Gambling (Jersey)
Law 2012
A LAW to restate and amend the law
relating to gambling; to licence commercial provision of forms of gambling
services; to regulate private and non-commercial gambling; to establish
enforcement powers and provide for offences in relation to gambling; and for connected
purposes.
Adopted by the
States 20th July 2011
Sanctioned by
Order of Her Majesty in Council 30th May 2012
Registered by the
Royal Court 15th
June 2012
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
PART 1
Interpretation AND application
1 Interpretation
In this Law, unless the context otherwise
requires –
“advertise”, in
relation to gambling, has the meaning given by Article 29;
“ancillary service”
has the meaning given by Article 23;
“anti-money laundering and
counter-terrorism legislation” has the meaning given by Article 3
of the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008[1];
“applicant” means a
person applying to be granted a licence;
“associate” has the
meaning given by Article 4;
“child” means a
person under the age of 18;
“code of practice”
means a code of practice approved under Article 6 of the Commission Law;
“commercial gambling”
has the meaning given by Article 7;
“commercial operator”
has the meaning given by Article 7;
“Commission” means
the Jersey Gambling Commission established by the Commission Law;
“Commission Law”
means the Gambling Commission (Jersey) Law 2010[2];
“condition” means a
condition imposed on a licence, permit or approval under this Law;
“conduct”, in
relation to gambling, has the meaning given by Article 2;
“Court” means the Royal
Court;
“customer” has the
meaning given by Article 7;
“direction” means a
direction under Article 35;
“equipment” includes
software;
“facilitate”, in
relation to gambling, has the meaning given by Article 2;
“gambling” includes
all forms of betting, gaming and lottery;
“gambling advertisement”
has the meaning given by Article 29;
“gambling service”
has the meaning given by Article 2;
“good practice”
means practice that appears to the Commission to be desirable having regard to
the guiding principles;
“guiding principles”
means the principles set out in Article 4 of the Commission Law;
“holding body” has
the meaning given by Article 2 of the Companies (Jersey) Law 1991[3], but without reference to Article 1(2)
of that Law;
“licence” means a
licence granted under this Law;
“licensee” means a
person holding a licence;
“Minister” means the
Minister for Economic Development;
“principal person”,
in relation to an applicant or a licensee, has the meaning given by Article 4;
“private gambling”
has the meaning given by Article 28;
“published” means
published in a manner likely to bring it to the attention of those affected;
“subsidiary” has the
meaning given by Article 2 of the Companies (Jersey) Law 1991, but
without reference to Article 1(2) of that Law;
“type of gambling”
has the meaning given by Article 3.
2 Gambling
service, facilitation and conduct defined
(1) For
the purposes of this Law a gambling service is a service that –
(a) is
provided by a person to another person; and
(b) consists
wholly or mainly of –
(i) gambling with
that other person, in accordance with arrangements made by the person providing
the service, or
(ii) facilitating gambling
by that other person.
(2) A
person facilitates gambling by another person if the person –
(a) provides,
operates or administers arrangements for that other person’s gambling; or
(b) participates
in the operation or administration of that other person’s gambling.
(3) The
States may, by Regulations, prescribe –
(a) acts
falling within paragraph (2) which are nevertheless not to be treated as
facilitating gambling;
(b) acts
not falling within paragraph (2) which are nevertheless to be treated as
facilitating gambling.
(4) For
the purposes of this Law a person conducts gambling if the person provides a
gambling service in relation to that gambling.
(5) Paragraph (4)
applies irrespective of –
(a) whether
any other person also conducts the same gambling by providing another gambling
service in relation to it; and
(b) whether
any other person conducting the gambling does so as a commercial operator or
otherwise.
3 Types
of gambling
(1) A
reference in this Law to a type of gambling is to a type distinguished by
reference to any aspect of the gambling or its conduct.
(2) The
aspects by reference to which a type of gambling may be distinguished from
another type include –
(a) the
form of gambling, such as betting, gaming and lotteries, and combinations and subdivisions
of those (or of other forms), such as pool betting, spread betting, games of
mixed chance and skill, or games of equal or unequal chance;
(b) the
means by which gambling is conducted or paid for, such as through remote or
electronic communication, by telephone, through gaming machines or amusements
with prizes, with cards, dice or other equipment, or with payment by credit
card;
(c) the
premises or locations in which gambling is conducted, such as dedicated
offices, public houses, race tracks or public places;
(d) the
persons by whom gambling is conducted, such as natural persons, bodies
corporate or other forms of body, or persons with specified connections with
Jersey or with other territories or countries;
(e) the
persons with whom gambling is conducted, such as persons with specified
relationships to each other, persons of particular ages, persons who have
indicated in a specified manner that they wish to be prevented from gambling,
persons suffering from any other specified vulnerability, persons not present
in Jersey, or persons in particular countries or territories;
(f) the
purposes for which gambling is conducted, such as to raise money for a
specified purpose or to entertain persons attending at an event held for a
purpose other than gambling, or as an inducement for persons to attend such an
event;
(g) the
financial aspects of gambling, such as the amounts which may be won or lost by
those gambling, the amounts made by a person conducting gambling, or the means
of payment such as by credit card; or
(h) the
circumstances in which gambling is conducted, such as the number or nature of
the occasions on which it is conducted or the manner in which it is or is not
advertised,
as any of those terms may be defined by the person, or in the enactment
or instrument, making the distinction.
(3) Nothing
in paragraph (2) limits paragraph (1).
(4) A
reference in this Law to a type of service, licence, permit, approval or
registration, is to be read accordingly as a reference to a service, licence,
permit, approval or registration, in relation to a type of gambling.
4 Associate
and principal person defined
(1) For
the purposes of this Law an associate, in relation to a person, is –
(a) the
person’s husband, wife, child or stepchild;
(b) the
person’s partner;
(c) a
company of which the person is a director;
(d) where
the person is a company –
(i) a director or
employee of the company,
(ii) another company
that is the company’s holding body, the company’s subsidiary, or a
subsidiary of the company’s holding body, and
(iii) a director or employee
of a company falling within clause (ii); and
(e) another
person with whom the person has an agreement, arrangement or other obligation –
(i) to act together
in exercising voting power,
(ii) with respect to
the acquisition, holding or disposal of shares or other interests in a company,
partnership or other association.
(2) For
the purposes of this Law a principal person, in relation to an applicant or a
licensee, is a person falling within any one or more of paragraphs (3) to
(8), as read with paragraph (9).
(3) A
person falls within this paragraph in relation to an applicant or licensee that
is a sole trader, if the person is the proprietor.
(4) A
person falls within this paragraph in relation to an applicant or licensee that
is a company, if the person is –
(a) a
person who, either alone or with any associate or associates –
(i) directly or
indirectly holds 10% or more of the share capital issued by the company,
(ii) is entitled to
exercise or control the exercise of not less than 10% of the voting power in
general meeting of the company or of any other company of which it is a
subsidiary, or
(iii) has a holding in the
company directly or indirectly which makes it possible to exercise significant
influence over the management of the company;
(b) a
director; or
(c) a
person in accordance with whose directions, whether given directly or
indirectly, any director of the company, or director of any other company of
which the company is a subsidiary, is accustomed to act (but disregarding
advice given in a professional capacity).
(5) A
person falls within this paragraph in relation to an applicant or licensee that
is a partnership, if the person is –
(a) a
partner; or
(b) where
a partner is a company, any person who, in relation to that company, falls
within paragraph (4)(a), (b) or (c).
(6) A
person falls within this paragraph in relation to an applicant or licensee whose
registered office and principal place of business is outside Jersey, if the
person, either alone or jointly with one or more other persons, is responsible
for the conduct of the applicant’s or licensee’s gambling business
in Jersey.
(7) A
person falls within this paragraph in relation to an applicant or licensee who
has become bankrupt, if the person has been appointed as liquidator or
administrator of the bankrupt person’s affairs.
(8) A
person falls within this paragraph in relation to an applicant or licensee if
the person appears to the Commission to be likely to be able to influence,
whether as an associate, employee, agent, officer, member, relative or
otherwise –
(a) the
behaviour of the licensee, or of the applicant after being granted a licence;
or
(b) the
outcome of gambling conducted by the licensee, or by the applicant after being
granted a licence.
(9) This
Article applies in relation to a body corporate (wherever incorporated) that is
not a company as it applies to a company, and references to a director or
member, or to a share, holding or vote, are to be read as references to any
equivalent person or interest in relation to such a body.
5 Application
of Law
(1) Nothing
in or under Parts 2, 3 or 4 of this Law is to be construed as applying to
private gambling unless it expressly so provides.
(2) Nothing
in this Law applies to an act that constitutes exempt finance business,
irrespective of whether that act also constitutes gambling or the facilitation
or conduct of gambling.
(3) In paragraph (2)
“exempt finance business” means –
(a) deposit-taking
business within the meaning of the Banking Business (Jersey) Law 1991[4];
(b) the
business of –
(i) a collective
investment fund within the meaning of the Collective Investment Funds (Jersey)
Law 1988[5], or
(ii) a scheme or
arrangement that, but for the operation of an Order under Article 3(7) of that
Law, would constitute such a fund;
(c) financial
services business within the meaning of the Financial Services (Jersey) Law 1998[6], or business that would be
such financial services business but for an exemption conferred by Article 7(2)
of that Law;
(d) insurance
business for the purposes of the Insurance Business (Jersey) Law 1996[7];
(e) the
use or proposed use of chance to select particular securities for special
benefits, if –
(i) the securities
are issued by the States or by or under the Authority of Her Majesty’s
Government in the United Kingdom, and
(ii) the terms of the
issue provide that the amount subscribed is to be repayable in full in the case
of all the securities.
(4) The
Minister may by Order, after consulting the Commission and the Jersey Financial
Services Commission, amend any sub-paragraph of paragraph (3).
(5) Nothing
in this Law applies to the disposal by lot of any land, goods or other thing
whatsoever under and in accordance with the law, whether customary or enacted,
of Jersey.
6 No
general right to gamble
Nothing in this Law is to be construed as requiring, and no
enactment under this Law may require –
(a) the
Commission to grant a licence, permit, approval, or registration for any
particular type of gambling or to any particular applicant or to an applicant
of any particular description; or
(b) a person
to provide a gambling service to any particular person.
PART 2
Commercial gambling services
7 Interpretation:
commercial gambling
(1) For
the purposes of this Law –
(a) a
commercial gambling service is a gambling service that –
(i) is provided by
way of business, and
(ii) is provided to a
person who gambles otherwise than by way of business;
(b) a
commercial operator is a person who –
(i) provides a commercial
gambling service, or
(ii) holds himself,
herself or itself out as providing or as offering to provide such a service;
(c) a
customer is a person –
(i) who gambles
otherwise than by way of business, and
(ii) to whom a
commercial gambling service is provided in relation to that gambling; and
(d) gambling
is commercial gambling if at least one of the persons who gambles does so as a
customer of a commercial operator.
(2) For
the purpose of paragraph (1), it is irrelevant –
(a) whether
there are other persons who gamble in addition to the customer, and whether
they do so as customers or otherwise; and
(b) whether
there are other persons who provide a gambling service in relation to the
gambling, and whether they do so as commercial operators or otherwise.
8 Prohibition
of unlicensed provision of commercial gambling services
(1) Unless
a person holds for the time being a licence granted under this Part, that
person must not –
(a) provide
a commercial gambling service in or from within Jersey;
(b) hold
himself, herself or itself out as providing a commercial gambling service in or
from within Jersey;
(c) being
a body incorporated in Jersey, provide a commercial gambling service in any
part of the world; or
(d) being
a body incorporated in Jersey, hold himself, herself or itself out as providing
a commercial gambling service in any part of the world.
(2) The
States may by Regulations –
(a) prescribe
circumstances in which, and restrictions subject to which, paragraph (1)
does not apply to the provision of a type of commercial gambling service;
(b) prescribe
circumstances in which the provision of a type of gambling service is to be
treated as being, or not being, in or from within Jersey.
(3) A
person who contravenes this Article is guilty of an offence and liable to imprisonment
for a term of 5 years and to a fine.
9 Commission
policy
(1) The
Commission must prepare a statement setting out the Commission’s policy
as to the circumstances in which, and the types of gambling for which, it will
generally (and subject to Articles 6 and 10) grant or refuse an
application for a licence.
