38.(1) For the purposes of this Act "unlawful gaming" means gaming:- 

(a) in any street or in any other place to which, whether on payment or otherwise, the public have access;

(b) in any place kept for habitual gaming, whether or not the public have access thereto;

(c) in any premises in respect of which a licence has been granted to distill, manufacture, sell or possess rum or any intoxicating liquor.

(2) Subject to the provisions of this Act, if any person takes part in unlawful gaming or is present at any such gaming for the purpose of taking part therein, he shall be guilty of an offence and shall be liable to a fine not exceeding twenty-five thousand dollars or to imprisonment with or without hard labour for a term not exceeding twelve months or to both such fine and imprisonment.

(3) If any unlawful gaming takes place on any premises any person concerned in the organization or management of the gaming, and any other person who, knowing or having any reasonable cause to suspect that such unlawful gaming would take place on those premises-

(a) allowed the premises to be used for the purpose of gaming; or

(b) let the premises, or otherwise made the premises available to any person by whom an offence in connection with the gaming has been committed, shall be guilty of an offence and shall be liable to a fine not exceeding seventy-five thousand dollars or to imprisonment with or without hard labour for a term not exceeding twelve months; and for the purposes of this subsection any person who took part in procuring the assembly of the players shall be deemed to have been concerned in the organization of the gaming.

(4) A constable may arrest without warrant anyone whom he suspects, with reasonable cause, to be committing an offence under this section.

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

(6) If in any proceedings for an offence under this section it is proved to the satisfaction of the court that gaming took place on any premises and that ten or more persons were present at the gaming for the purpose of taking part therein then, subject to section 40 (which relates to approved clubs), or sections 42A and 44C (which relate to prescribed premises), such premises shall be deemed to be premises to which the public have access unless the contrary is proved.

(7) For the purposes of this section proof that any person was present at any unlawful gaming shall be evidence that he was present for the purpose of taking part therein unless he proves that he was present neither for that purpose nor for any of the following purposes, that is to say, taking part in the management of the gaming, operating any instrument or other thing whatsoever used in connection with the gaming or making bets with respect to the gaming.

39.-(1) Notwithstanding any rule of law, for the purposes of any enactment relating to betting, the expression "bet" shall not include any bet or stake at any gaming conducted in such circumstances that no offence under this Part is committed.

(2) Notwithstanding any rule of law, premises shall not be a common gaming house by reason of the carrying on therein of any gaming conducted in such circumstances that no offence under this Part is committed.

(3) Notwithstanding any rule of law-

(a) the making of bets by way of pool betting permitted by or pursuant to section 18; and

(b) participation in any lottery permitted under this Act or declared by this Act not to be unlawful, shall not be held to be gaming.

40.-(1) In any proceedings under section 38 gaming shall be held not to have been conducted in contravention of that section if it is proved-

(a) that the gaming was carried on as an activity of an approved club;

(b) that no person took part in the gaming who was not either-

ii.a bona fide guest of such a member; and

(c) hat, at the time of the gaming, the club was not in breach of any of the terms and conditions imposed by the Minister on that club pursuant to this section.

(2) For the purposes of this Act an "approved club" means a club to which for the time being the Minister, subject to such terms and conditions as he thinks fit, grants express exemption from the provisions of this Part, so, however, that for the purposes of this section any express exemption granted to, or any term or condition imposed on, a club by the Minister under the Gambling Law (repealed) and which was in force immediately prior to the lst January, 1966, shall be treated as if it were granted imposed pursuant to this section.

(3) The Minister may, if he thinks fit, at any time in writing vary or revoke any exemption granted to a club under this section and any term or ondition applicable thereto.

41.-(1) Section 38 shall not apply to the playing of dominoes, draughts, dominoes, draughts, darts, billiards or any other prescribed game on premises licensed under the Spirit Licence Act.

(2) The Minister may, at any time if in the case of any particular premises he thinks fit to do so, by order, impose such requirements or restrictions with respect to the playing of the said games in any part of those premises to which the public has access as he considers necessary to secure-

(a)that the games are not played in that part of the premises in such circumstances as to constitute an inducement to persons to resort thereto primarily for the purpose of taking part in gaming at those games;

(b) that any such gaming on that part of the premises does not take place for high stakes.

42.-(1) Where gaming is carried on at an entertainment to which this section applies then in relation to that gaming so much of section 38 as relates to gaming in a place other than a street shall not apply but the conditions set out in subsection (2) of this section shall be observed in connection with the promotion and conduct of that entertainment and gaming and if any of those conditions is contravened every person concerned in the promotion or conduct of the entertainment or gaming shall be guilty of an offence unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.

(2) The conditions referred to in subsection (1) are that-

(a) the whole proceeds of the entertainment after deducting sums lawfully appropriated on account of expenses or for the provision of prizes or awards in respect of the games are applied to purposes other than private gain; and

(b) that the amount of the said proceeds appropriated in respect of expenses does not exceed the reasonable cost of the facilities provided for the purposes of the games.

(3) The entertainment's to which this section applies are-

(a) bazaars, sales of work, fetes, dinners, dances, fairs and other entertainments of similar character whether limited to one day or extended over two or more days; and

(b)entertainments approved in writing by a Justice of the Peace after notification to an officer of police not below the rank of Assistant Superintendent.

42A. Section 38 shall not apply to gaming conducted by means of an excepted machine as defined in section 43 on any prescribed premises pursuant to a licence granted under

Amusement Machines

43(1) In this section and sections 44, 45 and 46-

"Coin-operated amusement machine" means a machine designed to be activated by the insertion of a coin or other object, of whatever shape, for the purpose of playing any game (whether or not a game of chance) not being an excepted machine;

"Collector" means the Collector of Taxes in the parish in which is located any excepted machine to which section 44A relates;

"Excepted machine" means a machine which is for the time being an excepted machine pursuant to an order under subsection (2);

"licensee" means a person to whom a licence is granted under section 44A;

"machine" includes any apparatus;

"prescribed premises" means-

(a) any premises licensed under the Licenses on Trade and Business Act or the Spirit Licence Act, as the case may be; or

(b) any club which is registered under the Registration of Clubs Act, but does not include any premises licensed as a hotel under the Tourist Board Act.

