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Betting, Gaming and Lotteries Act


Published: 1966-01-01

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BETTXVG, GAMllVG AND LOTTERIES

THE BETTING, GAMING AND LOTTERIES
ACT -

ARRANGEMENT OF SECTIONS

PART I. Preliminary
1. Short title.
2. Interpretation.
3. Definition of pool betting. .

PART 11. The Betting, Gaming and Lotteries Commission

4. Establishment of Betting, Gaming and Lotteries Commission.
5. Functions of Commission.
6. Policy direction.
7. Application for licences, permits, etc.
8. Grant of licences, permits, etc.

8A. Licence, etc. to be exhibited.
8B. Power of entry by authorized persons.
8C. Offence of failure to produce a licence permit, etc.
8D. Commission to furnish certificate of appointment.
8E. Management of licensed premises.
8F. Refusal of entry to and expulsion of persons, fiom licensed premises.

9. Refusal to grant a licence, etc. and suspension, variation or
revocation of licence, etc.

10. Investigations.
1 1. Power of Commission to delegate functions.
12. Appeal to Commission.
13. Decision of Commission to be final.
14. Fixed Penalty Offences.
15. Offences.

PART 111. Betting and Bookmaking

16. Restriction on use of premises for betting transactions with persons
resorting thereto.

17. Ptohibition of betting in streets and public places.
18. Regulation of pool betting.
19. Restriction on bookmaking except on bookmaker's permit.
20. Authorization and registration of bookmaker's agent.

20A. Prohibition of illegal betting.
20B. Minor not to participate in betting activity, etc.
20C. Betting lounge.

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BETTING, GAMING AND LOTTERIES

Licensed Betting Ofices

2 1. Betting ofice licences and betting agency permits.

22. Conduct of licensed betting office.

Special provisions with reference to bookmaker's
and betting agency permits

23. Cancellation of, and disqualification for, bookmaker's or betting
agency permits.

Administration of this Part :

24. Licensing of tracks aid off-track betting parlours.

24A. Licensing of off tracks and betting operators.

25. Totalisator in respect of horse races and other races sports betting
activities.

26. Special rights of occupiers of approved racecourses and licensed
tracks.

Power of entry on approved racecourses and tracks

27. Power of entry on approved racecourse; and tracks. +
PART IV. ~on t r ibu t i o i by bookmakers for benefit of horse-

racing and other purposes

28. Power of Minister to establish schemes of monetary contributions
from bookmakers.

29. Contributions to be payable as a levy in respect of levy periods.
30. Payment of an accounting for bookmakers' levy.

PART V. Pool Betting Duty and Bet Winnings Tax '

3 1. Pool betting duty.
3 IA. Pool betting duty; non-promoter of pool betting.

32. Payment of and accounting for pool betting duty.
33. Sports betting tax.
34. Deduction of the tax fiom winnings.
35. Payment of and accounting for the tax.
36. Commissioner of Inland Revenue may assess winnings.
37. Refund of the tax overpaid.

PART-VI. Gaming

38. Unlawful gaming.

39. Special provisions with regard to gaming.
40. Saving for approv'ed clubs.

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BETTING, GAMING AND LOTTERIES

I
41. Saving for dominoes, draughts, darts and billiards on licensed

premises. I

42. Saving for entertainments not held for private gain.
42A. Saving in respect of prescribed purposes, casino facilities.

I I

Amusement 'Machines
I

I

43. Interpretation. I
43A. Licence to manufacture, test, supply, lease, repair, operate or sell

gaming machines. I
43B. Commission not to issue licence during exclusivity period.

I

44. Licensing of prescribed premises. I
44A. Licence to operate gaming machine. I

44B. Appeal. I
44C. Gaming machines to be operated only on prescribed premises.

I
1

44D. Identitication disc.
44E. Number of gaming machines which may be operated in hotel.
44F. Exception to ownership and possession of gaming machines.

45. Prohibition of ownership, possession or use of gaming amusement ,
machines. I

46. Offences. I
46A. Forfeiture of abandoned gaming machine.
468. Gaming lounge. I

PART VII. ~ofteries I
1

47. Illegality of lotteries. I
48. Offences in connection with lotteries. I

49. Licence to promote lottery. I

49A. Licensing of lottery agent. I I
50. Exemption of small lotteries incidental to certain entertainments.
5 1. Exemption of lotteries tonducted for charitable and other purposes.

52. Exemption of sweepstakes on race-meetings.
53. Audit of accounts.
54. Exemption of private lotteries.

a 55. Saving for lotteries of Art Unions. 56. Offences in relation to peaka peow and drop pan.
57. Power to make regulations to stop letters, etc., being sent by post.
58. Restriction on certain prize competitions.

58A. Fee for processing applications for prize competitions.
58B. Commissioner may waive fee.

59. Moneys paid for illegal lottery ticket recoverable and contracts
thereon void.

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BETTING,' GAMING AND LOTTERIES

Lottery Tax I

59A. Lottery tax.
59B. Payment of and accounting for tax.
59C. Commissioner of Inland Revenue may assess lottery tax.

I

59D. Penalties.

59E. Application of section 37 to lottery tax. i

Contributions by Lottery Licensees for Benefit of
Prescribed Causes and Related Matters

59F. Establishment and management of Fund.
59G. Beneficiaries of Fund.
59H. Accounts and audit.
591. Lottery winnings levy. i

PART VI11. General .
60. Search warrants and special powers of police and court. . m

61. Penalties.

62. Mode of trial.

63. Offences by bodies corporate.

64. Construction of certain references to private gain;
'

65. Regulations. _, 1

66. Savings.
, ' 4 . *

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BElTING, GAMING AND LOlTERIES 5
Acts 9 of t000,

34 of 1965. 27 of 2002.
37 of 1965. 28 of 2003

THE BETTING, GAMING AND LOTTERIES 31 S. 2, I
ACT

9of1971, 36of2003.
3 of 1972 10 of 2010 I
S.33& Seh.
Seh.,

14 of 1972.

[lst January, 1966.1 ~i i;:

10 of 1981,
10 of 1982,
12 of 1985

Seh.,
14 of 1991,
19 of 1992.
2 of 1998,

PART I. Preliminary

1. This Act may be cited as the Betting, Gaming and shorttitle.
Lotteries Act.

2 - 4 1 ) In this Act- Inter-
pretation.

"applicant" means a person who makes an application for a 1012010
licence, permit, approval or authority under this Act; S C ~ .

"approved club" has the meaning assigned to it by sub-
. section (2) of section 40;

"approved racecourse" means any racecourse in respect of 311972
which a licence is granted under the Jamaica Racing S. 33 & Sch

Commission Act;
"approved species of animal" means any species of animal I O I ~ O I O

approved by the Commission, by order, for the purposes Sch.

of this Act;
"authorized person" means a constable or any person

authorized by the Commission to carry out any function 111975
in relation to the enforcement or application of this Act; 2(a)

"betting agency permit" has the meaning assigned to it by
subsection (2) of section 2 1;

"betting office licence" has the meaning assigned to it by
subsection (1) of section 2 1;

"betting transaction" includes the collection or payment of
winnings on a bet and any transaction in which one or
more of the parties is acting as a bookmaker;

"bookmaker" means any person who-
(a) whether on his own account or as servant or agent

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BETTING, GAMING AND LOTTERIES

of any other person, carries on, whether occasion-
ally or regularly, the business of receiving or
negotiating bets at declared odds; or

(b) by way of business in any manner holds himself out,
or permits himself to be held out, as a person who
receives or negotiates bets at declared odds,

so, however, that a person shall not be deemed to be a
bookmaker by reason only of the fact-

(a) that he operates, or is employed in operating a
totalizator; or

(b) that he receives or negotiates bets in accordance with
a casino gaming licence issued under the Casino
Gaming Act.

