Thursday, December 31, 2009

STATUTE LAW OF THE BAHAMAS: ...Lotteries and Gaming Act

Page 1

LOTTERIES AND GAMING
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STATUTE LAW OF THE BAHAMAS
LOTTERIES AND GAMING
CHAPTER 387
LOTTERIES AND GAMING
LIST OF AUTHORISED PAGES
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ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
SECTION
1.
Short title.
2.
Interpretation.
PART II
LOTTERIES
3.
Illegality of lotteries.
4.
Offences in connection with lotteries.
5.
Offence to pay money for purpose of participating in lottery.
6.
Offence to receive money for purpose of lottery.
7.
Offence to possess instruments for gambling.
8.
Offence to possess books, etc., having names, etc., for purpose of lottery.
9.
Offence to declare winner, etc., of lottery.
10.
Offence to be found on premises where lottery is taking place.
11.
Offence to permit premises to be used for a lottery.
12.
Offence to promote, organise or conduct a lottery.
13.
Defences to charges brought under section 5, 6, 7, 8, 9, 10, 11 or 12.
14.
Exemption of small lotteries incidental to certain entertainments.
15.
Exemption of private lotteries.
16.
Exemption of lotteries conducted for charitable and other purposes.
17.
Audit of accounts.


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18.
Restriction on certain prize competitions.
19.
Moneys paid for illegal lottery tickets, etc., recoverable and contracts
thereon void.
PART III
GAMING ELSEWHERE THAN ON PREMISES LICENSED
UNDER PART IV
20.
Gaming to which Part III applies.
21.
Nature of games.
22.
No charge for taking part in gaming.
23.
No levy on stakes or winnings.
24.
Gaming in public places.
25.
Saving for dominoes, draughts, darts, and billiards on licensed premises.
26.
Saving for pleasure fairs.
27.
Special provisions as to persons under eighteen.
28.
Special provisions with regard to gaming.
29.
Saving for entertainments not held for private gain.
30.
Offences under Part III.
PART IV
GAMING ON PREMISES LICENSED UNDER THIS PART
31.
Gaming to which Part IV applies.
32.
Gaming Board for The Bahamas.
33.
Licence to carry on business of gaming on premises.
34.
Application for licence to manage premises.
35.
Advertisement of application.
36.
Action by Board upon receipt of application, etc.
37.
Who may be heard by the Board.
38.
Transfer of licences.
39.
Late objections.
40.
Adjournment.
41.
Evidence may be taken on oath and costs.
42.
Ground for recommending refusal.
43.
Persons not to be granted licences.
44.
Recommendations by the Board.
45.
Decision by the Minister.
46.
Contents of licence.
47.
Amendment and cancellation of licences.
48.
Who may participate in gaming to which Part IV applies.
49.
Prohibition of winning in excess of losses.
50.
Persons prohibited from gaming.
51.
Power of Minister to ban certain persons from gaming.
52.
Approval by Board of certain persons connected with gaming.
53.
Approval by Board of permits for certain persons working on licensed
premises.
54.
Fingerprints required from certain employees.
55.
Further powers to regulate licensed premises.
56.
Offences under Part IV.


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STATUTE LAW OF THE BAHAMAS
PART V
MISCELLANEOUS AND SUPPLEMENTARY
57.
Secretary to Board to keep registers, etc.
58.
Inspection of registers by public, etc.
59.
Power of Minister to give policy directions and require returns, etc.
60.
Accounts of Board and audit.
61.
Annual report of Board.
62.
Appointment of officers, etc.
63.
Powers and duties of inspectors, etc.
63A. Confidentiality.
63B. Duty of the Board.
64.
Power of inspector to remove equipment from premises.
65.
Power of arrest without warrant.
66.
Inspectors to have powers, etc. of police officers.
67.
Regulations.
68.
Liability of lessees, tenants, etc.
69.
Offences by bodies corporate.
70.
Penalties.
71.
Mode of trial.
72.
Forfeiture.
73.
Service of documents.
74.
Financial provisions.
75.
Delegation of certain functions by Minister.
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.


LOTTERIES AND GAMING
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STATUTE LAW OF THE BAHAMAS
CHAPTER 387
LOTTERIES AND GAMING
An Act to regulate lotteries and gaming and for
matters connected therewith or incidental thereto.
[Assent 17th April, 1969]
[Commencement 1st August, 1969]
PART I
PRELIMINARY
1. This Act may be cited as the Lotteries and Gaming
Act.
2. (1) In this Act unless the context otherwise
requires the following expressions have the meanings hereby
assigned to them respectively, that is to say —
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 and pari-
mutuel wagering;
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;
8 of 1969
1 of 1971
2 of 1972
13 of 1974
E.L.A.O., 1974
19 of 1975
7 of 1977
3 of 1978
18 of 1988
21 of 1988
27 of 1995
14 of 2001
25 of 2002
15 of 2007
Short title.
Interpretation.
27 of 1995, s. 2.
25 of 2002, s. 2.
13 of 1974, s. 2.


CH.387 – 6]
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STATUTE LAW OF THE BAHAMAS
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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” —
(a) in relation to a game of chance, includes any
person taking part in the game against whom
other persons taking part in the game, stake, play
or bet;
(b) in relation to sports betting, means a person who
takes part in the sports betting by making a bet
on an athletic game or sport, and whose bet is
accepted by another person for the purposes of
the sports betting; and
(c) in relation to pari-mutuel wagering, means a
person who takes part in pari-mutuel wagering
by making a bet on races and whose bet is
accepted by another person for the purpose of
pari-mutuel wagering;
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;”
13 of 1974, s. 2.
E.L.A.O., 1974.
27 of 1995, s. 2.
25 of 2002, s. 2.
3 of 1978, s. 2.


LOTTERIES AND GAMING
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STATUTE LAW OF THE BAHAMAS
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 —
(a) in so far as it is a lottery, it is a lottery promoted
as mentioned in section 14, or is a private lottery
as defined by subsection (1) of section 15, or is a
lottery organised as mentioned in subsection (1)
of section 16; and
(b) each winner of a prize is ascertained by reference
to not more than three determining factors each
of those factors being either the result of a draw
(or other determination) or the outcome of an
event,
the playing of the game shall not constitute gaming for the
purposes of this Act.
(4) For the purposes of Part II —
(a) references to printing shall be construed as
including references to writing and other modes
of representing or reproducing words in a visible
form; and
27 of 1995, s. 2.


CH.387 – 8]
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(b) documents or other matters shall be deemed to
be distributed if they are distributed to persons
or places whether within or outside The
Bahamas, and the expression “distribution” shall
be construed accordingly.
(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 —
(a) wholly for purposes other than purposes of any
commercial undertaking; or
(b) wholly or mainly for the purposes of participation
in or support of athletic sports or athletic
games,
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.


