1 QUO FA T A F U E R N T BERMUDA BETTING ACT : 24 TABLE OF CONTENTS PART I PRELIMINARY Interpretation Application of Lotteries Act 1944 to bookmakers and pool betting agents Bookmakers and pool betting agents to be licensed Prohibition on transmission of pools coupons etc. by mail PART II LICENSING OF BOOKMAKERS AND POOL BETTING AGENTS Establishment of licensing authority Sittings of licensing authority Nature of licenses under the Act Applications for a licence Taking effect and duration of licences Grant of licences Transfer of licences Guarantees Minister may prohibit acceptance of debts pending investigation of affairs of bookmaker Cancellation of licence Appeals to Supreme Court PART III CONDUCT OF LICENSED PREMISES ETC. Offences by bookmakers and pool betting agents Power to exclude persons from licensed premises 1
2 [spent] [repealed by 1976 : 20] Offences by corporations Regulations Transitional [omitted] SCHEDULE PART IV BETTING DUTY PART V MISCELLANEOUS [preamble and words of enactment omitted] [originally enacted as The Betting (Regulation and Tax) Act 1975"] PART I PRELIMINARY Interpretation 1 (1) In this Act, unless the context otherwise requires bookmaker means any person who carries on, whether occasionally or regularly, the business of receiving or negotiating bets; or by way of business in any manner holds himself out, or permits himself to be held out, as a person who receives or negotiates bets or conducts such operations; Commissioner means the Commissioner of Police; fixed odds betting means betting on fixed odds; intoxicating liquor means spirits, liqueurs, wine, beer, cider, perry, and any other fermented, distilled or spirituous liquor; licence means a licence granted under this Act; licensed means holding a licence; licensed bookmaker means the holder of a book maker s licence or of a restricted bookmaker licence; licensed premises means premises in respect of which a licence has been granted and is in force; 2
3 licensing authority means the licensing authority appointed under section 5; Minister means the Minister of Finance; pool betting means betting based on the forecasts of the results of a football match, cricket match, race or other event taking place abroad on terms that the winnings of the winners shall be, or be a share of, or be determined by reference to, the stake money paid or agreed to be paid by the persons taking part in the betting whether the bets are made by filling up and returning coupons or other printed or written forms, or otherwise howsoever; or on terms that the winnings of the 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 those persons; or on the basis that the winners or their winnings shall, to any extent, be determined by the free discretion of the promoter of bets or any other person; pool betting agent means a person who carries on, whether regularly or occasionally the business of receiving or negotiating pool bets; or effects any transaction of pool betting, where the promoter of the pool betting is based abroad; promoter in relation to pool betting means the person to whom the persons making bets look for the payment of their winnings; taxing Act means an Act for the purpose of setting out the rate of betting duty to be charged pursuant to the Act and other matters ancillary thereto; winnings includes winnings of any kind and references to amount and payment in relation to winnings shall be construed accordingly. (2) For the purposes of this Act a bet shall be a fixed odds bet only if each of the persons making it knows or can know, at the time he makes it, the amount he will win, except in so far as that amount is to depend on the result of the event or events betted on, or on any such event taking place or producing a result, or on the numbers taking part in any such event, or on the starting prices or totalisator odds for any such event, or on there being totalisator odds on any such event, or on the time when the bet is received by any person with or through whom it is made. In this subsection starting prices in relation to any event means the odds ruling at the scene of the event immediately before the start and totalisator odds means the odds paid on bets made by means of totalisator at the scene of the event. (3) A bet made with or through a person carrying on a business of receiving or negotiating bets, shall be deemed not to be a bet at fixed odds within the meaning of this 3