"bookmaker's permit" has the meking assigned to it by
subsection (.I) of section 19;

"casino gaming licence" means-
(a) a licence for the operation of a casino under section

18(l)(a); ,or
(b) a temporary casino gaming licence under section

26 (4) of the Casino Gaming Act;
"Commission" means the Betting, Gaming and Lotteries

Commission established by section 4;
"connected" as regards the relationship between any person

and a licensee or an applicant means that the person is
either-
(a) a holding company or subsidiary of the licensee;
(b) a subsidiary of a holding company of the licensee;
(c) any company in which the licensee has control;
(4 a company in which the licensee and the persons

treated as 'connected with the licensee by virtue of
any other parag;aph of this definition together have
control;

(e) an individual who is a director, manager or a person
in control of the licensee or any business partner of
such director, manager or personas aforesaid;'or

u> a company of which any of the persons referred to
in paragraph (e) is a director, manager or has control;

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BETTING, GAMING AND LOTTERIES 7

"declared odds" means declared odds within the meaning of
. section 3;

"electronic" means relating to technology having electrical, ronolo
digital, magnetic, wireless, optical, electro-magnetic or S C ~ .
similar capabilities and references to carrying out any act
"electronically" shall be construed accordingly;

"electronic betting" means betting using a tele- 1012010
communications network, using either a telephope line, Sch
the Internet, a mobile phone or other means approved by
the Commission;

"electronic ticket" means a paperless electronic document 1012oro
used for the acknowledgement of a stake or bet made Schh.
under this A'et which takes the place of paper tickets and
can be purchased electronically;

"functions" includes powers and duties; 3111968
"game of chance" includes a game of chance and skill S 2.

combined and a pretended game of chance or of chance
and skill combined, but does not include any athletic
game or sport;

"gaming" means the playing of a game of chance for
winnings in money or money's worth;

"horse" includes mare, gelding, colt and filly;
"Jamaica Racing Conimission" means the Jamaica Racing 311972

Commission established by the Jamaica Racing S 33 & Sch.

Commission Act;
"licensed betting office" means premises in respect of

which a betting office licence is for the time being in
force;

"licensed track" means a track in respect of which a track 111975
betting licence issued by the Commission pursuant to s. 2(c)

section 24. is for the time being in force;
"licensee" means any person who is the holder of a licence, 1012010

permit, approval or authority granted by the Corn- s (b)
mission under this Act;

"live television broadcasts" means television broadcasts of 1012010
races conducted in Jamaica or overseas which are trans- SCh

mitted simultaneously with the running of those races;

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BETTING, GAUlNG AND LOTTERIES

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"lottery" means any game, method or device, including any
electronic game, method or device not requiring the
participation of the players involved, whereby money or
money's worth is distributed or allotted in any manner
depending upon or to be determined by chance or lot,
held, drawn, exercised or managed, whether in Jamaica
or elsewhere;

"lottery ticket" includes any paper, electronic ticket, figure,
writing symbol or other article whatsoever, which either
expressly or tacitly entitles or purports to entitle the
holder or any other person to receive any money or

. money's worth on the happening of any event or
contingency connected with a lottery;

+"'inor" means a person under the age of eighteen years;
"money" includes a cheque, banknote, postal order and

money order;
"native bred" means a horse foaled in Jamaica;
"online betting" means betting by electronic means

including iny form of betting via telephone or the
Internet or such other communication system approved
by the Commission; '

"operator" means, in relation to any pool betting, the person
to whom the persons making the bets look for the

- payment of their winnings, if any;
"player", in relation to a game of chance, includes any

person taking part in the game against whom other
persons taking part in the game stake, play or bet;

"pool betting" has the meaning assigned to it by section 3;
"pool betting business" means business involving the

receiving or negotiating of bets made by way of pool
betting;

"premises" includes any place and any vessel; ,
"racing promoter" means a person who with the approval of

the-
(a) Jamaica Racing Commission, promotes horse-

racing or racing of any approved species of
animal at an approved racecourse;

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BETTING, GAMING AND LOTTERIES -

(b) Betting, Gaming and Lotteries Commission, ac-
cept bets on approved sports betting activities;

"sanctioned pool betting" means pool betting .by means of
facilities provided-

(a) by a racing promoter-
(i) on an approved racecourse; or
(ii) on premises approved by the Com-

mission pursuant to section 24; or
(b) by the occupier of a licensed track on that

track;
"sports beking" means the making of a wager on the

outcome of a sporting event;
lelevision broadcastingw has the same meaning as in the

Broadcasting and Radio Re-diffusion Act;
, "totalizator" means the contrivance for betting known as

the totalizator or pari mutuel, or any other machine or
instrument of like nature, whether mechanically operated

* . . or not;
"track" means premises on which races of any description,

athletic sports or other sporting events take place; -
"track betting licence" has the meaning ascribed to it by

section 24;
4 -

"unlawhl gaming" has the meaning ascribed to it by sub-
section (1) of section 38;

"week" means the period commencing immediately after
twelve o'clock' midnight on each Saturday and ending at
twelve o'clock midnight on the Saturday next folldwing;

"winnings" includes' winnings of any kind and any
reference to the amount or to the payment of winnings
shall be construed accordingly.
(2) For the purpose of this Act a place shall be deemed

to be "used" for a purpose, if it is used for that purpose even
on one occasion only.

(3) Where during any period a track is, with the consent
of the occupier, under the management'of some person other
than the occupier that other person shall be deemed during that
period to be the occupier, and for the purposes of this subsection

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8.02 BETTING, GAMING AND LOTTERIES

the .expression "track" includes an approved racecourse.

, (4) For the purposes of Part VII-
(a) references to printing shall be' construed as including

references to writing and other modes of representing or
reproducing words in a visible f o k ; and

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

1411991 (5) For the purposes of this Act a person who writes or
S. 2(b). otherwise records bets shall- -

(a) be deemed to be a person who receives bets; and
(b) be deemed to be performing the functions of a book-

maker on his own behalf unless he proves that in
receiving bets he is acting'on behalf of a person named
and identified by him.

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(6) A person who receives or negotiates bets in accord-
ance with a. casino gaming licence issued under the Casino
Gaming Act shall not, on that account alone be deemed to be
carrying on the business of bookmaking for the purposes of this
Act.

Definition
of pool

3.-41) For the purposes of this Act, any bet shall be deemed
betting to be made by way of pool betting unless it is a bet at declared

odds, and, in particular, bets shall be held to be made by way of
pool betting whenever a number of persons make bets-

(a) on terms that the winnings of such of those persons as
are winners shall be, or be a share of, or be determined
by reference to, the stake money paid or agreed to be
paid by those persons, whether the bets are made by
means of a totalizator, or by filling up aid returning
coupons or other printed or written forms, or otherwise
howsoever; or

(b) on terms that the winnings of such of those persons
as are winners shall be, or shall include, an amount (not
determined by reference to the stake money paid or
agreed to be paid by those persons) which is divisible

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, BETTING, GAMRVG AND LOTTERIES

in any proportions among such of those persons as are
winners; or '

(c) on the basis that the winners or their winnings shall, to
any extent, be at the discretion of the operator or some
other person.
(2) A bet is a bet at declared' odds within the meaning

of this section only if each of the persons making it knows or
can know, at the time he makes it, the amount he will win,
except in so far as that amount is to depend on the result of the
event or events betted on, or on any such event taking place or
producing a result, or on the numbers taking part in any such
event, or on the time when his bet is received by any person
with or through whom it is made or, subject to section 26, on the
starting prices or totalizator odds for any such event, or on there
being totalizator odds on any such event,

In this subsection the expression "starting prices" in
relation to any event means the odds ruling at the scene of the
event immediately before the start, and the expression
"totalizator odds" means the odds paid on bets made by means
of a totalizator at the scene of the event.

(3) A bet made with or through a person carrying on a
business of receiving or negotiating bets, being a bet made in the
course of that business, shall be deemed not to be a bet at
declared odds within the meaning of this section if the winnings
of the person by whom it is so made consist or may consist in
whole or in part of something other than money.

