Gambling and Betting
L.R.O.
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–4 ..
5–8 ..
9–26 ..
27–28 ..
29–34 ..
35–38 ..
39–56 ..
1 of 1986
3/1986
36 of 1989
4 of 1992
5 of 1995
8 of 1996
1 of 1997
2 of 2012
4 of 2014
3 of 1967
22 of 1973
39 of 1978
146/1982
3/1983
13 of 1983
7 of 1985
23/1985
198/1985
Act
22 of 1963
Amended by
LAWS OF TRINIDAD AND TOBAGO
GAMBLING AND BETTING ACT
CHAPTER 11:19
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Index of Subsidiary Legislation
Page
Gambling and Betting (Licences) Regulations (GN 87/1963) … … 50
Note on Subsidiary Legislation
The Gambling and Betting (Transitional Provisions) Regulations (GN 88/1963) has been
omitted because these Regulations are now spent.
Note on Adaptation
Certain fees in this Chapter were increased by the Commission under paragraph 4 of the
Second Schedule to the Law Revision Act (Ch. 3:03). Where this occurs, a marginal reference
in the form normally indicating an amendment is made to LN 51/1980 (the Legal Notice by
which the President’s approval was signified).
2 Chap. 11:19 Gambling and Betting
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 3
}
CHAPTER 11:19
GAMBLING AND BETTING ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation of Act.
PART I
GAMBLING
3. Interpretation of Part I.
4. Offences relating to gaming houses.
5. Persons gambling or being found in common gaming house.
6. Gambling in public place.
7. Using premises for gambling without permission of owner.
8. Presumptions.
9. Penalty for obstructing constable.
10. Exempted premises.
11. Conditions as to gambling in houses and clubs.
12. Persons present at gambling on premises deemed a common gaming
house.
13. (Repealed by Act No. 4 of 2014).
14.
to
15.
16. Additional saving for lotteries.
LOTTERIES
17. Interpretation of section 16 and sections 18 to 25.
18. Illegality of lotteries.
19. Offences in connection with lotteries.
20. Exemption of lotteries incidental to certain entertainments.
21. Exemption of certain small lotteries conducted for charitable,
sporting or other purposes.
(Repealed by Act No. 8 of 1996).
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22. Permission to hold small lotteries.
23. Sweepstake conducted by Turf Clubs.
24. Recovery of money and contract for sale of lottery ticket.
25. Action maintainable in respect of exempted lotteries.
PART II
BETTING
26. Interpretation of Part II.
27. Prohibition on use of premises for betting.
28. Prohibition of carrying on betting transactions subject to Act.
29. Betting office licences.
30. Permit to carry on betting business.
31. Conduct of licensed betting offices.
32. Conduct of pool betting business.
33. Deposit in respect of guarantee.
34. Pool betting duty.
34A. National tote system.
35. Definition of “bet” and “promoter”.
36. Levy on licensed betting offices.
37. Betting in streets.
38. Betting with young persons.
39. Cancellation of and disqualification for betting office licence.
40. Offences by holder of betting office licence.
PART IIA
CONTEST
40A. Interpretation.
40B. Registered business may promote contest.
40C. Business to obtain permission from the Board to promote contest.
40D. Permission to promote contest.
40E. Board to grant permission only in cases where goods or services are
purchased.
40F. Board to stipulate conditions for promoting contest.
40G. Conditions to be stipulated by Board.
40H. Persons refused permission may apply to Minister.
ARRANGEMAENT OF SECTIONS—Continued
SECTION
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 5
PART III
MISCELLANEOUS AND GENERAL
41. Enforcement and penalties.
Power to search without warrant.
42. Unclaimed moneys.
43. Offences of sending money abroad.
44. Trinidad and Tobago Post may open suspect postal article on warrant
of President.
45. Regulations.
46. Application of Part II to Turf Club.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
FOURTH SCHEDULE.
SECTION
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22 of 1963.
Commencement.
83/1963.
Short title.
Interpretation of
Act.
[3 of 1967
36 of 1989
8 of 1996].
Interpretation of
Part I.
CHAPTER 11:19
GAMBLING AND BETTING ACT
An Act respecting Gambling, Lotteries and Betting.
[20TH JULY 1963]
1. This Act may be cited as the Gambling and Betting Act.
2. In this Act—
“Board” means the Board of Inland Revenue;
“Trinidad and Tobago Turf Clubs” or “Turf Club” means any one
of the following:
(i) the Trinidad Turf Club;
(ii) the Arima Race Club;
(iii) the New Union Park Turf Club;
(iv) the Tobago Race Club; and
(v) the Trinidad Race Club,
as the case may be;
“winnings” includes winnings of any kind and any reference to
amount and to payment in relation to winnings shall be
construed accordingly.
PART I
GAMBLING
3. (1) In this Part—
“common gaming house” includes any premises kept or used for
gambling;
“gamble” means to play at or to engage in any game of chance
for winnings in money or money’s worth;
“game of chance” includes a game of chance and skill combined
and a pretended game of chance or of chance and skill
combined, but does not include any athletic game or sport;
“instruments or appliances for gambling” include all articles other
than money that are used in or for the purpose of gambling;
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 7
Offences
relating to
gaming houses.
“occupier” means any person in actual occupation of the whole
or any part of any premises;
“owner” means the person for the time being receiving or entitled
to receive the rents of any house, building, yard or other
place, or his agent, and includes joint tenants and tenants in
common;
“premises” means any house, office, room or building, and any
place or spot, whether open or enclosed, and includes a ship,
boat or other vessel whether afloat or not, and any vehicle.
(2) For the purposes of this Part premises shall be deemed
to be used for gambling if it is so used on but one occasion only.
4. A person is guilty of an offence and liable on summary
conviction to a fine of one thousand five hundred dollars or to
imprisonment for twelve months who—
(a) being the owner or occupier or having the use
temporarily or otherwise thereof, keeps or uses
any premises as a common gaming house; or
(b) permits any premises of which he is the owner or
occupier, or of which he has the use temporarily
or otherwise, to be used as a common gaming
house; or
(c) has the control or management of, or in any
manner assists or is engaged in the management
of, any premises kept or used as a common
gaming house; or
(d) announces or publishes, or causes to be
announced or published, either orally or by means
of any print, writing, design, sign or otherwise,
that any premises is opened, kept or used as a
common gaming house, or in any manner invites
or solicits any person to play in a common gaming
house; or
(e) advances, furnishes or receives money for the
purpose of establishing or conducting the
business of a common gaming house.
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Persons
gambling or
being found in
common
gaming house.
Gambling in
public place.
Using premises
for gambling
without
permission of
owner.
Presumptions.
5. (1) Any person who gambles in a common gaming
house is liable on summary conviction to a fine of seven hundred
and fifty dollars or to imprisonment for six months.
(2) Where any person is found in a common gaming
house, or is found escaping therefrom on the occasion of its being
entered under the provisions of this Act, that person shall be
presumed, until the contrary is proved, to be or to have been
gambling therein.
6. All persons found at any time gambling, or assembled
together for such purpose in any public or open place are liable
on summary conviction to a fine of seven hundred and fifty
dollars or to imprisonment for six months.
7. (1) Any person found using any premises for the purpose
of gambling without the permission of the owner or occupier
thereof is liable on summary conviction to a fine of seven hundred
and fifty dollars or to imprisonment for six months.
(2) For the purposes of subsection (1) the onus of proving
such permission shall be upon the person alleging the same.
8. It shall be presumed, until the contrary is proved, that any
premises is a common gaming house and that the same is so kept
or used by the occupier or person having the use temporarily or
otherwise thereof if—
(a) any instruments or appliances for gambling are
found therein or upon any person found
escaping therefrom where such premises is
entered under section 41; or
(b) any constable or officer duly authorised or
empowered under the said section 41 is wilfully
prevented from, or obstructed or delayed in,
entering or approaching the premises; or
(c) there is adduced evidence that gambling took
place on those premises in circumstances other
than those described in section 11(1)(a), (b) or (c).
8 Chap. 11:19 Gambling and Betting
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 9
Penalty for
obstructing
constable.
Exempted
premises.
[4 of 2014].
Ch. 21:01.
Ch. 84:10.
Conditions as to
gambling in
houses and
clubs.
9. Any person who wilfully prevents, obstructs, or delays, any
constable or officer duly authorised or empowered under section 41
from or in entering or approaching any premises or uses any means
or contrivance whatsoever for the purpose of preventing,
obstructing or delaying the entry of any such constable or officer
into such premises is liable on summary conviction to a fine of one
thousand five hundred dollars, or to imprisonment for three months.
10. (1) Notwithstanding anything contained in this Part,
other than the provisions relating to lotteries, but subject to
section 11, the following premises shall be deemed not to be
common gaming houses and are exempt from the provisions of
this Act that render a person liable to be convicted of an offence
for gambling in or suffering any games or gambling in, or for
keeping or using or being concerned in the management or
conduct of a common gaming house, that is to say:
(a) a private dwelling house;
(b) a members’ club within the meaning of the
Registration of Clubs Act that is permitted under
the said Act to carry on gambling as an activity
of the club in pursuance of part only of its
common object; or
(c) premises specified in a licence referred to in
section 35(3) or (4) of the Liquor Licences Act,
which are permitted to host amusement games
under that Act.
(2) For the purposes of this section, “amusement game”
means an electro-mechanical game or device set in operation wholly
or partly by the insertion of money or moneys’ worth and so
constructed as to return to the person inserting the money or moneys’
worth, in certain circumstances, money or moneys’ worth to the
maximum pay out per game of five thousand dollars per game.
11. (1) Subject to the provisions of this Act, gambling may
be conducted on the premises referred to in section 8, and if so
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conducted shall be conducted in accordance with the following
conditions, that is to say:
(a) that either:
(i) the chances in the game are equally
favourable to all the players; or
(ii) the gambling is so conducted that the
chances therein are equally favourable to
all the players;
(b) that no money or money’s worth which any of
the players puts down as stakes, or pays by way
of losses, or exchanges for tokens used in
playing the game, is disposed of otherwise than
by payment to a player as winnings;
(c) that, apart from any reasonable sum that may be
added to the annual or other subscription for
membership of any member to meet the cost of
procuring and maintaining instruments and
appliances for the gambling, no other payment
in money or money’s worth is required for a
person to take part in the gambling; and
(d) that no person took part in the gambling who
was not either—
(i) a member of the club in pursuance of an
application for membership made more
than twenty-four hours before the
gambling began; or
(ii) a bona fide guest of such a member;
(e) that no payment of money or money’s worth was
required in order to obtain access to the premises,
and if any gambling takes place on any premises referred to in
section 8 contrary to paragraphs (a) to (e) above, then it shall be
held that the premises was a common gaming house, unless it is
proved that the gambling was conducted in accordance with the
conditions set out in the said paragraphs (a) to (e).
