ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

SECTION

PART II
LOTTERIES

PART III
GAMING ELSEWHERE THAN ON PREMISES LICENSED UNDER PART IV

PART IV
GAMING ON PREMISES LICENSED UNDER THIS PART

PART V
MISCELLANEOUS AND SUPPLEMENTARY

SCHEDULES

FIRST SCHEDULE - Provisions as to the Gaming Board.

SECOND SCHEDULE - Procedure for Approval by Board.

THIRD SCHEDULE - Issue, Renewal and Revocation of Permits.

FOURTH SCHEDULE - Capacities and Functions in respect of which a Certificate of Approval is Required.

CHAPTER 387

LOTTERIES AND GAMING

[Assent 17th April, 1969]
[Commencement 1st August, 1969]

"the Board" means the Gaming Board for The Bahamas established under this Act;

"company" means any company incorporated or registered under any law in force in The Bahamas and any company which, though incorporated or registered outside The Bahamas, carries on business therein;

"functions" includes powers and duties;

"game of chance" does not include any athletic game or sport, but, with that exception, and subject to subsection (5), includes a game of chance and skill combined and a pretended game of chance or of chance and skill combined;

"gaming" (subject to subsection (3)) means the playing of a game of chance for winnings in money or money's worth and, in Part IV, "gaming" includes sports betting;

"inspector" means an officer of the Board appointed as an inspector under section 62;

"instrument for gambling" includes any article, document or other thing whatsoever which is used in and for the purpose of a lottery;

"lottery" includes any sweepstake and any game, method or device whereby money or money's worth is distributed or allotted in any manner depending upon or to be determined by chance or lot, held, drawn, exercised or managed whether in The Bahamas or elsewhere or upon the basis of the outcome of a future contingent event whether occurring in The Bahamas or elsewhere and also includes the game called or known as "numbers";

"machine" includes any apparatus;

"Minister" means the Minister responsible for Lotteries and Gaming;

"money" includes a cheque, banknote, postal or money order;

"Part" means Part of this Act;

"player"-

"premises" includes any place;

"prescribed" means prescribed by regulations made under this Act;

"relevant premises" in relation to licences under this Act or to applications relating to such licences, means the premises in respect of which the licences are for the time being in force or the premises to which the applications relate as the case may be and includes a bar, lounge, restaurant or other public facility housed in the premises;"

"section" means section of this Act;

"sports betting" means the placing of bets on any athletic game or sport taking place within or outside The Bahamas other than horse racing.

"subsection" means subsection of the section in which it is contained;

"vehicle" includes a railway carriage and also includes an aircraft while it is on the ground and a hover vehicle (that is to say, a vehicle designed to be supported on a cushion of air) whether it is on the ground or not;

"vessel" includes any ship, boat, raft or other apparatus constructed or adapted for floating on water;

"winnings" includes winnings of any kind, and any reference to the amount or to the payment of winnings shall be construed accordingly.

(2) For the purposes of this Act a place shall be deemed to be used for a purpose if it is used for that purpose even on one occasion only.

(3) Where apart from this subsection the playing of a game of chance would constitute gaming and also constitutes a lottery, then if-

the playing of the game shall not constitute gaming for the purposes of this Act.

(4) For the purposes of Part II-

(5) In determining for the purposes of this Act whether a game which is played otherwise than against one or more other players is a game of chance and skill combined, the possibility of superlative skill eliminating the element of chance shall be disregarded.

(6) In construing section 14 or 29, proceeds of any entertainment, lottery, gaming or amusement promoted on behalf of a society to which this subsection extends which are applied for any purpose calculated to benefit the society as a whole, shall not be held to be applied for purposes of private gain by reason only that their application for that purpose results in benefit to any person as an individual.

(7) For the purposes of the said sections 14 and 29, where any payment falls to be made by way of a hiring, maintenance or other charge in respect of any equipment for holding a lottery or gaming at any entertainment then if, but only if, the amount of that charge falls to be determined wholly or partly by reference to the extent to which that or some other such equipment is used for the purposes of betting, lotteries or gaming, that payment shall be held to be an application of the stakes hazarded or proceeds of the entertainment, as the case may require, for purposes of private gain; and accordingly any reference in the said section 14 or 29 to expenses shall not include a reference to any such charge falling to be so determined.