(4) Where payments are made for the chance of winning
' any money or money's worth on terms under which the payers

have a 'power of selection which may (directly or indirectly)
determine the winner, then, for the purposes of this Act, those
payments shall be treated as bets notwithstanding that the power
is not exercised.

(5) Where a person carries on a business of receiving or
negotiating bets and there is or has been issued in connection
with that business any advertisement or other publication
calculated to encourage in persons making bets of any
description with or through him a belief that the bets are made

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BETTING, GAMING AND LOTTERIES

Establishment
of Betting,
Gaming and
Lotteries
Commission.

First Schedule.

Functions of
Commission.
111975
S. 3.

on the basis mentioned in paragraph (c) of subsection (I), then
any bets of that description subsequently made with or through
him in the course of that business shall be deemed for the
purposes of this Act to be made on that basis.

PART 11. The Betting, Gaming and Lotteries
Commission

4.--(1) There shall be established a body to be called the
Betting, Gaming and Lotteries Commission.

(2) The Comrr~~ssion shall be a body corporate to which
the provisions of section 28 of the Interpretation Act shall
apply -

(3) The provisions of the First Schedule shall have effect
as to the constitution and operation of the Commission and
otherwise in relation thereto.

5-1) The functions of the Commission shall be to regulate
and control the operation of betting and gaming and the conduct
of lotteries in the Island; and to carry out such other functions as
are assigned to it by or in pursuance of the provisions oft& Act
or any other enactment, and, in particular, but without prejudice
to the generality of the foregoing-

(a) to examine, in consultation with such organizations and
persons as it considers appropriate, problems relating to
the operation of betting and gaming and the conduct of
lotteries in the Island.

(b) to furnish information and advice and to make recom-
mendations to the Minister with respect to the exercise
by him of his functions under Part IV, Part V and Part
VI;

(c) to make investigations and surveys for the purpose of
obtaining information of use to it in the exercise of its 0
functions.

(2) The Commission shall, subject ro the provisions of
this Act, have power to do all such things as are in its opinion
necessary for, or conducive to, the proper discharge of its
functions.

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BETTING, GAMING AiVD LOTTERIES 1 1

6 . 4 1 ) The Minister may, after consultation with the Chair- Policy
directions. man of the Commission, give to the Commission directions of a

genemi character as to the policy to be followed in the exercise s. 3.
or discharge of its functions in relation to any matter appearing
to him to concern the public interest; and the Commission shall
give effect to any such directions.

(2) The Commission shall fUrnish to the Minister such
information as he may require with respect to the property and
activities of the Commission; and shall afford to him facilities
for verifying such information in such manner and at such times
as he may reasonably require.

7 . 4 1 ) A person requiring a licence, permit, approval or Application
authority mentioned in. any of the specified provisions shall ~~~~~;
make an application in writing to the Commission in the pres- 11197s

S. 3. cribed form and manner, giving in such application in the lo12010
information which may be required by regulations made under sch.
this Act.

For the purposes of this section, "specified provisions"
means sections 18(3), 19, 20, 20C, 21, 24, 24A, 26(3), 43A, snooo
43B, 44,44A, 44E, 46A, 49 and 49A. s. 2.

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(2) Where the Commission receives an application pur- Sch.

1 0120 1 0 suant to subsection (I), the Commission- S C ~ .
(a) shall satisfy itself that the applicant is a fit and proper

person having regards to subsection (2A); and
(b) may, in order to satisfy itself that the application is in

order, make or cause to be made such investigations
as it considers necessary in connection with the applica-
tion.

(2A) Where an investigation under subsection (2) is con-
ducted by the Commission, the Commission may charge the
applicant such fees as are necessary for the recovery of its
expenditure, having regard to the nature and the effort required
in its conduct.

(2B) For the purposes of this section, a person is a fit and
proper person if he is a person-

(a) who, whether in Jamaica or e l sewhere

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BETTING, GAMING AND LOTTERIES

(i) has not been. convicted of an offence involving
dishonesty or moral turpitude; or

(ii) is not an undischarged bankrupt;

(b) whose employment record does not give the Com-
mission reasonable cause to believe that he carried out
any act involving impropriety in the handling of monies;

(c) who, in the opinion of the Corynission, is a person of
probity, who i: able to exercise competence, diligence
and sound judgment in fulfilling his responsibilities in
relation to the business of betting, gaming, lotteries,
prize promotions or other games of chance permitted
under the Act and whose relationship with such business
will not threaten the interests of the general public nor .
other persons who are in that business, and for the
purpose of this paragraph the Commission shall have
regard to any evidence that he has-

(i) engaged in any business practice appearing to
the Commission to be deceitful or oppressive or
otherwise improper, which reflects discredit on
his method of doing business; or

(ii) contravened*any provision of any enactment for
the protection of the public against Gnancial loss
due to dishonesty, incompetence or malpractice
by persons concerned in the provision of com-
mercial services or .the management of com-
panies due to bankruptcy;

(6) who has knowledge af and competence in the business
of betting, gaming; lotteries, prize promotion or other
games of chance;

(e) who is not incapacitated by reason of mental disability;
and

V) who is not connected to any person who does not satisfy
the criteria specified in the preceding paragraphs.

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BETTING,' GAMING AND LOTTERIES
/

(3) As respects an application for a licence, permit,
approval or authority for any premises, if the Commission is
satisfied that the application is in order, it shall-

(a) .direct an authorized. person to visit. and: inspect the
premises in relation to which the application is made;
and

(b) inform the applicant of such direction.

a (4) Where directed under paragraph (a) of subsection (3) an authorized person may, for the.purpose of carrying out an
inspection under this section-

(a) enter upon and examine the premises in respect of
which the application is made;

(b) put to any person upon the premises any question relat-
ing to the application if he reasonably believes that any
information can be obtained which will assist the Com-
mission in arriving at a decision as to whether or not the
licence-or approval should 6e granted; and

he shall produce his certificate of appointment to any person on
the premises reasonably requiring him to do so.

(5) Upon the completion of the inspection as aforesaid
the authorized person shall make his report thereon in writing to
the Commission.

8 . 4 1 ) The Commission may in respect of any application
under section 7, if satisfied that it is desirable so to do (and
subject to that section) grant or refuse the licence, permit.
approval or authority, as the case may be, and shall notify the
applicant in writing accordingly.

(2) Every licence, permit, approval or authority
granted by the Commission shall be in such form and for such
period and subject to such terms and conditions as may be
specified therein, and may be renewed in such manner as may
be prescribed.

8A.--(I) Any current licence, permit, approval or authority
granted by the Commission, as regards any premises, shall be
.placed in a conspicuous place on the premises to which-that
licence, permit, approval or authority relates. ,

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Grant of
licences.
permits. etc.
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S. 3.

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Licence.
etc. to be
exhibited.
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Power of
entry by
authorized
persons.
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Offence of
failure to
produce a
licence.
permit, etc
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Commission
to furnish
certificate of
appointment.
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Management
of licensed
premises.
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(2) A person who contravenes the provisions of sub-
section (1) shall be guilty of an offence and liable to a fine not
exceeding five hundred thousand dollars and in default of
payment thereof to imprisonment for a term not exceeding six
months.

8B.-(1) Any-
(a) person (hereinafter called "an authorized person")

authorized in that behalf by the Commission (and
subject to the production on demand of his authority);
and

(b) constable,

may at all reasonable times enter upon any premises which is
licensed by the Commission for the purpose of ascertaining
whether the provisions of the Act are being complied with.

(2) Any person obstructs any authorized person or
constable or other person in the exercise of his functions under
this section shall be guilty of an offence and liable to a fine not
exceeding five hundred thousand dollars and in default of
payment thereof to imprisonment for a term not exceeding six
months.

