotted by the promoters
except by way of sale and upon receipt of the full price thereof,
and no money or valuable thing so received by a promoter shall in
any circumstances be returned; and

(h)no tickets in the lottery shall be sent through the post to a
person not being a member of the society.

(3) If any of the conditions specified in sub-section (2) is
broken, each of the promoters of the lottery, and where the person
by whom the condition is broken is not one of the promoters, that
person also, shall be guilty of an offence:

Provided that it shall be a defence for a person charged only by
reason of his being a promoter of the lottery to prove that the
offence was committed without his knowledge.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 28
Restriction on certain prize competitions.

28.(1) Save as provided by sub-section (2) it shall be unlawful to
conduct in or through any newspaper, or in connection with any
trade or business or the sale of any article to the public

(a)any competition in which prizes are offered for forecasts of the
result either of a future event, or of a past event the result of
which is not yet ascertained or not yet generally known;

(b)any other competition success in which does not depend to a
substantial degree upon the exercise of skill.

(2) So much of sub-section (1) as relates to the conducting of
competitions in connection with a trade or business shall not apply
in relation to pari-mutuel or pool betting operations lawfully
carried on by a person if that person's trade or business is the
carrying on of such operations.

(3) Any person who contravenes the provisions of this section shall
be guilty of an offence, without prejudice, however, to his
liability, if any, to be proceeded against under the preceding
provisions of this Part relating to lotteries.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 29
Power to issue search warrant.

29. Any justice of the peace, if satisfied by information on oath
that there is reasonable ground to suspect that any premises are
being used for the purpose of the commission of an offence under
this Part in connection with a lottery or proposed lottery, may
grant a warrant under his hand authorising any member of the Royal
Ulster Constabulary at any time or times within one month from the
date thereof to enter, if necessary by force, the said premises and
every part thereof, and to search for and seize and remove any
documents, money or valuable thing found therein which he has
reasonable ground to suppose are on those premises for any purpose
which constitutes an infringement of any provision of this Part
relating to lotteries.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 30
Penalties for offences under this Part and forfeitures.

30.(1) A person guilty of an offence under this Part shall be
liable

(a)on summary conviction, to a fine not exceeding one hundred
pounds, and in the case of a second or any subsequent conviction
for an offence under the same section, to imprisonment for a term
not exceeding three months or to a fine not exceeding two hundred
pounds or to both such imprisonment and such fine; or

(b)on conviction on indictment, to a fine not exceeding five hundred
pounds, and in the case of a second or any subsequent conviction
for an offence under the same section, to imprisonment for a term
not exceeding one year or to a fine not exceeding seven hundred
and fifty pounds or to both such imprisonment and such fine.

(2) The court before which a person is proved to have committed
any offence under this Part in relation to a lottery or proposed
lottery shall order to be forfeited any coins and bank notes
produced to the court which are shown to the satisfaction of the
court to represent the price of tickets or chances, or prize money,
or prizes in the lottery, and may order to be destroyed all
documents (other than bank notes) produced to the court which are
shown to the satisfaction of the court to relate to the promotion
or conduct of the lottery.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 31
Interpretation of Part III.

31.(1) In this Part the expression

"money" includes a cheque, banknote, postal order or money order;

"newspaper" includes any journal, magazine or other periodical
publication;

"ticket" includes, in relation to any lottery or proposed lottery,
any document evidencing the claim of a person to participate in the
chances of the lottery.

(2) For the purposes of this Part

(a)references to printing shall be construed as including references
to writing; and

(b)documents or other matters shall be deemed to be distributed if
they are distributed to persons or places whether within or outside
Northern Ireland, and the expression "distribution" shall be construed
accordingly.

Legalisation of ready money pool betting carried on by post with
promoters in Great Britain.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 32

32. The Ready Money Football Betting Act, 1920, shall cease to have
effect as respects any pool betting business carried on by post by
a person who is a registered pool promoter within the meaning of
the Pool Betting Act, 1954, provided his registration as such
remains in force.

Part V (s.33) rep. by 1972 c.11 (NI) s.76(1) sch.5

Interpretation.

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 34

34. In this Act the expression

["the Act of 1972" has the meaning assigned to it by section
9(1);]

"licensed totalisator" has the meaning assigned to it by section
twenty-one;

"totalisator licence" has the meaning assigned to it by section
twenty-one.

S.35 rep. by SLR 1973

BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 36
Short title and commencement.

36.(1) This Act may be cited as the Betting and Lotteries Act
(Northern Ireland), 1957.

(2) Commencement

Schedule rep. by 1972 c.11 (NI) s.76(1) sch.5; SLR 1973