LOTTERIES AND GAMING
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[Original Service 2001]
STATUTE LAW OF THE BAHAMAS
PART II
LOTTERIES
3. Subject to the provisions of this Act, all lotteries
are unlawful.
4. (1) Subject to the provisions of this section, every
person who —
(a) in connection with any lottery promoted or
proposed to be promoted in The Bahamas
(i) prints any tickets for use in the lottery; or
(ii) sells or distributes, or offers or advertises
for sale or distribution, or has in his
possession for the purpose of sale or
distribution, any tickets or chances in the
lottery; or
(iii) prints, publishes or distributes, or has in his
possession for the purpose of publication or
distribution —
(aa) any advertisement of the lottery; or
(bb) any list, whether complete or not, of
prize winners or winning tickets in
the lottery; or
(cc) any such matter descriptive of the
drawing or intended drawing of the
lottery, or otherwise relating to the
lottery, as is calculated to act as an
inducement to persons to participate
in that lottery or in other lotteries; or
(iv) brings, or invites any person to send, into
The Bahamas for the purpose of sale or
distribution any ticket in, or advertisement
of, the lottery; or
(v) causes, procures or attempts to procure any
person to do any of the aforementioned
acts; or
(b) in connection with any lottery promoted or
proposed to be promoted outside The Bahamas
prints, or causes, procures or attempts to procure
any person to print —
(i) any tickets for use in the lottery; or
Illegality of
lotteries.
Offences in
connection with
lotteries.
13 of 1974, s. 3.


CH.387 – 10]
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STATUTE LAW OF THE BAHAMAS
[Original Service 2001]
(ii) any matter or thing mentioned at head (aa)
or (bb) or (cc) of subparagraph (iii) of
paragraph (a) of this subsection.
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 —
(a) that the lottery to which the proceedings relate
was a lottery permitted or declared not to be
unlawful by section 14, 15 or 16, and that at the
time of the alleged offence the person charged
believed, and had reasonable ground for
believing, that none of the conditions required
by that section to be observed in connection with
the promotion and conduct of the lottery had
been broken; or
(b) that the lottery to which the proceedings relate
was also a game of chance and that at the time of
the alleged offence the person charged believed,
and had reasonable ground for believing, that it
was being conducted in such circumstances that
no offence under Part III or Part IV was
committed.
(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.
5. (1) Any person who pays or deposits any money
or money’s worth to or with any person for the purpose of
participating in a lottery, shall be guilty of an offence and
liable on summary conviction, in the case of a first
conviction for such offence, to a fine not exceeding one
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
13 of 1974, s. 3.
Offence to pay
money for
purpose of
participating in
lottery.
13 of 1974, s. 4.


LOTTERIES AND GAMING
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STATUTE LAW OF THE BAHAMAS
exceeding one thousand dollars and shall be sentenced to
imprisonment for a term not exceeding twelve months.
(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.
6. (1) Any person who receives directly or
indirectly any money or money’s worth from another
person for any purpose whatsoever connected with a
lottery shall be guilty of an offence and 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 eighteen 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) 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.
7. (1) Any person who has in his possession
without lawful excuse (the proof whereof shall be upon
him) any instrument for gambling shall be guilty of an
offence and liable on summary conviction, in the case of a
first conviction for such offence, to a fine not exceeding
three thousand dollars or to imprisonment for a term not
exceeding two years 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 three
thousand dollars and shall be sentenced to imprisonment
for a term not exceeding two years.
13 of 1974, s. 4.
Offence to
receive money for
purpose of
lottery.
Offence to
possess
instruments for
gambling.
13 of 1974, s. 4.


CH.387 – 12]
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(2) Proceedings under this section shall not be
instituted except by or by the direction of the Attorney-
General.
8. (1) Any person who has in his possession any
book, paper or other instrument whatsoever having thereon
any name, initial, number, symbol, code or other mark for
any purpose whatsoever connected with a lottery, shall be
guilty of an offence and liable on summary conviction, in
the case of a first conviction for such offence, to a fine not
exceeding three thousand dollars or to a term of
imprisonment not exceeding two years 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 three thousand dollars and shall be
sentenced to imprisonment for a term not exceeding two
years.
(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.
9. Any person who determines, throws, declares or
exhibits, expressly or otherwise, the winner or winning
number, name, initial, ticket, lot, figure, design, symbol,
code or other result of a lottery, shall be guilty of an
offence and liable on summary conviction, in the case of a
first conviction for such offence, to a fine not exceeding
four thousand dollars or to imprisonment for a term not
exceeding two years 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 four
thousand dollars and shall be sentenced to imprisonment
for a term not exceeding two years.
10. Any person who without lawful excuse (the
proof whereof shall be upon him) is found in any premises
where a lottery is taking place, shall be guilty of an offence
and liable on summary conviction, in the case of a first
conviction for such offence, to a fine not exceeding five
hundred dollars or to imprisonment for a term not
Offence to
possess books
etc. having names
etc. for purpose
of lottery.
13 of 1974, s. 4.
Offence to
declare winner
etc. of lottery.
13 of 1974, s. 4.
Offence to be
found on
premises where
lottery is taking
place.
13 of 1974, s. 4.


LOTTERIES AND GAMING
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STATUTE LAW OF THE BAHAMAS
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 five hundred dollars and shall be sentenced to
imprisonment for a term not exceeding twelve months.
11. Any person who uses any premises or
knowingly permits any premises to be used for any
purposes connected with the promotion or conduct of a
lottery, shall be guilty of an offence and liable on summary
conviction, in the case of a first conviction for such
offence, to a fine not exceeding five thousand dollars or to
imprisonment for a term not exceeding two years 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 five thousand dollars and shall be
sentenced to imprisonment for a term not exceeding two
years.
12. Any person who promotes, organises or
conducts, a lottery, other than a lottery permitted by section
14, 15 or 16, shall be guilty of an offence and liable on
summary conviction, in the case of a first conviction for
such offence, to a fine not exceeding five thousand dollars
or to imprisonment for a term not exceeding two years 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 five thousand dollars and
shall be sentenced to imprisonment for a term not
exceeding two years.
13. In any proceedings instituted under section 5, 6, 7,
8, 9, 10, 11 or 12 it shall be a defence to prove either —
(a) that the lottery to which the proceedings relate
was a lottery permitted or declared not to be
unlawful by section 14, 15 or 16, and that at the
time of the alleged offence the person charged
believed, and had reasonable ground for
believing, that none of the conditions required
by that section to be observed in connection with
the promotion and conduct of the lottery had
been broken; or
(b) that the lottery to which the proceedings relate
was also a game of chance and that at the time of
the alleged offence the person charged believed
and had reasonable ground for believing that it
Offence to permit
premises to be
used for a lottery.
13 of 1974, s. 4.
Offence to
promote,
organise or
conduct a lottery.
13 of 1974, s. 4.
Defences to
charges brought
under section 5,
6, 7, 8, 9, 10, 11
or 12.
13 of 1974, s. 4.


CH.387 – 14]
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STATUTE LAW OF THE BAHAMAS
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was being conducted in such circumstances that
no offence under Part III or Part IV was
committed.
14. (1) Where a lottery is promoted as an incident of
an entertainment to which this section applies, that lottery
shall not be unlawful but the conditions set out in subsection
(2) shall be observed in connection with its promotion and
conduct and, if any of those conditions is contravened, every
person concerned in the promotion or conduct of the lottery
shall be guilty of an offence unless he proves that the
contravention occurred without his consent or connivance
and that he exercised all due diligence to prevent it.
(2) The conditions referred to in subsection (1) are
that —
(a) the whole proceeds of the entertainment (including
the proceeds of the lottery) after deducting —
(i) the expenses of the entertainment,
excluding expenses incurred in connection
with the lottery;
(ii) the expenses incurred in printing tickets in
the lottery; and
(iii) such sum, if any, not exceeding thirty
dollars, as the promoters of the lottery
think fit to appropriate on account of any
expense incurred by them in purchasing
prizes in the lottery,
shall be devoted to purposes other than private
gain;
(b) none of the prizes in the lottery shall be money
prizes; and
(c) the facilities afforded for participating in
lotteries, or those facilities together with
facilities offered by virtue of section 29 for
taking part in gaming, shall not be the only, or
the only substantial, inducement to persons to
attend the entertainment.
(3) The entertainments to which this section applies
are bazaars, sales of work, fĂȘtes, 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.
Exemption of
small lotteries
incidental to
certain
entertainments.


