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WRITTEN QUESTION TO H.M. ATTORNEY GENERAL BY SENATOR F. DU H. LE GRESLEY
ANSWER TO BE TABLED ON TUESDAY 17th MAY 2011
Question
Could HM Attorney General advise if the Gambling (Gaming and Lotteries) (Jersey) Regulations 1965, or any related Orders, enable the Minister for Economic Development to issue a gaming machine licence to a business which is not a licensed betting office? Could he also advise if the definition of a gaming machine in the legislation could include a server based, touch screen, lottery terminal?
Answer
Part 3 and the Schedule of the Gambling (Gaming and Lotteries)(Jersey) Regulations 1965 govern the use of gaming machines in licensed betting offices. Under the Regulations, "relevant licensed premises" means a licensed betting office in respect of which a licence under Part 3 is for the time being in force. The legislation does not provide for the licensing of gaming machines in respect of premises which are not (or cease to be) a licensed betting office.
The definition of a gaming machine is unlikely to include a server based, touch screen lottery terminal, noting the definition set out in Regulation 1(1) of the Gambling (Gaming and Lotteries)(Jersey) Regulations 1965.
In any event, Regulation 1(2) of the Gambling (Channel Islands Lottery)(Jersey) Regulations 1975 provides that for the purposes of any enactment, participation in the Channel Islands Lottery shall not be held to be gaming.