(2) The
statement must also –
(a) indicate
when standard supplementary conditions will be imposed on a licence, either by
setting out details in the statement or by giving information as to the
publication of those details in the document publishing the standard
supplementary conditions under Article 19; and
(b) set
out the Commission’s policy as to the circumstances in which, and the
types of gambling for which, if it grants a licence, it will generally specify
in the licence an expiry date of less than 5 years under Article 14(2)(b).
(3) Before
preparing a statement, or making a significant revision of a statement under paragraph (4)(b),
the Commission must consult the Minister, licensees and such other persons as
the Commission thinks appropriate.
(4) The
Commission must –
(a) review
the statement from time to time;
(b) revise
the statement when the Commission thinks it necessary; and
(c) as
soon as is reasonably practicable –
(i) send the
statement, as prepared or revised, to the Minister, and
(ii) publish that
statement.
(5) The
Commission must have regard to the published statement when deciding whether to
take any action referred to in paragraph (1) or (2).
(6) Nothing
in a statement is to be taken as an exhaustive description of the circumstances
in which, or the types of gambling for which, the Commission will or may refuse
an application for a licence.
(7) In
carrying out its functions under this Part the Commission must in particular,
and in addition to its duties under Articles 4, 6(1) and 7(5) of the
Commission Law, aim to secure –
(a) the
reduction of the risk to the public of financial loss due to dishonesty,
incompetence or malpractice by, or the financial unsoundness of, providers of
commercial gambling services; and
(b) the
protection and enhancement of the reputation and integrity of Jersey in gambling
matters, and in commercial and financial matters as those are affected by commercial
gambling.
10 Regulations
to prevent or restrict licensing of types of gambling
The States may by Regulations –
(a) provide
that no licence may be granted by the Commission for a prescribed type of
gambling;
(b) provide
that no licence may be granted by the Commission for a prescribed type of
gambling, except –
(i) in
prescribed circumstances,
(ii) subject
to prescribed conditions, in addition to the mandatory conditions in Articles 16
and 17, or
(iii) in
prescribed circumstances and subject to such additional prescribed conditions;
(c) provide
that, unless a licence expressly provides otherwise, the licence –
(i) does
not permit a prescribed type of gambling, or
(ii) if
it is a licence for a prescribed type of gambling, is to be subject to
prescribed conditions in addition to the mandatory conditions in Articles 16
and 17.
11 Applications
for licences
(1) A
person (referred to in this Law as an “applicant”) who intends to provide
a commercial gambling service must make an application to the Commission for a
licence under this Part.
(2) An
application under paragraph (1) must –
(a) be
in such form as the Commission may from time to time determine and publish for
the type of commercial gambling service that the applicant intends to provide; and
(b) contain
or be accompanied by such information and documents as the Commission may
require, relating to the applicant, to the applicant’s business, to the
gambling to be conducted under the licence, or to persons who are principal
persons in relation to the applicant, and verified in such manner as the
Commission may require.
(3) At
any time after receiving an application and before determining it the
Commission may, at its discretion, by written notice require the applicant to
provide such additional information or documents as the Commission reasonably
requires for the determination of the application, verified in such manner as
the Commission may require, and such requirements may differ as between
different applications and different types of commercial gambling service.
(4) The
Commission may by written notice require the applicant to provide a report by
an auditor or accountant, or other expert or qualified person approved by the
Commission, on such aspects of any information and documents required by or
under paragraph (2)(b) or (3) as the Commission may specify.
(5) If,
while an application is awaiting determination by the Commission, the applicant –
(a) determines
to bring about any alteration in; or
(b) becomes
aware of any event which may affect in any material respect,
any information or document supplied to the Commission in connection
with the application, the applicant must forthwith give written notice of that
matter to the Commission.
(6) An
applicant may, by written notice to the Commission, withdraw the application at
any time before it is granted or refused.
12 Circumstances
in which Commission may grant licence
(1) The
Commission may only grant a licence to a person if the Commission is satisfied
that –
(a) having
regard to the information before the Commission as to –
(i) the integrity,
competence, financial standing, structure and organization of the applicant,
(ii) the persons
employed by or associated with the applicant for the purposes of the
applicant’s business or who are principal persons in relation to the
applicant, and
(iii) the description of commercial
gambling service which the applicant proposes to provide,
the applicant is a fit and proper person to conduct gambling under
the licence;
(b) the
person will ensure that gambling is conducted fairly and that appropriate
protection will be provided by the person to customers of the person;
(c) the
person will establish and maintain, during any period in which gambling is
conducted under the licence, a system for monitoring the conduct of gambling
under the licence;
(d) the
grant of the licence to the person will not be harmful to the reputation and
integrity of Jersey in gambling matters, or in commercial and financial matters
as those are affected by commercial gambling;
(e) the
person has a sufficient connection with Jersey to enable the Commission to take
effective enforcement action against the person;
(f) there
is not another type of gambling licence that would be more appropriate than the
type for which the person has applied, for the gambling proposed to be conducted
from Jersey under the licence;
(g) an
independent person approved by the Commission has tested each item of equipment
that will be used in the conduct of the gambling under the licence and that may
affect –
(i) the outcome of
gambling under the licence; or
(ii) whether the
person will conduct the gambling in accordance with the guiding principles and
in compliance with any relevant code of practice;
(h) where
the Commission has sent a notice in writing to the person under Article 13(5),
the person has, within 30 days of the Commission sending the notice, paid
the further investigation fee.
(2) Paragraph (1)(g)
does not apply to any item in respect of which the Commission is satisfied that
such testing is not necessary, whether in general or in the circumstances of
the application.
(3) Without
limiting the matters that the Commission may take into account in determining
whether to grant a gambling licence to an applicant, the Commission must take
into account –
(a) the
financial standing, including the financial stability and the adequacy of the
capital base, of the applicant;
(b) whether
the applicant conducts gambling and associated operations in a fair manner;
(c) if
the applicant, or a principal person in relation to the applicant, conducts
gambling in a country or territory outside Jersey, the extent to which the laws
of that country or territory are adequate to regulate that applicant or
principal person, in its conduct of gambling in that country or territory, in a
manner that ensures that the reputation and integrity of Jersey in gambling
matters, and in commercial and financial matters as those are affected by
commercial gambling, would not be harmed by the grant of a licence;
(d) whether
the applicant has at any time been subject to adverse findings, in respect of
the conduct of gambling in a country or territory outside Jersey, by a law
enforcement agency situated in that country or territory;
(e) whether
the applicant has at any time and whether or not in relation to the application,
in any case where information was required under this Law in any connection –
(i) failed to provide
any such information, or
(ii) provided to the
Commission information which was untrue or misleading in any material
particular;
(f) whether
the applicant has at any time failed, in any material respect, to comply with –
(i) a condition on a
current or previous licence held by the applicant,
(ii) a code of
practice, or
(iii) a direction given to
the person at any time;
(g) whether
at any time –
(i) a direction has
been given on the basis of any default by the applicant,
(ii) an injunction has
been issued under Article 36(2) to the applicant,
(iii) an order has been made under
Article 36(4) on the basis of any contravention by the applicant,
(iv) the applicant has been
the subject of an order for intervention under Article 37,
(v) a licence held by the
applicant has been revoked under Article 38, or
(vi) the applicant has been
served with a final notice of a civil financial penalty under Article 39;
(h) whether
the applicant or any person employed by or associated with the applicant for
the purposes of the applicant’s business has been convicted of –
(i) an offence under
this Law or the Commission Law,
(ii) an offence under the
anti-money laundering and counter-terrorism legislation;
(iii) an offence under the
Data Protection (Jersey) Law 2005[8], the Supply of Goods and
Services (Jersey) Law 2009[9] or the Distance Selling
(Jersey) Law 2007[10];
(iv) an offence of perjury
or conspiracy to pervert the course of justice, or any other offence involving
fraud or other dishonesty, or
(v) any offence, under the
law of a country or territory outside Jersey, that is similar to an offence
mentioned in any of clauses (i) to (iv);
(i) the
adequacy of the applicant’s systems (including equipment), and of any
testing carried out on those systems, that are in place in relation to the
gambling to ensure that the applicant conducts the gambling in accordance with
the guiding principles and in compliance with any relevant code of practice;
(j) whether
there is any other person –
(i) who is a
principal person in relation to the applicant, and
(ii) in relation to
whom the Commission considers it should enquire into any of the matters
referred to in any of sub-paragraphs (a) to (h) because of that
person’s relationship to the applicant;
(k) whether
the imposition of conditions may be sufficient to address any concerns of the
Commission in relation to any issue taken into account under any of
sub-paragraphs (a) to (j); and
(l) its
policy published under Article 9.
(4) The
assessment of the adequacy of the applicant’s systems under paragraph (3)(i)
must include, but is not limited to, whether the systems are adequate to ensure
that –
(a) each
customer’s funds are separately recorded from each other customer’s
funds and from the funds of the applicant;
(b) customers’
winnings are paid out accurately and promptly;
(c) accurate
recording is made and kept of deposits and wagers;
(d) any
funds of a customer that are held by the applicant and that have not been used
by the customer are kept separately from the funds of the applicant, may not be
used by the applicant, any creditors of the applicant or any holding body or
subsidiary of the applicant, and are refundable to the customer at the customer’s
request;
(e) persons
may, at their own request or otherwise, be excluded from or limited as to
gambling as customers of the applicant; and
(f) the
applicant complies with the anti-money laundering and counter-terrorism
legislation and the Data Protection (Jersey) Law 2005, and with any
similar laws of any country or territory outside Jersey in which the applicant
will conduct gambling.
(5) If
the application is for a licence to take effect on the expiry of another
licence, the Commission –
(a) must
consider whether it holds any relevant information previously obtained by it in
connection with the expiring licence; and
(b) may
rely on that information unless it has any reason to believe that the
information may not still be current.
(6) For
the purpose of this Article, any action taken under any enactment repealed or
revoked by this Law is to be treated as if it had been taken under any
equivalent provision of or under this Law.
13 Fees
for application and further investigation
(1) The
Commission may, in accordance with Articles 46 and 47, publish first stage
application fees and further investigation fees in relation to applications for
licences.
(2) The
Commission may publish different fees under paragraph (1) in relation to
different types of licences or different circumstances, and may vary or
withdraw a published fee.
(3) Paragraphs (4)
to (8) apply in relation to a fee published under paragraph (1).
(4) An
application under Article 11 must be accompanied by a published first
stage application fee.
(5) The
Commission may, by notice in writing, require an applicant to pay a published
further investigation fee.
(6) The
Commission may only issue a notice to a person under paragraph (5) if the
Commission is of the opinion that the amount of the first stage fee paid by the
person will not cover the costs of making all the investigations necessary to
determine whether to grant a licence in accordance with the application by the
person.
(7) The
Commission may issue as many further notices to a person under paragraph (5)
as the Commission thinks necessary to cover the costs referred to in paragraph (6)
in relation to the application by the person.
(8) If
the application is for a licence to take effect on the expiry under Article 14(2)(b)
of another licence, the Commission –
(a) must
take account of its duty and power under Article 12(5);
(b) must
reduce the first stage fee by such amount as it thinks fit, if it considers
that the full amount is not needed to cover the costs referred to in paragraph (6),
whether because any investigation does not need to be repeated or for any other
reason; and
(c) must
not issue a notice under paragraph (5) unless it considers that there has
been a significant change, since the grant of the expiring licence, requiring further
investigation.
14 Grant
or refusal of licence
(1) The
Commission may, after considering an application under Article 11 from a
person –
(a) grant
a licence to the person; or
(b) refuse
to grant a licence.
(2) A
licence –
(a) takes
effect from a date, no earlier than the date of its grant, specified in the
licence; and
(b) expires
5 years after that date, or on any sooner date specified in the licence.
(3) In
considering whether to specify a date under paragraph (2)(b), the
Commission must take account of its published policy under Article 9.
15 Conditions
(1) A
licence is subject to –
(a) the
mandatory conditions specified in or under Articles 16 and 17; and
(b) the
supplementary conditions imposed by the Commission under Article 18.
(2) An
act does not constitute any offence under this Law merely by virtue of
constituting a contravention of a condition.
(3) A
condition must not be framed or construed in such a way that the licensee
contravenes the condition merely by virtue of an act that constitutes an
offence under this Law.
16 Mandatory
conditions: general
(1) It
is a condition of every licence that, to the extent that gambling is conducted
under the licence from any premises in Jersey, it must not be conducted from
any such premises other than premises that are acceptable to the Commission and
are specified in the licence.