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 11
Persons present
at gambling on
premises
deemed a
common
gaming house.
(2) Nothing in this Part shall render a person liable to be
convicted for gambling on any premises held, in pursuance of
subsection (1) to be a common gaming house, by reason only of
an infringement of subsection (1)(c), if the person charged proves
that he was not required to make, or to undertake to make, any
payment such as is mentioned in the said subsection (1)(c) and
that he neither knew nor had reasonable cause to suspect that any
other person was so required.
(3) If any gambling takes place on any premises that is
held in pursuance of subsection (1) to be a common gaming
house any person concerned in the organisation or management
of the gambling is guilty of an offence; and for the purposes of
this subsection any person who took part in procuring the
assembly of players shall be deemed to have been concerned in
the organisation of the gambling.
12. (1) Any person who is present at any gambling on
premises, held in pursuance of section 11(1) to be a common
gambling house, for the purposes of taking part therein, is liable on
summary conviction to a fine of seven hundred and fifty dollars or
to imprisonment for three months, save that, for the purposes of
any proceedings under this section, section 11(1)(c) shall be
deemed to be omitted if the person charged proves that he was not
required to make, or to undertake to make, any payments such as
is mentioned in section 11(1)(c) and that he neither knew nor had
reasonable cause to suspect that any other person was so required.
(2) For the purposes of subsection (1) proof that any
person was present at any gambling shall be evidence that he was
present for the purpose of taking part therein unless he proves
that he was present neither for that purpose nor for any of the
following purposes, that is to say, taking part in the management
of the gambling, operating any instruments or other thing
whatsoever used in connection with the gambling, or making bets
with respect to the gambling.
13. (Repealed by Act No. 4 of 2014).
14.
(Repealed by Act No. 8 of 1996).to
15. }
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16. (1) Notwithstanding any rule of law, for the purpose of
any provision of this Act relating to betting, the expression “bet”
shall not include any bet or stake at any gambling conducted in
accordance with section 11(1) on premises exempted from
certain provisions of this Part by section 10.
(2) Notwithstanding any rule of law, but subject to Part II—
(a) the making of bets by way of pool betting,
within the meaning of Part II; and
(b) participation in any lottery which satisfies the
conditions set out in subsection (3),
shall be deemed not to be gambling for the purposes of any
provision of this Part relating to gambling in or being present at
any gambling on or being concerned in the organisation or
management of, any premises exempted from certain provisions
of, this Part by section 10, if the gambling is conducted as is
mentioned in section 11.
(3) The conditions referred to in subsection (2)(b) are—
(a) that the lottery is a lottery declared by sections
20 and 21 not to be an unlawful lottery; and
(b) that each winner of a prize is ascertained either
by the result of a draw or other determination or
the outcome of an event.
LOTTERIES
17. (1) In section 16 and sections 18 to 25—
“lottery” includes any game, method or device whereby money
or money’s worth is distributed or allotted in any manner
depending upon or to be determined by chance or lot; and
also includes the game or pretended game called or known
as “whé-whé” or any similar game;
“money” includes a cheque, promissory note, banknote, postal
order or money order;
“ticket” includes, in relation to any lottery or proposed lottery,
any document or token or other article whatsoever
evidencing the claim of a person to participate in the
chances of the lottery;
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Additional
saving for
lotteries.
Interpretation
of section 16
and sections 18
to 25.
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 13
Illegality of
lotteries.
Offences in
connection with
lotteries.
(2) For the purposes of sections 18 to 25—
(a) references to printing shall be construed as
including references to writing and other modes
of representing or reproducing words or
symbols in a visible form; and
(b) documents or other matters shall be deemed to
be distributed if they are distributed to persons
or places whether within or outside Trinidad and
Tobago and the expression “distribution” shall
be construed accordingly;
(c) a lottery shall be treated as continuing so to be,
notwithstanding that some condition or
requirement involving skill in addition to the
happening or fall of chance or lot is necessary to be
fulfilled before the prizes are distributed or allotted.
18. Subject to this Act, all lotteries are unlawful.
19. (1) Subject to the provisions of this section, any person
who in connection with any lottery promoted or proposed to be
promoted either in Trinidad and Tobago or elsewhere—
(a) prints any tickets for use in the lottery; or
(b) sells or distributes, or offers or advertises for
sale or distribution, or has in his possession for
the purpose of sale or distribution, any ticket or
chance in the lottery;
(c) prints, publishes or distributes, or has in his
possession for the purpose of publication or
distribution—
(i) any advertisement of the lottery;
(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;
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(d) brings or invites any person to bring or send,
into Trinidad and Tobago for the purpose of sale
or distribution any ticket in, or advertisement of,
the lottery;
(e) sends or attempts to send out of Trinidad and
Tobago any ticket or chance in the lottery, any
money or valuable thing received in respect of the
sale or distribution, or any document recording
the sale or distribution, or identity of the holder, of
any ticket or chance in the lottery;
(f) uses any premises, or causes or knowingly
permits any premises over which he has care or
control to be used, for purposes connected with
the promotion or conduct of the lottery;
(g) draws, throws or declares or exhibits expressly
or otherwise the winner or winning number,
ticket, lot, figure, design, symbol or other result
of any lottery;
(h) has in his possession or under his control any
paper or other record whatsoever having thereon
any mark or marks commonly known as “whé-
whé” marks or similar to such marks; or
(i) causes, procures or attempts to procure any
person to do any of the above-mentioned acts,
is liable on summary conviction to a fine of three thousand
dollars or to imprisonment for twelve months.
(2) In any proceedings instituted under subsection (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.
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 15
Exemption of
lotteries
incidental to
certain
entertainments.
[51/1980].
20. (1) Notwithstanding the provisions of this Act, a lottery
promoted as an incident of entertainment to which this section
applies shall be deemed not to be an unlawful lottery and is
exempt from the requirements of this Act except that the conditions
specified in subsection (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 is guilty of an offence unless he proves that
the offence was committed without his consent or connivance
and that he exercised all due diligence to prevent it.
(2) The conditions referred to in subsection (1) are that—
(a) the whole of the proceeds of the entertainment
(including the proceeds of the lottery) after
deducting the expenses of the entertainment,
including expenses incurred in connection with
the lottery, and in particular—
(i) the expenses incurred in printing tickets
in the lottery; and
(ii) such sum, if any, not exceeding one
hundred and fifty dollars as has been
expended by the promoters of the lottery
on account of any expense incurred by
them in purchasing prizes in the lottery,
shall be devoted to purposes other than private gain;
(b) none of the prizes in the lottery shall be money
prizes;
(c) tickets or chances in the lottery shall not be sold
or issued, nor shall the result of the lottery be
declared, except in the premises on which the
entertainment takes place and during the
progress of the entertainment; and
(d) the facilities afforded for participating in lotteries
shall not be the only, or the only substantial,
inducement to persons to attend the entertainment.
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Exemption of
certain small
lotteries
conducted for
charitable,
sporting or other
purposes.
[51/1980].
(3) The entertainments to which this section applies are
bazaars, sales of work, fetes (dinners, dances, sporting or athletic
events) and other entertainments of a similar character, whether
limited to one day or extending over two or more days.
(4) A person guilty of an offence under this section is liable
on summary conviction to a fine of seven hundred and fifty dollars.
(5) It shall be a defence for a person charged with an
offence under subsection (1) only by reason of his being the
promoter to prove that the contravention took place without his
consent or connivance and that he exercised all due diligence to
prevent it.
21. (1) This section applies to any lottery (not being a lottery
which is deemed not to be unlawful by section 20) which is
promoted in Trinidad and Tobago on behalf of a society to whom
permission is granted by the Commissioner of Police under
section 22, being a society established and conducted wholly or
mainly for one or more of the following purposes, that is to say:
(a) charitable purposes;
(b) participation in or support of athletic sports or
games or cultural activities;
(c) purposes not described in the foregoing
paragraphs, and not being purposes of private
gain or purposes of any commercial undertaking,
and is so promoted for raising money to be applied for purposes
of the society.
(2) Notwithstanding the provisions of this Act, a lottery
to which this section applies shall be deemed not to be an unlawful
lottery and is exempt from the requirements of this Act, except
that the following conditions shall be observed in connection with
the promotion and conduct of the lottery, that is to say:
(a) the promoter of the lottery shall be a member of
the society authorised in writing by the
governing body of the society to act as such;
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 17
(b) no remuneration shall be paid in respect of the
lottery to the promoter or to any person
employed by him in connection therewith other
than sums lawfully appropriated on account of
expenses in respect of ticket seller’s
commissions, printer’s fees, advertisement fees
and such other like fees and expenses;
(c) except with the approval of the Minister, no
prize shall exceed one thousand five hundred
dollars in amount or value, and no ticket or
chance shall be sold at a price exceeding one
dollar and fifty cents;
(d) the whole proceeds, after deducting sums
lawfully appropriated on account of expenses or
for the provision of prizes, shall be applied to
purposes of the society, being purposes
described in subsection (1)(a), (b) or (c);
(e) except as otherwise permitted by the
Commissioner of Police, 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, and the amount of the proceeds
appropriated for the provision of prizes shall not
exceed one-half of the whole proceeds;
(f) the price of every ticket or chance shall be the
same, and the price of any ticket shall be stated
on the ticket;
(g) except with the approval of the Minister, the
total value of the tickets or chances sold shall
not exceed ten thousand dollars;
(h) every ticket and every notice of advertisement
of the lottery lawfully exhibited, distributed or
published, shall specify the name of the society,
the name and address of the promoter and the
date on which the draw or other determination
by which the prize-winners are ascertained will
take place;
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Permission to
hold small
lotteries.
