16.- (1) Subject to subsection (2) of this section and subsection (1) of section 21, no person shall-

(a) save as permitted by or pursuant to section 18-

(i) use any premises or cause or knowingly permit any premises to be used as a place where persons resorting thereto may effect pool betting transactions; or

(ii) provide facilities at any premises for persons resorting thereto to effect pool betting transactions; or

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

1. electing betting transactions of any kind with persons resorting to those premises; or
2. facilitating the making of betting transactions between persons resorting to those premises,

and every person who contravenes this subsection shall be guilty of an offence and shall be liable on summary conviction in a Resident Magistrate's Court to a fine not exceeding twenty-five thousand dollars or to a term of imprisonment not exceeding two years or to both such fine and imprisonment.

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

 (a) where the premises is an approved club;

 (b) where the premises are at the time being used for entertainment such as bazaars, fairs, sales of work, fetes, dinners, dances, sporting or athletic events and other entertainment of similar kind which are promoted for purposes other than private gain and the betting transactions are incidental to such entertainment, so, however, that-

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

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

(3) Any person who, for any purpose connected with the effecting of a betting transaction, resorts to any premises which are being used in contravention of subsection (1) shall 1411991 be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

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

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

(a) to a fine not exceeding fifty dollars and in default of payment thereof to imprisonment with or without hard labour for a term not exceeding two months; or

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

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

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

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

(b) by a person authorized thereto by an order under subsection (3) and in conformity with that order.

(1a) Subject to subsection (1D) pool betting business may be carried on-

if the business is conducted-

1. on that racecourse not earlier than one week prior to the day on which horse-races but no other races take place thereon; and
2. only on the horse-races conducted on that racecourse day;

b. by the occupier of a licensed track if the business is conducted-

1. on that track not earlier than one week prior to the day on which races permitted by the licence take place thereon; and
2. only on the races permitted by the licence and conducted on that track on that day; or

1. on premises approved by the Commission pursuant to section 24 and occupied by the racing promoter or by such agent;
2. not earlier than one week prior to the day on which horse-races promoted by that promoter takes place; and
3. only on the horse-races promoted by that promoter on that day.

(IB) Subject to subsection (ID), pool betting business may be carried on by a racing promoter or his agent duly authorized in writing by the promoter, on horse-races conducted overseas if-

1. the business is conducted-
2. on an approved racecourse or on premises approved by the Commission, as the case may be; and
0. not earlier than one week prior to the day on which such horse-races take place overseas; and
1. live television broadcasts of the running of such horse-races are transmitted to the approved racecourse or premises approved pursuant to section 24.

(1C) In this Act "live television broadcasts" means television broadcasts of horse-races conducted overseas which are transmitted simultaneously with the running of those horse-races.

(ID) Any business carried on pursuant to subsection (IA) or (IB) shall be carried on in accordance with such rules, terms and conditions as may be prescribed by the Commission by order.

(2)Every person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable to a fine not exceeding twenty-five thousand dollars and in default of payment thereof to imprisonment with or without hard labour for a term not exceeding eighteen months.

(3) The Commission may, by order, authorize any person to promote and operate such form of pool betting business (other than pool betting under subsection (IA) or (IB) as may be specified in the order and thereupon it shall be lawful for the person so authorized, notwithstanding anything contained in this Act or any rule of law to the contrary, to promote and operate that form of pool betting business and for any person to participate in the pool betting so promoted and operated.

(4) An order under subsection (ID) or (3) may prescribe such terms and conditions and may contain such ancillary provisions as the Commission thinks fit and, with out prejudice to the generality of the foregoing, may include provisions in regard to-

(a) the manner in which the pool betting business should be carried on;

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

(c) the manner of making bets or stakes;

(d) the nature and amount of winnings;

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

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

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

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

(7) Notwithstanding anything to the contrary, any order under subsection (ID) or (3) or regulations made pursuant to subsection (5) shall be subject to the prior approval of the Minister.

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

(2) A person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding twenty-five thousand dollars or in default of payment thereof to imprisonment for a term not exceeding eighteen months.

(3) The relevant provisions of Part II shall have effect for the purposes of bookmakers' permits.

(4) If the holder of a bookmaker's permit, on being required by an authorized person to produce his permit for examination, refuses or without reasonable cause fails so to do, he shall be guilty of an offence and liable to a fine not exceeding forty dollars and in default of payment thereof to imprisonment with or without hard labour for a term not exceeding two months.

20.--(1) No person shall by way of business receive or Authorization and negotiate bets as servant or agent of another bookmaker registration unless- of bookmakers agent.

(a) he has attained the age of eighteen and

(b) he is authorized in that behalf in writing in the prescribed form by that other bookmaker and that other bookmaker is the holder of a bookmaker's permit; and

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

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

(2) If any bet is received or negotiated by any person as servant or agent to another bookmaker in contravention of subsection (1), both that person and that other bookmaker shall be guilty of an offence.