LOTTERIES AND GAMING
[CH.387 – 15
[Original Service 2001]
STATUTE LAW OF THE BAHAMAS
15. (1) In this section, the expression “private
lottery” means a lottery in The Bahamas which is promoted
for, and in which the sale of tickets or chances by the
promoters is confined to, either —
(a) members of one society established and
conducted for purposes not connected with
gaming, betting or lotteries; or
(b) persons all of whom work on the same premises;
or
(c) persons all of whom reside on the same premises,
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 —
(a) the whole proceeds, after deducting only the
expenses incurred for printing and stationery,
shall be devoted to the provision of prizes for
purchasers of tickets or chances, or, in the case
of a lottery promoted for the members of a
society, shall be devoted either
(i) to the provision of prizes as aforesaid; or
(ii) to purposes which are purposes of the
society; or
(iii) as to part of the provision of prizes as
aforesaid and as to the remainder to such
purposes as aforesaid;
(b) there shall not be exhibited, published or
distributed any written notice or advertisement
of the lottery other than —
(i) a notice thereof exhibited on the premises
of the society for whose members it is
promoted or, as the case may be, on the
premises on which the persons for whom
it is promoted work or reside; and
Exemption of
private lotteries.


CH.387 – 16]
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STATUTE LAW OF THE BAHAMAS
[Original Service 2001]
(ii) such announcement or advertisement
thereof as is contained in the tickets or list
of chances;
(c) the price of all tickets or chances shall be the
same, and the price of any ticket shall be stated
on the ticket, or, if there are no tickets, on the
list of chances;
(d) every ticket or list of chances shall bear upon its
face the name and address of each of the
promoters, a statement of the persons to whom
the sale of tickets or chances by the promoters is
restricted, and a statement that no prize won in
the lottery shall be paid or delivered by the
promoters to any person other than the person to
whom the winning ticket or chance was sold by
them, and no prize shall be paid or delivered
except in accordance with that statement;
(e) no ticket or chance shall be issued or allotted by
the promoters except by way of sale and upon
receipt of the full price thereof, and no money or
valuable thing so received by a promoter shall in
any circumstances be returned;
(f) no tickets in the lottery shall be sent through the
post; and
(g) the prior approval in writing of the Minister for
the promotion and conduct of the lottery shall
have been obtained.
(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.
16. (1) Any three or more persons ordinarily resident
in The Bahamas may organise a lottery for the purpose of
raising funds to be used for any religious or educational or
charitable purpose, the promotion of athletic sports or
Exemption of
lotteries
conducted for
charitable and
other purposes.


LOTTERIES AND GAMING
[CH.387 – 17
[Original Service 2001]
STATUTE LAW OF THE BAHAMAS
games or cultural activities, or otherwise for the promotion
of the welfare of the community or any part thereof,
subject to the following conditions —
(a) the organisers of the lottery shall —
(i) obtain the prior approval in writing of the
Minister for organising the lottery;
(ii) undertake to declare the purposes for which
the proceeds of the lottery will be applied;
(iii) enter into a bond with the Treasurer for
payment to him of fifteen per cent of the
gross receipts therefrom, which amount is
in this section referred to as the duty
payable on the lottery;
(iv) pay to the Treasurer within fourteen days
after the lottery has been conducted the
duty payable on the lottery evidenced by a
statement of account duly verified by an
approved accountant;
(b) the Minister of Finance may waive or refund, in
whole or in part, the duty payable on the lottery,
and, subject to the provisions of paragraph (c) of
this subsection, the conditions imposed by
subparagraphs (iii) and (iv) of paragraph (a) of
this subsection shall be construed accordingly;
(c) where the duty payable on a lottery has been
waived or refunded in whole or in part, the
Minister may nevertheless, in his discretion,
authorise the Treasurer to collect from the
organisers of the lottery the full amount of such
duty and pay over to the organisation in whose
favour the lottery has been organised the amount
waived or refunded.
(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.
E.L.A.O., 1974.
E.L.A.O., 1974.


CH.387 – 18]
LOTTERIES AND GAMING
STATUTE LAW OF THE BAHAMAS
[Original Service 2001]
17. The accounts relative —
(a) to any entertainment at which gaming is carried
on pursuant to section 29; or
(b) to any lottery permitted under this Act, shall at
all times be open to the inspection of the
Government, and the Minister of Finance may,
if and whenever he desires, appoint an auditor to
examine the said accounts at the cost of the
organiser of such entertainment or lottery as the
case may be.
18. (1) Subject to the provisions of this section, it
shall be unlawful to conduct in or through any newspaper,
or in connection with any trade or business or the sale of
any article to the public —
(a) any competition in which prizes are offered for
the forecast of the result either —
(i) of a future event; or
(ii) of a past event, the result of which is not
yet ascertained or not yet generally known;
(b) any other competition success in which does not
depend to a substantial degree upon the exercise
of skill,
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.
Audit of
accounts.
Restriction on
certain prize
competitions.
Ch. 386.
Ch. 370.


LOTTERIES AND GAMING
[CH.387 – 19
LRO 1/2008
STATUTE LAW OF THE BAHAMAS
(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.
19. Any money or money’s worth paid or deposited
for or in respect of any lottery other than a lottery
permitted pursuant to this Part, or for or in respect of the
purchase of a ticket or a chance in any such lottery, shall be
recoverable as money had and received to the use of the
person making the payment, deposit or purchase
(hereinafter referred to as “the purchaser”), and every sale
or contract for sale of such a ticket or chance is hereby
declared to be void, and no action shall be maintainable by
any person in respect of any such sale or contract except by
the purchaser for the return of the money or other
consideration (if any) paid thereon.
PART III
GAMING ELSEWHERE THAN ON PREMISES
LICENSED UNDER PART IV
20. This Part applies to all gaming which takes place
elsewhere than on premises in respect of which licences under
this Act are for the time being in force.
21. (1) Subject to the following provisions of this
section, no gaming to which this Part applies shall take
place where any one or more of the following conditions
are fulfilled —
(a) the game involves playing or staking against a
bank, whether the bank is held by one of the
players or not;
(b) the nature of the game is such that the chances in
the game are not equally favourable to all the
players;
(c) the nature of the game is such that the chances in
it lie between the player and some other person,
or (if there are two or more players) lie wholly
or partly between the players and some other
person, and those chances are not as favourable
to the player or players as they are to that other
person.
Moneys paid for
illegal lottery
tickets, etc.,
recoverable and
contracts thereon
void.
Gaming to which
Part III applies.
3 of 1978, s. 3.
Nature of games.


