From 1 September 2007 all
new applications will have to apply for a Small Society Lottery
(Registration of Non Commercial Society Regulations 2007) in
accordance with the Gambling Act 2005.
If you hold an existing
licence which epires on 31 December 2007, you will have to apply
for a Small Society Lottery (Registration of Non Commercial Society
Regulations 2007) in accordance with the Gambling Act 2005.
You will have to apply prior
to your existing licence expiring and the initial fee is £40 with a
fee of £20 being paid upon renewal.
Please see the page on Small
Society Lotteries
Explanatory Notes For The
Guidance Of Local Societies
1. Section 5 of the Lotteries and Amusements Act
1976, authorises the conduct of small lotteries (i.e. a
sweepstake or draw etc), by societies for raising money for
charitable, sports and other similar purposes, otherwise than for
private gain. The society on whose behalf the lottery is promoted
must first be registered for the purposes of the previous section 5
with the local authority, and the lottery must be conducted in a
manner complying with the Act.
2. Registration of
Society. In order to obtain the benefits of the Act, the
society (an expression which includes a local branch or section of
a society organised on a national or area basis) must be one, which
is established and conducted wholly, or mainly for one or more of
the following purposes, that is to say:
(a) Charitable
purposes;
(b) Participation in or support of athletic sports or games or
cultural activities;
(c) Purposes, which, not being described in paragraph (a) or (b)
above, are neither purposes or private gain nor purposes of any
commercial undertaking.
Applications for registration should be made to the local
authority. Every registered society must pay to the local authority
on the first day of January in every year, the statutory fee of
£17.50. At any time, however, the society may apply for their
registration to be cancelled, and the local authority must in any
such case cancel the registration accordingly.
3. Conduct of
Lotteries. The act legalises only two types of lotteries
promoted for raising money to be applied for purposes of a
registered society. The first is a lottery in which the total value
of tickets of chances to be sold is £10,000 or less; the second is
where the scheme has been registered with the Gaming Board before
any tickets or chances are sold. In the latter case both the total
value or tickets or chances sold and the prizes offered may be
greater than in the case of an unregistered scheme.
Conditions relating
to societies' lotteries:
The following conditions apply in cases of lotteries where the
total value of tickets or chances to be sold is £10,000 or
less:
(a) No prize may exceed
£2,000 in amount or value
(b) The amount of the proceeds appropriated on account of expenses
(exclusive of prizes) may not exceed the expenses actually incurred
or 25% of those proceeds, whichever is the less, unless it can be
shown that the proceeds fell short of the sum reasonably
estimated.
The following
conditions apply in cases of lotteries where the scheme is
registered with the Gaming Board:
a) No prize may exceed in
amount or value the following sums:
(i) £6,000 for a short-term lottery (i.e. where less than one month
has passed between the date of that lottery and the date of a
previous lottery promoted on behalf of the same society)
(ii) £9,000 for a medium-term lottery (i.e. where less than three
months but not less than one month has passed between the date of
that lottery and the date of a previous lottery promoted on behalf
of the same society);
(iii) £12,000 for any other lottery;
b) The total value of
tickets or chances sold may not exceed £45,000 for a short-term
lottery, £90,000 for a medium-term lottery or £180,000 for any
other lottery;
c) The amount of proceeds
appropriated on account of expenses (exclusive of prizes) may not
exceed the expenses actually incurred or where the proceeds do not
exceed £10,000, 25% thereof, or where they do exceed £10,000, 15%
of those proceeds or such larger percentage not exceeding 25% as
the Board may authorise, whichever is the less, unless it can be
shown that the proceeds fell short of the sum reasonably
estimated.
The following
conditions apply to both types of lotteries:
a) The promoter of the
lottery must be a member of the society authorised in writing by
the governing body of the society to act as such;
b) No society may hold more
than 52 lotteries in any period of twelve months, but when the date
of two or more lotteries promoted on behalf of one society is the
same and the total value of the tickets or chances does not exceed
£45,000 all those lotteries shall be treated as one;
c) The date of any lottery
promoted on behalf of a society may be not be less than seven days
after the date of any previous lottery promoted on behalf of that
society, except that the date of a lottery promoted for the purpose
of selling tickets or chances wholly or mainly to person attending
a particular athletic or sporting event may be less than seven days
after a previous lottery;
d) No ticket or chance in a
lottery may be sold or distributed, or offered for sale, more than
three months before the date of any previous lottery promoted by or
on behalf of the same society and no person shall be invited to
purchase any group of tickets or chances in a set of lotteries in
which the determination of the winners in the lotteries is designed
to secure that a person holding a group of winning tickets or
chances is a winner of a prize in each lottery in the set of
lotteries to which that group of tickets or chances relates.