Sweepstake
conducted by
Turf Clubs.
[36 of 1989].
(i) no payment on account of expenses or prizes
shall be made out of moneys of the society not
being proceeds of the lottery; and
(j) no ticket or chance shall be sold by or to a
person under sixteen years of age.
(3) If any condition required by subsection (2) to be
observed in respect of a lottery is contravened, the promoter of
the lottery and any other person who is a party to the
contravention are liable on summary conviction to a fine of one
thousand five hundred dollars.
(4) It shall be a defence for a person charged with an
offence under subsection (3) by reason of his being the promoter
to prove that the contravention took place without his consent or
connivance and that he exercised all due diligence to prevent it.
22. The Commissioner of Police may, in his discretion, grant
permission to a society, established and conducted wholly or
mainly for any of the purposes specified in section 21(1)(a), (b)
and (c), to promote and conduct lotteries in accordance with the
said section 21.
23. (1) Notwithstanding the provisions of this Act, any
sweepstake organised and controlled by a Turf Club in
connection with any race meeting conducted by such Turf Club
and recognised by the Trinidad Turf Club shall be deemed not to
be an unlawful lottery and is exempt from the requirements of
this Act other than subsections (2) and (3).
(2) There shall be charged on every ticket sold or issued
in connection with any such sweepstake a duty to be known as
sweepstake duty calculated as follows:
(a) in respect of every ticket issued and sold for
such a sweepstake—
(i) when the sweepstake is conducted in
connection with, but such tickets are not
issued and sold exclusively at, any race
meeting held as aforesaid, the sum of
18 Chap. 11:19 Gambling and Betting
LAWS OF TRINIDAD AND TOBAGO
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UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 19
Ch. 21:53.
Recovery of
money and
contract for sale
of lottery ticket.
Action
maintainable in
respect of
exempted
lotteries.
three cents when the price does not
exceed ten cents, and a further two cents
on every additional ten cents or part
thereof in respect of such price;
(ii) when such sweepstake is conducted in
connection with and such tickets are issued
and sold exclusively at any race meeting
held as aforesaid, the sum of two cents when
the price does not exceed twelve cents and a
further two cents on every additional twelve
cents or part thereof in respect of such price;
(b) in respect of every ticket issued and sold for the
lottery known as consolation sweepstake, the sum
of three cents when the price does not exceed twelve
cents and a further three cents on every additional
twelve cents or part thereof in respect of such price.
(3) The sweepstake duty collected by a Turf Club in
pursuance of subsection (2), shall be paid to the Betting Levy
Board, established under the Betting Levy Board Act.
24. (1) Any money or money’s worth paid, deposited for or
in respect of the purchase of a lottery ticket other than a ticket sold
in a lottery exempted from the provisions of this Part by section
20, 21 or 23 shall be recoverable as money had and received to the
use of the person by whom the same was paid or deposited.
(2) Subject to section 25 every sale or contract for sale of
a ticket in any lottery is void, and no action shall be maintained
by any person in respect of such sale or contract except by the
purchaser for the return of the money or other consideration, if any,
paid thereon.
25. Notwithstanding section 24 or any rule of law, for the
purposes of any provisions of this Act, an action shall lie upon
any sale or contract for sale of a lottery ticket sold in a lottery
exempted from the provisions of this Part by section 20, 21 or 23.
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PART II
BETTING
26. (1) In this Part—
(a) “betting office licence” means a licence
authorising the holder thereof to use any
premises, in respect of which the licence is for
the time being in force, as a betting office;
(b) “betting transaction” includes the collection of,
or payment of winnings on a bet and any
transaction in which one or more of the parties
is acting in the manner described in section
28(1)(a) or (b);
(c) “contravention” in relation to any requirement,
includes a failure to comply with that requirement,
and “contravene” shall be construed accordingly;
(d) “football pools” means any pool betting that is
effected on or by way of the result of football
matches wherever played;
(e) “foreign pools operator” means an agent or
representative of a principal who, in his own
right and not as agent of another, carries on pool
betting business in respect of football pools,
outside Trinidad and Tobago;
(f) “licensed betting office” means premises in
respect of which a betting office licence is for
the time being in force;
(g) “pool betting business” means business
involving the receiving or negotiating of bets
made by way of pool betting;
(h) “totalisator” means the contrivance for betting
known as the totalisator or pari-mutuel, or any
other machine or instrument of betting of a like
nature, whether mechanically operated or not.
(2) For the purpose of this Act, bets shall be deemed to
be made by way of pool betting either—
(a) whenever a number of persons make bets on
terms that the winnings of such of those persons
20 Chap. 11:19 Gambling and Betting
LAWS OF TRINIDAD AND TOBAGO
Interpretation
of Part II.
[5 of 1995].
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 21
Prohibition on
use of premises
for betting.
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 all those persons, whether
the bets are made by means of a totalisator or by
filling up and returning coupons or other printed
or written forms, or otherwise howsoever; or
(b) whenever a number of persons make bets 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 in any proportions
among such of those persons as are winners;
(c) whenever a number of persons make bets on
participants in an event, upon terms that the
winnings of such persons as are winners, shall be
determined by reference to the total amount waged
on participants prior to the start of the event.
27. (1) Subject to the provisions of this Act, no person shall
use, or cause or knowingly permit any other person to use, any
premises for the purpose of the effecting by that person or, as the
case may be, by that other person of betting transactions; and any
person who contravenes this subsection is liable on summary
conviction to a fine of two thousand five hundred dollars or to
imprisonment for twelve months.
(2) 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) is liable on
summary conviction to a fine of seven hundred and fifty dollars.
(3) For the purposes of subsection (2) proof that any
person was on any 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 bona fide purposes which
were not connected with the effecting of a betting transaction.
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28. (1) Except in accordance with the provisions of this
Act no person shall—
(a) whether on his own account or as servant or
agent to any other person carry on the business
of receiving or negotiating bets or conducting
pool betting operations; or
(b) by way of business in any manner hold himself
out, or permit himself to be held out, as a person
who receives or negotiates bets or conducts such
operations.
(2) Notwithstanding anything contained in this Act, a
servant or agent of the holder of a betting office licence may
carry on such business as is mentioned in subsection (1)(a) or (b)
on the premises in relation to which that licence is for the time
being in force without being the holder of a permit to do so.
(3) A person who contravenes the provisions of
subsection (1) is guilty of an offence and is liable on summary
conviction to a fine of two hundred and fifty thousand dollars and
to imprisonment for two years.
(4) A person who places or negotiates a bet with another
person who contravenes subsection (1), is guilty of an offence
and is liable on summary conviction to a fine of five thousand
dollars and to imprisonment for three months.
29. (1) A person who is the holder of a betting office licence
in respect of any premises in relation to which that licence is for
the time being in force may use those premises for the effecting
of any betting transaction by or through that person or any
servant or agent of his.
(2) Any person who meets the requirements of
paragraph 14 of the First Schedule, and whose premises meet the
requirements of paragraph 15 of the said Schedule, may apply for
a licence to operate a betting office.
(3) Subject to this section, the Rules contained in the
First Schedule shall have effect for the purposes of betting office
22 Chap. 11:19 Gambling and Betting
LAWS OF TRINIDAD AND TOBAGO
Prohibition of
carrying on
betting
transactions
subject to Act.
[36 of 1989
5 of 1995
2 of 2012].
Betting office
licences.
[3 of 1967
22 of 1973
36 of 1989
5 of 1995].
First Schedule.
First Schedule.
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 23
First Schedule.
Permit to carry
on betting
business.
Conduct of
licensed betting
offices.
Second
Schedule.
licences and a permit to carry on such business as is mentioned
in section 28(1)(a) or (b).
(4) 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.
(5) A betting office licence granted to a foreign pools
operator entitles that person to carry on pool betting business as
a foreign pools operator only and no other betting transaction
may be effected by such person and a betting office licence
granted to any other person does not entitle that person to carry
on business as a foreign pools operator.
(6) Nothing in this Act shall be construed so as to permit
the authority (within the meaning of paragraph 2 of the First
Schedule) to grant any applicant a certificate or certificates
authorising the issue of more than one betting office licence of
which the applicant was the holder.
30. A person desiring permission to carry on such business as
is mentioned in section 28(1)(a) or (b), may apply for the grant
of a permit to do so in accordance with the provisions of this Act.
31. (1) A licensed betting office shall be managed in
accordance with the rules set out in the Second Schedule, and in
the case of any contravention of any of those rules the licensee
and any servant or agent of the licensee by whom the
contravention was committed is liable on summary conviction to
a fine of five hundred dollars.
(2) Where any person is charged with an offence under
subsection (1) by reason only of his being a licensee, it shall be a
defence to prove that the contravention took place without his consent
or connivance and that he exercised all due diligence to prevent it.
(3) Without prejudice to any other right to refuse a
person admission to premises or to expel a person from premises,
in the case of a licensed betting office the licensee or any servant
or agent of his may refuse to admit to, or may expel from, the
licensed premises any person who is drunken, violent,
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Conduct of pool
betting business.
Third Schedule.
Deposit in
respect of
guarantee.
[51/1980
4 of 2014].
quarrelsome or disorderly, or whose presence on those premises
would subject the licensee or any servant or agent of his to a
penalty under subsection (1); and if any person liable to be
expelled from the licensed premises under this subsection, when
requested by the licensee, any servant or agent of the licensee or
any constable to leave those premises, fails to do so, he is liable
on summary conviction to a fine of seventy-five dollars.
(4) Any constable may, on the request of the licensee or
any servant or agent of the licensee, help to expel from a licensed
betting office any person whom the constable has reasonable
cause to believe to be liable to be expelled therefrom under
subsection (3), and the constable may use such force as may be
required for that purpose.
(5) Any constable may enter any licensed betting office
for the purpose of ascertaining whether the provisions of
subsection (1) are being complied with, and any person who
obstructs any constable in the exercise of his powers under this
subsection is liable on summary conviction to a fine of one
hundred and fifty dollars.
32. The Third Schedule shall have effect for the purpose of
regulating the conduct of pool betting business.
33. (1) The holder of a betting office licence, other than the
Turf Club, shall deposit in the Treasury the sum of one hundred
thousand dollars in respect of his betting business and the deposit
shall be invested in the discretion of the Minister in liquid
securities and the interest thereon paid to the depositors thereof at
yearly intervals.