(2) It
is a condition of every licence that the gambling must not be advertised in any
manner that is directed at children or that contravenes any provision of a code
of practice that restricts advertising of commercial gambling in relation to
children.
(3) It
is a condition of every licence that the licensee and any employee or agent of
the licensee must, in conducting gambling in or from within Jersey and any
related activity, comply with all of the following that apply to any act in the
course of such conduct or activity –
(a) the
Data Protection (Jersey) Law 2005; and
(b) the
anti-money laundering and counter-terrorism legislation.
(4) It
is a condition of every licence that the licensee must not allow an individual
to perform a function, engage in employment or hold a position, if the licensee
knows or can reasonably be expected to know that such performance, engagement
or holding is in contravention of a direction that makes a requirement referred
to in Article 35(2)(c).
(5) The
States may by Regulations specify other mandatory conditions to which every
licence is to be subject.
17 Mandatory
conditions: supervision
(1) It
is a condition of every licence that the licensee must co-operate with the
Commission to enable it to carry out reasonable routine examinations of the
licensee, including occasional examinations without advance notice.
(2) It
is a condition of every licence that the licensee must, if required by the
Commission in connection with a routine examination under paragraph (1) –
(a) supply
to the Commission information in a format and at times specified by the
Commission;
(b) provide
answers to questions asked by the Commission;
(c) allow
officers or agents of the Commission to enter any premises occupied or used by
the licensee for the conduct of gambling or for any related activity; and
(d) allow
officers or agents of the Commission, while on the premises in accordance with
sub-paragraph (c) –
(i) to search the
premises,
(ii) to examine
equipment on the premises,
(iii) to take possession of
any information or documents on the premises or accessible (electronically or
otherwise) from the premises,
(iv) to take, in relation to
any such equipment, information or documents, any other steps that may appear
to be necessary to preserve them or prevent interference with them,
(v) to require any person
present on the premises to provide an explanation of such equipment,
information or documents, if the person appears to be in possession of relevant
information, and
(vi) to take copies of, or
extracts from such documents.
(3) It
is a condition of every licence that the licensee must at the request of the
Commission, at any reasonable time and whether or not in connection with a
routine examination, provide the Commission with the information that the
Commission may reasonably require in relation to –
(a) the
conduct of gambling, from Jersey or from any other country or territory, by the
licensee or by any holding body or subsidiary of the licensee;
(b) the
control, by its owners, executive officers and directors, of any body corporate
constituting the licensee, or of any holding body or subsidiary of the
licensee; or
(c) the
regulation, by any body exercising in any country or territory other than
Jersey similar functions to those of the Commission, of gambling conducted from
such a country or territory by the licensee or by any holding body or
subsidiary of the licensee.
(4) It
is a condition of every licence that the licensee must provide the Commission
with any information in the licensee’s possession, if the licensee knows
or has reasonable cause to believe that –
(a) the
information is relevant to the exercise by the Commission of its functions
under this Law in relation to the licensee; and
(b) the
withholding of the information is likely to result in the Commission being
misled as to any matter which is relevant to and of material significance for
the exercise of those functions in relation to the licensee.
(5) It
is a condition of every licence that a licensee which is a company must notify
the Commission, in relation to that company or to any holding body or
subsidiary of that company, of –
(a) any
change to the structure of such a company;
(b) any
significant changes to the class of the shares in such a company or the rights
that attach to them;
(c) the
identity of each shareholder in such a company who holds 10% or more of the
shares in that company;
(d) any
change to the shareholdings in such a company, being changes relating to 10% or
more of the issued share capital of that company; and
(e) any
appointments, dismissals, resignations or deaths of directors of such a
company.
(6) It
is a condition of every licence that, if the Commission notifies the licensee
that the Commission is interested in the conduct overseas of gambling by the
licensee or by a particular holding body or subsidiary of the licensee, the
licensee must notify the Commission of –
(a) any
investigation into such conduct, being an investigation carried on outside
Jersey by a law enforcement agency other than the Commission; and
(b) any
changes to the laws of the country or territory in which the gambling is
conducted, being laws that relate to that conduct.
(7) Nothing
in the mandatory conditions imposed by this Article –
(a) requires
the disclosure or production by a licensee to the Commission of information or
documents which the licensee would in an action in the court be entitled to
refuse to disclose or produce on grounds of legal professional privilege in
proceedings in the court; or
(b) limits
any action that may be taken in respect of a licensee under any of Articles 30,
32 and 33.
(8) A
statement made by a person in compliance with a requirement imposed under this
Article may not be used by the prosecution in evidence against the person in
any criminal proceedings, except proceedings under Article 34.
(9) Nothing
in paragraph (8) prevents the Commission using a statement mentioned in
that paragraph for the purpose of any of its functions, including the
imposition of a civil financial penalty under Article 39.
18 Supplementary
conditions
(1) On
granting a licence, the Commission must impose supplementary conditions to
which the licence is subject, in addition to the mandatory conditions.
(2) After
granting a licence, the Commission may amend a supplementary condition to which
the licence is subject.
(3) The
supplementary conditions imposed –
(a) must
include –
(i) each standard
supplementary condition applicable to that type of licence under Article 19,
unless the Commission considers there is an exceptional reason not to impose
that standard condition on that particular licence, and
(ii) conditions,
whether standard or otherwise, making provision in relation to the matters set
out in Article 20;
(b) may
include –
(i) conditions,
whether standard or otherwise, making provision in relation to any or all of
the matters set out in Article 21, and
(ii) any other
condition, whether standard or otherwise, that the Commission considers
reasonable to ensure observance of the guiding principles, good practice and this
Law; and
(c) may
not include any provision –
(i) that is
inconsistent with this Law, the Commission Law, or any enactment under either
of those Laws, or
(ii) that limits a
power of the Commission or a duty of a licensee under a mandatory condition
specified in Article 16 or 17.
(4) In
imposing or amending supplementary conditions, whether standard or otherwise,
the Commission –
(a) must
seek to promote observance of the guiding principles, good practice and this
Law;
(b) may
frame a condition by reference to a code of practice, or so as to require
compliance with a provision of such a code; and
(c) may
frame a condition so as to require checking or approval by other bodies within
or outside Jersey, of staff, equipment, premises or other aspects of the
conduct of the gambling.
19 Standard
supplementary conditions
(1) The
Commission must determine and publish standard supplementary conditions.
(2) In
publishing a standard supplementary condition, the Commission must specify
whether it is applicable –
(a) to
all licences;
(b) to
all licences of a specified type; or
(c) to
licences determined by some other specified criterion.
(3) The
specification referred to in paragraph (2) may be published in the
document in which the standard conditions are published, or in the statement of
policy published under Article 9.
(4) The
Commission must seek to promote, in determining, publishing and imposing
standard supplementary conditions –
(a) consistency
in the conditions imposed on licences of types that it considers call for
similar treatment, particularly in relation to the matters set out in Article 20;
and
(b) transparency
for applicants, licensees, the staff and customers of licensees, and the
public.
(5) The
Commission may impose on a licence supplementary conditions that are not
standard, whether or not it also imposes standard supplementary conditions.
20 Compulsory
matters for supplementary conditions, without compulsory content
(1) The
matters in relation to which supplementary conditions (whether standard or
otherwise) must make provision are –
(a) the
form of gambling, as referred to in Article 3(2)(a), in relation to which
services may be provided under the licence;
(b) the
restrictions as to involvement of children as customers of the licensee, as
employees of the licensee, or in any other way in the provision of the
licensee’s gambling service;
(c) the
systems to be used to carry out checks on the age and vulnerability of
customers;
(d) the
manner in which, or system by which information is to be made available to
customers about –
(i) the availability,
under Article 9 of the Commission Law, of assistance with problems related
to excessive gambling,
(ii) what may be lost
or won in relation to the gambling and the chances of winning or losing,
(iii) the identity of the
licensee, and
(iv) the regulation of the
gambling by the Commission;
(e) the
systems to be used to ensure that persons employed by the licensee in particular
capacities are suitable, including the checks to be carried out on the
suitability of those persons;
(f) the
maintenance of the adequacy of the systems referred to in sub-paragraphs (c),
(d) and (e) and in Article 12(3)(i);
(g) whether
gambling advertisements may be issued by the licensee or may be issued in
relation to gambling conducted by the licensee, including any restriction as to
the form, content, timing and location or publication of any permitted
advertisement and in particular any step to be taken to reduce the risk of harm
to children; and
(h) the
nature and use of any equipment, including any equipment outside Jersey, that
is to be used in respect of the gambling conducted under the licence and that
it is capable of affecting –
(i) the outcome of
gambling under the licence, or
(ii) whether that
gambling will be conducted in accordance with the guiding principles and in
compliance with any relevant code of practice;
(i) whether
any connection is permitted between any equipment falling within sub-paragraph (h)
and any other equipment;
(j) the
requirements as to testing and notification before any changes may be made to
that equipment; and
(k) the
manner in which, and times at which records, accounts and annual statements are
to be made, retained, verified and sent to the Commission.
(2) Nothing
in paragraph (1) limits the power of the Commission to determine, in
accordance with its duty under Article 18(4)(a), the content of the
provision to be made on a matter referred to in that paragraph.
21 Optional
matters for supplementary conditions
Without prejudice to the generality of the Commission’s power
to impose any supplementary condition, the matters in relation to which
supplementary conditions may make provision include –
(a) the
amounts payable by customers in relation to the gambling and the manner in
which they are paid;
(b) the
amounts to be paid to customers in relation to the gambling, and any other
items or advantages to be given as winnings, and the manner in which they are
delivered;
(c) the
display of information intended to ensure that customers are not misled as to
any issue relevant to the fairness of the gambling, and the form, location,
manner and occasions of the display;
(d) the
persons who may supply, install or maintain equipment that may used in
connection with the gambling, including any requirements as to approval,
certification, qualification or training of those persons;
(e) the
training of staff in respect of the requirements of the guiding principles,
good practice and this Law;
(f) any
other matter falling within Article 12(1) or (3); and
(g) the
provision and maintenance of a current address at which the licensee agrees to
accept service of any documents under this Law, and which is to be taken to be
that person’s proper address for the purpose of Article 7 of the
Interpretation (Jersey) Law 1954[11].
22 Annual
licence fees
(1) The
Commission may, in accordance with Articles 46 and 47, determine and publish
annual fees in relation to licences.
(2) The
Commission may determine different annual fees under paragraph (1) in
relation to different types of licence or different circumstances, and may vary
or withdraw a published fee.
(3) Paragraphs
(4) to (15) apply in relation to a fee published under paragraph (1).
(4) In this
Article –
(a) “first
year of effect”, in relation to a licence, means a period of 12 months
after the licence takes effect;
(b) “subsequent
year of effect”, in relation to a licence, means a period of 12 months
after each anniversary of the date on which the licence takes effect, if the
licence continues in effect during all or any part of that period.
(5) The
licensee must pay to the Commission any published annual fee in relation to the
licence within 28 days after the start of each of the first and subsequent
years of effect of that licence.
(6) At
the end of a 28 day period referred to in paragraph (5), if the
licensee has not paid the relevant annual fee in relation to that year of
effect, that licence is revoked by virtue of this paragraph.
(7) The
revocation of a licence under paragraph (6) does not extinguish the
liability to pay the fee.
(8) The
relevant annual fee for a licence to which paragraph (9) does not apply is
the fee determined and published under Articles 46 and 47 in respect of
that licence.
(9) If
the Commission determines and publishes, in relation to a type of licence or to
specified circumstances, a minimum and maximum fee and gambling yield, with any
fee for any band of gambling yields in between, the relevant annual fee for a
licence is –
(a) the
fee notified by the Commission to the licensee no later than 14 days
before the fee is due; or
(b) if
the Commission fails to give that notification by that date, the published minimum
fee.
(10) The fee
notified by the Commission must be the amount referred to in paragraph (11)
by reference to –
(a) the
Commission’s calculation of the gambling yield;
(b) if
the licensee has failed to provide evidence of its gambling yield to the
satisfaction of the Commission, the Commission’s estimate of that yield;
or
(c) if paragraph (14)
applies, a gambling yield treated –
(i) as exceeding the published
maximum gambling yield, or
(ii) as being of such
lower amount as the Commission may consider reasonable in the circumstances.