(2) The Minister may by order declare, subject to such terms and conditions as he thinks fit, any machine to be an excepted machine so, however, that any such machine shall cease to be an excepted machine if any term or condition applicable thereto under the order is not complied with.

44. No person shall, whether as principal or as servant Or agent, sell or supply a coin-operated amusement machine of or any component thereof.

44A.(1) Subject to subsection (2), no person shall operate an excepted machine unless that person is the holder of a licence granted under this section.

(2) A licence shall not be granted under this section to any person unless that person-

b.  owns or operates a tavern or other premises required to be licensed under the Spirit Licence Act;

c.  is a member of a proprietary or members' club under the Registration of Clubs Act; or

d.  is declared by the Minister by notice published in the Gazette to be a person to whom a licence may be granted under this section.

(3) An application for a licence under this section shall be made to a Collector in the form set out in Part 1 of the Fifth Schedule and every such application shall be accompanied by the fee set out in subsection (8).

(4) Where the Collector decides not to grant a licence in respect of any application he shall notify the applicant in writing of such refusal, stating the reasons therefor, and of the right of appeal conferred by section 44B.

(5) Where an application is refused the fee paid pursuant to subsection (8) shall be refunded to the applicant.

(6) A licence granted under this section shall-

(a)be in the form set out in Part 2 of the Fifth Schedule;

(b)be subject to such terms and conditions as may be specified therein; and

(c)remain in force for a period of twelve months from the date thereof and may be renewed annually on payment of the fee specified in subsection (8).

(7) Every application for the renewal of a licence under this section shall, unless the Collector otherwise  permits, be delivered to the Collector not later than twenty one days before the expiry of the licence.

(8) There shall be payable in respect of each licence granted or renewed under this section-

(a) in respect of each excepted machine used for gaming, licence fees of two thousand dollars per annum; and

(b) in respect of each excepted machine used for any other purpose, licence fees of one thousand dollars per annum.

(9) The annual fees payable under subsection (8) may be paid in two equal half-yearly installments.

(10) The Minister may by order-

b.  amend the Fifth Schedule

(11) The Collector shall keep a register containing the name of every person to whom a licence is granted and the address of the prescribed premises to which such licence relates.

44B.-(1) Any person aggrieved by a decision of the Collector refusing to grant a licence under section 44A may, within fourteen days of the receipt of a notice under subsection (4) of that section, appeal in writing to the Minister against such decision, and the Minister may make such determination as he thinks just.

(2) On the determination of an appeal by him, the Minister shall give written notice of his decision to the Collector and the appellant.

44C.-(1) Each excepted machine in respect of which a machines licence is granted under section 44A shall be operated only to be on the prescribed premises specified in the licence.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten thousand dollars and in default of payment thereof to imprisonment for a term not exceeding six months.

(3) Every licensee shall-

(a) exhibit any current licence issued under section 44A in a conspicuous place on the prescribed premises to which that licence relates;

(b) permit the Collector to enter at any reasonable time the prescribed premises to which the licence relates and to inspect any excepted machines found therein;

(c) at such times as the Collector may specify, give such information relating to the operation of such machines as the Collector may require.

(4) A licensee shall notify the Collector in writing of any change of address of the prescribed premises to which his licence relates or any change of ownership of the business carried on by him.

44D.-(1) The Commissioner of Inland Revenue may, upon payment by the licensee of a fee of twenty dollars, issue to a licensee an identification disc in such form as the Commissioner shall determine.

(2) Every licensee to whom an identification disc is issued shall display such disc in a conspicuous position on the excepted machine in respect of which a licence is granted under section 44A.

45. Except as provided in section 44A, no person shall-

(a) own or be in possession of any coin-operated amusement machine or any component thereof; or

(b) being the occupier of any premises, use or knowingly permit those premises to be used-

(i) for the operation of any coin-operated amusement machine; or

(ii) for the display or storage of any coin operated amusement machine or any component thereof; or

(c) use any coin-operated amusement machine or cause or knowingly permit any other person so to do.

46.(1) Any person who contravenes section 44 or sub-section (1) of section 44A shall be guilty of an offence.

(2) Any person who contravenes any of the provisions of section 45 shall be guilty of an offence.

(3) Where any provision of paragraph (b) or paragraph (c) of section 45 is contravened in relation to any coin-operated amusement machine or any component thereof on any premises, if a licence has been granted in respect of those premises to distill, manufacture, sell or possess rum or any intoxicating liquor, the holder of the licence shall be guilty of an offence unless he proves that he had no knowledge of the contravention and had no reasonable cause to suspect that the contravention would take place on those premises.

(4)Where any person is convicted of an offence under this section the court may order the destruction of any coin-operated amusement machine or any component thereof in relation to which the offence was committed, and any other articles used in connection therewith.

(5)Any constable may seize and detain any coin operated amusement machine or any component thereof and any other articles used in connection therewith, and subject to subsection (4), any such machine, component or other article, so seized, may, by order of the Minister, be forfeited.

(6) Any person who is convicted of an offence under this section shall be liable to a fine not exceeding twenty-five thousand dollars and in default of payment thereof to imprisonment for a term not exceeding twelve months and, where the offence is continued after conviction, such person shall be guilty of a continuing offence and shall be liable to a fine not exceeding five thousand dollars in respect of each day during which the offence continues.

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