(2) In the event of such holder of a betting office licence
failing to pay any claim validly made on him in respect of a
betting transaction, so much of the deposit referred to in
subsection (1) as is necessary to meet the amount of such claim
shall be applied for that purpose, but if the deposit is insufficient
for the purpose the amount necessary to meet the balance of such
claim may, notwithstanding any rule of law to the contrary, be
recovered by action.
24 Chap. 11:19 Gambling and Betting
LAWS OF TRINIDAD AND TOBAGO
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 25
(3) For the purposes of subsection (2) the validity of any
claim in respect of a betting transaction—
(a) shall be determined by the Comptroller where
the amount of such claim does not exceed five
hundred dollars;
(b) may be determined by the Comptroller with the
consent of the parties thereto where the claim
exceeds five hundred dollars,
and where a claim is so determined the decision of the
Comptroller shall in either case be final for all purposes.
(4) Notwithstanding any rule of law to the contrary, but
subject to subsection (3), an action shall lie for the recovery of
any amount claimed in respect of any betting transaction
conducted by the holder of a betting office licence.
(5) Where the deposit or a part thereof is to be applied to
meet the amount of any claim is held to be valid by the Comptroller
or by a Court, the amount shall be paid out of the deposit.
(6) Where the amount of any claim is held to be valid by
a Court the Clerk of the Court or the Registrar thereof shall send
a certified copy of the order or judgment to the Comptroller
within twenty-one days of the making of such order or judgment.
(7) Where a payment is made by the Treasury out of a
deposit in satisfaction of any claim in respect of a betting
transaction, the amount by which the deposit required by
subsection (1) to be deposited in the Treasury is thereby reduced
shall be deposited in the Treasury before a person or any of his
servants or agents undertake any further betting transactions.
(8) The holder of a betting office licence, other than the
Turf Club, who effects any betting transaction—
(a) without making a deposit required by subsection
(1); or
(b) without depositing the amount required to be
deposited in the circumstances set out in
subsection (7),
is liable to a fine of one thousand five hundred dollars.
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Pool betting
duty.
[23/1985
198/1985
1 of 1986
3/1986
36 of 1989
5 of 1995].
Fourth
Schedule.
Fourth
Schedule.
National tote
system.
[5 of 1995].
34. (1) There shall be charged on all bets made whether by
way of tote, forecast, trifecta or other pool betting, a duty to be
known as pool betting duty.
(1A) Notwithstanding subsection (1) the pool betting duty
in respect of bets placed with the Turf Clubs shall be as follows:
(a) race meetings held in Tobago—2.5 per cent;
(b) race meetings held in Trinidad—10 per cent.
(2) The pool betting duty shall be paid by the promoter.
(3) The supplemental provisions set out in the Fourth
Schedule shall have effect with respect to the pool betting duty.
(4) This section and the Fourth Schedule shall apply in
relation to all bets, wherever made, where the promoter of the
betting is the holder of a betting office licence.
(5) (Deleted by Act No. 36 of 1989).
(6) This section and the Fourth Schedule shall not apply
in relation to any bet made before the commencement of this Act.
(7) Where a licensee fails to pay a licence fee in
accordance with this section, he is guilty of an offence and is
liable on summary conviction to a fine of fifty thousand dollars
and to imprisonment for six months, in addition to which his
licence may be revoked.
(8) Where the licensee is liable to pay the tax at the rate
of ten per cent, the taking of any bet on which the tax is not paid
or collected is deemed to be an offence and is punishable in
accordance with section 28(3).
34A. (1) There shall be established for the purpose of
regulating betting by way of tote, forecast, trifecta or other pool
betting, as carried on through the Turf Clubs on race days, a
National Tote System (hereinafter called “the system”).
(2) The system shall be administered by an approved
body which shall be responsible for the provision of all
totalisators at all licensed betting pool outlets, or betting pool
offices, licensed for the purpose of the system.
26 Chap. 11:19 Gambling and Betting
LAWS OF TRINIDAD AND TOBAGO
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 27
First Schedule.
Definition of
“bet” and
“promoter”.
Third Schedule.
Fourth
Schedule.
(3) Subject to this section, the provisions of sections 28
to 31, and the First Schedule apply mutatis mutandis to the pool
betting outlets as they apply to the betting offices.
(4) There shall be charged at the rate of ten per cent, a
tax on all bets placed with the system, in any manner whatever,
payable every week on the Wednesday following the week in
which the tax is deducted.
(5) Payment of the tax charged in accordance with this
section shall be made to the Betting Levy Board by the approved
body.
(6) Where a licensee fails to pay a licence fee in
accordance with this section, he is guilty of an offence and is
liable on summary conviction to a fine of fifty thousand dollars
and to imprisonment for six months, in addition to which his
licence may be revoked.
(7) Where the licensee is liable to pay tax at the rate of
ten per cent, the taking of any bet on which the tax is not paid or
collected is deemed to be an offence and is punishable in
accordance with section 28(3).
(8) In this section, “approved body”, means the Trinidad
Race Club or any other body authorised to assume its
responsibility for conducting live racing.
35. (1) In sections 34 and 36 and the Third and Fourth
Schedules—
“bet” does not include the taking of a ticket or chance in any
lottery which by virtue of sections 20, 21 and 23 is to be
deemed not to be an unlawful lottery;
“promoter” 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, and includes a foreign pools operator.
(2) For the purposes of this Act any bet that is not
deemed to be by way of pool betting shall be deemed to be a bet
at fixed odds.
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Levy on
licensed betting
offices.
[4 of 1992
5 of 1995
2 of 2012].
Ch. 21:53.
(3) For the purposes of the pool betting duty where any
payment in respect of the duty is made before a person is entitled
to make a bet by way of pool betting that payment shall, if he
makes the bet, be treated as part of the bet.
36. (1) There shall be charged upon all bets placed at fixed
odds in any manner whatever at a licensed betting office, a tax at
the rate of ten per cent or an annual levy of four hundred
thousand dollars whichever is greater.
(2) The tax of ten per cent chargeable under subsection
(1), shall be paid to the Betting Levy Board established under the
Betting Levy Board Act, by the holder of the betting office
licence pertaining to the betting office, every week by the
Wednesday following the week in which the tax is deducted.
(3) The annual levy chargeable under subsection (1),
shall be paid in four quarterly installments of one hundred
thousand dollars on or before 2nd January, 1st April, 1st July and
1st October of each year, commencing in the year 1995.
(4) Where at the end of any quarter—
(a) the levy paid under subsection (3) is in excess
of the tax paid under subsection (2), the Board
shall make a refund of the tax;
(b) the tax paid under subsection (2) is greater than
the levy paid under subsection (3), the Board
shall make a refund of the levy.
(5) Where the licensee fails to pay the tax or levy in
accordance with this section, he is guilty of an offence and is
liable on summary conviction to a fine of two hundred and fifty
thousand dollars and to imprisonment for two years and in
addition the licence may be revoked.
(6) Where a licensee is liable to pay tax at the rate of ten
per cent, the taking of any bet on which the tax is not paid or
collected is deemed to be an offence and is punishable in
accordance with section 28(3).
28 Chap. 11:19 Gambling and Betting
LAWS OF TRINIDAD AND TOBAGO
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 29
First Schedule.
Betting in
streets.
[36 of 1989].
Betting with
young persons.
(7) This section does not apply to any of the Trinidad
and Tobago Turf Clubs.
(8) This section is in addition to and not in derogation of
paragraph 17(2) of the First Schedule.
37. (1) Any person frequenting or loitering in streets or
public places on behalf either of himself or of any other person
for the purpose of contravening section 28, or betting or wagering
or agreeing to bet or wager, or paying or receiving or settling bets
is liable on summary conviction to a fine of four thousand dollars
and imprisonment for six months and is also liable to the
forfeiture of all books, cards, papers and other articles relating to
betting transactions that may be found in his possession.
(2) A constable may take into custody without warrant
any person found committing an offence under subsection (1) and
may seize and detain any article liable to be forfeited under the
said subsection.
(3) For the purpose of this section “street” includes any
highway, public bridge, road, lane, footway, square, court, alley or
passage, whether a thoroughfare or not; and “public place” includes
any public park, garden or sea-beach, and any unenclosed ground to
which the public for the time being have unrestricted access.
(4) Nothing in this section shall apply to a Turf Club in
respect of betting transactions carried on upon any ground used
for the purpose of holding horse race meetings by the Turf Clubs
on days on which races take place.
38. (1) If any person—
(a) has any betting transaction with a young person; or
(b) employs a young person in the effecting of any
betting transaction or in a licensed betting office; or
(c) receives or negotiates any bet through a young
person,
and knows or ought to know that such person is a young person
he is liable on summary conviction to a fine of seven hundred and
fifty dollars.
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Cancellation of
and
disqualification
for betting
office licence.
[3 of 1967].
(2) A person shall not be guilty of an offence under
subsection (1) by reason of the carriage by a young person of a
communication relating to a betting transaction for the purposes
of its conveyance by post.
(3) In this section, the expression “young person” means
a person—
(a) who is under the age of eighteen years or who
being under the age of twenty years is a student
on the roll of a primary or secondary school; or
(b) who is apparently under the age of eighteen years.
(4) Notwithstanding subsections (1) and (2), in the case
of any proceedings for an offence under this section in respect of
a person apparently under the age of eighteen years it shall be a
defence to prove that at the time of the alleged offence he had in
fact attained that age or where it is proved that he was under the
age of eighteen years that he appeared to have attained that age.
39. (1) If the holder of a betting office licence is convicted—
(a) of an offence under section 27, 37 or 38; or
(b) of any offence involving fraud or dishonesty,
the Court by which he is convicted shall, in addition to any
penalty imposed for that offence, order that his licence shall be
forfeited and cancelled and that the payment of all duties and
taxes payable under this Act and all valid claims shall be made
out of the deposit referred to in section 33.
(2) An order under subsection (1) shall be deemed for the
purposes of any appeal to be part of the sentence for the offence;
and the licence 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.
30 Chap. 11:19 Gambling and Betting
LAWS OF TRINIDAD AND TOBAGO
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 31
First Schedule.
Offences by
holder of betting
office licence.
[3 of 1967].