(11) The
amount for the purpose of paragraph (10) in relation to a year of effect
of a licence is –
(a) the
published minimum fee, if there was no gambling yield in the relevant period,
or if that yield was less than the published minimum gambling yield;
(b) the
relevant published fee, if the gambling yield in the relevant period fell
within a band between the published minimum and maximum gambling yields; or
(c) the
published maximum fee, if the gambling yield in the relevant period equalled or
exceeded the published maximum gambling yield.
(12) The
relevant period is –
(a) in
relation to the fee for the first year of effect, the 12 month period
before the start of that year; and
(b) in
relation to the fee for each subsequent year of effect, the year of effect
preceding that year.
(13) The
gambling yield in a relevant period is the excess, if any, of the sums received
in that period from customers, over the sums paid in that period to customers,
by the licensee as a result of conducting gambling under any licence (whether
or not the licence in respect of which the fee is due).
(14) This
paragraph applies if –
(a) the
Commission notifies a licensee that it believes that the main purpose, or one
of the main purposes, of a transaction is the reduction of the liability of
that licensee to pay an annual fee; and
(b) the
licensee fails within a reasonable time of that notification to satisfy the
Commission either –
(i) that the purpose
of reducing liability for an annual fee was not the main purpose or one of the
main purposes for which the transaction was effected, or
(ii) that the
transaction was a bona fide commercial transaction and was not designed for the
purpose of reducing liability for an annual fee.
(15) In paragraph (14)
a reference to a transaction includes a combination or series of transactions.
PART 3
Other restrictions on gambling
Ancillary services
23 Interpretation:
ancillary services
(1) For
the purposes of this Law a gambling service is an ancillary service if it –
(a) is
provided by way of business; and
(b) is
not a commercial gambling service.
(2) The
States may by Regulations designate as an ancillary service for the purposes of
this Law a type of service that –
(a) is
related to gambling;
(b) is
provided by way of business;
(c) is
not provided to any person who gambles otherwise than by way of business; and
(d) does
not fall within paragraph (1).
24 Restriction
of ancillary services
(1) The
States may by Regulations –
(a) prohibit
the provision of a type of ancillary service in or from within Jersey;
(b) require
a person who provides a type of ancillary service in or from within Jersey to
hold a permit from the Commission;
(c) require
a person who provides a specified type of ancillary service in or from within
Jersey to hold an approval from the Commission.
(2) Regulations
under paragraph (1)(b) –
(a) must
include, in respect of permits, provisions equivalent to the provisions made in
respect of licences by –
(i) Article 9, and
(ii) Articles 43
and 45, in so far as they apply to decisions in respect of licences under any
provision for which the Regulations include an equivalent provision in respect
of permits;
(b) may
include, in respect of permits, provisions equivalent to the provisions made in
respect of licences by –
(i) any other
provision of Part 2, other than Article 8 or Article 10, and
(ii) any of the
provisions of Part 4 that otherwise apply only to licences;
(c) may
make equivalent provision for the purposes of sub-paragraphs (a) and (b) –
(i) by substituting
references to a permit for references to a licence,
(ii) by substituting references
to ancillary services for references to commercial gambling services,
(iii) by substituting
references to this Article for references to Article 8 and Article 10,
and
(iv) by making any other
modification appearing to the States to be necessary in order to adapt the
provision to a permit.
(3) Regulations
under paragraph (1)(c) –
(a) must
include, in respect of approvals, provisions equivalent to the provisions made
in respect of licences by Article 9;
(b) may
require a person holding or applying for an approval –
(i) to pay a fee,
determined and published by the Commission under Articles 46 and 47, and
(ii) to provide to the
Commission, at specified intervals, on specified occasions or on demand
accounts, reports or other information or evidence in relation to the service
provided under the approval; and
(c) may
provide for the circumstances in which and manner by which the Commission may
refuse or revoke a person’s approval, but only if also making provision
equivalent to Article 45, modified as necessary, to give a right of appeal
against refusal or revocation.
(4) A
person is guilty of an offence and liable to imprisonment for a term of 3 years
and to a fine, if the person –
(a) provides
an ancillary service in contravention of a prohibition under paragraph (1)(a);
(b) provides
an ancillary service for which a permit is required under paragraph (1)(b),
without holding the required permit; or
(c) holds
himself, herself or itself out as providing a service, if the provision of that
service would constitute an offence under sub-paragraph (a) or (b).
(5) A
person is guilty of an offence and liable to imprisonment for a term of 2 years
and to a fine, if the person provides an ancillary service for which an
approval is required under paragraph (1)(c), without holding the required
approval.
Other gambling
25 Interpretation:
charitable and membership gambling
(1) For
the purposes of this Law a charitable gambling service is a gambling service that –
(a) is
provided for the purpose of raising funds for a charity; and
(b) is
not provided by a commercial operator.
(2) For
the purposes of this Law a membership gambling service is a gambling service
that –
(a) is
provided –
(i) by a group of
persons all of whom are natural persons, or
(ii) on behalf of such
a group by a member of the group;
(b) is
provided to members of that group and to no other person;
(c) is
not provided with a view to the profit of any person other than the members of
that group; and
(d) is
not provided in relation to commercial gambling; and
(e) is
not a charitable gambling service.
(3) The
States may by Regulations designate as a charitable or membership gambling
service for the purposes of this Law a type of service that –
(a) is
related to gambling;
(b) is
not provided by way of business;
(c) is
provided at a social event or mainly for a charitable, sporting, cultural or
other purpose that is neither a purpose of private gain nor of any commercial
undertaking;
(d) is
not a public lottery for the purpose of Article 27; and
(e) does
not fall within paragraph (1) or (2).
(4) In
this Article “charity” means a corporation, association, trust or non-profit
organization referred to in Article 115(a), (aa) or (ab) of the Income Tax
(Jersey) Law 1961[12].
26 Restriction
of charitable and membership gambling services
(1) The
States may by Regulations –
(a) prohibit
the provision of a type of charitable or membership gambling service in or from
within Jersey;
(b) require
a person who provides a type of charitable or membership gambling service in or
from within Jersey to obtain a permit from the Commission to do so; or
(c) require
a person who provides a type of charitable or membership gambling service in or
from within Jersey to register with the Commission.
(2) Regulations
under paragraph (1)(b) –
(a) must
include, in respect of permits, provisions equivalent to the provisions made in
respect of licences by –
(i) Article 9,
and
(ii) Articles 43
and 45, in so far as they apply to decisions in respect of licences under any
provision for which the Regulations include an equivalent provision in respect
of permits;
(b) may
include, in respect of permits, provisions equivalent to the provisions made in
respect of licences by –
(i) any other
provision of Part 2, other than Article 8 or Article 10, and
(ii) any of the
provisions of Part 4 that otherwise apply only to licences;
(c) may
make equivalent provision for the purposes of sub-paragraphs (a) and
(b) –
(i) by substituting
references to a permit for references to a licence,
(ii) by substituting
references to ancillary services for references to commercial gambling
services,
(iii) by substituting
references to this Article for references to Article 8 and Article 10,
and
(iv) by making any other
modification appearing to the States to be necessary in order to adapt the
provision to a permit.
(3) Regulations
under paragraph (1)(c) –
(a) must
include, in respect of registrations, provisions equivalent to the provisions
made in respect of licences by Article 9;
(b) may
require a registered person, or a person applying for registration –
(i) to pay a fee,
determined and published by the Commission but not exceeding £50 in any
year, or such other amount as may be prescribed by the Minister by Order, and
(ii) to provide to the
Commission, at specified intervals, on specified occasions or on demand
accounts, reports or other information or evidence in relation to the gambling conducted
under the registration; and
(c) may
provide for the circumstances in which and manner by which the Commission may
refuse or revoke a person’s registration, but only if also making provision
equivalent to Article 45, modified as necessary, to give a right of appeal
against refusal or revocation.
(4) A
person is guilty of an offence and liable to imprisonment for a term of 12 months
and to a fine, if the person –
(a) provides
a type of charitable or membership gambling service in contravention of a
prohibition under paragraph (1)(a); or
(b) provides
a type of charitable or membership gambling service for the provision of which
a permit is required under paragraph (1)(b), without holding the required
permit.
(5) A
person is guilty of an offence and liable to a fine of level 4 on the
standard scale, if the person, without reasonable excuse, provides a type of charitable
or membership gambling service, for which registration is required under paragraph (1)(c),
without being so registered.
27 Public
lotteries
(1) The
States may by Regulations require, permit or regulate the provision in or from
within Jersey of gambling services in relation to one or more public lotteries.
(2) A
public lottery is –
(a) the
lottery that, immediately before the commencement of this Article, was
regulated by the Gambling (Channel Islands Lottery) (Jersey) Regulations 1975[13]; and
(b) any
other lottery specified in Regulations under paragraph (1), being a
lottery that is operated for similar purposes in Jersey or in any other of the
British Islands.
(3) Regulations
under paragraph (1) may –
(a) provide
for any provision of this Law to apply, or not to apply, to a public lottery;
(b) include,
in respect of a public lottery, a provision that is equivalent to or adapted
from any provision made by or under this Law in respect of a licence, permit,
approval or registration; and
(c) make
any provision similar to any provision made, immediately before their repeal,
by the Gambling (Channel Islands Lottery) (Jersey) Regulations 1975 or the
Gambling (Channel Islands Lottery) (Jersey) Order 1997[14], including provision for
contravention of a requirement of the Regulations to be an offence subject to
no greater penalty than imprisonment for a term of 12 months and a fine.
(4) Provision
that may be made under paragraph (3)(b) includes in particular provision to
adapt any function of the Commission under this Law so that the function is
exercised in relation to a public lottery by the Minister, by the Public
Lotteries Board constituted under the Gambling (Channel Islands Lottery)
(Jersey) Regulations 1975, or by any other person.
(5) Notwithstanding
the repeal of the Gambling (Jersey) Law 1964[15], until the commencement of
the first Regulations to be enacted under paragraph (1), the Gambling
(Channel Islands Lottery) (Jersey) Regulations 1975 and the Gambling
(Channel Islands Lottery) (Jersey) Order 1997 are to continue in force as
if enacted under paragraph (1).
(6) A
person guilty of an offence under the Regulations or Order continued in force
by paragraph (5) is liable –
(a) in
the case of a first offence, to a fine of level 4 on the standard scale;
and
(b) in
the case of a second or subsequent offence under the same provision, to
imprisonment for a term of 12 months and to a fine.
28 Restriction
of other gambling, not being private gambling
(1) This
Article applies to any gambling that is not –
(a) commercial
gambling;
(b) gambling
in relation to which any charitable or membership gambling service is provided
by any person;
(c) a
public lottery provided for under Article 27; or
(d) private
gambling.
(2) For
the purposes of this Law gambling is private gambling if –
(a) it
does not take place in public and is not advertised;
(b) no
gambling service is provided by any person in relation to it; and
(c) all
the persons who gamble –
(i) do so otherwise
than by way of business, and
(ii) are natural
persons falling within paragraph (3).
(3) A
person falls within this paragraph if the person is –
(a) an
adult; or
(b) a
child who gambles with the permission, express or implied, of –
(i) a parent of that
child, or
(ii) another adult for
the time being responsible for that child.
(4) The
States may by Regulations –
(a) prohibit
a type of gambling to which this Article applies; or
(b) require
a person who engages in or facilitates a type of gambling to which this Article
applies to register with the Commission.
(5) Regulations
under paragraph (4)(b) –
(a) must
include, in respect of registrations, provisions equivalent to the provisions
made in respect of licences by Article 9;
(b) may
require a registered person, or a person applying for registration –
(i) to pay a fee,
determined and published by the Commission but not exceeding £50 in any
year, or such other amount as may be prescribed by the Minister by Order, and
(ii) to provide to the
Commission, at specified intervals, on specified occasions or on demand
accounts, reports or other information or evidence in relation to the
person’s engagement in or facilitation of the type of gambling; and
(c) may
provide for the circumstances in which and manner by which the Commission may
refuse or revoke a person’s registration, but only if also making provision
equivalent to Article 45, modified as necessary, to give a right of appeal
against refusal or revocation.
(6) A
person is guilty of an offence and liable to a fine of level 3 on the
standard scale, if the person, without reasonable excuse –
(a) engages
in or facilitates a type of gambling prohibited under paragraph (4)(a); or
(b) engages
in or facilitates a type of gambling for which registration is required under paragraph (4)(b),
without being registered to do so.