4 section if the winnings of the person by whom it is made consist or may consist in whole or in part of something other than money. (4) In this Act bet does not include the taking of a ticket or chance in a lottery which is declared by sections 3, 4, 5, 6 and 7 of the Lotteries Act 1944 [title 10 item 10] not to be unlawful. Application of Lotteries Act 1944 to bookmakers and pool betting agents 2 Nothing in the Lotteries Act 1944 [title 10 item 10] shall render unlawful the business of receiving or negotiating bets by a licensed book maker or licensed pool betting agent. Bookmakers and pool betting agents to be licensed 3 (1) No person shall carry on the business of bookmaker or pool betting agent unless he is authorized to carry on such business by a licence issued under this Act; and such business is carried on upon licensed premises. (2) No person shall by way of business receive or negotiate bets as the servant or agent of a person carrying on the business of a bookmaker or pool betting agent unless the person carrying on the business of a bookmaker or pool betting agent is authorized to carry on such business by a licence under this Act. (3) Any person contravening subsection (1) or subsection (2) commits an offence: Punishment on summary conviction: a fine of $1,000 and in the case of a continuing offence a further fine of $100 for every day during which the offence continues. Prohibition on transmission of pools coupons etc. by mail 4 Any person other than a pool betting agent who knowingly sends, or attempts to send, by post to an address outside Bermuda any pool coupon or other printed or written form connected with pool betting commits an offence: Punishment on summary conviction: a fine of $100. PART II LICENSING OF BOOKMAKERS AND POOL BETTING AGENTS Establishment of licensing authority 5 (1) There shall be established a licensing authority for the purposes of this Act which shall consist of a chairman who shall be the Senior Magistrate for the time being; three other members appointed by the Minister. 4
5 (2) The supplementary provisions of the Schedule shall have effect with relation to the licensing authority and the members thereof. Sittings of licensing authority 6 The licensing authority shall sit and hear applications for the grant or transfer of licences at the regular annual session to be held at such place and on such days during the first twenty-one days of February in each year as shall be notified by the licensing authority in the Gazette at least fourteen days prior to the first of such days; at any special session to be held at such place and on such days as shall be notified by the licensing authority in the Gazette at least fourteen days prior to the first of such days. Nature of licenses under the Act 7 (1) Licences which may be granted by the licensing authority under this Act shall be a bookmaker s licence; a pool betting agent s licence; a restricted bookmaker s licence. (2) A bookmaker s licence shall authorize the holder thereof to carry on the business of bookmaker upon the premises specified therein. (3) A pool betting agent s licence shall authorize the holder to carry on the business upon the premises specified therein of a pool betting agent. (4) A restricted bookmaker s licence shall authorize the holder thereof to carry on the business of a bookmaker on the premises specified therein: Provided that such business shall be restricted to fixed odds betting on the forecasts of the results of a football match or cricket match. (5) Where a person carries on business as a bookmaker or pool betting agent in more than one place a separate licence shall be required for each of the premises where such business is carried on. Applications for a licence 8 (1) An application for a licence shall be made to the licensing authority setting out the following particulars (d) the name of the applicant or transferee; the name of the manager of the business; the nature of the licence applied for; the address of the premises in respect of which application will be made, 5
6 also, in the case of an application for the transfer of a licence, the name of the person from whom or, as the case may be, the location of the premises from which, the licence is to be transferred. (2) A copy of every application shall be served on the Commissioner. (3) Applications to be heard at the regular annual sessions shall be made during the first fourteen days of January in each year and shall be accompanied by the fee prescribed for such application under the Government Fees Act 1965 [title 15 item 18]. (4) The Chairman shall cause a notice to be published in the Gazette containing details of each application for the grant or transfer of a licence which is to be heard at any regular annual session or special session and such notice shall include the particulars specified in subsection (1) to (d) and shall be published at the expense of the applicant. (5) The following persons may object to the grant or transfer of a licence (d) the Commissioner; any person who is the owner or occupier of any property lying within three hundred yards of the premises in respect of which application is made; in the case of premises to be situated within the Municipal areas of Hamilton or St. George, the Corporations thereof; any other person who, in the opinion of the licensing authority, has a material interest in the matter. (6) No person shall be heard as an objector unless he has served on the licensing authority and on the applicant and, where such person is not the Commissioner, on the Commissioner, not less than three days