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.

Commencement [see endnotes]

PART 1

Interpretation AND application

1 Interpretation[1]

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;

“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;

“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, 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 Sustainable 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, civil partner, child or stepchild;

(b) the person’s partner;

(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]

(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;

(b) the business of –

(i) a collective investment fund within the meaning of the Collective Investment Funds (Jersey) Law 1988, 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 service business within the meaning of the Financial Services (Jersey) Law 1998 or any act that would be such financial service business but for an exclusion or exemption conferred by any provision of that Law or by Regulations or an Order made under that Law;

(d) insurance business for the purposes of the Insurance Business (Jersey) Law 1996;

(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 the Government of 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.[3]

(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;

(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;

(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

(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;

(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 2018, the Supply of Goods and Services (Jersey) Law 2009 or the Distance Selling (Jersey) Law 2007;

(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]

(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;

(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 2018, 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 2018; and

(b) the anti-money laundering and counter-terrorism legislation. [5]

(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;

(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

(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

(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;

(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.

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

(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;

(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;

(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;

(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.

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.