CH.387 – 20]
LOTTERIES AND GAMING
STATUTE LAW OF THE BAHAMAS
LRO 1/2008
(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 —
(a) the gaming takes place in a hostel, hall of
residence or similar establishment which is not
carried on by way of a trade or business, and the
players consist exclusively or mainly of persons
who are residents or inmates in that
establishment; or
(b) the gaming takes place on premises which
belong to a college or other educational
institution for persons over compulsory school
age and are provided exclusively or mainly for
persons who are fellows or members of, or
tutors or students at, that institution, and the
players consist exclusively or mainly of such
persons.
22. (1) No gaming to which this Part applies shall
take place in circumstances where (apart from any money
or money’s worth which a player puts down as a stake or
pays by way of losses) a charge, in money or money’s
worth, is made for taking part in the gaming.
(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.
23. Without prejudice to the generality of section 22,
no gaming to which this Part applies shall take place where
a levy is charged on any of the stakes or on the winnings of
any of the players, whether by way of direct payment or
No charge for
taking part in
gaming.
No levy on stakes
or winnings.


LOTTERIES AND GAMING
[CH.387 – 21
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STATUTE LAW OF THE BAHAMAS
deduction, or by the exchange of tokens at a lower rate
than the rate at which they were issued, or by any other
means.
24. (1) Subject to the provisions of this Part, no
person shall take part in gaming to which this Part
applies —
(a) in any street; or
(b) in any other place to which, whether on payment
or otherwise, the public have access.
(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 —
(a) street” includes any bridge, road, lane, footway,
subway, square, court, alley or passage, whether
a thoroughfare or not, which is for the time
being open to the public; and
(b) the doorways and entrances of premises abutting
upon, and any ground adjoining and open to, a
street shall be treated as forming part of the
street.
(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.
25. (1) The restriction imposed by subsection (1) of
section 24 does not apply to the playing of dominoes,
draughts, darts, billiards or any other prescribed game on
premises licensed under the Liquor Licences Act.
(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 —
(a) for high stakes; or
(b) in such circumstances as to constitute an
inducement to persons to resort thereto primarily
for the purpose of taking part in any such
gaming.
Gaming in public
places.
Saving for
dominoes,
draughts, darts,
and billiards on
licensed
premises.
Ch. 372.


CH.387 – 22]
LOTTERIES AND GAMING
STATUTE LAW OF THE BAHAMAS
LRO 1/2008
26. (1) The restriction imposed by subsection (1) of
section 24 does not apply to gaming (whether by means of
a gaming machine or not) conducted pursuant to a permit
granted by the Minister for the purpose under subsection
(2) of this section at a pleasure fair, consisting wholly or
partly of amusements provided by travelling showmen,
which is held on any day of a year on premises not
previously used in that year on more than twenty-one days
for the holding of such a pleasure fair.
(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.
27. (1) No person under eighteen shall take part in
gaming to which this Part applies on any premises licensed
under the Liquor Licences Act.
(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.
28. (1) Notwithstanding any rule of law, for the
purposes of any enactment relating to betting the
expression “bet” shall not include any bet or stake at any
gaming conducted in such circumstances that no offence
under this Act is committed.
(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.
Saving for
pleasure fairs.
Special
provisions as to
persons under
eighteen.
Ch. 372.
Special
provisions with
regard to
gaming.


LOTTERIES AND GAMING
[CH.387 – 23
LRO 1/2008
STATUTE LAW OF THE BAHAMAS
(3) Notwithstanding any rule of law —
(a) the making of bets by way of pool betting
conducted pursuant to the Racecourse Betting
Act; and
(b) participation in any lottery permitted under this
Act or declared by this Act not to be unlawful,
shall not be held to be gaming.
29. (1) Where gaming is carried on at or as an
entertainment to which this section applies, then in relation
to that gaming so much of section 24 as relates to gaming
in a place other than a street shall not apply, but the
conditions set out in subsection (2) and such other
conditions as the Minister may in writing at the date of the
grant of the approval of such entertainment impose, shall
be observed in connection with the promotion and conduct
of that entertainment and gaming, and if any of those
conditions is contravened, every person concerned in the
promotion or conduct of the entertainment or gaming shall
be guilty of an offence unless he proves that the
contravention occurred without his consent or connivance
and that he exercised all due diligence to prevent it.
(2) The conditions referred to in subsection (1) are —
(a) that the whole proceeds of the entertainment
after deducting sums lawfully appropriated on
account of expenses or for the provision of
prizes or awards in respect of the games which
constitute the gaming are applied to such
purposes other than private gain as the Minister
may approve; and
(b) that the amount of the said proceeds appropriated
in respect of expenses does not exceed the
reasonable cost of the facilities provided for the
purposes of the game.
(3) The entertainments to which this section applies
are bazaars, sales of work, fĂȘtes, 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.
Ch. 386.
Saving for
entertainments
not held for
private gain.
1 of 1971, s. 2.


CH.387 – 24]
LOTTERIES AND GAMING
STATUTE LAW OF THE BAHAMAS
LRO 1/2008
30. (1) If any gaming takes place in contravention of
any of the provisions of section 21, 22 or 23 of this Act,
every person concerned in the organisation or management
of the gaming shall be guilty of an offence.
(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, —
(a) allowed the premises, vessel or vehicle to be
used for the purposes of gaming to which this
Part applies; or
(b) let, or let on hire, the premises, vessel or vehicle
or otherwise made the premises, vessel or
vehicle available, to any person by whom an
offence under subsection (1) of this section is
committed in connection with the gaming,
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.
PART IV
GAMING ON PREMISES LICENSED UNDER THIS
PART
31. This Part applies to all gaming which takes place
on premises in respect of which both —
(a) a licence under this Act to carry on the business
of gaming on the premises; and
(b) a licence under this Act to manage the said
premises,
are for the time being in force.
Offences under
Part III.
Gaming to which
Part IV applies.
3 of 1978, s. 4.


LOTTERIES AND GAMING
[CH.387 – 25
[Original Service 2001]
STATUTE LAW OF THE BAHAMAS
32. (1) There shall be established a Gaming Board
for The Bahamas (in this Act referred to as “the Board”).
(2) The provisions of the First 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 —
(a) to keep under review the extent, character and
location of gaming facilities which are for the
time being provided on premises in respect of
which licences under this Act are for the time
being in force; and
(b) to perform such other functions as are assigned
to the Board by this Act.
33. (1) The Hotel Corporation of The Bahamas
established under section 3(1) of the Hotel Corporation of
The Bahamas Act, (in this Act referred to as “the
Corporation”) shall be the only person entitled to the
grant of a licence under this Act to carry on the business
of gaming on any premises.
(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.
34. (1) Subject to subsection (2), every application
for a licence under this Act to manage any premises shall
be made to the secretary to the Board in such form and
manner, and shall contain such particulars, as may be
prescribed.
(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.
Gaming Board
for The
Bahamas.
First Schedule.
3 of 1978, s. 4.
Licence to carry
on business of
gaming on
premises.
3 of 1978, s. 4.
Ch. 290.
Application for
licence to manage
premises.
3 of 1978, s. 4.


CH.387 – 26]
LOTTERIES AND GAMING
STATUTE LAW OF THE BAHAMAS
[Original Service 2001]
35. (1) Not later than seven days after the making of
an application under section 34, the applicant shall cause
notice of the making of the application to be published by
means of an advertisement in a newspaper printed and
circulating in The Bahamas.
(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.
36. (1) Not later than seven days after the publication
of the newspaper containing the advertisement required by
section 35, the applicant shall send a copy of that newspaper
to the secretary to the Board and the Board shall not
consider the application earlier than seven days after the
date specified in the advertisement.
(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 —
(a) to the applicant:
(b) to the Commissioner of Police; and
(c) if the secretary to the Board has received from
any other person an objection in writing which
has not been withdrawn, and the address of that
person is known to the secretary, to that person.
(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.
3 of 1978, s. 4.
Advertisement of
application.
Action by Board
upon receipt of
application etc.
3 of 1978, s. 4.


