Gambling Act 2005 - Occasional Use Notice

Section 39 – Occasional Use Notice

A person who accepts bets on a track, or who causes or permits premises to be used for the acceptance of bets, does not commit an offence under section 37 if

(a) a notice has been given under this section in respect of the track, and
(b) the activity is carried on in accordance with the notice.

A notice under this section (an “occasional use notice”) in respect of a track may be given only by a person who is

(a) responsible for the administration of events on the track, or
(b) an occupier of the track

An occasional use notice must

(a) be given in writing to the licensing authority for any area in which the track is wholly or partly situated, and
(b) be copied to either
(i) in England and Wales, the chief officer of police for any area in which the track is wholly or partly situated, or
(ii) in Scotland, the chief constable of the police force maintained for the police area comprising that area.

An occasional use notice must specify a day on which it has effect

An occasional use notice may not be given in respect of a track for a day in a calendar year if eight occasional use notices have been given in respect of that track for days in that year

In this section

(a)“chief officer of police” has the meaning given by section 101(1) of the Police Act 1996 (c. 16), and
(b) a reference to a chief officer's area is a reference to the area in respect of which he has responsibility under that Act

Last updated 13 February 2024