Interpretation.
[1 of 1997].
Ch. 21:04.
Ch. 75:06.
(3) A person whose betting office licence is forfeited
and cancelled in pursuance of an order under subsection (1) shall
be disqualified for life for holding or obtaining a licence.
(4) Where a betting office licence is forfeited and
cancelled in pursuance of an order under subsection (1) the clerk
of the Court by which the order was made shall send a copy of
the order to the authority referred to in the First Schedule.
40. (1) Any holder of a betting office licence who employs
in his betting transactions any person known to be disqualified
under this Act for holding or obtaining a licence is liable on
summary conviction to a fine of four thousand dollars.
(2) If the holder of a betting office licence, on being
required by a constable to produce his licence for examination,
refuses or without reasonable cause fails to do so he is liable on
summary conviction to a fine of one hundred and fifty dollars.
PART IIA
CONTEST
40A. In this Part—
“Board” means the National Lotteries Control Board established
under the National Lotteries Act;
“business” means any trade or profession registered under the
Value Added Tax Act;
“conditions” includes orders or directives issued by the Board;
“contest” means any contest, competition, method or device
organised on a sales promotion activity whereby prizes are
distributed or allotted in any manner depending upon, or to
be determined by, chance or lot, but does not include any
contest, competition, method or device organised for profit;
“customer” means a person who has purchased goods or services
from a business;
“device” and “method” include any system which allows a
customer to participate directly in that system with the hope
of winning a prize;
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Registered
business may
promote contest.
[1 of 1997].
Business to
obtain
permission from
the Board to
promote contest.
[1 of 1997].
Permission to
promote contest.
[1 of 1997].
“document” means a receipt or bill or any other written
instrument, or any article or token, acknowledging the
purchase of any goods or services from a business;
“entry form”, in relation to any contest or proposed contest,
means any entry form and includes any entry form to which
there is attached a document evidencing the claim of a
customer to participate in the chances of the contest;
“money” includes any banknote or other negotiable instrument used
or circulated, or intended for use or circulation, as currency;
“person” and “applicant” mean a person carrying on a business;
“prize” includes money or money’s worth;
“sales promotion activity” means any activity which stimulates,
or is intended to stimulate, the purchase of goods or services
from a business;
“to promote” includes to organise or to conduct.
40B. Notwithstanding the provisions of this Act, or any other
written law respecting gambling, betting or lotteries, any person
may, subject to sections 40C and 40D, promote a contest, and in
particular may—
(a) issue entry forms for the contest;
(b) fix the number and value of the prizes to be
apportioned; and
(c) determine the time when, the place where, and
the manner in which, drawings shall take place
for the allotment of prizes.
40C. (1) No person shall promote any contest without first
obtaining the permission of the Board.
(2) Any person who contravenes subsection (1) is liable
on summary conviction to a fine of one hundred thousand dollars
or to imprisonment for two years.
40D. (1) Any person who wishes to promote a contest shall
apply to the Board for permission to do so.
(2) On receipt of the application, the Board shall, within
two weeks, inform the applicant of its decision.
32 Chap. 11:19 Gambling and Betting
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 33
Board to grant
permission only
in cases where
goods or
services are
purchased.
[1 of 1997].
Board to
stipulate
conditions for
promoting
contest.
[1 of 1997].
Conditions to
be stipulated by
Board.
[1 of 1997].
40E. The Board shall grant permission to promote a contest
only in cases where the contest is related to the purchase of goods
or services.
40F. (1) Where the Board grants permission to promote a
contest, the Board shall stipulate the conditions under which the
contest shall be promoted.
(2) Where a person fails to comply with the conditions
stipulated by the Board, the Board shall serve notice on the
person to discontinue the contest.
(3) Any person who refuses to discontinue a contest
after having been served with a notice to do so is liable on
summary conviction to a fine of two hundred and fifty thousand
dollars and to imprisonment for two years.
40G. (1) Without restricting the generality of the power of the
Board under section 40F(1) the Board may, in addition, stipulate
the following conditions:
(a) every contest shall be published in a daily
newspaper circulating in Trinidad and Tobago
stating that customers shall be eligible to take
part in the contest;
(b) entry forms for that contest shall be free of charge;
(c) the date and place for the drawings of prizes
shall be published in a daily newspaper
circulating in Trinidad and Tobago;
(d) the contest shall not be promoted for profit, but
for the sole purpose of enabling a customer to
win a prize;
(e) the drawings of prizes shall take place in the
presence of a member of the Board or a person
designated by the Board; and
(f) the name of the customer winning a prize or
prizes shall be published in a daily newspaper
circulating in Trinidad and Tobago.
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Persons refused
permission may
apply to
Minister.
[1 of 1997].
Enforcement
and penalties.
Power to search
without warrant.
40H. (1) Where the Board refuses permission to promote a
contest, the applicant may, within two weeks, apply to the
Minister to review such decision.
(2) The Minister, on receipt of the application, shall,
after consultation with the Director of Public Prosecutions,
affirm, vary or set aside the decision.
PART III
MISCELLANEOUS AND GENERAL
41. (1) If a Magistrate is satisfied on information on oath
that there is reasonable ground for suspecting that an offence
under this Act is being, has been or is about to be committed on
any premises, he may issue a warrant in writing authorising any
constable to enter those premises, if necessary by force, at any
time within fourteen days from the time of the issue of the
warrant and search them; and any constable who enters the
premises under the authority of the warrant may—
(a) seize and remove any document or any exposed
money or valuable thing or any instrument and
appliances for gambling within the meaning of
section 3 or other thing whatsoever found on the
premises which he has reasonable cause to believe
may be required as evidence for the purposes of
proceedings in respect of any such offence; and
(b) arrest and search any person found on the
premises whom he has reasonable cause to
believe to be committing or to have committed
any such offence.
(2) On conviction for an offence under this Act, all such
instruments and appliances for gambling shall be destroyed, and
all such moneys or securities for money shall be paid in to the
general revenue.
(3) Where, owing to the lateness of the hour or other
reasonable cause, it is inconvenient to obtain a warrant, any police
officer not under the rank of inspector, may by night or day,
without warrant, enter any premises, other than a private dwelling
34 Chap. 11:19 Gambling and Betting
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 35
Unclaimed
moneys.
[36 of 1989].
house, which he has reasonable grounds for believing is kept or
used as a common gaming house, and any such officer shall,
upon such entry, have the same powers of search, arrest and
seizure as may be exercised by a constable duly authorised by
warrant under this section.
(4) Notwithstanding subsections (1) and (3) where any
constable has reasonable grounds for believing that the game of
“whé-whé” is being conducted in any open place or open yard, or
on any premises to which the public is invited or admitted, other
than a private dwelling house, he may enter any such place, yard
or premises, and he shall, upon such entry, have the same powers
of search, arrest and seizure as may be exercised by a constable
duly authorised by warrant under this section, but no such entry
without a warrant shall be made unless such officer is, at the time
of entry, in the dress and uniform of the Police Service.
42. (1) All moneys and other prizes in respect of the
winnings in any lottery exempted from the provisions of Part I or
in respect of the winnings of any betting transaction conducted
by the holder of a betting office licence under Part II that remains
unpaid to the winner thereof at the end of one year after the
declaration of the results of such lotteries or betting transactions
shall be paid over to the Board by the promoters thereof.
(2) For the purposes of subsection (1), where a prize in
a lottery or a betting transaction does not consist of money, the
prize shall after the period specified in subsection (1) be sold in
the open market by the promoter of the lottery or betting
transaction and the proceeds thereof less the expenses of the sale,
shall be paid over to the Board as aforesaid.
(3) The Board shall, on presentation of proof to its
satisfaction by the winner of any such money or moneys
representing such prizes as are mentioned in subsections (1) and
(2) that such winner is entitled to the moneys or prizes aforesaid
authorise the payment and distribution of the amount of such
moneys to the winners thereof, and the same shall without further
authority be paid by the Board.
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Offences of
sending money
abroad.
Trinidad and
Tobago Post
may open
suspect postal
article on
warrant of
President.
Regulations.
(4) Where payment is made by the Board in accordance
with subsection (3) the validity thereof shall not be enquired into
by any Court and no action shall lie or be maintained in respect
of the lottery or betting transaction that resulted in the payment
mentioned above.
(5) At the end of three years after the winnings are
required to be paid over to the Board under subsection (1), no
application for the payment of winnings shall, except with the
approval of the President, be entertained and all rights, claims,
actions or other causes in respect of such winnings shall, if not
already pending, be barred.
(6) In this section, Board means the Betting Levy Board.
(7) This section does not apply to a lottery the disposal
of the unclaimed winnings of which is provided for under any
other Act.
43. After the commencement of this Act, every person, other
than a foreign pools operator, who sends or causes to be sent out
of Trinidad and Tobago any money or valuable thing in
connection with any betting transaction is liable on summary
conviction to a fine of seven hundred and fifty dollars.
44. Trinidad and Tobago Post may on a warrant in writing
under the hand of the President open or cause to be opened any
postal article received for transmission by post to a destination
outside of Trinidad and Tobago, other than a postal article proved
to have been posted by a foreign pools operator, which he
suspects to contain any money or valuable thing attempted to be
sent out of Trinidad and Tobago in contravention of section 43
and, on conviction of any person for an offence under section 43
in respect thereof, any money or valuable thing found therein
shall be forfeited to the State.
45. The President may, for the purposes of giving effect to
the provisions of this Act and the Schedules, make such
Regulations as may be necessary or expedient.
36 Chap. 11:19 Gambling and Betting
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 37
46. Nothing in section 38 or in paragraph 2 of the Second
Schedule shall apply to the Turf Club.
Application of
Part II to Turf
Club.
Second
schedule.
Sections 14 and
29(3).
[3 of 1967
22 of 1973
146/1982
13 of 1983
7 of 1985
36 of 1989
4 of 1992
5 of 1995
8 of 1996
4 of 2014].
FIRST SCHEDULE
PERMITS TO CARRY ON SUCH BUSINESS AS IS
MENTIONED IN SECTION 28(1)(a) OR (b) AND BETTING
OFFICE LICENCES
1. The President may appoint a fit and proper person to be the authority
responsible for the grant or renewal of a permit to carry on such business as is
mentioned in section 28(1)(a) or (b) of the Act, or a betting office licence.