before the date set by the licensing authority for the hearing of the application written notice stating in general terms the grounds of objection. (7) A licensing authority shall have the same powers as a court of summary jurisdiction with regard to compelling the attendance and examination of witnesses as are conferred on a court of summary jurisdiction by the Summary Jurisdiction Act 1930 [title 8 item 34] and it shall be the duty of any police officer to whom any summons or warrant signed by the Chairman of the licensing authority is issued to serve or execute the same in the manner required by section 8 of that Act. (8) Any person who makes any statement which he knows to be false for the purpose of procuring, whether for himself or any other person, the grant, renewal or transfer of a licence commits an offence: Punishment on summary conviction: imprisonment for one year or a fine of $1,000 or both such imprisonment and fine. Taking effect and duration of licences 9 (1) Every licence shall be granted to take effect from the 1st of April next after the granting thereof where such licence was granted at a regular annual licensing session; 6
7 from the date named specified therein in the case of every other licence, and shall continue for the period ending the 31st March next following. (2) No licence shall be issued until the fee prescribed therefor under the Government Fees Act 1965 [title 15 item 18] has first been paid. Grant of licences 10 (1) When considering an application for the grant of a licence, the licensing authority shall have due regard to the experience and character of the applicant; the public welfare; the suitability of the premises in respect of which the application is made. (2) No licence may be granted to any person otherwise than by way of renewal of an existing licence unless he is in possession of the certificate of the Minister stating that the Minister is satisfied as to the business reputation and financial stability of the applicant. (3) (4) The following persons shall be disqualified from holding a licence any person who is under the age of eighteen years; any person who is an undischarged bankrupt or who has within ten years of the application entered into any composition with his creditors; any person who has been convicted, whether in Bermuda or elsewhere, of an offence of which dishonesty is an element. Any person who is disqualified under subsection (3) from holding a licence; has had his licence cancelled under section 14; has been a director of, or directly concerned in the management of a company which has had its licence cancelled under section 14 or which has been wound up by a court, shall not, without the express authorization of the Minister, act or continue to act as a director, manager, secretary or other employee of a licensed company and if he does so act, or continue to act, he commits an offence: Punishment on summary conviction: imprisonment for 6 months. [Section 10 subsection (3) amended by 2001:20 s.7(1) & Sch 2 effective 1 November 2001] Transfer of licences 11 (1) The licensing authority may, on application made in accordance with this Act, transfer a licence to any person or to any premises approved by the licensing authority. (2) Any transfer of a licence shall be endorsed on the original licence. 7
8 Guarantees 12 (1) No licensed bookmaker shall carry on business as a bookmaker unless he has first lodged with the Minister a guarantee given by either an institution licensed as a bank under the Banks and Deposit Companies Act 1999 or by not less than two persons acceptable to the Minister in such amount as may be prescribed by regulation under section 26 for the due performance by such bookmaker of his obligations to his clients in the event of any default by him. (2) No licensed pool betting agent shall carry on business as a betting agent unless he has first lodged with the Minister a guarantee given by either an institution licensed as a bank under the Banks and Deposit Companies Act 1999 or by not less than two persons acceptable to the Minister in such amount as may be prescribed by regulation under section 26 for the due performance by the promoter of the promoter s obligations to persons who place or negotiate bets with such promoter. (3) For the removal of doubt it is declared that a guarantee given under this section shall be enforceable at law notwithstanding that the obligations in respect of which the security is given arise from gaming or wagering transactions. (4) Where any guarantor desires to be discharged of his obligations under a guarantee given for the purposes of this section; any guarantor under a guarantee given for the purposes of this section ceases to be acceptable to the Minister for the purposes of this section, the Minister may call upon the bookmaker or pool betting agent lodging the guarantee to replace the guarantee given by such guarantor by a guarantee given by some other person acceptable to the Minister and, upon the lodgment with the