(8) Subsection (6) of this section extends to any society which is established and conducted either-

and in the said subsection (6) and this subsection the expression "society" includes any club, institution, organisation or association of persons, by whatever name called, and any separate branch or section of such a club, institution, organisation or association.

shall be guilty of an offence and shall be liable on summary conviction, in the case of a first conviction for such offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment and, in the case of a second or subsequent conviction for such offence, shall be liable to a fine not exceeding two thousand dollars and shall be sentenced to imprisonment for a term not exceeding eighteen months.

(2) In any proceedings instituted under subsection (1) it shall be a defence to prove either-

(3) Proceedings under head (cc) of subparagraph (iii) of paragraph (a) of subsection (1) in respect of any matter published in a newspaper shall not be instituted except by or by direction of the Attorney-General.

(2) Where it is proved that a person charged with an offence under this section paid or deposited money or money's worth to or with another person in circumstances from which it could reasonably be inferred that the payment or deposit was made for the purpose of participating in a lottery, it shall, until the contrary is proved, be presumed that the money or money's worth was paid or deposited for the purpose of participating in a lottery.

(2) Where it is proved that a person charged with an offence under this section received money or money's worth from another person in circumstances from which it could reasonably be inferred that the money or money's worth was received for a purpose connected with a lottery, it shall, until the contrary is proved, be presumed that the money or money's worth was received for the purpose of a lottery.

(2) Proceedings under this section shall not be instituted except by or by the direction of the Attorney-General.

(2) Where it is proved that a person charged with an offence under this section had in his possession any book, paper or other instrument having thereon any name, initial, number, symbol, code or other mark, it shall, until the contrary is proved, be presumed that he had the same in his possession for a purpose connected with a lottery.

(3) Proceedings under this section shall not be instituted except by or by the direction of the Attorney-General.

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

shall be devoted to purposes other than private gain;

(3) The entertainments to which this section applies are bazaars, sales of work, fêtes, dinners, dances, fairs and other entertainments of a similar character, whether limited to one day or extended over two or more days, being entertainments previously approved in writing by the Minister.

and which is promoted by persons each of whom is a person to whom under the foregoing provisions of this subsection tickets or chances may be sold by the promoters and, in the case of a lottery promoted for the members of a society, is a person authorised in writing by the governing body of the society to promote the lottery; and for the purposes of this section, the expression "society" includes a club, institution, organisation or other association of persons by whatever name called, and each local or affiliated branch or section of a society shall be regarded as a separate and distinct society.

(2) A private lottery shall not be unlawful, but the following conditions shall be observed in connection with its promotion and conduct, that is to say-

(3) If any of the conditions set out in subsection (2) is contravened, each of the promoters of the lottery, and, where the person by whom the condition is broken is not one of the promoters, that person also, shall be guilty of an offence:

Provided that it shall be a defence for a person charged only by reason of his being a promoter of the lottery to prove that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.

(2) Should any organiser of such a lottery fail to observe and comply with the terms of this section or section 17, or render a false statement of account, such organiser shall be guilty of an offence and shall be liable to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding twelve months.

(3) For the purposes of subsection (1), "approved accountant" means, in relation to any lottery, a person (not being a person connected with the conduct of the lottery) approved by the Minister of Finance for the purpose of verifying the statement of account.

and in relation to which any entrance fee, stake, contribution or subscription is payable for or in respect of the right to enter or to participate.

(2) Nothing in subsection (1) with respect to the conducting of competitions in connection with a trade or business shall apply in relation to pool betting operations carried on by any person pursuant to the provisions of the Racecourse Betting Act or to any competition which is authorised by the Minister under this section.