e) Every ticket and every
notice or advertisement of a lottery lawfully exhibited,
distributed or published must specify the name of the society, the
name and address of the promoter and date of the lottery. Where
reference is made in any such ticket, notice or advertisement to a
person who, for reward, is acting or assisting, or has acted or
assisted, in the promotion of the lottery, the size of the
lettering used in such reference must not exceed the size of the
smallest lettering to specify the name of the society and such
reference must not be given greater prominence than the society's
name.
f) Every ticket or chance in
a lottery must also specify the name of the registration authority
with which the society is registered under the Act.
g) No ticket or chance in a
lottery may be sold by or to a person under 16 years of age; in any
street (except by a person present in a kiosk or shop premises
having no space for the accommodation of customers) and no ticket
or chance may be sold in any licensed betting office, any premises
used wholly or mainly for providing amusements with prizes and/or
by means of slot machines, or in any bingo or gaming club;
h) No ticket or chance may
be sold by a means of a vending machine, or to a person in any
street (except by a person present in a kiosk or shop premises
having no space for the accommodation of customers) and no ticket
or chance may be sold in any licensed betting office, any premises
used wholly or mainly for providing amusements with prizes and/or
by means of slot machines, or in any bingo or gaming club;
i) No ticket or chance may
be sold by a person when visiting any other person at his home in
the discharge of any official, professional or commercial function
not connected with lotteries;
j) No ticket or chance may
be sold at a price exceeding £1.00; the price of every ticket must
be the same and must be stated on the ticket;
k) No person may be admitted
to participate in a lottery in respect of a ticket or chance except
after payment to the society of the whole price of the ticket or
chance, and no money received for or on account of a ticket or
chance may in any circumstances be returned.
l) The whole proceeds after
deducting sums lawfully appropriated on account of expenses or for
the provision of prizes, must be applied to the purposes of the
society such as are described in paragraph 2 above;
m) The amount of proceeds of
a lottery appropriated for the provision of prizes must not exceed
one half of the whole proceeds, unless it can be shown that the
proceeds fell short of the sum reasonably estimated;
n) No person supplying
lottery tickets may be requested or required to supply them in such
a manner, or so marked, as to enable a winning ticket (i.e. a
ticket entitling the holder to claim a prize) to be identified as
such before it is sold. This regulation applies to tickets
(commonly known as 'instant lottery' tickets) which are
manufactured or designed so as to conceal such words, figures,
symbols etc., as would, if revealed, indicate whether a ticket is a
winning ticket or not;
o) No prize may be offered
on such terms that the winning of a prize depends on the purchase
of more than one ticket or chance in the lottery;
p) A society must approve a
scheme for the promotion of any lottery and such scheme must comply
with the provisions in the Lotteries Regulations 1977 (S.I. 1977
No. 256), as amended by the Lotteries (Amendment) Regulations 1981
(S.I. 1981 No 109) and the Lotteries (Amendment) Regulations 1988
(S.I. 1988 No. 2161).
Any breach of these conditions constitutes an offence for which the
promoter (unless the contravention took place without his
knowledge) and any person who is party thereto will be liable for
prosecution, in accordance with the provisions of section 13 of the
Act.
4. Returns.
When a lottery has been held, the promoter must send a return
relating thereto to the local authority, not later than the end of
the third month after the date of the lottery. Forms of return are
available on request at the offices of the local authority and must
comply with the terms of Part II of Schedule 1 to the Act. The
return must be certified by two members of the society (other than
the promoter), being persons of full age appointed in writing by
the governing body of the society. Failure to send a return in
accordance with the statutory provisions constitutes an offence,
and any person who knowingly gives or certifies any false
information in such a return, also renders him liable to
prosecution.
5. Pool
Betting. Pool betting duty payable (if any) in respect of
a lottery may be included in the sums, which may be deducted from
the proceeds before they are applied to the purposes of the
society. This duty is payable on all bets made by way of 'pool
betting', that is, bets which are not at fixed odds and in
particular those where a number of person make bets:
(a) On terms that the
winnings of such of those persons as are winners shall be, or be a
share of, or be determined by reference to, the stake money paid or
agreed to be paid by those persons, whether the bets are made by
means of a totalisator, or by filling up and returning coupons or
other printed or written forms, or otherwise howsoever; or
(b) On terms that the
winnings of such of those persons as are winners, shall be, or
shall include, an amount (not determined by reference to the stake
money paid or agreed to be paid by those persons) which is
divisible in any proportions among such of those persons as are
winners; or
(c) On the basis that the
winners or their winnings shall, to any extent, be at the
discretion of the promoter or some other person.