8C. If the holder of a licence, permit, approval or authority
granted by the Commission on being required by an authorized
person to produce his licence, permit, approval or authority for
examination refuses or without reasonable cause fails so to do,
he shall be guilty of an offence and liable to a fine not
exceeding five hundred thousand dollars and in default of
payment thereof to imprisonment for a term not exceeding six
months.

8D. The Commission shall furnish every authorized person
with a certificate of appointment.

8E.-(1) Any premises licensed or otherwise approved for
the purposes of this Act by the Commission shall be managed
by the licensee in accordance with the terms and conditions
specified in the licence, permit, approval or authority.

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BETTING, GAMING AND LOTTERIES

(2) A licensee who contravenes the provisions of sub-
section (1) shall be guilty of an offence and liable to a fine not
exceeding five hundred thousand dollars and in default of
payment thereof to imprisonment for a term not exceeding six
months.

(3) Where the Commission grants a licence or permit
under this Act and affixes a seal or any other device of like

0 nature to any gaming machine or to any other equipment to which such licence or permit relates and the licensee and any
servant or agent of the licensee breaks or removes the seal or
other device without the consent of the Commission, the
licensee and any servant or agent of the licensee commits an
offence and shall be liable to a fine not exceeding two million
dollars and in default of payment thereof to a term of
imprisonment not exceeding twelve months.

8F.-(1) Without prejudice to any other right to refuse a
person admission to premises or to expel a person from
premises, the licensee or any servant or agent of his may refuse
to admit to, or may expel from, any premises licensed by the
Commission any person who is drunken, violent, quarrelsome
or disorderly, or whose presence on those premises would
subject the licensee or any servant or agent of his to a penalty
under section 14.

(2) If any person liable to be expelled from a licensed
premises under this section, when requested by the licensee, any
servant or agent of the licensee or any constable to leave those
premises, fails to do so, he shall be guilty of an offence and
liable to a fine not exceeding fifty thousand dollars and in
default of payment thereof to imprisonment with or without
hard labour for a term not exceeding one month.

0 (3) Any constable may, on the request of the licensee or
any servant or agent of the licensee, help to expel from a
licensed premises any person whom the constable has
reasonable cause to believe to be liable to be expelled therefrom
under subsection (1). .

Refusal of
entry to and
expulsion of
persons
from
licensed
premises.
IOROlO
Sch.

[The inclusion of this page. is authorized by L.N. 92c/2012]

BETTING, GAMING AND LOTTERIES

Refusal to
grant a
licence, etc.
and suspen-
sion, variation
or revocation
of licence,
etc.
1012010
Sch.

Investiga-
tions.
111975
S. 3.

9. The Commission may-
(a) refuse to grant a licence, permit, approval or authority

if the applicant does not satisfy the criteria specified in
section 7(2A); or

(b) suspend, vary or revoke any licence permit, approval
or authority after holding an investigation under sec-
tion 10.

. 10. The Commission may, where it considers it expedient so
to do, hold or cause to be held an investigation-.

(a) to determine whether any licence, permit, approval or
authority granted under this Part should be suspended,
varied or revoked;

(b) in respect of the breach of any of the regulations made
by the Commission under this Act or the terms or
conditions of any licence, permit, approval or authority

. aforesaid; or

(c) as respects any matter related to or connected with its
functions so as to determine whether any of such
functions should be exercised,

and with respect to any such investigation the following
provisions shall have effect-

(i) the person or persons holding the investigation
(herein-after in this section referred to as "the
tribunal") shall do so in such manner and under such
conditions as the tribunal may think most effectual
for ascertaining the facts of the matter under
investigation;

(ii) the tribunal shall have for the purposes of the
investigation all the powers of a Resident Magistrate
to summon witnesses, call for the production of
books and documents and to examine wit-nesses and
the parties concerned on 02th;

(iii) any person summoned to attend or to produce
books or documents under this section and refusing
or neglecting so to do or refusing to answer any

[The inclusion of this page is authorized by L.N. 92c/2012]

BETTING, GAMING AND LOTTERIES 17

question put to him by or with the concurrence of the
tribunal shall be guilty of an offence against this Act
and be liable on summary conviction before a Resi-
dent Magistrate to a fine not exceeding five hun- 1012010
thousand dollars and in default of payment to

;$2010
imprisonment for a term not exceeding six months: sch

Provided that no person shall be bound to
incriminate himself and every witness shall, in
respect of any evidence given by him at such an
investigation be entitled to the same privileges to
which he would be entitled if giving evidence
before a court of justice;

(iv) any witness attending at the request of, or upon
summons by, the tribunal shall, subject to any order
made by the tribunal, be entitled to like allowances
for expenses as if summoned to attend a Resident
Magistrate's Court.

11.--(I) The Commission may by instrument in writing and Power of
Comm~ss~on subject to such conditions as may be specified in the instrument toddegate

delegate to any person any of the functions exercisable by the funct~ons
111975 Commission by virtue of the provisions of this Act or any other ,

enactment.
(2) A delegation under this section shall be revocable

by the Commission, and no delegation shall prevent the exercise
by the Commission of any of its functions.

(3) Any person to whom a delegation is made under
this section shall furnish to the Commission fiom time to time
such information as the Commission may require with respect to
the exercise of any of the functions so delegated under this
section:
' Provided that nothing in this section shall authorize the Com-

mission to depute ariy person to hear any appeal or to make
regulations under the powers in that behalf conferred upon it by
any enactment.

12.--( 1) Theie shall be an appeal to the Commission against Appeal to
Commission a decision given by a person acting in pursuance of any function 97s

delegated under section 1 1. s 3.

[The inclusion of this page is authorized by LN. 92d20121

BETTING. GAMING AND LOTTERIES

Decision of
Commission
to be final.
111975
S. 3.

Fixed Penalty
offences.

Seventh
Schedule.
10120 10
Sch.

(2) Any person who is aggrieved by a decision given
by a person referred to in subsection (1) may appeal to the
Commission against such decision within such time and in
such manner as may be prescribed.

(3) The Commission may, at the hearing of an appeal
against a decision in respect of which the appeal is brought-

(i) dismiss the appeal and confirm the decision; or
(ii) allow the appeal and set aside the decision; or
(iii) set aside the decision and substitute therefor such other

decision as the Commission may think proper; or
(iv) allow the appeal and direct that the proceedings in

respect of which the decision (the subject of the appeal)
was made, be conducted afresh either by the person
who made that decision or such other person as the
Commission may decide.

13. Any decision of the Commission given in respect of an
appeal under section 12 shall be final.

.
14.-31) This Section shall apply to .an offence under this

Act and regulations made hereunder, being . . an offence specified
in the Seventh Schedule.

(2) The Commission may give to any person who it
has reason to believe has committed an offence to which this
section applies, a notice in writing in the prescribed form
offering that person the opportunity to discharge any liability to
conviction.of that offence by payment of a fixed penalty under
this section.

(3) No person shall be liable to be convicted of .the
offence if the fixed penalty is paid in accordance with this
section and the requirement in respect of which the offence was
committed is complied with before the expiration of the fifteen
days following the date of the notice referred to in subsection
(2) or such longer period (if any) as may be specified in that
notice or before the date on which proceedings are begun,
whichever event last occurs.

[The inclusion of this "page is authorized by L:N. 92&012]

BETTING, GAMING AND LOTTERIES 19

(4) Where any person is given notice under this section
in respect of an offence, proceedings shall not be taken against
that person for that offence until the end of the fifteen days
following the date of the notice or such longer period (if any)
as may have been specified therein.

(5) In subsections (3) and (4) "proceedings" means any
criminal proceedings in respect of the act or omission con-
stituting the offence specified in the notice under subsection (2)
and "convicted" shall be construed in like manner.

(6) Payment of a fixed penalty under this section shall
be made to the Collector of Taxes specified pursuant to sub-
section (7); and in any proceedings a certificate that payment of
a fixed penalty was or was not made to the Collector of Taxes
by a date specified in the certificate shall, if the certificate
purports to be signed by the Collector of Taxes, be admissible as
evidence of the facts stated therein.