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

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

(5) Any person guilty of an offence under this section shall be liable to a fine not exceeding ten thousand dollars and in default of payment thereof to imprisonment with or without hard labour for a term not exceeding six months or,

 in the case of offences under subsection (2) or subsection (3), on a second or any subsequent conviction under the same subsection, to a fine not exceeding twenty-five thousand dollars and in default of payment thereof to imprisonment with or without hard labour for a term not exceeding two years.

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

Licensed Betting Offices

21.-(1) Where in the case of any premises there is for the time being in force a licence authorizing the holder of the licence to use those premises as a betting office (in this Act referred to as "a betting office licence"), paragraph (b) of subsection (1) of section 16 shall not apply to the use of those premises for the effecting of betting transactions with or through the holder of the licence or any servant or agent of his.

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

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

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

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

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

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

(4) Subject to subsections (2) and (3), the relevant provisions of Part 11 shall have effect for the purpose of betting office licences and betting agency permits.

(5) If the holder of a betting agency permit, on being required by an authorized person to produce his permit for examination, refuses or without reasonable cause fails so to do, he shall be guilty of an offence and liable to a fine not exceeding forty dollars and in default of payment thereof to imprisonment with or without hard labour for a term not exceeding two months.

22.- (1) A licensed betting office shall be managed in accordance with the terms and conditions specified in the licence and the rules set out in the Second Schedule, and in the case of any breach of any of those terms and conditions or the rules, found pursuant to an investigation under section 10, the licensee and any servant or agent of the licensee by whom the breach was committed shall be liable to such penalty as the Commission may impose under section 14.

(2) Without prejudice to any other right to refuse a person admission to premises or to expel a person from premises, in the case of a licensed betting office the licensee or any servant or agent of his may refuse to admit to, or may expel from, the licensed premises any person who is drunken, violent, quarrelsome or disorderly, or whose presence on those premises would subject the licensee or any servant or agent of his to a penalty under subsection (1); and if any person liable to be expelled from the licensed premises under this subsection, when requested by the licensee, any servant or agent of the licensee or any constable to leave those premises, fails to do so, he shall be guilty of an offence and liable to a fine not exceeding twenty dollars and in default of payment thereof to imprisonment with or without hard labour for a term not exceeding one month.

(3) Any constable may, on the request of the licensee or any servant or agent of the licensee, help to expel from a licensed betting office any person whom the constable has reasonable cause to believe to be liable to be expelled therefrom under subsection (2); and the constable may use such force as may be required for that purpose.

(4) Any authorized person may enter any licensed betting office for the purpose of (ascertaining whether the provisions of subsection (1) are being complied with, and any person who obstructs any authorized person in the exercise of his powers under this subsection shall be guilty of an offence and liable to a fine not exceeding forty dollars and in default of payment thereof to imprisonment with or without hard labour for a term not exceeding two months.

(5) If, save in a licensed betting office or in such manner as may be prescribed on premises giving access to such an office, any advertisement is published-

1. indicating that any particular premises are a licensed betting office; or
2. indicating where any such office may be found; or
3. drawing attention to the availability of, or to the facilities afforded to persons resorting to, such offices,then, in the case of an advertisement in connection with the office or offices of a particular licensee, that licensee, and in every case any person who published the advertisement or caused or permitted it to be published, shall be guilty of an offence:  Provided that it shall be a defense for any person charged with an offence under this subsection to prove-

(i) that he did not know and had no reasonable cause to suspect that the advertisement was, and that he had taken all reasonable steps to ascertain that it was not, such an advertisement as aforesaid; or

(ii) if he is charged by reason only of being a licensee, that the advertisement was published without his consent or connivance and that he exercised all due diligence to prevent the publishing of any such advertisement in connection with his office or offices.Special provisions with reference to bookmaker's and betting agency permits

23.-(1) If the holder of a bookmaker's permit or of a betting agency permit is convicted-

(a) of an offence under section 16, 17 or 18; or

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

(2) An order under subsection (1) shall be deemed for the purposes of any appeal to be part of the sentence for the offence; and the permit shall not be forfeited or cancelled under that order-

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

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

(3) A person whose bookmaker's permit or betting agency permit is forfeited and cancelled in pursuance of an order under subsection (1) shall, by virtue of that order, be disqualified for holding or obtaining a permit of either description for a period of five years beginning with the date of the conviction which gave rise to the order Provided that, in a case where it appears to the court making the order to be just in all the circumstances, that court may include in the order a direction that the period of disqualification shall be such period shorter than five years as the court may specify.

(4) Where a bookmaker's permit or betting agency permit is forfeited and cancelled in pursuance of an order under subsection (1), the registrar or clerk of the court by which the order was made shall send a copy of the order 3,1972 to the Betting, Gaming and Lotteries Commission and also S. 33 to the Jamaica Racing Commission. 

(5)Any holder of a bookmaker's permit or betting agency permit who employs in his bookmaking business any person known to him to be for the time being disqualified under subsection (3) shall be guilty of an offence.