(3) The Minister may by order authorise any person to conduct a competition under this section on such terms as he thinks fit, and without prejudice to the generality of the foregoing, and notwithstanding anything in the Stamp Act, any such order may include a provision exempting from stamp duty under that Act in whole or in part letters or other instruments submitted by any person for the purpose of obtaining a right to enter for, or participate In, any such competition.

(4) Any person who contravenes the provisions of this section or, being a person authorised to conduct a competition under this section, fails to comply with any terms imposed by the Minister in relation to such competition pursuant to subsection (3) shall, without prejudice to any liability to be proceeded against under section 4, be guilty of an offence.

(2) Subsection (1) shall not have effect in relation to gaming which takes place on a domestic occasion in a private dwelling, and shall not have effect in relation to any gaming where-

(2) Where a charge, in money or money's worth, is made for obtaining access to the premises on which any gaming to which this Part applies takes place, or to a part of any such premises which is a part in which the gaming takes place, then (subject to subsection (3)) that charge shall, unless the contrary is proved, be taken to be a charge made as mentioned in subsection (1).

(3) For the purposes of this section a payment which constitutes payment of, or of a quarterly or half yearly instalment of, an annual subscription to a club, or which constitutes payment of an entrance subscription for membership of a club, shall not be taken to be a charge made as mentioned in subsection (1):

Provided that this subsection shall not apply to a club unless it is shown that the club is so constituted and conducted, in respect of membership and otherwise, as not to be of a merely temporary character.

(2) A peace officer may arrest without warrant anyone whom he finds in a street or in any such place as is mentioned in paragraph (b) of subsection (1), and whom he suspects, with reasonable cause, to be taking part in gaming there in contravention of that subsection.

(3) For the purposes of this section-

(4) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding one hundred and fifty dollars.

(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 gaming by the playing of the said games in any part of those premises to which the public have access as he considers necessary to secure that such gaming in that part of the premises does not take place-

(2) The Minister may in his discretion grant a permit to any person to conduct gaming at such a fair as is referred to in subsection (1) of this section, and may at any time cancel such a permit.

(2) In the case of any such premises as aforesaid neither the holder of the licence nor any person employed by him shall knowingly allow a person under eighteen to take part in any such gaming on the premises.

(3) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding sixty dollars.

(4) Any person who contravenes subsection (2) shall be guilty of an offence, and in relation to any such offence or, as the case may be, any repetition thereof the punishments provided by sections 23 and 24 of the Liquor Licences Act shall apply as those punishments apply in relation to an offence or any repetition of an offence under paragraph (i) of the said section 23 of that Act.

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

(3) Notwithstanding any rule of law-

shall not be held to be gaming.

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

(3) The entertainments to which this section applies are bazaars, sales of work, fêtes, dinners, fairs and other entertainments of a similar character and entertainments by way of bingo, crab racing and hobby horse racing on tables, whether limited to one day or extended over a period not exceeding one year, being entertainments in respect of which the approval of the Minister in writing has first been obtained.

(2) For the purposes of subsection (1) any person who takes part in procuring the assembly of the players shall be taken to be concerned in the organisation of the gaming.

(3) Without prejudice to the provisions of subsections (1) and (2) of this section, where any gaming takes place on any premises, or in any vessel or vehicle, in contravention of any of the provisions of section 21, 22 or 23, any person who, knowing or having reasonable cause to suspect that the premises, vessel or vehicle would be used for gaming in contravention of any of those provisions,-

shall be guilty of an offence.

(4) Any person guilty of an offence under subsection (1) or subsection (3) of this section shall be liable to a fine not exceeding one thousand two hundred dollars or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

are for the time being in force.

(2) The provisions of theFirst Schedule shall have effect as to the constitution of the Board and otherwise in relation thereto.

(3) It shall be the duty of the Board-

(2) An application for a licence under this Act to carry on the business of gaming on premises shall be made to the Board for submission to the Minister, in such form and manner, and shall contain such particulars, as the Minister may determine.

(3) Where the Minister decides to grant a licence he may grant the licence upon such terms and conditions as he considers appropriate.