(7) A notice under subsection (2) shall-
(a) specify the offence alleged;

(b) give such particulars of the offence as are necessary for
giving reasonable information of the allegation;

(c) state-

(i) the period during which, by virtue of .sub-
section (2), proceedings will not be taken for
the offence;

(ii) the amount of the fixed penalty and the
Collector of Taxes to whom an address at
which the penalty may be paid.

(8) The fixed penalty for each offence specified in the
Seventh Schedule shall be the penalty respectively specified Seventh
therein in relation to such offence. Schedule.

(9) In any proceedings for an offence to which this
section applies, no reference shall be made after the conviction
of the accused to the giving of any notice under this section or to
the payment or non-payment of a fixed penalty thereunder
unless in the course of the proceedings or in some document

[me incl= of this page is authorized by LN. Zc/2012]

which is before the court in connection with the proceedings,
reference has been made by or. on behalf of the accused to the
giving of such a notice, or, as the case may be, to such payment
or non-payment.

(10) The Minister may, by order, make provision as-to
any matter incidental to the operation of this section, and in
particular, any such order may-

(a) prescribe-
- (i) the form of notice under subsection (2), and

the Collector of Taxes to whom a fixed penalty
is payable;

' (ii) the nature of the information to be furnished to
the Collector of Taxes along with any pay-
ment;

(iii) the arrangements for the Collector of Taxes to
furnish to the Commission, information with
regard to any payment pursuant to a notice
under this section;

(b) amend the Seventh Schedule.

(1 1) An order made under subsection (10)(b) shall be
subject to affirmative resolution.

Offences. 15. Every person who-

(a) obtains the grant or renewal of any licence, permit,
approval or authority from the Commission under
section 8 by wilful misrepresentation; or

(b) in relation to any application for such grant or renewal
wilfully or recklessly gives any false or misleading
information or makes a false or misleading statement;
or

I

(c) in relation to subsections (3) and (4) of section 7
refuses to permit any authorized person to enter or
inspect the premises concerned or obstructs him in the
execution of his duties under this Act,

[The inclusion of this page is authorid by LN. 92c/2012]

BETTING, GAMING AND LOTTERIES 21

shall be guilty of an' offence and be liable on summary
conviction before a Resident Magistrate to a fine not exceeding
five hundred thousand dollars or to imprisonment for a term not 3012003
exceeding twelve months. s 5.

PART 111. Betting and Bookmaking

16*.-(1) Subject to subsection (2) of this section and on Restriction use of
subsection (1) of section 2 1, no person shall- premises for

(a) save as permitted by or pursuant to section 18- betting tran- sactions
with persons (i) use any premises or cause or knowingly per- resofling

mit any premises to be used as a place where thereto.
1411991 persons resorting thereto may effect pool s,3ca,,

betting transactions; or
(ii) provide facilities at any premises for persons

resorting thereto to effect pool betting tran-
sactions; or

(b) control, occupy or use or cause or knowingly permit
any other person to control, occupy or use, any
premises for the purpose of-

- -. ( i ) effecting betting transactions of any kind with
, . persons resorting to those premises; or

(ii) facilitating the making of betting transactions
between persons resorting to those premises,

and eve& person who contravenes this subsection shall be guilty
of an offence and shall be liable on summary conviction in a
Resident Magistrate's Court to a fine not exceeding two
hundred and fifty thousand dollars or to a term of imprison- 3012003
ment not exceeding two years or to both such fine and imprison- S. 5.
ment.

(2) Paragraph (b) of subsection (1) shall not apply-
\

(a) h e r e the premises is hn,approved club;
\

(b) where the premises are at the time being used for
entertainments such as bazaars, fairs, sales of work,

*Section 16 in so far as it relates to the canylng on of any pool betting business based on the
results of football matches, is not yet in force.

[The inclusion. of this page is authorized by L.N. 92~12012]

BETTING, GAMING AND LOTTERIES

1012010
Sch.

Prohibition
of betting in
streets and
public places.

fetes, dinners, dances, sporting or athletic events and
other entertainments of similar kind which are
promoted for purposes other than private gain and the
betting transactions are incidental to such entertain-
ment, so, however, that-

(i) 'the facilities for taking part in the betting trans-
actions shall not be the only, or the only
substantial, inducement to persons to attend the
entertainment; and

(ii) the premises concerned shall not be used more
often than on twelve days in any one year for
the promotion of entertainments involving such
betting transactions as aforesaid.

(c) where the premises is within the precincts of an
approved integrated resort development declared pur-
suant to section 9 of the Casino Gaming Act and the
betting transactions are conducted in accordance with
a casino gaming licence issued under that Act.

(3) Any person who, for any purpose connected with
the effecting of a betting transaction, resorts to any premises
which are being used in contravention of subsection (1) shall be
guilty of an offence and shall be liable on summary conviction
to a fine not exceeding fifty thousand dollars or to imprisonment
for a term not $xceeding three months or to both such fine and
imprisonment. 1

(4) For the purposes of subsection (3), proof that any
person was on iU1 y premises while they were being used as
mentioned in that subsection shall be evidence that he resorted
to the premises for such a purpose as is so mentioned unless he
proves that he was on the premises for bonaflde purposes which
were not connected with the effecting of a betting transaction.

17 .41 ) Any person frequenting or loitering in a street or
public place, on behalf either of himself or of any other person,
for the purposes of bookmaking, betting, agreeing to bet, or
paying, receiving or settling bets shall be guilty of an offence
and liable--

[The inclusion of this page is authorized by LN. 92c/2012]

BETTING, GAMING AND LOTTERIES 23

(a) to a fine not exceeding two hundred thousand dol- 3012003
lars and in default of payment thereof to imprison- S. 5 .
ment with or without hard labour for a term not
exceeding two months; or

(b) in the case of a second or any subsequent conviction
for an offence under this section, to a fine not ex-
ceeding four hundred thousand dollars and in default 3012003
of payment thereof to imprisonment with or without S. 5 .
hard labour for a term not exceeding six months.

(2) Any constable may take into custody without
warrant any person found committing an offence under this
section and may seize and detain any article found in his
possession which the constable has reasonable cause to believe
may be required as evidence for the purposes of proceedings in
respect of such offence.

(3) In this section the doorways and entrances of pre-
mises abutting upon, and any ground adjoining and open to, a
street shall be treated as forming part of the street.

18*.-(1) No pool betting business shall be carried on by Regulation
any person unless such business is carried on- of pool betting.

1011982 by a person authorized thereto by subsection ( 1 ~ ) or s,
(ID) and in conformity with the provisions of such 1411991
subsection and any order made under subsection S.4(a).
(lo);

(b) by a person authorized thereto by an order under sub-
section (3) i d in conformity with that order;

(c) by a casino operator in accordance with a.casino 1012010
.gaming -1icSnce issued under the Casino Gaming Act. SCh.

( 1 ~ ) Subject to subsection (lC), pool betting business
may be carried on-

(a) by a racing promoter on an approved racecourse, if
the business is conducted-

(i) on that racecourse not earlier than one week
*Section 18(1) and (2) in so far as it relate to the carrying on of any pool betting business

based on the results of footby1 matches. is not yet in force.

[The inclusion of this page is authorized by LN. 92d20121

BETTING, GAMING AND LOTTERIES

prior to the day on which horse-races but no
other races take place thereon; and

(ii) only on the horse-races conducted on that race-
course on that day;

(b ) by a racing promoter on a licensed track if the
business is conducted-

(i) on that track not earlier than one week prior to
the day on which races of any approved species
of animal but no other races take place there-
on;

(ii) only on races permitted by the licence and
conducted on that track on that day; or

(c) by a racing promoter or by an agent of such promoter
authorized in writing by the promoter if the business
is conducted-

(i) on premises approved by the Commission
pursuant to section 24 and occupied by the
racing promoter or by such agent;

(ii) not earlier than one week prior to the day on
which races promoted by that promoter take
place; and

(iii) only-on the races promoted by that promoter on
that day.