Advertising unlawful gambling
29 Advertising
unlawful gambling
(1) For
the purposes of this Law a person advertises gambling if the person –
(a) issues
an advertisement containing –
(i) an invitation to
gamble or to use a gambling service, or
(ii) information which
is intended or might reasonably be presumed to be intended to lead directly or
indirectly to gambling or to the use of a gambling service; or
(b) enters
into an arrangement (whether by way of sponsorship, brand-sharing or otherwise)
under which a name is displayed in connection with an event or product, and
either –
(i) the provision of
facilities for gambling is the sole or main activity undertaken under that
name, or
(ii) the manner or
context in which the name is displayed is designed to draw attention to the
fact that facilities for gambling are provided under that name.
(2) For
the purpose of paragraph (1)(a) “issue”, in respect of an
advertisement, includes any means of bringing to the notice of any person the advertisement,
or any invitation or information contained in it.
(3) A
person is guilty of an offence and liable to imprisonment for a term of 2 years
and to a fine, if the person advertises or causes to be advertised in Jersey any
gambling the conduct of which –
(a) contravenes –
(i) Article 8,
or
(ii) Regulations under
Article 24, 26, or 28; or
(b) would
contravene such a provision if it were to be conducted as advertised.
(4) For
the purpose of paragraph (3)(b), no account is to be taken of any licence,
permit or approval or registration unless –
(a) it
is in effect for the whole of the period during which the gambling is
advertised; and
(b) it is
likely to be in effect for the whole of any later period during which the
gambling is to be conducted.
(5) A
person whose business it is to publish or arrange for publication of
advertisements is not guilty of an offence under this Article if the person
proves –
(a) that
he or she received the gambling advertisement in question for publication in
the ordinary course of his or her business;
(b) that
the matters contained in the gambling advertisement were not, wholly or in
part, devised or selected by him or her or by any person under his or her
direction or control; and
(c) that
he or she did not know and had no reason for believing that publication of the
gambling advertisement would constitute an offence.
(6) For
the purposes of this Article –
(a) a
gambling advertisement issued or caused to be issued by any person by way of
display or exhibition in a public place is to be treated as issued or caused to
be issued by him or her on every day on which he or she causes or permits it to
be displayed or exhibited;
(b) where
a gambling advertisement invites gambling with, or the use of a gambling
service provided by a person specified in the advertisement, its issue is to be
presumed, unless the contrary is proved, to have been caused by that person.
(7) For
the purposes of this Article a gambling advertisement issued outside Jersey is
to be treated as issued in Jersey if it is directed to persons in Jersey or is
made available to them otherwise than –
(a) in
a newspaper, journal, magazine or other publication published and circulating
principally outside Jersey;
(b) in
a sound or television broadcast transmitted principally for reception outside
Jersey; or
(c) through
a website not principally intended for use by persons in Jersey.
(8) Nothing
in this Article is to be construed as limiting the powers of the Commission to
control advertising through conditions in or under Articles 16(2) and 20(1)(g)
or directions under Article 35(2)(d).
PART 4
Enforcement
Powers of entry, search and questioning
30 Notices
as to information, documents, equipment and questions: licences
(1) The
Commission may, by notice in writing served on a person falling within paragraph (2),
require that person –
(a) to
provide to the Commission, at such time and place as may be specified in the
notice, information and documents of a specified description which the
Commission reasonably requires for the performance of its functions;
(b) to
make available to the Commission for inspection, at such time and place as may
be specified in the notice, equipment of a specified description which the
Commission reasonably requires to inspect for the performance of its functions;
or
(c) to
attend at such place and time as may be specified in the notice and answer
questions which the Commission reasonably requires the person to answer for the
performance of its functions.
(2) The
persons falling within this paragraph are –
(a) a
licensee or former licensee;
(b) a
person who is or was a principal person in relation to a licensee or former
licensee; and
(c) any
associate of a person mentioned in sub-paragraph (b).
(3) The
power in paragraph (1) may only be exercised in relation to information,
documents or questions relating to –
(a) the
gambling business of the licensee or former licensee concerned;
(b) the
integrity, competence, financial standing or organization of that person, or of
any other person falling within paragraph (2) in relation to that person;
or
(c) the
compliance by any of those persons with –
(i) this Law, the
Commission Law or any enactment under either of them,
(ii) a code of
practice,
(iii) a condition, or
(iv) a direction.
(4) Where
under paragraph (1) the Commission has power to require the provision of
any information or document from any person mentioned in that paragraph, the
Commission has the like power to require the provision of such information or
document from any person who appears to be in possession of it.
(5) A
notice under paragraph (1) may require the person concerned to provide to
the Commission a report that –
(a) deals
with any of the matters mentioned in paragraph (1), or any aspect of those
matters, specified in the notice;
(b) is
produced by an accountant or other person with relevant professional skill
nominated or approved by the Commission, as specified in the notice; and
(c) is
in any form specified in the notice.
(6) This
Article is without prejudice to any other power of the Commission to require
information, documents or answers from a licensee.
31 Notices
as to information, documents, equipment and questions: unlicensed gambling
Where the Commission has reasonable grounds to suspect that a person
may have contravened Article 8, 24, 26 or 28, the Commission may, by notice
in writing served on that person or on any other person appearing to be in
possession of the information or documents described in this Article, require
the person on whom the notice is served to do any of the following –
(a) to
provide to it forthwith or at such time and place as may be specified,
information or documents specified in the notice being information or documents
which the Commission reasonably requires for the purpose of investigating the
suspected contravention;
(b) to
make available to the Commission for inspection, forthwith or at such time and
place as may be specified in the notice, equipment of a specified description
which the Commission reasonably requires to inspect for the purpose of
investigating the suspected contravention; or
(c) to
attend at such place and time as may be specified in the notice and answer
questions which the Commission reasonably requires the person to answer for the
purpose of investigating the suspected contravention.
32 Notices
as to information, documents, equipment and questions: entry and general
(1) In
this Article the relevant Articles means Articles 30 and 31.
(2) Paragraph (3)
applies if a notice has been served under either of the relevant Articles.
(3) An
officer or agent of the Commission may, at any reasonable time and on producing
if required evidence of his or her authority, enter any premises falling within
paragraph (4) for the purpose of –
(a) obtaining
there the information or documents required by the notice;
(b) inspecting
the equipment required by the notice to be made available;
(c) putting
the questions to which the notice requires answers; or
(d) exercising
the powers conferred by paragraph (6).
(4) Premises
fall within this paragraph if they –
(a) are
occupied by a person on whom a notice has been served under a relevant Article;
or
(b) are
any other premises where equipment, information or documents are kept by such a
person.
(5) A
person (whether a licensee or not) is guilty of an offence and liable to
imprisonment for a term of 6 months and to a fine if the person, without
reasonable excuse obstructs a person exercising a power of entry under paragraph (3).
(6) The
powers under the relevant Articles to require a document to be provided include
power –
(a) if
the document is provided, to retain or take copies of it or extracts from it
and to require a person falling within paragraph (7) to provide an
explanation of it; and
(b) if
the documents are not provided, to require the person to whom the requirement
was directed to state, to the best of the person’s knowledge and belief,
where they are.
(7) A
person falls within this paragraph if the person –
(a) provides
the document;
(b) appears
to be in possession of relevant information;
(c) is
or has been an officer, auditor or employee of the licensee or former licensee
in question; or
(d) is
or has been, by virtue of Article 4(4)(a), a principal person in relation
to that licensee or former licensee.
(8) A
person other than a licensee is guilty of an offence and liable to imprisonment
for a term of 6 months and to a fine if the person, without reasonable
excuse fails to comply with a requirement imposed on the person under paragraph (6)
or under a relevant Article.
(9) A
document retained under a relevant Article may be retained –
(a) for
a period of one year; or
(b) if
within that period proceedings to which the document is relevant are commenced
against any person, until the conclusion of those proceedings.
(10) Where
any person from whom provision is required under the relevant Articles claims a
lien on a document produced by that person, the provision is without prejudice
to the lien.
(11) A person
who requires any document retained under a relevant Article for the purpose of
the person’s business must be supplied on request with a copy as soon as
practicable.
(12) Nothing
in the relevant Articles requires the disclosure or production by a person to
the Commission of information or documents which he or she would in an action
in the Court be entitled to refuse to disclose or produce on the grounds of
legal professional privilege in proceedings in the Court except, if he or she
is a lawyer, the name and address of his or her client.
(13) A
statement made by a person in compliance with a requirement imposed under a relevant
Article may not be used by the prosecution in evidence against the person in
any criminal proceedings, except proceedings under paragraph (8) in
relation to that requirement or under Article 34 in relation to that
statement.
(14) Nothing
in paragraph (13) prevents the Commission using a statement mentioned in
that paragraph for the purpose of any of its functions, including the
imposition of a civil financial penalty under Article 39.
(15) Without
prejudice to its general powers of delegation, the Commission may delegate its
functions under the relevant Articles to a duly authorized officer or agent of
the Commission.
33 Warrant
for search and entry
(1) Paragraph (2)
applies if the Bailiff is satisfied by information on oath that there is
reasonable cause to suspect that –
(a) there
has been a contravention of Article 8 and that –
(i) a specified
person has failed in any respect to comply with a notice served on him or her
under Article 31,
(ii) any information
or documents provided by him or her in response to such a notice are incomplete
or inaccurate,
(iii) if such a notice were
served, it would not be complied with, or
(iv) documents or equipment
to which such a notice might relate would be likely to be removed, tampered
with or destroyed;
(b) in
relation to a licence –
(i) if notice were
served under Article 30 it would not be complied with,
(ii) documents to
which such a notice might relate would be likely to be removed, tampered with
or destroyed,
(iii) a person on whom such a
notice has been served has failed in any respect to comply with that notice,
(iv) a person on whom such a
notice has been served has failed to provide complete and accurate information
or documents in response to that notice;
(c) a
licensee has failed to comply with the condition in Article 17(2)(c);
(d) an
officer or agent of the Commission has been or may be obstructed in exercising
a power of entry under Article 32(3); or
(e) a
provision of a direction has not been complied with in any respect.
(2) The
Bailiff may grant a warrant authorizing any police officer, together with any
other person named in the warrant to do any one or more of the following –
(a) to
enter any premises specified in the warrant, using such force as is reasonably
necessary for the purpose;
(b) to
search the premises, inspect equipment there and obtain information or take
possession of any information or documents appearing to be –
(i) of a type
referred to in any of the Articles referred to in paragraph (1),
(ii) related to
matters referred to in those Articles, or
(iii) otherwise relevant to
the investigation of an offence under this Law;
(c) to
take, in relation to any such equipment, information or documents, any other
steps which may appear to be necessary to preserve them or prevent interference
with them;
(d) to
take copies of, or extracts from such documents;
(e) to
require a person to provide an explanation of such documents, if the person –
(i) had possession of
them,
(ii) appears to be in
possession of relevant information, or
(iii) is or has been an
officer, auditor or employee of the licensee or other person concerned, or
(iv) is
or has been, by virtue of Article 4(4)(a), a principal person in relation
to the licensee or other person concerned;
(f) to
require any person named in the warrant to answer questions relevant for
determining any matter arising in connection with this Law; and
(g) if
the information or documents are not provided, to require any person appearing
to be in possession of relevant information, to state, to the best of the
person’s knowledge and belief, where they are and how they may be
retrieved.
(3) A
warrant under paragraph (1) continues in force until the end of the period
of one month beginning with the date on which it was issued.
(4) A
document of which possession is taken under paragraph (2) may be retained –
(a) for
a period of one year; or
(b) if,
within that period, proceedings to which the document is relevant are commenced
against any person, until the conclusion of those proceedings.
(5) A
person who requires any document of which possession is taken under paragraph (2)
for the purpose of his or her business and who requests such document must be
supplied with a copy as soon as practicable.
(6) A
person (whether a licensee or not) who obstructs the exercise of any power
conferred by a warrant issued under this Article or fails to comply with a
requirement imposed on him or her by virtue of any of paragraphs (2)(e) to
(g) is guilty of an offence and liable to imprisonment for a term of 2 years
and to a fine.
(7) Where
a person from whose premises documents are taken under paragraph (2)
claims a lien on any such documents, the possession of such documents by the
officer or person concerned and by anyone to whom he or she passes them is
without prejudice to the lien.
(8) Nothing
in this Article requires the disclosure or production by a person of
information or documents which the person would in an action in the Court be
entitled to refuse to disclose or produce on the grounds of legal professional
privilege in proceedings in the Court except, if he or she is a lawyer, the
name and address of his or her client.