LOTTERIES AND GAMING
[CH.387 – 27
[Original Service 2001]
STATUTE LAW OF THE BAHAMAS
37. (1) On any application for the grant of a licence
under this Act to manage premises, the Board may decide
to recommend the grant to the Minister without hearing
the applicant if no objection to the grant has been made
by any person, or if every such objection has been
withdrawn before the beginning of the meeting of the
Board at which the Board considers the application.
(2) Except as provided by subsection (1), on any such
application any of the following persons, that is to say —
(a) the applicant;
(b) any person from whom an objection in writing
which has not been withdrawn was received by
the secretary to the Board before the day on
which he sent to the applicant the notice
required by subsection (2) of section 36;
(c) the person making any other objection which the
Board have decided under section 39 that they
will hear,
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.
38. (1) Where a licence to carry on the business of
gaming has been granted under this Act in respect of any
premises, the Minister may in any special case, on the
application of the licensee, grant the transfer of that
licence to new premises for any period not exceeding six
months.
(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.
3 of 1978, s. 4.
Who may be
heard by the
Board.
Transfer of
licences.
18 of 1988, s. 2.


CH.387 – 28]
LOTTERIES AND GAMING
STATUTE LAW OF THE BAHAMAS
[Original Service 2001]
39. Where, in the case of an application for the grant
of a licence under this Act to manage premises, an
objection to the grant is received by the secretary to the
Board on or after the date referred to in paragraph (b) of
subsection (2) of section 37, the Board —
(a) may refuse to entertain the objection; or
(b) may entertain it, but unless the applicant
requests otherwise, shall not hear it until the
objector has given to the secretary and to the
applicant, and the applicant has had time to
consider, a brief statement in writing of the
grounds of the objection.
40. The Board may from time to time adjourn the
consideration of any application for the grant of a licence
under this Act to manage premises, whether for the
purposes of section 39 or for any other purpose.
41. On the consideration of any application for the
grant of a licence under this Act to manage premises the
Board may take evidence on oath and may make such
order as they think fit for the payment of costs —
(a) by the applicant to any person who made an
objection which was not withdrawn before the
date referred to in paragraph (b) of subsection
(2) of section 37; or
(b) by any such person to the applicant.
42. The Board may refuse to recommend the grant
of a licence under this Act to manage premises on the
ground that the applicant is not a fit and proper person to
be the holder of such a licence.
43. (1) A licence under this Act to manage premises
may be granted to an individual or to a company
incorporated under a law in force in The Bahamas.
(2) A licence under this Act to manage premises shall
not be granted —
(a) to any individual who —
(i) is under eighteen; or
(ii) is not resident in The Bahamas or was not
so resident throughout the period of ten
years immediately preceding the date on
which the application was made; or
3 of 1978, s. 4.
Late objections.
Adjournment.
3 of 1978, s. 4.
Evidence may be
taken on oath,
and costs.
3 of 1978, s. 4.
Ground for
recommending
refusal.
3 of 1978, s. 4.
Persons not to be
granted licences.
3 of 1978, s. 4.


LOTTERIES AND GAMING
[CH.387 – 29
[Original Service 2001]
STATUTE LAW OF THE BAHAMAS
(b) to any individual or to any company if the
Minister is satisfied that that individual or, as the
case may be, any director or officer of that
company, has ever been convicted, and has not
successfully appealed in respect of the
conviction, of an offence (whether in The
Bahamas or elsewhere) involving fraud or
dishonesty.
(3) In paragraph (b) of subsection (2) the expres-
sion —
‘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.
44. (1) As soon as may be after their consideration
of an application for the grant of a licence under this Act
to manage premises, the Board shall make a report in
writing to the Minister upon such application, and no
person other than the Minister shall be entitled to see the
report.
(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.
45. Every report made by the Board pursuant to
section 44 shall be considered by the Minister, who may,
subject to the provisions of this Act, in his discretion
grant the licence applied for or refuse it or grant it subject
to such restrictions or conditions (whether or not being
restrictions or conditions suggested by the Board) as he
may deem fit and every decision of the Minister under this
section shall be final.
Recommendatio–
ns by the Board.
3 of 1978, s. 4.
Decision by the
Minister.
3 of 1978, s. 4.


CH.387 – 30]
LOTTERIES AND GAMING
STATUTE LAW OF THE BAHAMAS
[Original Service 2001]
46. (1) A licence under this Act to manage premises
shall —
(a) state the name of the licensee:
(b) specify the premises;
(c) state the period of time for which it is to remain
in force;
(d) include as a condition of the licence that the
licensee authorises every bank (whether in The
Bahamas or elsewhere) at which he conducts an
account (whether directly or through any
nominee and whether or not jointly with any
other person) to make available at any time,
upon being so required by the Board, to the
Board or to any officer of the Board duly
authorised by the Board in that behalf, full
particulars of that account;
(e) if made subject to any restrictions or conditions
(other than a condition referred to in paragraph
(c) of this subsection) state those restrictions or
conditions; and
(f) in other respects be in such form as the Minister
may approve.
(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.
47. (1) The Minister may in writing at any time, after
consultation with the Board —
(a) on the application of the licensee, amend a
licence granted under this Act to manage
premises upon such terms and conditions as he
may think fit;
(b) subject to the provisions of subsection (2), cancel
a licence granted under this Act to manage
premises, in any case where —
(i) he is satisfied that the licence was obtained
as a result of any misleading, false or
fraudulent representation or in consequence
of any incorrect information (whether such
information was supplied wilfully or other-
wise); or
Contents of
licence.
3 of 1978, s. 4.
Amendment and
cancellation of
licences.
3 of 1978, s. 4.


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(ii) there has been a breach of any of the
restrictions or conditions imposed by the
Minister; or
(iii) he deems it expedient in the public interest
so to do.
(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.
48. (1) Where gaming to which this Part applies
takes place on any premises, then —
(a) if the gaming is sports betting, no person shall
participate in the sports betting —
(i) by means of a telephone or other
telecommunicative device; or
(ii) on behalf of another person; and
(b) if the gaming is other than sports betting, no
person shall participate in the gaming —
(i) if he is not present on the premises at the
time when the gaming takes place there; or
(ii) on behalf of another person who is not
present on the premises at that time.
(2) For the purposes of this section a person
participates in the gaming if —
(a) he takes part in the gaming as a player; or
(b) where the game involves playing or staking
against a bank, he holds the bank or has a share
or interest in it.
Who may
participate in
gaming to which
Part IV applies.
3 of 1978, s. 4.
27 of 1995, s. 3.


CH.387 – 32]
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[Original Service 2001]
49. (1) No gaming to which this Part applies shall
take place in circumstances where the aggregate amount or
value of the winnings in respect of any one game exceeds
the following amount or value, that is to say —
(a) where the game involves playing or staking
against a bank, the aggregate amount which, in
accordance with the rules of the game, the bank
is required to pay to players as winnings in
respect of that game; or
(b) in any other case the aggregate amount or value
of the stakes put down by players and lost in
playing that game.
(2) The provisions of subsection (1) do not apply to
sports betting.
50. No person —
(a) under eighteen; or
(b) who possesses or requires a permit to engage in
gainful occupation under the provisions of any
statute regulating immigration; or
(c) who —
(i) is the holder of a permanent residence
certificate granted under any statute
regulating immigration; or
(ii) is ordinarily resident in; or
(iii) is engaged in any business or profession,
or employed for gain, in; or
(iv) is in the employment of the Government
of The Bahamas;
or
(d) being the husband or wife of any such person as
is mentioned in paragraph (b) or (c) of this
section,
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
3 of 1978, s. 4.
Prohibition of
winning in excess
of losses.
27 of 1995, s. 4.
Persons
prohibited from
gaming.
3 of 1978, s. 4.