(1B) Subject to subsection (lC), pool betting business
may be carried on by a racing profioter or by his agent duly
authorized in writing by the promoter, on horse-races or races of
any approved species of animal conducted overseas if-

(a) the business is conducted not earlier than one week
prior to the day on which such races take place
overseas and- ;

(i) in the case of horse-races, on an approved
racecourse;

(ii) in the case of races of any approved species of
animal, on a licensed track; or

[The inclusion of this page is authorized by L.N. 92d2012)

BETTING, GAMING AND LOTTERIES 25

(iii) on premises approved by the Commission, pur-
suant to section 24; and

(b) live television broadcasts of the running of such races
are transmitted to the approved racecourse or
licensed track or to premises approved pursuant to
section 24;

(IC) Any business carried on pursuant to subsection

a ( 1 ~ ) or (IB) shall be carried on in accordance with such rules, terms and conditions as may be prescribed by the Commission
by order.

(2) Every person who contravenes the provisions of
sub-section (1) shall be guilty of an offence and shall be liable to
a fine not exceeding five hundred thousand dollars and in lo11981
default of payment thereof to imprisonment with or without hard ~ o ~ o o 3
labour for a term not exceeding eighteen months. s. 5.

(3) The Commission may authorize, in writing, a 10120L0
Sch.

racing promoter or a non-promoter, to promote and operate such
form of pool betting business. other than pool betting on-

; (a) horse-races or greyhound races conducted .on an
approved joint racecourse or on premises approved
by the Commission; or

(b) horse-races or greyhound races conducted overseas,

as may be specified in the authorization. and thereupon it shall
be lawful for the racing promoter or the non-promoter so
authorized notwithstanding anything contained in the Act, to
promote and operate that form of pool betting business and for
any person to participate in the. pool betting so promoted and
operated.

(4) An order under subsection (ID) or authorization 1011982
under subsection (3) may prescribe such terms and conditions ;,;,($,
and may contain such ancillary provisions as the Commission s
thinks fit and. without prejudice to the generality of the fore- :i:i:h
going. may include provisions in regard to- 10~2010

Sch.
(a) the manner in which the pool betting business should

be carried on;

[The inclusion of this page is authorized by L.N. 92420121

BETTYG, GAMING AND LOTTERIES

111975
2nd Sch.
1 01201 0
Sch.

111975
2nd Sch.

1411991
S. 4(9(ii),
3012003
S. 5.
111975
2nd Sch.
1 01 1982
S. 2(b).
1411991
S. 4(g).
10/20 10
Sch.
10/2010
Sch.

(b) the location and appointment of premises used in con-
nection with the pool betting business;

(c) the manner of making bets or stakes;

(d) the nature and amount of winnings;

( e ) the making, keeping and examination of accounts,
records and returns by any person in relation to the
operation of the pool betting business; and

Cf) the exemption in whole or in part from stamp duty of
transactions in connection with the pool betting

, business.

(5) Where an authorization is made pursuant to
subsection (3) authorizing a person to promote and operate any
form of pool betting business the Commission may, by regula-
tions under this Act, make such provision as it thinks necessary
to ensure that bookmakers shall not carry on the business of
receiving or negotiating bets at declared odds in relation to the
type of events which-are the subject matter of that'form of pool
betting or that bookmakers shall only carry on that business sub-
ject to such terms and conditions (including conditions as to the
payment of fees to the person operating the pool betting
business) as the Commission thinks fit.

(6 ) Notwithstanding anything contained in section 29 of
the Interpretation Act an order under subsection (1 D) or (3) or
regulations pursuant to subsection (5) of this section may
provide greater penalties than those specified in the said section
29, so, however, that the maximum penalty that may be imposed
shall be imprisonment with hard labour for a term of twelve
months and a fine of five hundred thousand dollars.

(7) Notwithstanding anything to the contrary, any order
under subsection (ID) or regulations made pursuant to sub-
section (5) shall be subject to the prior approval of the
Minister.

(8) In this section and section 31A, "non-promoter"
means an operator of pool betting business,. other than pool
betting on-

[The inclusion of this page is authorized by L.N. 92c/2012]

BETTING, GAMING AND LOTTERIES 27

(a) horses-races or greyhound races, conducted on an
approved joint race-course or on premises approved
by the Commission; or

(b) horse-races or greyhound races conducted overseas,

who is not the operator of an approved racecourse and whose
business involves the placing of bets in a totalizator of a race-
course in a country other than Jamaica which is approved by the
Commission for the purposes of this section.

19.+1) A person shall not on his own account act as a Restrict~on
bookmaker unless he is the holder of a valid permit (in this Act ::-
referred to as a "boohaker's'permit") authorizing him so to except on
act. book- maker's

(2) A person who contravenes subsection ( I ) is guilty ~~~~~1
of an offence and liable on conviction to a fine not exceeding s. 3 (a).
five hundred thousand dollai-s or in default of payment there- 30D003
of to imprisonment for a term not exceeding eighteen months. S. 5.

(3) The relevant provisions of Part I1 shall have effect 111975
for the purposes of bookmakers' permits. 2nd Sch. 1011981

(4) A bookmaker's permit shall remain in force for a :o:,"ib
maximum period of five years fiom the date of issue and shall Sch
be subject to an annual review by the Commission.

20.41) No person shall by way of business receive or Authoriza-
negotiate bets as servant or agent of another bookmaker
unless- of book-

maker's
(a) he has attained'the age of eighteen years;' and agent.

111975
(b) he is authorized in that behalf in writing in the pre- 2nd Sch.

scribed form by that other bookmaker and that other
bookmaker is the holder of a bookmaker's permit;

. and I

( c ) he is the holder of betting agency permit:

Provided that this subsection shall not apply to any person
who is the holder of a bookmaker's permit, or who receives or
negotiates bets as aforesaid in a licensed betting office occupied
by the holder of such a permit or the holder of a betting agency
permit.

[The inclusion of this page is authorized by L.N. 92~120121

BETTING. GAMING AND LOTTERIES

Prohibition
of illegal
betting.
1411991
S. 6.

1012010
Sch.

(2) If any bet is received or negotiated by any person
as servant or agent to another bookmaker in contravention
of subsection (I), both that person and that other bookmaker
shall be guilty of an offence.

(3) Every bookmaker who is the holder of a book-
maker's permit shall keep a register in the prescribed form
showing every person who is for the time being authorized for
that purposes of subsection (1) by that bookmaker, and shall not
grant any such authorization without making the appropriate
entry in that register; and if any person contravenes any of the
requirements of this subsection he shall, in respect of each
contravention, be guilty of an offence.

(4) If any person who holds any authority in writing
issued for the purposes of subsection (1) or who is required by
subsection (3) to keep a register, on being required by an
authorized person to produce that authority or, as the case may
be, register for examination, refuses or without reasonable cause
fails so to do, he shall be guilty of an offence.

(5) Any person guilty of an offence under this section
shall be liable to a fine not exceeding two hundred thousand
dollars and in default of payment thereof to imprisonment with
or without hard labour for a term not exceeding six months or,
in the case of offences under subsection (2) or subsection (3), on
a second or any subsequent conviction under the same sub-
section, to a fine not exceeding three hundred thousand dollars
and in default of payment thereof to imprisonment with or with
hard labour for a term not exceeding two years.

20A. Any person who carries on the business of pool betting
or bookmaking without being authorized or licensed under this
Part to do so shall be guilty of an offence and shall be liable on
summary conviction in a Resident Magistrate's Court to a fine
not exceeding one million dollars or to a term of imprisonment
not exceeding eighteen months or to both such fine and
imprisonment.