(9) A
statement made by a person in compliance with a requirement imposed by virtue
of this Article may not be used by the prosecution in evidence against the
person in any criminal proceedings except proceedings under paragraph (6)
or Article 34.
34 Offences:
false information and failure to supply information
A person is guilty of an offence and liable to imprisonment for a
term of 5 years and to a fine if –
(a) the
person provides information to the Commission, or to any other person entitled
to information under this Law –
(i) in
connection with an application for a licence,
(ii) in
purported compliance with a requirement imposed under this Law or any enactment
under this Law, or
(iii) otherwise
than as mentioned in clauses (i) and (ii) but in circumstances in which the
person providing the information intends, or could reasonably be expected to
know, that the information would be used by the Commission for the purpose of
exercising its functions under this Law;
(b) that
information is false or misleading in a material particular; and
(c) the
person knows that, or is reckless as to whether, the information is false or
misleading.
Enforcement powers
35 Directions
(1) If
it appears to the Commission in relation to a licensee, or to gambling conducted
under one or more licences, that –
(a) any
requirement in relation to the granting of the licence to the licensee is no
longer satisfied;
(b) a
person has failed to comply with –
(i) any requirement
of or under this Law or the Commission Law, or
(ii) any code of practice
that applies to that person;
(c) it
is in the best interests of –
(i) creditors of the
licensee,
(ii) persons who are
or may become customers of the licensee,
(iii) persons who have
received or may receive the benefit of services to be provided or arranged by
the licensee, or
(iv) one or more licensees;
(d) it
is desirable in order to protect the reputation and integrity of Jersey in
gambling matters, and in commercial and financial matters as those are affected
by commercial gambling;
(e) it
is necessary for the promotion of the guiding principles,
the Commission may, whenever it considers it necessary, give, by
notice in writing, such directions as it may consider appropriate in the
circumstances.
(2) Without
prejudice to the generality of paragraph (1), a direction under this
Article may –
(a) require
anything to be done or not done, or impose any prohibition, restriction or
limitation or any other requirement, with respect to any transaction or other
act, or to any equipment or assets, or to any other thing whatever;
(b) require
that any principal person, or person having functions, in relation to a licensee
be removed or removed and replaced by another person acceptable to the
Commission;
(c) require
that any individual –
(i) not perform a
specified function (or any function at all) for,
(ii) not engage in
specified employment (or any employment at all) by, or
(iii) not hold a specified
position (or any position at all) in the business of,
a specified licensee (or any licensee at all); or
(d) in
relation to gambling advertisements –
(i) prohibit the
issue, re-issue or continuance of a particular gambling advertisement,
(ii) require that any
particular gambling advertisement be modified in a specified manner,
(iii) prohibit the issue,
re-issue or continuance of gambling advertisements of any description, or
(iv) require that gambling
advertisements of any description be modified in a specified manner.
(3) A
direction under this Article may be of unlimited duration or of a duration
specified in the notice of the direction.
(4) The
power to give directions under this Article includes the power by direction to vary
or withdraw any direction, as well as the power to issue further directions.
(5) A
notice of a direction under this Article must, in addition to the matters set
out in Article 43(2), give particulars of –
(a) the
date on which the direction is to have effect;
(b) if
Article 44(2) applies, the effect of that Article; and
(c) the
right under paragraph (6).
(6) Any
person to whom a direction is given under paragraph (1) may apply to the
Commission to have it withdrawn or varied, and the Commission must withdraw or
vary the direction in whole or in part if it considers that there are no longer
any grounds under paragraph (1)(a) to (e) that justify the direction or
part of the direction concerned.
(7) A
person, other than a licensee, is guilty of an offence and liable to
imprisonment for a term of 2 years and to a fine if the person –
(a) contravenes
any provision of a direction given under this Article; or
(b) allows
an individual to perform a function, engage in employment or hold a position,
where the person knows that such performance, engagement or holding is in
contravention of a direction that makes a requirement referred to in paragraph (2)(c).
(8) The
record of the conviction of any person for an offence under paragraph (7)
is admissible in any civil proceedings as evidence of the facts constituting
the offence.
36 Injunctions
and remedial orders
(1) Paragraph (2)
applies if, on the application of the Commission, the Court is satisfied that
it is likely that a person will contravene (or continue or repeat a
contravention of) –
(a) any
of Articles 8, 24, 26 and 28;
(b) a
condition;
(c) a
direction; or
(d) a
provision of an enactment under this Law, if that provision expressly provides
that this Article applies to a contravention of the provision.
(2) The
Court may, if it thinks fit, issue an injunction restraining the person from
committing (or, as the case may be, continuing or repeating) the contravention.
(3) Paragraph (4)
applies if, on the application of the Commission, the Court is satisfied that –
(a) a person
has committed a contravention of a type referred to in paragraph (1)(a) to
(d); and
(b) there
are steps which could be taken to remedy the contravention.
(4) The
Court may make an order requiring the person, or any other person who appears
to the Court to have been knowingly concerned, to take such steps as the Court
may direct to remedy the contravention.
37 Intervention
(1) Where,
on the application of the Commission, the Court is satisfied in relation to a
licensee that –
(a) the
licensee –
(i) is not, in terms
of Article 12(1)(a), a fit and proper person to conduct gambling which the
licensee is purporting to conduct, or is not fit to conduct it to the extent
which the licensee is purporting to do, or
(ii) has committed or
is likely to commit a contravention of a type referred to in
Article 36(1)(a) to (d); and
(b) it
is desirable in the interests of –
(i) persons with whom
the licensee has gambled or may gamble,
(ii) persons who have
entered or may enter into agreements for the provision of gambling services to
be provided by the licensee, or
(iii) persons who have
received or may receive the benefit of services to be provided or arranged by
the licensee,
the Court may, as it thinks just, make an order making the
licensee’s business subject to such supervision, restraint or conditions,
from such time, and for such periods, as the Court may specify, and may also
make such ancillary orders as the Court thinks desirable.
(2) If,
on an application made under paragraph (1), the Court is satisfied that a
person, by entering into any transaction, has contravened any of Articles 8,
24, 26 and 28 the Court may order that person and any other person who appears
to the Court to have been knowingly concerned in the contravention to take such
steps as the Court may direct for restoring the parties to the position in
which they were before the transaction was entered into.
38 Revocation
of licence
(1) The
Commission may, at any time (subject to Articles 43 to 45), revoke a
licence.
(2) The
Commission may under paragraph (1) only revoke a licence –
(a) at
the request of the licensee;
(b) if
the licensee –
(i) has not begun to
provide gambling services in or from within Jersey within one year of the date
of the grant of the licence,
(ii) ceases to provide
gambling services in or from within Jersey, or
(iii) is a company
incorporated in Jersey and ceases to provide gambling services;
(c) if
the licensee fails to pay any fee due in relation to the licence; or
(d) if
the Commission is satisfied that –
(i) one or more of
the grounds set out in paragraph (3) are made out;
(ii) a person provided
false or misleading information in the application for the licence; or
(iii) the licence was granted
in error.
(3) The
grounds are that –
(a) a
condition of the licence has been contravened;
(b) the
licensee has ceased to be a fit and proper person to hold the licence;
(c) the
licensee, or an associate or principal person of the licensee, or a person
acting on behalf of or under the general supervision of the licensee or of such
an associate or principal person, has committed an offence mentioned in Article 12(3)(h);
(d) a
person mentioned in sub-paragraph (c) has contravened a requirement imposed
under –
(i) a notice under
any of Articles 30 to 32,
(ii) a warrant under Article 33,
(iii) a direction under Article 35,
(iv) an injunction under Article 36,
(v) an order for
intervention under Article 37, or
(vi) a final notice of a
civil financial penalty under Article 39;
(e) gambling
has been conducted under the licence in a manner that indicates that the
licensee can reasonably be expected, having regard to the policy published
under Article 9, to apply for a licence of a different type of licence if
any further gambling is to be conducted; or
(f) the
continued conduct of gambling under the licence threatens to harm the
reputation and integrity of Jersey in gambling matters, or in commercial and
financial matters as those are affected by commercial gambling.
39 Civil
financial penalties
(1) If
the Commission has reason to believe that a licensee has contravened a relevant
provision, the Commission may serve on that licensee a notice (a “notice
of intent”) informing the licensee –
(a) that
the Commission proposes to require the licensee to pay a penalty;
(b) of
the amount of the proposed penalty;
(c) of
the Commission’s reasons for believing that the licensee has contravened
the relevant provision and that a penalty should be imposed; and
(d) of
a period, being not less than 28 days from the day on which the notice of
intent is received, within which the licensee may make representations to the
Commission.
(2) A relevant
provision is any one or more of the following –
(a) a condition
of the licence;
(b) a
requirement imposed on the licensee by or under any of Articles 30 to 32, other
than 32(3); and
(c) a
requirement imposed on the licensee by a direction.
(3) The
Commission may not serve a notice of intent in respect of a contravention of a
relevant provision after the end of the period of 2 years beginning with –
(a) the
day on which the contravention occurred or began to occur; or
(b) if
later, the day on which the contravention came to the knowledge of the
Commission.
(4) After
considering any representations made within the period specified under paragraph (1)(d),
the Commission may serve on the licensee a notice (a “final
notice”) requiring the licensee to pay a penalty, as proposed in the
notice of intent or as modified in light of any representations, if the
Commission –
(a) is
satisfied that the licensee contravened the relevant provision; and
(b) is
satisfied that the contravention justifies the imposition of the penalty on the
licensee, taking into account any other power the Commission could exercise
under this Part in relation to the contravention.
(5) A
final notice must include information as to –
(a) the
reasons for imposing the penalty;
(b) the
licensee’s right of appeal against the imposition or amount of the penalty
under Article 45;
(c) how
payment must be made, including the period within which it must be made; and
(d) the
power of the Commission to enforce the penalty under paragraph (7)(b).
(6) The
Commission, when considering the imposition of or the amount of a penalty, must
have regard in particular to –
(a) the
seriousness of the contravention of the relevant provision;
(b) whether
the contravention has been remedied and whether it is likely to be repeated;
(c) whether
the licensee knew or ought to have known of the contravention;
(d) whether
the licensee voluntarily reported the contravention;
(e) the
nature of the licensee, including in particular the financial resources of the
licensee; and
(f) the
aim of ensuring that licensees generally cannot expect to profit from contraventions.
(7) A
penalty imposed by a final notice –
(a) is
payable by the licensee to the Commission;
(b) may
be enforced as if it were a debt owed by the licensee to the Commission; and
(c) on
receipt by the Commission is to be paid into the consolidated fund.
(8) The
Commission must –
(a) prepare
a statement setting out the principles to be applied by the Commission in
exercising its powers under this Article;
(b) review
the statement from time to time;
(c) revise
the statement when the Commission thinks it necessary;
(d) as
soon as is reasonably practicable –
(i) send the
statement, as prepared or revised, to the Minister, and
(ii) publish that
statement; and
(e) have
regard to the published statement when exercising a power under this Article.
(9) Before
preparing or revising a statement under paragraph (8) the Commission must
consult the Minister, licensees and such other persons as the Commission thinks
appropriate.
(10) Without
prejudice to the generality of the Commission’s powers under this
Article, the principles referred to in paragraph (8)(a) may include a
principle that the Commission will impose penalties of specified standard
amounts, not exceeding £5,000, for specified types of contraventions or
for contraventions in specified circumstances, unless there are exceptional
reasons to impose a lower or higher amount.
(11) The
amount of a penalty imposed by the Commission may not exceed whichever is the
higher of –
(a) £5,000;
and
(b) twice
the gross win attributable to the contravention of the relevant provision.
(12) The
Commission must determine, and set out in the statement published under paragraph (8),
the manner in which the gross win is to be calculated for the purposes of paragraph (11)(b),
including the principles under which the gross win is to be identified as
attributable to a contravention of a relevant provision.
(13) Paragraph (14)
applies if –
(a) the
Commission determines under Article 11 of the Commission Law that a social
responsibility levy is to be paid; or
(b) the
Minister has given specific directions under Article 5(2) of that Law.
(14) The
Commission must, in making a determination under paragraph (12), take
account of the need to avoid unnecessary inconsistency between the manner in
which the gross win is to be calculated in any year for the purposes of this
Article and for the purposes of the social responsibility levy.