(2) An application for the grant of a licence under this Act to manage any premises shall be of no effect unless the Corporation have issued to the applicant a certificate consenting to his applying for such a licence in respect of their premises and that certificate accompanies the application for the licence.

(3) Not later than seven days after the date on which the application is made, the applicant shall send a copy of the application to the Commissioner of Police.

(2) A notice published in pursuance of subsection (1) shall specify the name of the applicant and such other particulars as the Board may determine and shall state that any person who desires to object to the grant of the licence shall send to the secretary to the Board, before such date (not being earlier than seven days after the publication of the advertisement) as may be specified in the notice, two copies of a brief statement in writing of the grounds of his objection.

(3) Such a notice as aforesaid shall not include any matter which is not required by subsection (1) or (2) to be included in it.

(2) On or after the date so specified, but not less than seven days before the date appointed by the Board for the consideration of the application, the secretary to the Board shall send a notice in writing of the date, time and place of the meeting of the Board at which the application will be considered-

(3) The secretary to the Board shall also cause notice of that meeting to be published in a newspaper printed and circulating in The Bahamas.

(4) With the notice sent to the applicant in accordance with subsection (2) there shall be enclosed a copy of any objection to the grant of a licence which has been received by the secretary to the Board and has not been withdrawn.

(2) Except as provided by subsection (1), on any such application any of the following persons, that is to say-

shall be entitled to be heard by the Board sitting in public either in person or by counsel and the Board shall also hear any representations made by, or on behalf of, the Commissioner of Police.

(2) Upon the grant of a transfer, the licence shall during such period apply to the new premises in all respects as it applied to the premises to which it originally related.

(3) A transfer of a licence to new premises shall not be granted under subsection (1) unless the Minister is satisfied that such new premises to which the licence is proposed to be transferred are so situated and constructed as to be suitable for the carrying on thereon of the business of gaming.

(4) Where a transfer has been granted under subsection (1), any subsisting licence to manage the premises which have been affected by the transfer shall from the date of such transfer apply to and have effect in respect of the premises to which the licence has been transferred.

(2) A licence under this Act to manage premises shall not be granted-

(3) In paragraph (b) of subsection (2) the expression-

'director' includes any person who occupies the position of a director, by whatever name called;

'officer' includes a director, manager or secretary,

and both these expressions include any person in accordance with whose directions or instructions the directors of the company are accustomed to act.

(2) Every report made pursuant to subsection (1) shall set forth full particulars of the application and of the objections and representations, if any, made to the Board in relation thereto, and shall include the recommendation of the Board to the Minister whether the licence should be granted or refused or be granted subject to any restrictions or conditions, and in the last-mentioned case shall suggest the restrictions or conditions which appear to the Board to be required.

(2) Notice of every licence granted under this Act to manage premises, and of every amendment or cancellation of such a licence shall be published in the Gazette.

(2) Prior to the cancellation of a licence in any particular case under the provisions of subparagraph (i) or (ii) of paragraph (b) of subsection (1), the Minister shall in writing inform the licensee of the ground on which he considers that the licence ought to be cancelled and require the licensee to show cause within a specified time why the licence should not be cancelled and if either the licensee fails to comply with that requirement within the time specified or the cause shown is inadequate in the opinion of the Minister, the Minister may cancel the licence and in such case shall cause notice of the fact, in addition to being published in the Gazette, to be sent to the licensee by registered post at his last known address.

(3) Every decision of the Minister under this section shall be final.

(2) For the purposes of this section a person participates in the gaming if-

or

shall take part in gaming to which this Part applies on any premises in respect of which licences under this Act are for the time being in force, and any such person who takes part in gaming as aforesaid is guilty of an offence and liable to a fine not exceeding five hundred dollars:

Provided that taking part in gaming on the relevant premises by any person employed by a holder of a licence to manage premises to take part in the conduct of gaming there shall not be in contravention of the section if such taking part in gaming is within the course of such employment.

(2) Any person who-

shall be guilty of an offence.

(2) Subsection (1) applies to the employment of any person in any of the capacities and in respect of the performance of the functions in relation to such capacity specified in the Fourth Schedule, on the premises in question.