[me inclusion of this page is authorized -by-lM._92c/2012]

BETTING, GAMING AND LOTTERIES 29

20B.-41) A person shall not permit a minor to- Minor not to
participate

(a ) bet, negotiate or otherwise participate in any betting, in betting
gaming or lottery activity regulated or prohibited under y$!l$,ac.
this Act; or S C ~ .

(b) be in any room in which gaming machines are located.
(2 ) Any person who contravenes subsection (1) com-

mits an offence and shall be liable on conviction to a fine not
exceeding one million dollars and in default of payment thereof
to imprisonment for a term not exceeding three months, so,
however, that a person shall not be guilty of an offence under
this section if he proves to the satisfaction of the court that, at
the time of the offence, he took all reasonable steps to ascertain,
and reasonably believed, that the person alleged to be a minor
was over the age of eighteen years.

20C.--(I) In this section, '&betting lounge" means any Bettills
premises approved by the Commission i n which there are z;yb
facilities- S C ~ .

( a ) furnished with a maximum of nineteen gaming
machines;

(b ) for the placing of wagers on races or on other
events approved under this Act;

( c ) for the purchasing of tickets or chances in any
lottery licensed under this Act;

(6) for watching or listening to broadcasts of such
races or events or any sports activities conducted in
Jamaica or elsewhere;

( e ) for entertainment.
(2 ) Only a licensed bookmaker inay apply for a

licence to operate a betting lounge.
(3) The Commission may, in accordance with section

8, grant a betting lounge licence to the applicant under
subsection (2).

(4) A betting lounge licence shall remain in force for
a maximum period of five years.

(5) The relevant provisions of Part I1 shall have
effect for the purposes of a licence under this section.

[The inclusion of this page is authorized by L.N. 92~/2012]

BETTING, GAMING AND LOTTERIES

(6) Any person who, operates a betting lounge without
being the holder of a valid licence authorizing him so to do shall
be ,guilty of an offence and liable on conviction to a fine not
exceeding five hundred thousand dollars and in default of
payment thereof to imprisonment for a term not exceeding six
months.

Licensed Betting Oflces
21.-(1) Where in the case of any premises there is for the

licences and
betting time being in' force a licence authorizing the holder of the
agency
permits.

licence to use those premises as a betting office (in this Act
referred to as "a betting office licence"), paragraph (b) of sub-
section (1) of section 16 shall not apply to the use of those
premises for the effecting of betting transactions with or through
the holder of the licence or any servant or agent of his.

(2) The following persons, and the following persons
only, may apply for the grant or renewal of a betting office
licence in respect of any premises, that is to say-

(a) a person who is for the time being the holder of, or an
applicant for, a bookmaker's permit; and

(b) a person who, not being the holder of, or an applicant
for, a bookmaker's permit, is for the time being both-

(i) accredited by a bookmaker who is the holder of
a bookmaker's permit as an agent for the pur-
pose of receiving or negotiating bets by way of
business with a view to those bets being made
with that bookmaker; and

(ii) the holder of, or an applicant for, a permit (in
this Act referred to as "a betting agency per-
mit") authorizing him to hold a betting office
licence.

(3) An application for the grant of a betting office
licence in respect of any premises may be made notwithstanding
that the premises have still to be constructed or are still in the
course of construction.

111975 (4) Subject to subsections (2) and (3), the relevant pro-
2nd Sch

visions of Part 11 shall have effect for the purpose of betting
office licences and betting agency permits.

[The inclusion of this page is authorized by L.N. 92cl2012]

BETTING, GAMING AND LOTTERIES 3 l

22.-(1) A licence betting office shall be managed in accor- Conduct of
dance with the terms and conditions specified in the licence and ~ ~ ~ ~ : ~ d
the rules set out in the Second Schedule. office

Second
(2) Any bookmaker or his agent or servant who con- Schedule

travenes the provisions of subsection (I), commits an offence :.fO'O
and shall be liable on conviction to a fine not exceeding five
hundred thousand dollars and in default of payment to imprison-
ment for a term not exceeding six months.

(3) A bookmaker may publish in a licensed betting
office or, in such manner as may be prescribed, on premises
giving access to such office or through the print or electronic
media, any advertisement-

(a) indicating that particular premises are a licensed betting
office;

(b) indicating where any such office may be found; and

(c) drawing attention to the availability of, or to facilities
afforded to persons resorting to, such offices.

(4) A bookmaker shall ensure that any advertisement
pursuant to subsection (2) satisfies any provision in any code of
ethics published or established for the time being by the Adver-
tising Agencies Association of Jamaica, the Fair Trading Com-
mission or the Broadcasting Commission.

Special provisions with reference to bookmaker's and
betting agency permits

23. - (1) If the holder of a bookmaker's permit or of a Cancellation
betting agency is convicted- of. and dls- qual~ficat~on

(a) of an offence under section 16, 17 or 18; or for, book- maker's or
(b) of any offence involving fraud or dishonesty, bettlng agency per-

mits
or if the holder of a betting agency permit is convicted of an
offence under subsection (1) of section 19, ths court by which
he is convicted may, if the court thinks fit, order that his permit
shall be forfeited and cancelled.

(2) An order under subsection (1) shall be deemed for
the purposes of any appeal to be part of the sentence for the

[The inclusion of this page is authorized by L.N. 92c/2012]

BETTING, GAMING AND LOTTERIES

offence, and the permit shall not be forfeited or cancelled under
that order-

(a) until the date of expiration of the period within which
notice of appeal against the conviction or sentence
may be given; or

% , (b) if notice of appeal against the conviction or sentence
. is duly given within the period aforesaid, until the

date of the determination or abandonment of the
appeal.

(3) A person whose bookmaker's permit or betting
agency permit is forfeited and cancelled in pursuance of an
order under subsection (1) shall, by virtue of that order, be dis-
qualified for holding or obtaining a permit of either description
for a period of five years beginning with the date of the
conviction which gave rise to the order:

Provided that, in a case where it appears to the court making
the order to be just in all the circumstances, that court may
include in the order a direction that the period of disqualification
shall be such period shorter than five years as the court may
spe&ify. , . ? . . ,.,. .

,. . .. .
(9) where a bookmaker's, permit or betting agency

. .1 ! ..'_ . .
31 1972 permit is, forfeited and cancelled in pursuance of an order under
S. 33.
111975 shbsection (I ) , the registrar or clerk of the order by which the
2ndSch. order was.made shall send a copy of the order to the Betting,

~ a m i r i h ' and ~o t t e r i e s ' Commission aid also ' to the Jamaica
Racing Commission.

.::,:!: :; f ;? $': ;,:,:
. -. . - , : (5 ) .Any -holder of a bookmaker's permit or betting

;:, . . l:. I. . ., agency permit who employs in his bookmaking business any
::. person known to him to be for the time being disqualified under
. : ,

,.!, . subsection,(3) shall be guilty of an offence.
Llcenslngof 24.-41) For the purpose of this Act and subject to such con-
tracks and
off-track ditions as it may impose, the Commission may, in accordance
bett~ng with Part 11-
parlours.
1012010 (a) grant a licence authorizing the provision of betting
Sch facilities on any track (in this Act referred to as a

I

' ' "track betting licence") in relation to races of a type
specified in the licence; and

[The inclusion of this page is authorized by L.N: 92~/2012]

BETTING, GAMING AND LOTTERIES .3 3

(b) grant a licence (in this Act referred to as an "off-track
betting licence") in respect of any premises (in this
Act referred to as an "off-track betting parlour")
authorizing a racing promoter or a duly accredited
agent of such a promoter to carry on pool betting
business thereon.

(2) Any track or any off track betting parlour in
respect of which a licence is granted under subsection (1) shall
be eligible, in accordance with Part 11, to bebprescribed as a
premises in relation to which a licence may be granted under
section 44A enabling-

(a) as regards such track, the operation by the racing
promoter of a maximum of five hundred gaming
machines in the aggregate, whether on the track or on
any other prescribed premises (not exceeding four);
and

(b) as regards such off-track betting parlour, a maximum
of nineteen gaming machines thereon. ,

-\

24A.-(l) No shall by way of business, receive or Llcenr~ngot
off tracks negotiate bets at an off track betting parlbur, as agent of a racing and

promoter unless- parlours
operators.