(15) The
States may by Regulations –
(a) amend
paragraph (7)(c) to provide that, on receipt by the Commission the whole
or part of a penalty is not to be paid into the consolidated fund, but is
instead to be retained by the Commission, or paid by the Commission to any
other person or for any other purpose;
(b) substitute
another figure for the figure in paragraph (11)(a);
(c) substitute
another proportion of the gross win, for the proportion in paragraph (11)(b);
(d) empower
the Minister to direct the Commission as to how it must make its determination
under paragraph (12);
(e) provide
for any additional procedure to be followed or principle to be applied by the
Commission in exercising its powers under this Article.
(16) Regulations
under paragraph (15)(a) must include such provision as appears to the
States expedient to avoid creating any improper incentive for the Commission to
impose civil financial penalties.
(17) Regulations
under paragraph (15)(a) may, in particular and without limiting the
generality of that sub-paragraph or paragraph (16), provide that the
amount not paid into the consolidated fund –
(a) is
to be retained by the Commission, but is only to be used to fund a reduction in,
or a refund of, fees otherwise payable to the Commission in a particular year,
whether in respect of all such fees or only certain fees, such as fees paid by
licensees achieving in that year any standards determined by the Commission or complying
throughout that year with all relevant requirements of and under this Law and
the Commission Law;
(b) is
to be calculated by reference to the costs of investigation and enforcement
action in relation to the particular penalty or in general, and is to be
retained by the Commission; or
(c) is
to be paid into a fund, to be established and held by the Commission, from
which payments may only be made for specified purposes or in specified
circumstances, such as –
(i) to have a reserve
against the costs of taking action under this Part or defending court actions
brought by licensees,
(ii) for the
Commission’s social responsibility function under the Commission Law, or
(iii) for either purpose
mentioned in clause (i) or (ii), but subject to a limitation that payment
may only be made to meet expenses other than the Commission’s overheads.
Overseas authorities
40 Co-operation
with overseas authority
(1) The
following powers are approved powers for the purpose of Article 8 of the
Commission Law –
(a) the
power to refuse a licence under Article 14;
(b) the
power to impose or amend a supplementary condition under Article 18(1) or
(2);
(c) any
power given to the Commission under a condition;
(d) the
powers relating to information, documents and equipment, and to entry to
premises, under Articles 30 to 32;
(e) the
power to issue directions; and
(f) the
power to revoke a licence under Article 38.
(2) The
Commission may, to cooperate with an overseas authority within the meaning of Article 8
of the Commission Law, communicate to that authority information that is in the
possession of the Commission, whether or not as a result of the exercise of any
of the powers listed in paragraph (1).
(3) The
Commission’s power under paragraph (2) is subject to Article 42(2)
and may not be exercised unless the Commission is in addition satisfied that –
(a) the
overseas authority will treat the information communicated with appropriate
confidentiality;
(b) the
exercise of the power has been requested by the overseas authority; and
(c) the
request was made only for the purpose of obtaining assistance for that
authority in the exercise of one or more of its functions mentioned in Article 8(1)
of the Commission Law.
(4) In
deciding whether to exercise its power under paragraph (2), the Commission
may take into account (among others) the factors set out in Article 8(6)
of the Commission Law.
PART 5
MISCELLANEOUS
Information
41 Restricted
information
(1) Subject
to paragraph (2) and to Article 42, a person who receives information
relating to the business or other affairs of any person –
(a) under
or for the purposes of this Law; or
(b) directly
or indirectly from a person who has so received it,
is guilty of an offence and liable to imprisonment for 2 years and
to a fine, if he or she discloses the information without the consent of the
person to whom it relates and (where sub-paragraph (b) applies) the person
from whom it was received.
(2) This
Article does not apply to information which at the time of the disclosure is or
has already been made available to the public from other sources, or to
information in the form of a summary or collection of information so framed as
not to enable information relating to any particular person to be ascertained
from it.
(3) This
Article and Article 42 apply also to information supplied to the
Commission for the purposes of its functions under this Law by an overseas
authority, within the meaning of Article 8 of the Commission Law.
42 Permitted
disclosures
(1) Article 41
does not preclude the disclosure of information –
(a) by
the Commission –
(i) to the Viscount,
(ii) to the Comptroller
and Auditor General for the purpose of enabling or assisting the carrying out
of any of the Comptroller and Auditor General’s functions in relation to
the Commission, or
(iii) to any person for the
purpose of enabling or assisting that person to exercise that person’s
statutory functions in relation to any person or class of person in respect of
whom the Commission has statutory functions;
(b) by
or to any person in any case in which disclosure is necessary for the purpose
of enabling or assisting any of the following –
(i) the Commission or
any person acting on its behalf,
(ii) a person
appointed under an enactment by any of the following –
(A) the
Commission,
(B) the
Court, on the application of the Commission,
(C) a
Minister, where that Minister and the Commission are each specified in that
enactment as having power to appoint that person,
to discharge the Commission’s functions or that person’s
functions under this Law or under any other enactment;
(c) by
the Commission to an overseas authority under Article 40;
(d) to
a person by the Commission showing whether or not any person is licensed under
this Law, including the conditions which are attached to the licence;
(e) by
the Commission to the public of the name of –
(i) a director of a
company that is a licensee,
(ii) a director of a
company that is a partner in a partnership that is a licensee,
(iii) a person employed under
a contract of service or a contract for services by a licensee, such an
employee being so employed in a position in respect of which the Commission has
notified the licensee that the Commission regards a person in that position as
a principal person by virtue of Article 4(8);
(f) with
a view to the investigation of a suspected offence, or institution of, or
otherwise for the purposes of, any criminal proceedings, whether under this Law
or not;
(g) in
connection with any other proceedings arising out of this Law;
(h) by
the Commission to the auditor of –
(i) a licensee,
(ii) a former
licensee, or
(iii) a person who appears to
the Commission to be acting or have acted in contravention of any of
Articles 8, 24, 26 or 28,
if it appears to the Commission that disclosing the information
would be in the interests of persons who have gambled or may gamble with a
person described in any of clauses (i) to (iii);
(i) by
the Commission to the Attorney General or to a police officer being information
obtained under any of Articles 17 and 30 to 33 or being information in the
possession of the Commission as to any matter in relation to which the duties
and powers under those Articles are exercisable, but any information so
disclosed may only be disclosed by the Attorney General or a police officer for
the purposes of an investigation into a suspected offence in Jersey or a
prosecution in Jersey or, at the discretion of the Attorney General, a
suspected offence or prosecution in a country or territory outside Jersey;
(j) by
the Commission to any person acting on behalf of an international body or
organization where that body’s or organization’s functions include
the assessment of Jersey’s compliance with international standards
relating to regulation of gambling and the disclosure is for the purpose of
enabling or assisting that body or organization to discharge those functions;
(k) by
any of the following persons –
(i) the Commission,
(ii) a person
appointed under an enactment by any of the following –
(A) the
Commission,
(B) the
Court, on the application of the Commission,
(C) a
Minister, where that Minister and the Commission are each specified in that
enactment as having power to appoint that person,
to any person or body responsible for setting standards of conduct
for any profession where that person or body has powers to discipline persons
who fail to meet those standards if it appears to the Commission or the
appointed person that disclosing the information would enable or assist the
person or body responsible for setting standards to discharge its functions in
relation to a person who fails, or is alleged to have failed, to meet those standards.
(2) Information
must not be disclosed under paragraphs (1)(a)(ii), (1)(a)(iii), (1)(b), (1)(c),
(1)(j) or (1)(k) unless the Commission or person, as the case requires, making
the disclosure (“the disclosing party”) is satisfied that the
person or body to whom or which disclosure is made complies with or will comply
with any conditions to which the disclosing party may, in its discretion,
subject such disclosure.
(3) The
States may by Regulations amend this Article by –
(a) adding
further persons or bodies to or by whom disclosure may be made and specifying
in each case the purpose for which disclosure of information may be made; and
(b) amending
the circumstances in which disclosure may be made to whom or by any person
specified in those Articles, including the purposes for which and conditions in
which such disclosure may be made.
Notifications and appeals
43 Notification
of decisions
(1) For
the purpose of this Article, and Articles 44 and 45, a “relevant
decision” is a decision of the Commission –
(a) to
grant a licence under Article 14;
(b) to
refuse to grant a licence under Article 14;
(c) to
impose a supplementary condition on a licence, under Article 18(1);
(d) to
amend, under Article 18(2), a supplementary condition imposed on a
licence;
(e) as
to the calculation, estimate or treatment of gambling yield under Article 22(10),
if the Commission notifies to a licensee a fee to which Article 22(11)(b)
or (c) applies;
(f) to
issue a notice under Article 30 or 31, to include a particular requirement
in such a notice, or to make a particular requirement under Article 32 in
relation to such a notice;
(g) to give
a direction under Article 35(1);
(h) to
refuse an application under Article 35(6) for a direction to be withdrawn
or varied, or to grant such an application only in part;
(i) to
revoke a licence under Article 38; or
(j) to
serve a final notice under Article 39(4) imposing a civil financial
penalty.
(2) Within
a reasonable time after making the decision, the Commission must inform the
applicant or licensee in writing of –
(a) the
decision, unless it is a decision falling within any of sub-paragraphs (e),
(f), (g), or (j) of paragraph (1);
(b) if the
decision is to grant a licence, the full text of all of the conditions to which
the licence is subject; and
(c) the
reasons for that decision, unless it is a decision falling within either of
sub-paragraphs (a) or (f) of paragraph (1);
(d) if
the decision is to take an action described in Article 44(1), the date on
which the decision takes effect; and
(e) if
there is a right to appeal under Article 45, that right.
(3) In
relation to a mandatory or standard condition, the Commission may comply with paragraph (2)(b)
by giving written information as to where the licensee may read, on paper or on
the internet, the text of the condition.
(4) Paragraph (2)(c)
does not require the Commission –
(a) to
specify any reason that would in the Commission’s opinion involve the
disclosure of confidential information the disclosure of which would be
prejudicial to a third party;
(b) to
specify the same reasons, or reasons in the same manner, when informing
different persons of the same decision; or
(c) in
the case of the imposition of a standard supplementary condition, to specify
any more reason than that it is such a condition and that it is applicable to
the licence under the published policy of the Commission.
44 Postponement
of effect of decisions
(1) Paragraph (2)
applies if the Commission –
(a) amends
under Article 18(2), a supplementary condition imposed on a licence;
(b) issues
a direction containing a requirement referred to in Article 35(2)(c); or
(c) revokes
a licence under Article 38.
(2) The
amendment, requirement or revocation does not take effect before whichever is
latest of –
(a) one
month after the date on which the direction was given, or on which notice in
writing was given to the licensee under Article 43 of the amendment or
revocation;
(b) such
date as is specified in the notice of the amendment, direction or revocation;
and
(c) the
date on which any appeal under Article 45 against the amendment, direction
or revocation is determined by the Court or withdrawn,
unless the licensee, or person on whom the requirement is imposed, agrees
with the Commission that it should take effect at an earlier date.
(3) If,
on the application of the Commission, the Court is satisfied that it is
desirable, in the best interests of persons to whom a licensee has provided or
may provide a gambling service, that paragraph (2) should not have effect,
or should cease to have effect in a particular case, or that the period specified
in paragraph (2)(a) should be reduced, the Court may so order.
(4) An
order under paragraph (3) may be made without prior notice to and without
hearing the licensee or person concerned.
(5) An
order under paragraph (3) has immediate effect, but any person aggrieved
by the order may apply to the Court to vary or set aside the order.
(6) In
respect of an application under paragraph (5), the Court may make such
order in respect of the relevant order under paragraph (3) as it thinks
fit.
(7) Except
where paragraph (2)(c) has effect, an appeal made under Article 45 in
relation to a decision does not postpone the effect of the decision.
45 Appeals
(1) A
person aggrieved by a relevant decision, other than a decision to grant a
licence, may appeal to the Court on the ground that the decision of the
Commission was unreasonable having regard to all the circumstances of the case.
(2) An
appeal cannot be made later than one month from the date on which –
(a) notice
in writing was given to the person under Article 43(2)(a); or
(b) there
was given to or served on the person, the notification under Article 22(9)(a),
the notice under Article 30 or 31, the direction under Article 35(1)
or the final notice under Article 39(4).
(3) On
hearing an appeal the Court –
(a) may
confirm, reverse or vary the decision of the Commission, or remit the decision
to the Commission; and
(b) may
make such order as to the costs of the appeal as it thinks fit.