LOTTERIES AND GAMING
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there shall not be in contravention of the section if such
taking part in gaming is within the course of such
employment.
51. (1) Where the Minister is satisfied, after
consultation with the Board, that any person’s presence
on any premises in respect of which licences under this
Act are for the time being in force would be undesirable
in the public interest, he may by order declare that person
to be a prohibited gambler.
(2) Any person who —
(a) enters any premises in respect of which licences
under this Act are for the time being in force
after he has been declared to be a prohibited
gambler under subsection (1); or
(b) being the holder of a licence under this Act to
manage premises, knowingly permits a person
so declared to be a prohibited gambler to enter
or remain on the relevant premises,
shall be guilty of an offence.
52. (1) Where gaming to which this Part applies
takes place on premises in respect of which licences under
this Act are for the time being in force, no person shall in
pursuance of any service agreement be employed in any
capacity and perform any function in relation to such
capacity to which this subsection applies unless a
certificate has been issued by the Board, and is for the time
being in force, certifying that he has been approved by the
Board under this section for employment on those premises
in such capacity and in respect of the performance of such
function in relation to such capacity.
(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.
Power of
Minister to ban
certain persons
from gaming.
3 of 1978, s. 4.
Approval by
Board of certain
persons
connected with
gaming.
3 of 1978, s. 4.
Fourth Schedule.
Second Schedule.


CH.387 – 34]
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[Original Service 2001]
(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 —
(a) makes a statement which he knows to be false in
a material particular; or
(b) recklessly makes a statement which is false in
any material particular,
he shall be guilty of an offence and liable to a fine not
exceeding six hundred dollars.
53. (1) Where gaming to which this Part applies
takes place on premises in respect of which licences under
this Act are for the time being in force, no person shall be
employed in any capacity to which this subsection applies
unless a permit has been issued by the Board, and is for the
time being in force, stating that he has been approved by
the Board under this section for employment on those
premises in such capacity.
(2) Subsection (1) applies to the employment of any
person in any of the following capacities on the premises in
question —
(a) security officer:
(b) bartender:
(c) cocktail waitress:
(d) host or hostess;
(e) any other prescribed capacity.
Second Schedule.
Approval by
Board of permits
for certain
persons working
on licensed
premises.
3 of 1978, s. 4.


LOTTERIES AND GAMING
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(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 —
(a) makes a statement which he knows to be false in
a material particular; or
(b) recklessly makes a statement which is false in a
material particular,
he shall be guilty of an offence and liable to a fine not
exceeding six hundred dollars.
54. (1) No person shall, in pursuance of any service
agreement, be employed on any premises in respect of
which licences under this Act are for the time being in
force, in any capacity and perform any function in relation
to such capacity to which subsection (1) of section 52
applies unless such person has furnished the Board, at the
time of his application for the issue of a certificate of
approval, with a full set of his fingerprints taken in
accordance with the requirements of subsection (2) of this
section.
(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.
55. (1) Subject to subsection (2) of section 67, the
Minister may make regulations requiring the holder of a
licence under this Act to manage premises —
(a) to display, in such manner and in such position
on those premises as may be prescribed by the
regulations, the rules in accordance with which
any game is to be played on the premises, either
generally or in any particular circumstances;
Third Schedule.
Fingerprints
required from
certain
employees.
3 of 1978, s. 4.
Further powers to
regulate licensed
premises.
3 of 1978, s. 4.


CH.387 – 36]
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(b) to make, and to retain during such period as may
be prescribed by the regulations, such records as
may be so prescribed with respect to cheques
given in exchange for cash tokens to be used by
players in gaming on those premises, and to
provide such verification of those records as
may be so prescribed.
(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 —
(a) for securing that gaming on any premises in
respect of which licences under this Act are for
the time being in force is fairly and properly
conducted; or
(b) for preventing the use of any indirect means for
doing anything which, if done directly, would be
a contravention of this Part or of any regulations
made thereunder.
1(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 were
references to the Minister, service with the Board and such
employee respectively.
2(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.
1 Insertion of subsection (3) deemed to have come into operation on 1st June,
1970.
2 Insertion of subsection (4) deemed to have come into operation on 1st June,
1970.
21 of 1988, s. 2.
Ch. 43.
21 of 1988, s. 2.


LOTTERIES AND GAMING
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3(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.
4(6)In subsection (4) the expression “approved
authority” has the meaning assigned to it in the Pensions
Act.
56. (1) Subject to subsection (2), if any of the
provisions of sections 48 to 54, or of any regulations
made under subsection (1) or (2) of section 55, are
contravened in relation to any premises, being premises
in respect of which licences under this Act are for the
time being in force, the holder of the licence to manage the
premises shall be guilty of an offence.
(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 —
(a) that the contravention occurred without his
knowledge; and
(b) that he exercised all such care as was reasonable
in the circumstances to secure that the provisions
in question would not be contravened.
(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.
3 Insertion of subsection (5) deemed to have come into operation on 1st June,
1970.
4 Insertion of subsection (6) deemed to have come into operation on 1st June,
1970.
21 of 1988, s. 2.
21 of 1988, s. 2
Offences under
Part IV.
3 of 1978, s. 4.


CH.387 – 38]
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STATUTE LAW OF THE BAHAMAS
[Original Service 2001]
PART V
MISCELLANEOUS AND SUPPLEMENTARY
57. The secretary to the Board shall keep in the
prescribed form registers containing such particulars as
may be prescribed with respect to the grant and
cancellation of licences under this Act and to premises the
subject of such licences.
58. The Board shall permit any police officer, and
any other person on payment of such fee, if any, as may be
prescribed, to inspect at any reasonable time any register
kept by the Board under section 57.
59. (1) The Minister may, after consultation with the
chairman, give to the Board such directions of a general
character as to the policy to be followed by the Board in
the performance of their functions as appear to the Minister
to be necessary or desirable in the public interest, and the
Board shall give effect to such directions.
(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.
60. (1) The Board shall keep proper accounts and
other records in relation to the discharge of their functions
under this Act, and shall prepare annually a statement of
accounts in a form satisfactory to the Minister.
(2) The accounts of the Board shall be audited by
the Auditor.
(3) Three months after the end of each financial
year, or within such further time as may in special
circumstances be allowed by the Minister, the Board shall
send a statement of their accounts referred to in subsection
(1) to the Minister, together with a copy of any report made
by the Auditor on that statement or on the accounts.
61. (1) The Board shall within four months after the
end of each financial year, or within such further time as
may in special circumstances be allowed by the Minister,
cause to be made and transmit to the Minister a report
dealing generally with the activities of the Board during
that financial year.
Secretary to
Board to keep
registers, etc.
Inspection of
registers by
public, etc.
Power of
Minister to give
policy directions
and require
returns, etc.
Accounts of
Board and audit.
Annual report of
Board.