(3) The provisions of Part I of the Second Schedule shall have effect with respect to applications to the Board for certificates of approval under this section, with respect to the issue, renewal and revocation of such certificates and with respect to appeals against decisions whereby the Board refused to issue or renew or the Board revoked such a certificate.

(4) An application made to the Board for the issue or renewal of a certificate of approval, and an appeal against the decisions of the Board refusing such a certificate, shall, in such circumstances and to such extent as is provided by Part II of the Second Schedule, have effect for the purposes of this section as if it were a certificate of approval issued by the Board, and for the time being in force, under this section and an appeal against the decision of the Board to revoke such a certificate shall, to such extent as is so provided, have effect for the purposes of this section of suspending the person to whom the certificate was issued from acting in the capacity and performing the functions in relation to such capacity to which the certificate relates.

(5) In this section 'service agreement' means any contract of service or apprenticeship or any contract or arrangement for the rendering of services which is not a contract of service or apprenticeship.

(6) If any person, for the purpose of obtaining, for himself or for any other person, a certificate of approval under this section, or the reinstatement of such a certificate after it has been revoked by the Board-

he shall be guilty of an offence and liable to a fine not exceeding six hundred dollars.

(2) Subsection (1) applies to the employment of any person in any of the following capacities on the premises in question-

(3) The provisions of the Third Schedule shall have effect with respect to application to the Board for permits under this section and with respect to the issue, renewal and revocation of such permits.

(4) If any person, for the purpose of obtaining for himself or for any other person a permit under this section or the reinstatement of such a permit after it has been revoked by the Board-

he shall be guilty of an offence and liable to a fine not exceeding six hundred dollars.

(2) Fingerprints for the purposes of subsection (1) shall be fingerprints taken at an agency approved by the Minister, and certified in writing by a person in authority at such agency to be the fingerprints of the person in question.

(3) Where the fingerprints of any person have been furnished to the Board in accordance with the provisions of subsection (1), then if that person is issued or refused a certificate of approval the fingerprints and all copies and records thereof shall be returned to the said person.

(2) Subject to subsection (2) of section 67, the Minister may make regulations imposing such prohibitions, restrictions or other requirements (in addition to those imposed by or under the preceding provisions of this Part) as may appear to the Minister to be requisite-

[i](3) Except as provided in any contract of employment with the Board, the Board with the approval of the Minister may grant to any employee of the Board, other than an employee appointed by way of secondment under subsection (2), in respect of his service with the Board pensions, gratuities or other like benefits at the rate prescribed by, and in accordance with, the provisions of the Pensions Act as if references in that Act to the Governor-General, the public service and a public officer where references to the Minister, service with the Board and such employee respectively.

[ii](4) For the purposes of subsection (3), reference to the service of an employee of the Board includes any continuous period of service of that employee with an approved authority immediately prior to his service with the Board.

[iii](5) Where at any time before the commencement of this section any employee of the Board has been paid in respect of his service with the Board any amount of pension, gratuity or other like benefit, the amount of any pension, gratuity or other like benefit granted under subsection (3) shall be reduced by the amount of such payment.

[iv](6) In subsection (4) the expression "approved authority" has the meaning assigned to it in the Pensions Act.

(2) Where a person is charged with an offence under subsection (1) of this section in respect of a contravention of any such provisions as are mentioned in that subsection, it shall be a defence for him to move-

(3) Any person guilty of an offence under subsection (1) of this section shall be liable to a fine not exceeding one thousand two hundred dollars, or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

(4) Where, on the grant of a licence under this Act to manage premises, the Minister imposed any restrictions or conditions under section 45, subsections (1), (2) and (3) of this section shall have effect in relation to any contravention of those restrictions or conditions as they have effect in relation to any contravention of the provisions of sections 48 to 54.

(2) The Board shall furnish the Minister with such returns, accounts and other information as he may require with respect to the activities and property of the Board, and shall afford to him facilities for verifying such information in such manner and at such times as he may reasonably require.