Fees
46 Power
to publish fees
(1) The
Commission may determine and publish fees payable to it for –
(a) the
performance by the Commission of any of its functions under this Law;
(b) the
submission of an application, report or other document to the Commission under
this Law; and
(c) the
annual continuance of a licence, permit, approval or registration granted under
this Law.
(2) The
Commission may publish different fees under paragraph (1) in relation to
different types of gambling services or licences or different circumstances,
and may vary or withdraw a published fee.
(3) The
fees determined under paragraph (1) may be by way of –
(a) fixed
amounts, which may be different for different cases or classes of case, for
different types of gambling service concerned or for different purposes;
(b) where
payable under paragraph (1)(a) –
(i) rates
representing the reasonable expenses incurred by the Commission during any
given unit of time, being a unit of no more than half a day, in performing the
function, or
(ii) any combination
of the fixed amounts and rates referred to in sub-paragraph (a) and clause
(i); or
(c) where
Article 22(9) applies, amounts determined in accordance with paragraphs (9)
to (15) of that Article.
(4) Where
a fee is determined under paragraph (1) the Commission may charge a
published additional fee for the late payment of the fee or, in relation to paragraph (1)(b),
for the late submission of the report or document.
(5) Where
a fee determined under paragraph (1) is payable –
(a) on
the submission to the Commission of a report or document, the Commission is to
be taken not to have received the document until the fee is paid;
(b) for
the performance of a function by the Commission, the Commission need take no
action until the fee is paid;
(c) for
the annual continuance of a permit, approval or registration granted under this
Law, the Commission may revoke that permit, approval or registration if the fee
is not paid when due, or if a late fee payable under paragraph (4) is not
paid.
(6) Except
as provided by this Article and Article 47, nothing in this Article or
that Article otherwise limits any right or power the Commission has to charge,
recover and receive any fees, charges, costs, proceeds and other amounts.
47 Amount
of fees
(1) The
fees mentioned in Article 46 are to be retained by the Commission and must
be set at such a level as is necessary that, in aggregate they –
(a) raise
sufficient income, in combination with any other income of the Commission, to
enable the Commission to carry out its functions under this Law and the Commission
Law; and
(b) provide
a reserve of such amount as the Commission considers necessary for carrying out
such functions.
(2) Before
publishing a fee mentioned in Article 46, other than where the Commission
proposes to charge no fee, the Commission must publish a report that includes –
(a) details
of the proposed fee;
(b) a
request for comments on the level of the proposed fee; and
(c) a
date, that is at least 28 days after the publication of the report, before
which those comments may be made to the Commission.
(3) If,
by that date or any later date agreed by the Commission, a body that appears to
the Commission to be representative of the interests of those who would be
required to pay the fee, is unable to agree with the Commission –
(a) a
fee for anything for which there is no published fee under Article 46; or
(b) an
increase in an existing published fee where the percentage increase in the fee
is greater than the percentage increase in the RPI since the fee last took
effect in accordance with paragraph (4),
the Commission must request the Bailiff to appoint 3 Jurats to
consider if the fee proposed by the Commission is unreasonable having regard to
all the circumstances of the case and, in particular, the requirement of paragraph (1).
(4) Where –
(a) paragraph (3)
does not apply to a proposed fee; or
(b) Jurats
appointed under that paragraph have agreed a fee proposed by the Commission or
have proposed some other fee,
the Commission must publish a notice giving details of the fee
proposed by it or, in the case where some other fee has been proposed by the
Jurats, that fee, and that fee has effect from the date specified in the
notice.
(5) In
this Article “RPI” means the Jersey Retail Prices Index produced by
the States of Jersey Statistics Unit.
Gambling contracts
enforceable
48 Enforceability
of gambling contracts
(1) The
fact that a contract relates to gambling does not prevent its enforcement.
(2) Paragraph (1)
is without prejudice to –
(a) any
rule of law preventing the enforcement of a contract on the grounds of
unlawfulness (other than a rule relating specifically to gambling); and
(b) Articles 49
and 50.
49 Sales
by lottery void
(1) No
action may be brought or maintained to recover anything sold –
(a) by
means of any game or lottery; or
(b) by
any other means depending on, or to be determined by, chance or lot.
(2) Paragraph
(1) –
(a) applies
to any land, goods or other thing whatsoever; and
(b) is
subject to Article 5(5).
50 Security
void by reason of relation to gambling
(1) A
security falling within paragraph (2) –
(a) is
void; and
(b) is
to be treated as given, granted, drawn or entered into or executed for an
illegal consideration.
(2) A security
falls within this paragraph if the whole or any part of it is for –
(a) any
money or money’s worth won in any gambling transaction; or
(b) reimbursing
or repaying any money that was –
(i) knowingly lent or
advanced for such gambling, or
(ii) lent or advanced
at the time and place of such gambling to any person gambling at that time and
at that place.
(3) In
this Article, “security” includes a note, bill, bond or other kind
of security.
Offences
51 Cheating
(1) A
person commits an offence, and is liable to imprisonment for a term of 5 years
and to a fine, if the person –
(a) cheats
at gambling; or
(b) does
anything for the purpose of enabling or assisting another person to cheat at
gambling.
(2) For
the purposes of paragraph (1) it is immaterial whether a person who cheats –
(a) improves
any person’s chances of winning anything; or
(b) wins
anything.
(3) Without
prejudice to the generality of subsection (1), cheating at gambling may,
in particular, consist of actual or attempted deception or interference in
connection with –
(a) any
process, machine or equipment, by which gambling is conducted; or
(b) a
real or virtual game, race or other event or process to which gambling relates.
52 Chain-gift
schemes prohibited
(1) A
person is guilty of an offence and liable to imprisonment for a term of 12 months
and to a fine of level 4 on the standard scale if the person –
(a) invites
another to join a chain-gift scheme; or
(b) knowingly
participates in the promotion, administration or management of a chain-gift
scheme.
(2) An
arrangement is a “chain-gift” scheme if –
(a) in
order to participate in the arrangement a person must make a payment to one or
more other participants (a “joining fee”); and
(b) each
person who participates in the arrangement –
(i) is required or
invited to invite others to participate, and
(ii) is encouraged to
believe that he or she will receive the joining fees, or part of the joining
fees, of other participants, to an amount in excess of the joining fee paid by
him or her.
(3) For
the purposes of paragraph (2) –
(a) “payment”
means a payment of money or money’s worth, but does not include the
provision of goods or services;
(b) it
is immaterial whether a payment is made directly or through a person
responsible for managing or administering the scheme; and
(c) it
is immaterial whether participation in the scheme constitutes gambling.
53 Offences
by bodies corporate and others
(1) Where
an offence under this Law committed by a limited liability partnership or body
corporate is proved to have been committed with the consent or connivance of,
or to be attributable to any neglect on the part of –
(a) a
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the person is also guilty of the offence and liable in the same
manner as the partnership or body corporate to the penalty provided for that
offence.
(2) Where
the affairs of a body corporate are managed by its members, paragraph (1)
applies in relation to acts and defaults of a member in connection with his
functions of management as if he or she were a director of the body corporate.
PART 6
FINAL
54 Repeals
and amendments of other enactments
(1) The
Gambling (Jersey) Law 1964[16] is repealed.
(2) Paragraph (1)
is subject to Article 27(5) in relation to the Gambling (Channel Islands
Lottery) (Jersey) Regulations 1975[17] and the Gambling (Channel
Islands Lottery) (Jersey) Order 1997[18].
(3) The
Commission Law is amended as follows –
(a) in
the definition “gambling” in Article 1(1), for the words
“Gambling (Jersey) Law 1964” there are substituted the words
“Gambling (Jersey) Law 2012[19]”;
(b) for
Article 1(2) there is substituted following paragraph –
“(2) In this Law, unless the
context otherwise requires, ‘gambling service’ means a service –
(a) that is a gambling service within the
meaning of Article 2 of the Gambling (Jersey) Law 2012[20]; and
(b) for the provision of which a licence,
permit, approval or registration is required under that Law.”;
(c) for
Article 1(4)(a) there is substituted following sub-paragraph –
“(a) in or from within Jersey,
engages in gambling in relation to which a gambling service is provided to that
person; and”;
(d) after
Article 11(4) there is inserted the following paragraph –
“(4A) The Commission may determine a type of relevant
permission under paragraph (4)(a) by reference to a type of gambling,
within the meaning of Article 3 of the Gambling (Jersey) Law 2012[21].”.
(4) In paragraph 5
of Part B of Schedule 2 to the Proceeds of Crime (Jersey) Law 1999[22] –
(a) for
sub-paragraph (1) there is substituted the following sub-paragraph –
“(1) For the purposes of this Law,
a person operates a casino if, by way of business, the person provides a
service that –
(a) is
a gambling service, within the meaning of Article 2 of the Gambling
(Jersey) Law 2012[23]; and
(b) consists
of giving people an opportunity to participate in one or more casino
games.”;
(b) in
sub-paragraph (4) for the words “Crown and Anchor in the
circumstances permitted under Regulation 9 of the Gambling (Gaming and
Lotteries) (Jersey) Regulations 1965 does not fall within sub-paragraph (1)”
there are substituted the words “Crown and Anchor does not fall within
sub-paragraph (1) if it is provided at an event where gambling is not the
only inducement, or the only substantial inducement, to persons to attend that
event”.
(5) After
Article 3(1)(f) of the Corruption (Jersey) Law 2006[24] there is inserted the
following sub-paragraph –
“(fa) the Jersey Gambling Commission
established under the Gambling Commission (Jersey) Law 2010[25];”.
(6) For
Regulation 11(2)(b) and (c) of the Rehabilitation of Offenders
(Exceptions) (Jersey) Regulations 2002[26] there are substituted the
following sub-paragraphs –
“(b) to hold any licence, permit
or approval issued by the Jersey Gambling Commission or to be registered by
that Commission; or
(c) for employment in any occupation for which
any such licence, permit, approval or registration is required.”.
(7) For
the definition “unlawful gambling” in Article 1(1) of the Licensing
(Jersey) Law 1974[27] there is substituted the
following definition –
“ ‘unlawful
gambling’ means any type of gambling the conduct of which constitutes an
offence under the Gambling (Jersey) Law 2012[28] or a breach of a condition
imposed on a licence under that Law;”.
(8) For
the definition “betting office” in Article 1 of the Planning
and Building (General Development) (Jersey) Order 2008[29] there is substituted the
following definition –
“ ‘betting
office’ means a building in which, under a condition of a licence under the
Gambling (Jersey) Law 2012[30], a person may provide a
commercial gambling service, of a type described in the licence as bookmaking,
to persons present in the building;”.
(9) The
States may by Regulations make such other amendments to any enactment (other
than this Law) as appear to the States to be expedient in consequence of the
repeal of the Gambling (Jersey) Law 1964[31] and its replacement by this
Law.
55 Transitional
(1) Until
the Commission has first published both a statement under Article 9 and
standard supplementary conditions under Article 19, it must not grant a
licence that, taken with the conditions imposed on the licence, would permit the
conduct of any gambling that, immediately before the commencement of this Law,
was an unlawful form of gambling.
(2) A
preserved permission is a licence, permit or other authority that –
(a) was
granted under the Gambling (Jersey) Law 1964;
(b) was
in effect immediately before the commencement of this Law; and
(c) permitted
the person to whom it was granted to carry on an activity that requires a
licence under this Law.
(3) A
preserved permission is to be treated after the commencement of this Law as if
it were a licence granted under this Law, being a licence that is subject to a
condition that no gambling may be conducted under it other than gambling that
could lawfully be conducted under the preserved permission immediately before
the commencement of this Law.
(4) The
preserved permission is to be treated as expiring on whichever is the sooner of –
(a) the
date on which it would have expired but for the commencement of this Law; and
(b) one
year after that commencement.
56 Regulations
and Orders
An Order or Regulations under this Law –
(a) may
contain such transitional, consequential, incidental or supplementary
provisions as appear to the Minister or the States, as the case may be, to be
necessary or expedient for the purposes of the Order or Regulations;
(b) without
prejudice to the application of Article 11(4) of the Interpretation
(Jersey) Law 1954[32], may make different
provision for different types of gambling, for different types of gambling
service or for different types of licence, permit, approval or registration.
57 Citation
and commencement
This Law may be cited as the Gambling (Jersey) Law 2012 and comes
into force on such day or days as the States may by Act appoint.
m.n. de la haye
Greffier of the States