2. In this Schedule—
“appropriate officer of police” means the senior officer of police for the district
in which the premises are, or are to be situated;
“authority” means the person appointed by the President under paragraph 1;
“prescribed” means prescribed by Regulations made under the Act.
3. The authority shall for each year fix a day in each of the months of
January and July as a day on which, subject to paragraph 4, he will consider
any application for the grant of a certificate authorising the issue of a permit
to carry on such business as is mentioned in section 28(1)(a) or (b) of the Act.
3A. The authority shall, for the purpose of considering any application for
the grant of a certificate authorising the issue of a betting office licence for the
year 1983, fix a day in the month of July, 1983.
3B. The authority shall, for the purpose of considering any application for
the grant of a certificate authorising the issue of a betting office licence for the
year 1984 or any subsequent year, fix a day in the month of November in the
year immediately preceding.
4. In addition to any day fixed in pursuance of paragraph 3, 3A or 3B
the authority may on any other day in the year consider such applications as
mentioned above.
5. Any such application as mentioned above may be made at any time
and shall be made to the authority in such form and manner, and shall contain
such particulars, and, if the application is for a permit, give such references, as
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may be prescribed; and, not later than seven days after the date when the
application is made, the applicant shall send a copy of the application to the
appropriate officer of police, and if the applicant knowingly makes any false
statement in any such application or copy thereof he is liable on summary
conviction to a fine of seven hundred and fifty dollars.
6. Not later than twenty-eight days before the hearing of any such
application as mentioned in paragraphs 3 and 5 to the authority, the applicant
shall cause to be published by means of an advertisement in a newspaper
circulating in Trinidad and Tobago a notice of the making of the application
which shall also state that any person who desires to object to the grant of a
certificate authorising the issue of the permit or licence should send to the
authority, before such date not later than ten days after the publication of the
advertisement as may be specified in the notice, two copies of a brief
statement in writing of the grounds of his objection; and in the case of an
application for the grant of a betting office licence in respect of any premises,
the applicant shall also cause a like notice to be posted up outside the entrance,
or on the site of the proposed entrance, to the premises, not later than fourteen
days before the date specified as aforesaid and take such steps as he reasonably
can to keep that notice so posted until that date.
7. Not later than seven days after the publication of the newspaper
containing the advertisement of any such application as aforesaid required by
the last foregoing paragraph, the applicant shall send a copy of that newspaper
to the authority, and the authority shall not consider the application earlier than
fourteen days after the date specified in the advertisement; and not earlier than
the said date and not less than seven days before the date appointed for the
consideration of the application, the authority shall send notice in writing of
the date, time and place at which the application will be considered—
(a) to the applicant;
(b) to the appropriate officer of police; and
(c) if the authority has received from any person an objection in
writing which has not been withdrawn and the address of that
person is known to the authority, to that person, and also
cause notice of the said date, time and place and also a list of
the several applicants to be published in a newspaper
circulating in Trinidad and Tobago, and in sending such a
notice to the applicant the authority shall include therewith a
copy of any objection to the grant of the permit or licence
which has been received by the authority from the appropriate
officer of police, or any other person.
38 Chap. 11:19 Gambling and Betting
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 39
PROCEEDINGS BEFORE AUTHORITY
8. On any application for a grant of a certificate authorising the issue of
a permit to carry on such business as is mentioned in section 28(1)(a) or (b) of
the Act or betting office licence, the authority may in his discretion, grant a
certificate authorising the issue of the permit or licence after hearing the
applicant and such other evidence as he considers necessary if no objection to
the grant of a certificate authorising the issue of the permit has been made by
any person or if every such objection has been withdrawn before the date and
time of the consideration of the application; but, save as mentioned above, any
of the following persons, that is to say:
(a) the applicant;
(b) any person from whom an objection in writing which has
not been withdrawn was received by the authority before the
day on which he sent out the documents referred to in
paragraph 7; and
(c) the person making any other objection which the appropriate
authority has decided under paragraph 9 that he will hear,
shall be entitled to be heard either in person or by an Attorney-at-law; and the
authority shall also hear any representations made otherwise than by way of
objection by, or by any person authorised in that behalf by, the appropriate
officer of police.
9. Where in the case of an application for the grant of a certificate
authorising the issue of any such permit or licence as aforesaid an objection to
the grant of a certificate authorising the issue of such permit or licence is
received or made on or after the day referred to in paragraph 8(b), the authority
may refuse to entertain the objection, and, unless the applicant requests
otherwise, shall not hear the objection until the objector has given to the
authority and to the applicant, and the applicant has had time to consider, a
brief statement in writing of the grounds of his objection.
10. The authority may from time to time adjourn the consideration of any
application for the grant of a certificate authorising the issue of such a permit
or licence whether for the purpose of paragraph 9 or for any other purpose.
11. On the consideration of any application for the grant of a certificate
authorising the issue of any permit or licence as mentioned above, the
authority may take evidence on oath and may make such order as he thinks fit
for the payment of costs, and any costs ordered by the authority to be paid
under this paragraph shall be recoverable summarily as a civil debt.
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Ch. 4:20.
Ch. 81:01.
12. (1) The authority may at any time enter into any premises in respect
of which an application for a licence or a permit has been made and may
inspect such premises for the purpose and the advisability of granting a
certificate for the issue or renewal of the licence or permit.
(2) Any person in the occupation of such premises, or any servant or
other person in his employment, or any person by his direction, who wilfully
impedes, restricts or obstructs the authority in his inspection is guilty of an
offence and liable on summary conviction to a fine of one thousand five
hundred dollars or to imprisonment for six months.
13. The Summary Courts Act shall govern the procedure at the hearing
of any application for a permit or a licence or at any adjournment thereof and
the provisions of sections 23 and 24 and sections 42 to 49 of that Act shall
apply mutatis mutandis to the authority as they apply to a Magistrate.
GROUNDS FOR REFUSAL TO GRANT A CERTIFICATE
FOR A PERMIT TO CARRY ON BUSINESS
UNDER SECTION 28 OF THE ACT
14. The authority shall refuse any application for the grant of a certificate
authorising the issue of a permit to carry on such business as is mentioned in
section 28(1)(a) or (b) of the Act if it appears that the applicant—
(a) is under twenty-one years of age; or
(b) is for the time being disqualified;
(c) is a company registered under the Companies Act, a
partnership or other association or body of persons corporate
or unincorporate;
(d) is in arrears of payment of any tax payable under any law
including the levy payable under section 36 of the Act;
(e) was not immediately prior to the 1st January 1967 the holder,
respectively, of such a valid and subsisting permit.
15. In the case of an application for the grant or renewal of a permit to
carry on such business as is mentioned in section 28(1)(a) or (b) of the Act the
authority may refuse the application if—
(a) he is not satisfied that the applicant is, or satisfactory
evidence is produced that the applicant is not, a fit and proper
person to be the holder of such a permit; or
(b) the authority is satisfied that, if the permit were to be granted,
the business to which it relates would be managed by or
carried on for the benefit of a person other than the applicant,
being a person who would himself be refused a grant of a
certificate authorising the issue of such permit either under
paragraph 14 or under subparagraph (a) of this paragraph.
40 Chap. 11:19 Gambling and Betting
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 41
GROUNDS FOR REFUSAL TO GRANT A
CERTIFICATE AUTHORISING THE ISSUE OF A
BETTING OFFICE LICENCE
16. (1) In the case of an application for the grant of a certificate
authorising the issue of a betting office licence, in respect of any premises, the
authority may, in its discretion, grant a certificate authorising the issue of such
licence, but the authority—
(a) shall refuse the application if he is not satisfied—
(i) in the case of an applicant, other than the Turf Club,
that the premises are or will be enclosed; and
(ii) that there are or will be means of access between the
premises and a street;
(iii) that there will be no access through other premises used
for the effecting with persons resorting to those other
premises of transactions other than betting transactions;
(b) may refuse the application on the ground—
(i) subject to subparagraph (2) of this paragraph, that,
having regard to the layout, character, condition or
location of the premises, it is not suitable for use as a
licensed betting office;
(ii) that the premises have not been properly conducted
under the licence; and
(iii) that the applicant is in arrears in respect of the levy
payable under section 36 of the Act.
(2) Nothing in subparagraph (1) shall apply to the Turf Club in
respect of any ground used for the purpose of holding horse race meetings by
the Turf Clubs on days on which races take place.
ISSUE OF PERMIT OR LICENCE
17. (1) The Board of Inland Revenue or in the case of any betting business
in respect of horse or dog races, the Betting Levy Board, on the payment of the
appropriate fee specified in subparagraph (2) and upon production of the
requisite certificate granted by the authority may issue the following:
(a) a betting office licence;
(b) a permit to carry on such business as is mentioned in section
28(1)(a) or (b).
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Ch. 4.20.
}
(2) There shall be payable to the Board of Inland Revenue or in the case
of any betting business in respect of horse or dog races, the Betting Levy Board—
(a) in the case of a betting office licence for betting pool operators
conducting bets at fixed odds, an annual fee of $200,000
payable on or before the 15th December in the year prior to the
year for which the licence is required, save that a new applicant
shall pay the licence fee at the time his licence is granted;
(b) in the case of the Turf Clubs, a licence fee of one hundred
dollars per day on each race day on which betting is
conducted, in respect of each pool betting outlet or each
betting pool licensed for the purposes of the system; and
(c) in the case of a permit to carry on such business as is mentioned
in section 28(1)(a) or (b), a fee of five hundred dollars.
(3)
to (Omitted—Spent).
(6)
18. A permit to carry on such business as is mentioned in section 28(1)(a)
or (b), or a betting office licence shall be in the prescribed form and shall show
the date with effect from which it is to be in force and, subject to paragraphs
20 and 21, shall cease to be in force at the end of the six-month period
commencing on the date it first comes into force.
19. (Revoked by Act No. 13 of 1983).
20. In the event of the death of the holder of such a permit or licence as
is mentioned in paragraph 18, the permit or licence shall not cease to be in
force by virtue only of the death of the holder and his legal personal
representatives shall be deemed to be the holder thereof.