Minister of such new guarantee the obligations of such former guarantor shall be discharged with effect from the date of such lodgment. [Section 12(1) and (2) amended by BR81/1999 effective 1 January 2000] Minister may prohibit acceptance of debts pending investigation of affairs of bookmaker 13 (1) If it appears to the Minister that any licensed bookmaker has failed persistently to pay to persons placing bets with him any winnings in respect of such bets; the principal of a licensed pool betting agent has failed persistently to pay to persons placing bets with him through such agent any winnings in respect of such debts; any licensed bookmaker or licensed pool betting agent (i) has become bankrupt or compounded with his creditors or, in the case of a licensee who is a company, if liquidation proceedings are commenced in respect of such company; or 8
9 (d) (ii) has been convicted of any offence under this Act or of which dishonesty is an element or the servant or agent of such person has been so convicted; any licensed bookmaker or licensed pool betting agent has failed to lodge a guarantee under section 12 including any replacement guarantee required under subsection (4) thereof, the Minister may, by written notice served upon such licensed bookmaker or such licensed pool betting agent, as the case may be, prohibit such person from receiving and negotiating any bets or bets of such a character as may be specified in the notice, whether on his own account or as agent of any other person. (2) A notice under subsection (1) shall cease to have effect upon the expiration of a period of six weeks from the day of service thereof unless the Minister or the Commissioner has within such period made application to the licensing authority for the cancellation of the licence of the person upon whom the notice has been served, in which case the notice shall, subject to subsection (2) of section 14, continue to have effect until the final disposal of the application: Provided that the Minister may revoke such a notice at any time. (3) Any licensed bookmaker or licensed pool betting agent who fails to comply with a notice served by the Minister under this section commits an offence: Punishment on summary conviction: a fine of $1,000. Cancellation of licence 14 (1) The licensing authority may, on the application of the Minister, cancel any licence granted by it under this Act. (2) The licensing authority may, on any application under this section, make such order as it thinks just and may further, in the event of an appeal under section 15, give such directions as to the continuing effect of a notice given under section 13 as it may consider appropriate in the circumstances. (3) An order under subsection (2) may in addition to cancelling a licence, prohibit the holder thereof from applying for another licence until the expiration of such period from the date of the order as may be specified in the order. Appeals to Supreme Court 15 (1) Any party to proceedings before the licensing authority who is aggrieved by a decision of the authority may appeal to the Supreme Court against the decision within twenty-one days or such longer period as the Supreme Court may allow after the authority delivers its decision. (2) The practice and procedure on an appeal under this section shall be governed by the rules of the Supreme Court. (3) On any appeal under this section the Supreme Court may make such order, including an order for costs, as it thinks just. 9
10 (4) The licensing authority shall, for the purposes of an appeal under this section, supply reasons for the decision appealed against. PART III CONDUCT OF LICENSED PREMISES ETC. Offences by bookmakers and pool betting agents 16 (1) No bookmaker or pool betting agent and no servant or agent of such person shall serve intoxicating liquor upon licensed premises; permit any person to consume intoxicating liquor upon licensed premises. (2) No bookmaker, other than the holder of a restricted bookmaker s licence in relation to the business carried on under such licence, and no servant or agent of any bookmaker, other than the servant or agent of the holder of a restricted bookmaker s licence in relation to the business carried on under such licence, shall receive or negotiate a bet (not being a bet by way of pool betting) other than upon licensed premises; or permit any person under the age of 18 years to be upon licensed premises (not being premises licensed solely for pool betting) or to place a bet: Provided that it is a defence to a charge of an offence under this paragraph to prove that the accused believed, on reasonable grounds, that such person was of or above the age of 18 years. (3) Any person who contravenes this section commits an offence: Punishment on summary conviction: a fine of $1,000. Power to exclude persons from licensed premises 17 (1) Without prejudice to any other right to refuse a person admission to premises or to expel a person from premises, a licensed person or his servant or agent