Administration of this Part

24. The Commission in accordance with Part 11 may for the purpose of this Act and subject to such conditions as it may impose-

(a) grant a licence authorizing the provision of betting facilities on any track (in this Act referred to as a "track betting licence") in relation to races of a type specified in the licence;

(b) approve in writing the premises on which a racing promoter or a duly accredited agent of such a promoter may carry on pool betting business and the Commission, in accordance with the said Part, may at any time revoke, vary or suspend any such licence or approval granted by it.

25.Where-

(a) a racing promoter; or

(b) in the case of any approved racecourse or licensed track, the occupier of the racecourse or track or any person authorized in that behalf in writing by the occupier of the racecourse or track, as the case may be, has set up a totalisator, that totalisator shall be operated in accordance with the provisions of subsections (2) and (3).

(2) For the purposes of subsection (1), the totalisator shall-

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

(b) be operated only for electing betting transactions-

(i) on horse-races run on the approved racecourse; or

(ii) on horse-races conducted overseas which are transmitted by live television broadcast to that racecourse or to premises approved pursuant to section 24, as the case may be; or

(iii) on races for which the track is licensed, and with persons resorting to the racecourse or track or to premises approved by the Commission pursuant to section 24 or with such other persons and in such circumstances as may be prescribed.

 (3) The Third Schedule shall also have effect with Third to the to is to respect to the totalisator.

26.-(1) The provisions of this section shall apply in Special rights of relation to- occupiers of approved

(a) any horse-race on an approved racecourse; and racecourses is and licensed

(b) any horse-race conducted overseas which tracks transmitted by live television broadcast to an approved racecourse or premises approved pursuant to section 24;

(c) any race specified in a track betting licence and conducted under that licence on a licensed track.

(2) The occupier of the racecourse or track as the case may be shall, subject to subsection (3), have the exclusive right to authorize any person-

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

(b) by way of business to receive or negotiate bets on any such race on terms that the winnings or any part thereof shall be calculated or regulated directly or indirectly by reference to the amounts or rates of any payments or distributions in respect of winning bets on that race made by way of sanctioned pool betting and no person shall have the right to carry on any form of pool betting business on any such race or, subject to subsection (3), by way of business to receive or negotiate bets on any such race on such terms as aforesaid except with the authority of the occupier of the racecourse or track, as the case may be, and in giving any authority under this subsection the occupier may do so on such terms, including terms as to payments to the occupier, as the occupier may think fit.

(3) The Commission may in accordance with Part authorize a bookmaker by way of business at any place other than an approved racecourse or licensed track to receive or negotiate bets on any such race on such terms as are mentioned in paragraph (b) of subsection (2); and in giving any authority under this subsection the Commission may do so on such conditions, including conditions as to such payments to the occupier of the racecourse or track, as the Commission may think fit.

(4) If the conditions specified by the Commission pursuant to subsection (3) require payments to be made to the occupier, the occupier shall thereupon have a right to receive the payments.

(5) Notwithstanding subsections (2), (3) and (4) the Commission, pursuant to the written application of a racing promoter conducting horse-races at an approved racecourse, may, by order, prohibit any bookmaker by way of business at any place from receiving or negotiating bets at declared odds on any of such races.

(6) Any breach or infringement of any right conferred on the occupier of a racecourse or track, as the case may be, by or pursuant to this section shall be actionable at the suit of the occupier, and in any action for such breach or infringement all such relief, by way of damages, injunction, accounts or otherwise, shall be available to the occupier as is available to the plaintiff in any corresponding proceedings in respect of infringements of proprietary rights and, notwithstanding anything to the contrary in any enactment or rule of law relating to the jurisdiction of Resident Magistrates' Courts, a Resident Magistrate's Court may, on the application of the occupier, grant an injunction restraining a breach or infringement or apprehended breach or infringement of any such right as aforesaid whether or not any other relief is claimed; and for the purposes of this subsection a right of the occupier is infringed by any person who, without the authority of the occupier or, as the case may be, the Commission, or otherwise than in conformity with such authority-

(a) carries on any form of pool betting business on any such race as aforesaid or by way of business holds himself out as willing to enter into any pool betting transaction on any such race; or

(b) by way of business, receives or negotiates, or holds himself out as willing to receive or negotiate, any bet on any such race on such terms as are mentioned in paragraph (b) of subsection (2).

(7) Every person who, being authorized pursuant to subsection (3) to receive or negotiate bets on any such race, fails to observe any condition on which such authority is given, shall be guilty of an offence and shall be liable to a fine not exceeding ten thousand dollars and in default of payment thereof to imprisonment with or without hard labour for a term not exceeding six months

Power of entry on approved racecourses and tracks

27.-(1) Any person authorized in writing in that behalf by the Commission, subject to the production on demand of his authority, and any constable, may at all reasonable times enter upon any approved racecourse or track for the purpose of ascertaining whether the provisions of Part II and this Part are being complied with; and every person who obstructs any constable or other person in the exercise of his powers under this section shall be guilty of an offence  and liable to a fine not exceeding forty dollars or in default of payment thereof to imprisonment with or without hard labour for a term not exceeding two months.

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

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