SERVICE OF DOCUMENTS
21. Any provision of this Schedule requiring any notice or other document
to be given or sent to any person by the authority shall be deemed to be satisfied
if the document is either served personally on that person or sent to him by post
at his usual or last known residence or place of business in Trinidad or Tobago.
22. (1) Any person referred to in paragraph 8 who is aggrieved by the
grant or refusal of any application by the authority under the provisions of this
Schedule may appeal to the Court of Appeal.
(2) Such appeal shall be subject to the provisions of the Summary
Courts Act, relating to appeals thereunder.
42 Chap. 11:19 Gambling and Betting
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 43
Section 31(1).SECOND SCHEDULE
RULES FOR LICENSED BETTING OFFICES
1. The licensed premises shall be closed throughout Good Friday,
Christmas Day and every Sunday, and at such other times, if any, as may be
prescribed, and shall not be used for any purpose other than the effecting of
betting transactions.
2. No person who is a young person, within the meaning of section
38(3) or who is known to any person connected with the licensee’s business
and present on the licensed premises to be under that age, shall be admitted to
or allowed to remain on those premises, so, however, that in any proceedings
for a contravention of this rule in respect of a young person, within the
meaning of the said section 38(3), it shall be a defence to prove that at the time
of the alleged contravention he had in fact attained the required age or that he
had apparently attained that age.
3. The licensee—
(a) shall display his betting office licence in a conspicuous place
on the licensed premises;
(b) shall exhibit on these premises such notices in such form and
in such positions as may be prescribed; and
(c) shall comply with any prescribed restrictions with respect to
the exhibiting of other written matter or of signs of any
description on the licensed premises.
4. No facilities for seeing any television broadcast, or hearing any sound
broadcast which comprises matter other than information relating to events in
connection with which betting transactions may be or have been effected on
the licensed premises, shall be provided or allowed to be used on the licensed
premises, and neither the licensee nor any servant or agent of his shall cause
or permit any such facilities to be provided at any place under his control in
such a manner that they can be enjoyed by persons resorting to the licensed
premises; and no music, dancing or other entertainment shall be provided or
allowed, and except in the case of the Turf Club no refreshment of any kind
shall be served on those premises.
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Section 32.
[36 of 1989]. THIRD SCHEDULE
REQUIREMENTS AS TO CONDUCT OF
POOL BETTING BUSINESS
1. (1) Subject to the provisions of this paragraph, the pool betting
business carried on by any holder of a betting office licence shall comply with
the following requirements:
(a) it shall take the form of the promotion of competitions for
prizes for making forecasts as to sporting or other events, the
bets being entries in the competitions and the winnings in
respect of the bets being the prizes or shares in the prizes;
(b) each bet shall be an entry in a particular competition;
(c) the stakes and the winnings shall be wholly in money;
(d) in each competition, the prizes shall be equally available for
all the bets and accordingly the question which bets qualify
for, or for shares in, the prize or prizes and, save so far as it
depends on the amounts staked, the amounts of the respective
shares in the prizes, shall be determined solely by the relative
success of the forecasts embodied in the respective bets;
(e) the total amount payable by way of winnings shall, in the case
of each competition, be the total amount of the stakes less the
pool betting duty payable in respect thereof in respect of
entries in that competition less such percentage of that total
amount as may be determined by the promoter, being the same
percentage in respect of all his competitions which depend on
the same event or events taking place on the same day (and
being a percentage which is determined and notified to the
accountant appointed under paragraph 4 before that day);
(f) the Rules or any alteration thereof applying to the
competition shall be posted up on some conspicuous part of
the licensed premises and notified to the said accountant at
least one day before the first of the relevant sporting or other
events take place.
(2) Notwithstanding anything in subparagraph (1)(d) or (e) if it is
found that a bet which ought to have been treated as a winning bet has been
inadvertently overlooked, the promoter shall pay to the person making that bet
the sum paid by him to other persons making comparable bets or, if there are
no comparable bets, such sum as would have been payable had such winning
bet not been overlooked.
2. References in this Schedule to stakes in, or in respect of entries in, any
competition do not include references to stakes in respect of rejected entries.
44 Chap. 11:19 Gambling and Betting
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 45
Ch. 4:21.
3. (1) As soon as may be after the events to which any of his
competitions relate have taken place, and in any case not later than seven days
after the announcement of the results of that competition, every promoter shall
send to the said accountant a statement showing—
(a) the total amount of the stakes in respect of entries in the
competition;
(b) the total amount payable by way of winnings in that
competition;
(c) the total amount of the stakes in respect of winning bets in
the competition, and if there are more prizes than one in the
competition, the total amount of the stakes in respect of
winning bets qualifying for, or for shares in, each of the
prizes; and
(d) the amount payable in respect of each winning bet.
(2) In September in each year every promoter shall send to the said
accountant and to the Board a statement showing, as respects his pool betting
business for the twelve-month period ending 30th June in the same year—
(a) the aggregate total stakes in all his competitions;
(b) the aggregate prize money in respect of those competitions;
(c) the amount of the promoter’s commission (as defined for the
purposes of this Schedule) and the percentage (calculated to
the nearest one-tenth of one per cent) which the said
commission bears to the said aggregate total stakes.
4. (1) The Board may in the case of each promoter appoint a person or
persons being a qualified accountant to exercise and perform in relation to that
promoter, the powers and duties conferred and imposed by the provisions of
this Schedule.
(2) The remuneration of the accountant in respect of each promoter
shall be payable out of the funds of the Betting Levy Board.
(3) A Petty Civil Court shall have jurisdiction to hear and determine
any such claim as is mentioned in subparagraph (2) without limit of
jurisdiction notwithstanding that the amount claimed exceeds two hundred and
fifty dollars and the provisions of the Petty Civil Courts Act shall apply in
respect of every such action.
(4) In this paragraph “remuneration” includes any sum paid or to be
paid to the accountant in respect of his expenses.
5. (1) The accountant shall—
(a) examine all statements submitted to him under paragraph 3
with a view to determining whether there is cause to believe
that any of the provisions of this Schedule are being
contravened in relation to the competition in question; and
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Enforcement.
(b) retain all such statements for two years; and
(c) at any time during that period give facilities for their examination
by any officer authorised in that behalf by the Board.
(2) The accountant and any servant of his authorised in that behalf
by him in writing may at all reasonable times enter any premises on which a
promoter is carrying on his business and enquire into the manner in which that
business is being carried on, and may require the promoter or any servant of
his to give to the accountant or servant so authorised all such information and
produce all such accounts, books and other documents and carry out such
checks or additional checks of coupons or other entry forms as the accountant
or servant so authorised may think necessary for the purpose of determining
whether there is cause to believe that any of the provisions of this Schedule are
being contravened; and it shall be the duty of the promoter to preserve in good
condition all accounts, books or other documents (including coupons or other
entry forms) that relate wholly or partly to any of his competitions for, in the
case of coupons and other entry forms, at least two months, and in the case of
accounts, books or other documents, at least two years, from the day on which
the events take place on which that competition depends.
(3) If at any time the accountant has cause to believe that any of the
provisions of this Schedule are being contravened in relation to any of the
competitions of a promoter, he shall report the matter to the Board.
(4) Not later than the end of November in each year the accountant
shall furnish to the Board a report stating, if such be the fact, that he has
examined all statements submitted to him by a promoter under paragraph 3 for
the period mentioned in subparagraph (2) of that paragraph which ended in
that year, has conducted such enquiries into the manner in which the business
of that promoter is carried on and made such examination of that promoter’s
records as he considers necessary and whether or not he has cause to believe
that any of the provisions of this Schedule have been contravened in relation
to any of the competitions of that promoter taking place during the said period.
6. (1) Any person who—
(a) obstructs the accountant or any servant of his in the
execution of any powers or duties under this Schedule; or
(b) fails to comply with any requirement duly made on him by
the accountant or any servant of his, or, in response to such a
requirement, knowingly gives any information which is false
or misleading,
is guilty of an offence under this Schedule.
(2) If any promoter fails to comply with any duty imposed upon him by
this Schedule or if any of the provisions of this Schedule, except so far as they
impose duties on the accountant or the Board, are contravened in the case of the
business of any promoter, the promoter is guilty of an offence under this Schedule.
46 Chap. 11:19 Gambling and Betting
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 47
Interpretation of
Third Schedule.
Section 34(4).
[36 of 1989
5 of 1995].
(3) The Board shall have power to take proceedings for offences
under this Schedule.
(4) A person guilty of an offence under this Schedule is liable on
summary conviction to a fine of three thousand dollars.
7. Any reference in this Schedule to the day on which the events on
which a competition depends takes place shall, where the events do not take
place wholly on the same day, be construed as a reference to the last day on
which any of the events take place.
8. Any reference in this Schedule to the Board shall, in the case of pool
betting business in respect of horse or dog races, be construed as a reference
to the Betting Levy Board.
FOURTH SCHEDULE
SUPPLEMENTARY PROVISIONS AS TO
THE POOL BETTING DUTY
1. The pool betting duty shall be paid to the Board on Wednesday of
every week in such manner as the Board may direct.
2. Any person who, after the commencement of this Act, carries on any
business the carrying on of which involves or may involve any sums becoming
payable by him by way of the pool betting duty, shall—
(a) not less than fourteen days before he begins to carry on the
business notify the Board that he intends to carry on that
business; and
(b) not later than the date of the first user thereof for the purposes
of the business, make entry with the Board in such manner as
the Board may require, of all premises and totalisators (if any)
used by him for the purposes of the business; and
(c) keep such books, records and accounts in relation to the
business as the Board may direct and, for at least two years or
such longer period as the Board may in any particular case
direct, preserve, on premises of which entry has been made as
mentioned above, any books, records and accounts directed to
be kept by him under this paragraph and any other books,
records, accounts or documents relating to the business; and
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(d) permit any officer authorised in that behalf by the Board to
enter on any premises used for the purposes of the business,
to inspect any totalisator used for the purposes thereof and to
inspect and take copies of any books, records, accounts or
other documents in his possession or custody or on any
premises used for the purposes of the business, being books,
records, accounts or documents which relate or appear to
relate to the business,
and any such person, and any other person employed, or having functions in
connection with, any such business, shall if required so to do by the Board or
any officer authorised in that behalf by the Board, produce, at a time and place
to be specified by the Board or the officer, any such books, records, accounts
or documents relating to the business and make, at times and to persons to be
so specified, such returns relating to the business, as the Board or the officer
may require.
