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IMAGE: A plain text document titled Orkney Islands Area Licensing Board Gambling Act 2005 Information/Guidance Exempt Lotteries – Incidental Non-Commercial Lotteries.

ORKNEY ISLANDS AREA LICENSING BOARD

GAMBLING ACT 2005

INFORMATION/GUIDANCE EXEMPT LOTTERIES – INCIDENTAL NON-COMMERCIAL LOTTERIES

(See also the Board’s Information on Small Society Lotteries and Race Nights at www.orkney.gov.uk)

The Gambling Act 2005 can be accessed on the Internet at www.opsi.gov.uk

Further information can also be accessed on the Internet at the following websites –

Department for Culture, Media and Sport – www.culture.gov.uk

Gambling Commission – www.gamblingcommission.gov.uk

Scottish Government – www.scotland.gov.uk

An incidental non-commercial lottery is one that is not promoted for private gain and is incidental to a non-commercial event. Examples may include a lottery held at a school fete or at a social event such as a dinner dance. An event is deemed non-commercial if all the money raised at the event, including entrance fees, goes entirely to purposes that are not for private gain. Therefore a fundraising social event with an entrance fee would be non-commercial if the profits went to a society but would be commercial if the profits were retained by the organiser.

For this type of lottery, please refer to Part 1 of Schedule 11 to the Gaming Act 2005 and the relevant regulations, which are available on the Internet at http://www.opsi.gov.uk/si/si2007/20072040.htm.

  • promoters cannot deduct more than £500 from the proceeds in respect of the cost of prizes;

  • promoters cannot deduct more than £100 from the proceeds in respect of the cost of other expenses, such as the cost of printing tickets or hire of equipment;

  • the lottery cannot involve a rollover of prizes from one lottery to another; and

  • tickets must only be sold at the premises during the event and the result must be made public while the event takes place.

Information is also available at www.orkney.gov.uk in respect of the following categories of exempt lottery –

  • private lotteries; and

  • customer lotteries

Anyone requiring further information about this topic should contact the Legal Clerks’ Office at the Council Offices, Kirkwall, Orkney KW15 1NY –

by email licensing@orkney.gov.uk;

by telephone: 01856 873535 extensions 2229 / 2232 or by fax: 01856 876941