(a) he has attained the age of eighteen years; 10120 I o
Sch.

(b) he does not have a criminal record;

(c) he is authorized in that behalf in writing by that
racing promoter; and

. .
(d) he is t h e hold& 'of an off tiack-betting , pail,Gur . , .

. .

operator's licence.

0 (2) I'f any bet is receiv'ed or negotiated by any person
as agent of a racing promoter in contravention of subsection (l),
every such person and the racing promoter shall each be guilty
of an offence and be liable on summary conviction in a Resident

-Magistrate's Court to a fine not exceeding five hundred
thousand dollars and in default of payment thereof to imprison-
ment for a term not exceeding eight months. #

[The inclusion of this page is authorized by L N 92~120121

I

BETTING, GAMING AND LOTTERIES

Total~zator
In respect of
horse races
and other
races spons
bett~ng
actlvllles
10/20 1 0
Sch

Third
Schedule

25.-(1) Where a racing promoter has set up a totalizator,
such totalizator shall be operated in accordance with the
provisions of subsections (2) and (3).

(2) For the purposes of subsection (l), athe totalizator
shall-

(a) be located at an approved racecourse or licensed track
or at premises approved by the Commission pursuant
to section 24;

(b) be operated only for effecting betting transactions-

(i) on sports betting activities approved by the
Commission;

(ii) on horse-races run at the approved race-course
and any other activity approved by the Com-
mission;

(iii) on races of any approved species of animal run
at the licensed track; or

(iv) on horse-races, on other activity approved by
the Commission or on races of any approved
species of animal conducted overseas which
are transmitted by live electronic broadcast to
that race-course or track or to premises
approved pursuant to section 24, as the case
may be,

and with persons resorting to the racecourse or track or to
premises approved by the Commission pursuant to section 24 or
with such other persons and in such circumstances as may be
prescribed.

(3) The Third Schedule shall have effect with respect
to the totalizator.

(4) Any person who contravenes the provisions of sub-
section (2) commits an offence and shall be liable on conviction
to a fine not exceeding five hundred thousand dollars and in
default of payment thereof to imprisonment for a term not
exceeding six months.

[The inclusion of this paee is authorized by L.N. 92~12012)

BETTING. G.4AfING 1 . 1 ~ ~ LOTTERIES 3 5

26.--(I) The provisions of this section shall apply in relation spcc~al
rights of' to- occupiers o l

(a ) any horse-race conducted on an approved racecourse: ~ ~ ~ ~ ~ . ~ , ~ ~ s c s
(b) any race of ally approved species of aninla1 speciiied "nJ'w"l'cd

track>
in a track betting licence and conducted under that 1cv2o1o
licence on a licensed track: SCII

(c) any horse-race or any race of any approved species of
aninla1 conducted overseas which is transmitted by
live electronic broadcast to an approved racecourse or
licensed track or to premises approved pursuant to
section 24.

(2) The occupier of the racecourse or track as the case
may be shall. subject to subsectio~l (3). have the esclusi\le
right to authorize any person-

(a) to carry on pool betting business on any such race as
aforesaid:

(b ) by way of busiiless to receive or negotiate bets on any
such race on terms that the winnings or any part
thereof shall be calculated or regulated'directl\- or
indirectly by reference to the amounts or rates of any
payments or distributions in respect of winning bets
on that race made by way of sanctioned pool betting.

and no person shall have the right to carry on any fonn of pool
betting business on any such race or. subject to subsection (3).
by way of business to receive or negotiate bets.on any such race
on such terms as aforesaid escept \vith the authority of the
occupier of the racecourse or track. as the case may be. and in
gi\.ing any authorit! under this subsection the occupier may do
so on such terms. including terms as to payments to the
occupier. as the occupier may think fit.

(3) The Commission may in accordance with Part I1 I 1975
authorize a bookmaker by way of business at any place other '"d Sc'l
than an approved racecourse or licensed track to receive or
negotiate bets on any such race on such terms as are mentioned
in paragraph (b) of subsection (2): and in giving any authority

[The inclusion of this page is authorized by L.N. 92~/2012]

under tliis subsection !he Co~iimission may do so on such con-
ditions. including conditions as to such paymcnts to thc occupier
of the racecourse or track, as [lie Commission may think
tit.

(4) It' the conditions specilicd by the Commission pur-
suant to subsection (3) recluirc payi~lcnts to bc madc to thc
occupier, thc occupier shall thereupon have a right to receive the
payments.

(5) Notwithstanding subsections (2). (3) and (4) thc
Com~nission. pursuant to t l~c writtcn application of a racing
promoter conducting horse-races at an approved race-course. or
races of ally approved spccics oianimal at a licensed track, may,
by order. prohibit any book~iiaker by way of business at any
place from receiving or negotiating bets at declared odds on any
of such races.

(6) Any breach or infringement of any right conferred
011 the occupier of a racecourse or track, as tlie case may be, by
or pursuaiit to this section shall be actionable at tlie suit of the
occupier. and in any action for such breach or infringement all
such relief. by way of damages. i11.junction. accounts or other-
wise. sli.all be available to the occupier as is available to the
plaintiff in any corresponding proceedings in respect of infringe-
me,nts of proprietary rights and, notwithstanding anything to
the contrary :in any e ~ ~ a c t ~ i ~ e i ~ t or rule of law relating to the juris-
diction of Resident Magistrates' Courts, a Resident Magistrate's
Court may. on. the application of the occupier, grant an

';inj.unction restraining a breacli or infringement or apprehended
breach o r infringement of any such i ikh t as aforesaid whether

: . I

or not any other relief i s claimed: apd h r the purposis of this
subsection a right of tlie occupier is infiinged by any perSon
who. without the'authority of the occupier or. as the case may
be, the Commission. or otherwise than in conformity with such
authority-
. .

(ci ) carries on any !of111 of pool betting business on any
.

, . . .
. .

such race as aforesaid o r by way of business holds
himself out as willing to enter into any pool' bitting

. .
transaction on any such race; or

[The inclusion of this page.is authorized by L.N. 9 2 ~ 1 2 0 1 2 ~ '

(h) by way 01' business, rcccivcs or negotiates, or holds
himscll'out as willing to rcccivc or ncgotiatc, any bct
on any such race on such tcrms as arc mcntioncd in
paragraph (h) ol'subscction (2 ) .

(7) ]:very pcrson who, being authorized pursuant to
subsection (3) to rcceivc or negotiate bets on any such race, fails
to obscrvc any condition on which such authority is given, shall
bc guilty ol'an offence and shall bc liablc to a line not exceeding
two hundred thousand dollars and in default ol'paymcnt thcrcol' 1411oo1

\ X to imprisonment with or without hard labour for a term not
exceeding six months. 3012003

\ 5

Power of enlry on upproved ruc.ecour,ser und /ruck.,

27.-(1) Any person authorized in writing in that behalf by I 'oucrol
the Commission, subject to the production on demand of his :;g,y:d
authority, and any constable, may at all reasonable times enter rdcccour\c\

dnd t r d ~ h \ upon any approved racecourse or track tor the purpose of
ascertaining whether the provisions of Part I1 and this Part are 21ld\ch
being complied with; and every person who obstructs any
constable or other person in the exercise of his powers under
this section shall be guilty of an offence and liable to a fine not
exceeding fifty thousand dollars or in default of'payment thereof 3012003
to imprisonment with or without hard labour for a term not \ 5

exceeding two months.

( 2 ) The Commission shall furnish every authorized 111075
person with a certificate of appointment. 2nd \cli

PART IV. Con/ribu/ion.s by hookmuker.v, fi~r hen