LOTTERIES AND GAMING
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(2) The Minister shall cause a copy of the report,
together with the annual statement of accounts and the
Auditor’s report thereon and on the accounts to be laid on
the Table of the House of Assembly and the Senate.
(3) Copies of the Board’s report, together with the
annual statement of accounts and the Auditor’s report on
that statement and on the accounts shall be published in
such manner as the Minister may direct, and shall be made
available to the public by the Minister at a reasonable
price.
62. (1) The Board shall appoint a secretary, and may
from time to time appoint such other officers including
inspectors, and servants as they may deem necessary or
expedient for the purpose of assisting the Board generally
in carrying out their functions under this Act, and the
Board shall specify in relation to each inspector appointed
by them the powers exercisable by such inspector pursuant
to section 63.
(2) The Governor-General, acting in accordance
with the advice of the Public Service Commission, may,
subject to such conditions as he may impose, approve of
the appointment of any public officer in the service of The
Bahamas by way of secondment to any office with the
Board, and any public officer so appointed shall, in relation
to pension, gratuity or other allowance and to other rights
and obligations as a public officer, be treated as continuing
in the service of the Government.
63. (1) An inspector, if so authorised by virtue of
section 62, and any police officer may at any reasonable
time enter any premises in respect of which licences
under this Act are for the time being in force, and, while
on any such premises, inspect the premises and any
machine or other equipment on the premises and any
document which constitutes a record or accounts required
by virtue of any regulations made under section 55 or 67 to
be made and retained in respect of those premises.
(2) An Inspector shall be furnished with a certificate
of appointment in the prescribed form and, on entering any
premises and while on any such premises pursuant to the
provisions of this Act, he shall, if required to do so,
produce the said certificate.
Appointment of
officers, etc.
1 of 1971, s. 9;
E.L.A.O., 1974.
Powers and
duties of
inspectors, etc.
3 of 1978, s. 5.
1 of 1981, s. 10.


CH.387 – 40]
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STATUTE LAW OF THE BAHAMAS
[Original Service 2001]
(3) The person in charge of any premises entered by
an inspector or a police officer pursuant to subsection (1),
and every person found therein, shall give the inspector or
police officer, as the case may be, all reasonable assistance
in their power and shall furnish them with such information
as they may reasonably require.
(4) If any person, being the holder of a licence under
this Act to manage premises, or a person acting on behalf of,
and with the consent of, the holder of such a licence —
(a) fails without reasonable excuse to admit an
inspector or police officer who demands
admission to the premises in pursuance of
subsection (1); or
(b) on being required by an inspector or police
officer to do so, fails without reasonable excuse
to permit the inspector or police officer to
inspect the premises or any machine or other
equipment on the premises; or
(c) on being required by an inspector or police
officer to produce any such document as is
mentioned in that subsection which is in his
possession or under his control, fails without
reasonable excuse to produce it to the inspector
or police officer; or
(d) on being required by an inspector to furnish any
information relating to the premises which is
reasonably required by the Board for the
purpose of the performance of their functions,
fails without reasonable excuse to furnish that
information to the inspector.
the holder of the licence shall be guilty of an offence.
(5) If, on information on oath with respect to any
premises, a magistrate is satisfied that there are reasonable
grounds for suspecting that an offence under this Act has
been, is being or is about to be committed on those
premises, he may issue a warrant in writing authorising any
police officer, with or without one or more inspectors, to
enter the premises, if necessary by force, at any time within
fourteen days after the time of the issue of the
warrant and to search the premises.
(6) Any police officer who enters any premises
under the authority of a warrant issued under subsection (5)
may —
3 of 1978, s. 4.


LOTTERIES AND GAMING
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STATUTE LAW OF THE BAHAMAS
(a) seize and remove any document, money or
valuable thing, instrument or other thing
whatsoever found on the premises which he has
reasonable cause to believe may be required as
evidence for the purpose of proceedings in
respect of an offence under this Act; and
(b) arrest and search any person found on the
premises whom he has reasonable cause to
believe to be committing or to have committed
any such offence.
(7) In the case of any premises in respect of which a
licence under this Act to manage such premises is for the
time being in force, the Board or the Commissioner of
Police may require the holder of the licence at any
reasonable time to produce to the Board, or, as the case
may be, to the Commissioner any records or accounts
which such holder is required to make and retain in
pursuance of regulations made under section 55 or 67, or
copies of any such records or accounts; and if without
reasonable excuse any such requirement is not complied
with, the holder of the licence shall be guilty of an offence.
(8) Any person guilty of an offence under this
section shall be liable to a fine not exceeding three hundred
dollars.
63A. (1) Subject to subsections (2) and (3), the
Board or any officer, employee, agent or adviser of the
Board who discloses any information relating to —
(a) the affairs of the Board;
(b) any application made to the Board;
(c) the affairs of a licensee; or
(d) the affairs of a customer or client of a licensee,
that it or he has acquired in the course of its or his duties or
in the exercise of the Board’s functions under this or any
other law, is guilty of an offence and shall be liable on
summary conviction to a fine not exceeding fifty thousand
dollars or to imprisonment for a term not exceeding three
years.
(2) Subsection (1) shall not apply to a disclosure —
(a) lawfully required or permitted by any court of
competent jurisdiction within The Bahamas;
3 of 1978, s. 5.
Confidentiality.
14 of 2001, s. 2.


CH.387 – 42]
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(b) for the purpose of assisting the Board to exercise
any functions conferred on it by this Act, by any
other Act or by regulations made thereunder;
(c) in respect of the affairs of a licensee or of a
customer or client of a licensee, with the consent
of the licensee, customer or client, as the case
may be, which consent has been voluntarily
given;
(d) where the information disclosed is or has been
available to the public from any other source;
(e) where the information disclosed is in a manner
that does not enable the identity of any licensee
or of any customer or client of the licensee to
which the information relates to be ascertained;
(f) to a person with a view to the institution of, or
for the purpose of —
(i) criminal proceedings;
(ii) disciplinary proceedings, whether within
or outside The Bahamas, relating to the
exercise by a counsel and attorney,
auditor, accountant, valuer or actuary of
his professional duties;
(iii) disciplinary proceedings relating to the
discharge by a public officer, or a member
or employee of the Board of his duties; or
(g) in any legal proceedings in connection with —
(i) the winding-up or dissolution of a
licensee; or
(ii) the appointment or duties of a receiver of a
licensee.
(3) Subject to subsection (6), the Board may
disclose to any overseas regulatory authority information
necessary to enable that authority to exercise regulatory
functions including the conduct of civil or administrative
investigations and proceedings to enforce laws, regulations
and rules administered by that authority.
(4) In deciding whether or not to exercise its power
under subsection (3), the Board may take into account —
(a) whether the inquiries relate to the possible
breach of a law or the requirement which has no
close parallel in The Bahamas or involve the
assertion of a jurisdiction not recognised by The
Bahamas; and