3. A person is guilty of an offence under this Schedule and liable on
summary conviction to a fine of three thousand dollars or treble the amount of
the duty which is unpaid or payment of which is sought to be evaded, as the
case may be, at the election of the Board who—
(a) fails to pay any pool betting duty payable by him; or
(b) contravenes any of the provisions of paragraph 2; or
(c) obstructs any officer in the exercise of his functions in
relation to the pool betting duty; or
(d) in connection with the pool betting duty, makes any
statement which he knows to be false in a material particular
or recklessly makes any statement which is false in a material
particular or with intent to deceive, produces or makes use of
any book, account, record, return or other document which is
false in a material particular; or
(e) is knowingly concerned in, or in the taking of steps with a
view to the fraudulent evasion by him or any other person, of
the pool betting duty.
4. Where a person is convicted of an offence under paragraph 3(d) or (e),
the Court may, in lieu of or in addition to ordering him to pay the said penalty,
order him to be imprisoned for a term not exceeding two years.
5. Where a person is convicted under paragraph 3 in respect of a failure
to comply with any of the provisions of paragraph 2 and the failure continues
after the conviction, then unless he has a reasonable excuse for the
continuance of the failure, he shall be guilty of an offence under this Schedule.
48 Chap. 11:19 Gambling and Betting
LAWS OF TRINIDAD AND TOBAGO
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting Chap. 11:19 49
Ch. 4:20.
6. Where an offence under this Schedule has been committed by a
company, every person who at the time of the commission of the offence was
a director, general manager, secretary or other similar officer of the company,
or was purporting to act in any such capacity, shall be deemed to be guilty of
that offence unless he proves that the offence was committed without his
consent or connivance and that he exercised all such diligence to prevent the
commission of the offence as he ought to have exercised having regard to the
nature of his functions in that capacity, and in all the circumstances.
7. (1) Summary proceedings in respect of an offence under this
Schedule, notwithstanding anything to the contrary in the Summary Courts
Act, may be taken at any time within six months from the date on which
evidence comes to the knowledge of the Board or evidence which is in its
opinion is sufficient to justify the proceedings but no proceedings shall be
taken more than three years after commission of the offence.
(2) For the purposes of this paragraph, a certificate from the Board
as to the date on which such evidence as mentioned above came to its
knowledge shall be conclusive evidence thereof.
8. In this Schedule, “officer” means any person who is expressly
authorised by the Board to perform the duties of an officer for the purposes of
this Schedule.
9. Any reference in this Schedule to the Board shall, in the case of pool
betting business in respect of horse or dog races, be construed as a reference
to the Betting Levy Board.
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SUBSIDIARY LEGISLATION
GAMBLING AND BETTING (LICENCES)
REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Interpretation.
3. Application for grant of permits and licences.
4. (Revoked by Act No. 13 of 1983).
5. Form of permits and licences.
6. Register of permits and licences.
7. Fee for inspection of registers.
SCHEDULE.
50 Chap. 11:19 Gambling and Betting
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Gambling and Betting Chap. 11:19 51
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
[Subsidiary]
87/1963.
[51/1980
13 of 1983].
Citation.
Interpretation.
Application for
grant of permits
and licences.
Form 1.
Form 2.
Form of permits
and licences.
Form 5.
Form 6.
Register of
permits and
licences.
GAMBLING AND BETTING (LICENCES)
REGULATIONS
made under section 45
1. These Regulations may be cited as the Gambling and
Betting (Licences) Regulations.
2. (1) In these Regulations—
“Authority” has the same meaning as in paragraph 2 of the First
Schedule to the Act;
“Schedule” means the Schedule to these Regulations.
(2) In these Regulations any reference to a Form in the
Schedule shall include a reference to a form to the like effect with
such variations as the circumstances may require.
3. An application made in accordance with paragraph 5 of
the First Schedule to the Act for the grant of a permit to carry on
such business as is mentioned in section 28(1)(a) or (b) of the Act
or a betting office licence, shall be made in writing in forms
numbered 1 and 2, as the case may be, in the Schedule and shall
contain such particulars and, if the application is for a permit,
give such references as are required thereby.
4. (Revoked by Act No. 13 of 1983).
5. A permit to carry on such business as is mentioned in section
28(1)(a) or (b) of the Act or a betting office licence shall be granted in
form numbered 5 and renewed in form numbered 6 in the Schedule.
6. The authority shall keep registers of permits to carry on
business under section 28(1)(a) or (b) of the Act and betting office
licences granted or renewed by him, and containing inter alia the
following particulars:
(a) in the case of a permit to carry on such business
as is mentioned in section 28(1)(a) or (b) which
is cancelled under section 39, particulars of the
cancellation;
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52 Chap. 11:19 Gambling and Betting
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Gambling and Betting (Licences) Regulations
(b) in the case of a betting office licence which by
virtue of paragraph 19* of the First Schedule
ceases to be in force, particulars of the
circumstances in which it ceased to be in force.
7. The register of permits and licences referred to in
regulation 6 shall be opened during reasonable hours for
inspection of permits by persons other than constables on
payment of a fee of seventy-five cents.
First Schedule.
Fee for
inspection of
registers.
[51/1980].
*Paragraph 19 of the First Schedule was repealed by Act No. 13 of 1983.
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Gambling and Betting Chap. 11:19 53
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting (Licences) Regulations [Subsidiary]
Regulation 3.
SCHEDULE
FORM 1
THE GAMBLING AND BETTING ACT
Application for a permit to carry on such business as is mentioned in section 28(1)(a) or (b) of the
above-mentioned Act.
To the Authority:
I, ...............................................................................hereby apply for a permit to carry on
such business as is mentioned in section 28(1)(a) or (b) of the above-mentioned Act, and declare
as follows:
[That I was born on ..............................................................................................................
That my office and usual place of residence is at .................................................................
......................................................................................................................................; and
That during the five years preceding the date of this application I have been resident as
follows:
..............................................................................................................................................
..............................................................................................................................................
(insert addresses at which resident with dates in each case)]
That I have not during the twelve months immediately preceding the date of this
application been refused the grant or renewal of such a permit [save as follows:
..............................................................................................................................................
(insert details of refusals)]
That I have not been the holder of such permit which has been forfeited and cancelled
[save as follows:
..............................................................................................................................................
(insert details of cancellations)]
Dated the ...............day of ........................................................................................., 20........
..............................................................
Two references as to the character of the applicant are to be provided in the following form:
I, ................................ of ......................................................................................................
(description)
have known............................ of ................................ for a period of ..................... years
and am of the opinion that he would be a fit and proper person to be the holder of a permit
to carry on such business as is mentioned in section 28(1)(a) or (b) of the above-
mentioned Act. I am not related to him.
Dated the ................. day of..............................................................................., 20.........
.............................................................
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Regulation 3. FORM 2
THE GAMBLING AND BETTING ACT
Application for grant of betting office licence.
To the Authority:
I,.........................................................................................................
hereby apply for a betting office licence in respect of
..........................................................................................................................................
(insert address and description of premises)
a plan whereof, sufficient to show the [proposed] layout and location of the said
premises and the means of access thereto, is appended hereto, and declare as follows:
[That I am the holder of a permit to carry on such business as is mentioned in
section 28(1)(a) or (b) of the above-mentioned Act,
granted/last renewed on the ............day of ..............................................., 20.........]
[That I am an applicant for a permit to carry on such business as is mentioned in
section 28(1)(a) or (b) of the above-mentioned Act, application having been made
on the .............. day of .................................................................................. 20......,
to ..............................................................................................................................
(insert authority)]
Dated the ............................day of ..............................................................., 20.....
........................................................
FORM 3
(Deleted by Act No. 13 of 1983)
FORM 4
(Deleted by Act No. 13 of 1983)
54 Chap. 11:19 Gambling and Betting
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[Subsidiary] Gambling and Betting (Licences) Regulations
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Gambling and Betting Chap. 11:19 55
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Gambling and Betting (Licences) Regulations [Subsidiary]
Regulation 5.
Authority
FORM 5
THE GAMBLING AND BETTING ACT
Permits to carry on such business as is mentioned in section 28(1)(a) or (b) of the
above-mentioned Act, and betting office licences /(grant).
Trinidad and Tobago
The Authority hereby grants to ............................................................................. of
.............................................................................................., this permit to carry on
such business as is mentioned in section 28(1)(a) or (b) of the above-mentioned Act,
[authorising him to carry on such business on his own account] or this betting office
licence authorising him to use
..........................................................................................................................................
(insert address and description of premises)
as a betting office
..........................................................................................................................................
(insert address and description of premises)
for such purpose.
This permit [licence] shall be in force from the.......... day of .............., 20 ......, and
subject to paragraphs 19 and 20 of the First Schedule to the Gambling and Betting Act,
shall cease to be in force on the thirtieth day of June, 20......
Dated the .................. day of............................................................... , 20........
.....................................................................
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FORM 6
THE GAMBLING AND BETTING ACT
Permits to carry on such business as is mentioned in section 28(1)(a) or (b) of the
above-mentioned Act, and betting office licences (renewal).
Trinidad and Tobago
Whereas ...............................................................................................................
of ........................................................................................................................., was on
the .................. day of ........................., 20......, granted by the authority a [permit
authorising him to carry on such business as is mentioned in section 28(1)(a) or (b) of
the above-mentioned Act] [betting office licence authorising him to use
..........................................................................................................................................
(insert address and description of premises)
as a betting office
..........................................................................................................................................
(insert address and description of premises)
for such purposes] [which has from time to time been renewed];
And whereas the said permit [licence] ceases to be in force, subject to paragraphs 19 and
20 of the First Schedule to the Gambling and Betting Act, at the end of the .......... day of
................................................., 20......;
The authority hereby renews the said permit [licence].
The said permit [licence] shall be continued in force from the ........................ day of
.........................., 20......, and, subject to paragraphs 19 and 20 of the First Schedule to
the said Act, shall cease to be in force at the end of the ........... day of ..........., 20........
Dated the ..................... day of ..........................................................., 20.........
.........................................................................
56 Chap. 11:19 Gambling and Betting
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Gambling and Betting (Licences) Regulations
Regulation 5.
Authority
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