Section 39: Exception: occasional use notice, Gambling Act 2005

A person who accepts bets on a track, or who causes or permits premises to be used for the acceptance of bets, does not commit an offence under section 37 if—

a notice has been given under this section in respect of the track, and

the activity is carried on in accordance with the notice.

A notice under this section (an "occasional use notice") in respect of a track may be given only by a person who is—

responsible for the administration of events on the track, or

an occupier of the track.

An occasional use notice must—

be given in writing to the licensing authority for any area in which the track is wholly or partly situated, and

be copied to either—

in England and Wales, the chief officer of police for any area in which the track is wholly or partly situated, or

in Scotland, the chief constable of the police force maintained for the police area comprising that area.

An occasional use notice must specify a day on which it has effect.

An occasional use notice may not be given in respect of a track for a day in a calendar year if eight occasional use notices have been given in respect of that track for days in that year.

In this section—

"chief officer of police" has the meaning given by section 101(1) of the Police Act 1996 (c. 16), and

a reference to a chief officer's area is a reference to the area in respect of which he has responsibility under that Act.

The Secretary of State may by order amend subsection (5) so as to substitute a different maximum number of occasional use notices for a calendar year.

An order under subsection (7) increasing the maximum number of occasional use notices for a calendar year may also make provision prohibiting the giving of a temporary use notice in a calendar year in respect of premises if a specified number of occasional use notices have been given in respect of the premises in that year.

Section 39: Exception: occasional use notice

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