may refuse to admit to, or may expel from, the licensed premises any person who is drunk, or is acting in a disorderly manner, or whose presence in the licensed premises would subject the licensed person to a penalty under this Act or any other statutory provision. (2) If any person liable to be expelled from licensed premises under this section, when requested by the licensed person or his servant or agent or a police officer to leave the premises fails to do so, he commits an offence: Punishment on summary conviction: a fine of $100. (3) A police officer shall, on the demand of the licensed person or his servant or agent, help to expel from the licensed premises any person liable to be expelled from those premises under this section, and may use such force as may be required for the purpose. 10
11 PART IV BETTING DUTY [spent] [Sections 18 and 19 spent as a result of 1976 : 17 s.42 and re-enacted in 1976 : 17 s. 33 and 34] [repealed by 1976 : 20] [Sections 20 through 24 repealed by 1976:20] PART V MISCELLANEOUS Offences by corporations 25 When an offence under this Act which has been committed by a company or other body corporate is proved to have been committed with the consent or connivance of or to be attributable to any default on, the part of a director, manager, secretary or other similar officer of that company or other body corporate, or any person who is purporting to act in any such capacity, he, as well as the company or other body corporate commits that offence and shall be liable to be proceeded against accordingly. Regulations 26 (1) The Minister may make regulations for the better carrying out of this Act and, without prejudice to the generality of the foregoing, such regulations may regulate the procedure of the licensing authority; prescribe the form of any licence, notice or other document to be used for the purposes of this Act; prescribe the amount of the guarantee to be furnished under section 12. (2) The negative resolution procedure shall apply to regulations made under subsection (1). Transitional 27 [omitted] 11
12 SCHEDULE (Section 5) 1 A member of the licensing authority, shall be appointed for a period of three years beginning on such day as may be determined by the Minister. 2 A member of the licensing authority may resign his office at any time by notice in writing given to the Minister. 3 The Minister may declare the office of a member of the licensing authority vacant if he is satisfied that the member is unable through mental or physical incapacity or absence from Bermuda to perform the functions of his office; has failed, without adequate cause, to attend three successive meetings of the licensing authority; has been sentenced to imprisonment for the commission of a criminal offence. 4 A person appointed to fill the place of a member of the licensing authority before the end of the member s term of office shall hold office so long only as the vacating member would have held office. 5 A person who has held office as a member of the licensing authority shall be eligible for re-appointment. 6 The licensing authority may act notwithstanding any vacancy in its membership, and no act of the licensing authority shall be deemed to be invalid only by reason of a defect in the appointment of a member thereof. 7 The licensing authority shall meet as often as may be necessary for it to dispatch their business under this Act. 8 9 A minute shall be made of every decision of the licensing authority. The Chairman may designate a public officer to be clerk to the licensing authority. 10 A member of the licensing authority who has any interest whatsoever in any application to be heard by the licensing authority shall declare such interest and the Chairman shall determine whether such member shall take part in the proceedings of the licensing authority on that application. 11 The quorum of the licensing authority shall be the Chairman and two members thereof. 12
13 12 Any order of the licensing authority given under the Act or licence issued on the authority thereof shall be deemed to be duly authenticated if it is given under the hand of the Chairman. 13 In any matter before the licensing authority the Chairman or person acting as Chairman shall have a deliberative as well as a casting vote. 14 A notice may be given to the licensing authority by service upon the office manager of the Magistrates Courts. 15 Subject to the foregoing provisions of this Schedule and to any regulations under section 26 the licensing authority may determine its procedure. For the purposes of this Schedule a reference to a member or the membership of the licensing authority shall, unless the context otherwise requires, be construed as including the Chairman. [NOTE The principal Act was formerly known as The Betting (Regulation and Tax) Act 1975" but by virtue of 1976:32 may now be cited as The Betting Act 1975".] [Assent Date: 13 May 1975] [Amended by: 1976 : : : : 35 BR 81 / : 20] 13
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