LOTTERIES AND GAMING
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STATUTE LAW OF THE BAHAMAS
(b) the seriousness of the matter to which the
inquiries relate and the importance to the
inquiries of the information sought in The
Bahamas.
(5) The Board may decline to exercise its powers
under subsection (3) unless the overseas regulatory authority
undertakes to make such contribution towards the cost of the
exercise as the Board considers appropriate.
(6) Nothing in subsection (3) authorises a
disclosure by the Board unless —
(a) the Board has satisfied itself that the intended
recipient authority is subject to adequate legal
restrictions on further disclosures which shall
include the provision of an undertaking of
confidentiality; or
(b) the Board has been given an undertaking by the
recipient authority not to disclose the information
provided without the consent of the Board; and
(c) the Board is satisfied that the assistance requested
by the overseas regulatory authority is required
for the purpose of the overseas regulatory
authority’s regulatory functions including the
conduct of civil or administrative investigations
or proceedings to enforce laws, regulations and
rules administered by that authority; and
(d) the Board is satisfied that information provided
following the exercise of its power under
subsection (3) will not be used in criminal
proceedings against the person providing the
information.
(7) Where in the opinion of the Board it appears
necessary in relation to any request for assistance received
from an overseas regulatory authority to invoke the
jurisdiction of a Stipendiary and Circuit Magistrate in
obtaining information requested by the overseas regulatory
authority, the Registrar shall immediately notify the
Attorney-General with particulars of the request, and shall
send him copies of all documents relating to the request, and
the Attorney-General shall be entitled, in a manner
analogous to amicus curiae, to appear or take part in any
proceedings in The Bahamas, or in any appeal from such
proceedings, arising directly or indirectly form any such
request.
(8) The Board may cooperate with any other
regulatory authority in The Bahamas, including, by sharing
15 of 2007, s. 2.


CH.387 – 44]
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information that it has acquired in the course of its duties or
in the exercise of its functions under this or any other law
where it considers such cooperation or information may be
relevant to the functions of such other regulatory authority
or as a necessary part of a framework for consolidated
supervision, oversight or regulation of the financial services
sector.
(9) In this section “overseas regulatory authority”
means an authority which, in a country or territory outside
The Bahamas, exercises functions corresponding to any
functions of the Board.
63B. In the exercise of its functions under this Act
the Board shall satisfy itself that the provisions of the
Financial Transactions Reporting Act are being complied
with.
64. (1) An inspector may at any reasonable time
enter any premises in respect of which licences under this
Act are for the time being in force and may seize and
remove from such premises any equipment or supplies
found on the premises for the purpose of examination and
inspection, and may examine and inspect any such
equipment or supplies apart from such premises.
(2) Any person who —
(a) fails without reasonable excuse to admit an
inspector who demands admission to any
premises in pursuance of subsection (1); or
(b) hinders, obstructs or interferes with an inspector
acting in the exercise of his duties under the said
subsection (1),
shall be guilty of an offence and liable to a fine not
exceeding three hundred dollars.
65. If any police officer or inspector has reasonable
cause to suspect that any person has committed an offence
under this Act and it appears to him to be necessary to arrest
such person immediately in order that the ends of justice for
the purposes of this Act may not be defeated, he may arrest
such person without a warrant.
66. An inspector shall, while on duty in the capacity
of an inspector, have, exercise and enjoy all the powers,
authority, privileges and immunities and perform all the
duties and have all the responsibilities of a police officer
under this Act or any regulations made thereunder.
Duty of the
Board.
14 of 2001, s. 2.
Ch. 368.
Power of
inspector to
remove
equipment from
premises.
1 of 1971, s. 11;
3 of 1978, s. 6.
Power of arrest
without warrant.
1 of 1971, s. 11.
Inspectors to have
powers, etc. of
police officers.
1 of 1971, s. 11.


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67. (1) The Minister may make regulations for
carrying into effect the provisions of this Act, and in
particular but without prejudice to the generality of the
foregoing may make regulations —
(a) Providing for the cards, tokens or other articles
to be used in gaming, and for the supply or the
inspection by the Board of such cards, tokens or
articles as aforesaid;
(b) prescribing the records to be kept by the holders
of licences under this Act;
(c) prescribing the accounts to be kept by the
holders of licences under this Act and
requirements for the audit of such accounts;
(d) Providing for the supply to the Board of
information regarding premises licensed under
this Act and the activities of any person upon
such premises;
(e) with respect to the stationing of inspectors or
other officers of the Board upon premises
licensed under this Act, and the functions of
such officers;
(f) prescribing maximum stakes which may be
permitted in any gaming at premises licensed
under this Act;
(g) for verifying and checking the amount of the
takings on any day or during any period at
premises licensed under this Act;
(h) prescribing the conditions and rules in
accordance with which any game is to be played
or any sports betting is to be conducted, on
premises licensed under this Act either generally
or in any particular circumstances;
(i) declaring any area on premises licensed under
this Act to be a restricted area;
(j) regulating and restricting the admission of
persons on premises licensed under this Act;
(k) regulating and controlling the importation into
The Bahamas of gaming machines and
equipment;
(l) for any purposes for which regulations are
authorised or required to be made under this
Act;
1 of 1971, s. 12.
Regulations.
27 of 1995, s. 5.


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(m) prescribing anything authorised or required by
this Act to be prescribed;
(n) prescribing offences under the regulations.
(2) The Minister shall not make any regulations
under this Act except after consultation with the Board.
68. The keeping of any premises by the lessee,
tenant or occupier thereof, or by any person for whose acts
the lessee, tenant or occupier is responsible, for the conduct
of gaming, or the use of any premises by any such person
as aforesaid for the conduct of a lottery, in such
circumstances that such gaming or such lottery is unlawful
under the provisions of this Act, shall entitle the owner or
lessor of such premises, as the case may be, to terminate
the lease, tenancy or agreement under which the premises
are held.
69. Where an offence under this Act committed by a
body corporate is proved to have been committed with the
consent or connivance of, or to be attributable to any
neglect on the part of, any director, manager, secretary of
other similar officer of the body corporate or any person
who was purporting to act in any such capacity, he as well
as the body corporate shall be guilty of that offence and
shall be liable to be proceeded against and punished
accordingly.
70. Any person who is guilty of an offence under
this Act or any regulations thereunder for which no penalty
is provided elsewhere in this Act or in the regulations shall
be liable to a fine not exceeding three hundred dollars and
in default of payment thereof to imprisonment for a term
not exceeding twelve months.
71. All offences against this Act or any regulation
thereunder for which no other mode of trial is specifically
provided shall be tried summarily.
72. The court by or before which a person is convicted
of an offence under this Act may order anything produced to
the court, and shown to the satisfaction of the court to relate
to the offence, to be forfeited and either destroyed or dealt
with in such other manner as the court may order.
Liability of
lessees, tenants,
etc.
Offences by
bodies corporate.
Penalties.
Mode of trial.
Forfeiture.


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73. Any notice or other document required by any
provision of this Act to be served on any person, or to be
given or sent to any person, may be served, given or sent —
(a) by delivering it to him; or
(b) by sending it by post to him to his usual or last
known residence or place or business in The
Bahamas; or
(c) in the case of a body corporate, by delivering it
to the secretary or clerk of the body corporate at
its registered or principal office or sending it by
post to the secretary or clerk of that body
corporate at that office.
74. (1) All expenses incurred by the Minister under
this Act, together with —
(a) any expenses incurred by the Board under
paragraph 5 of the First Schedule; and
(b) to such amount as the Minister with the consent
of the Minister of Finance may approve, any
other expenses incurred by the Board,
shall be defrayed out of moneys provided by Parliament.
(2) The following fees shall be charged under this
Act, that is to say —
(a) in respect of the issue or renewal of a certificate
of approval under Part I of the Second Schedule,
a fee of fifteen dollars;
(b) in respect of the issue or renewal of a permit
under the Third Schedule, a fee of ten dollars.
(3) The Minister may by order direct that any
provision of subsection (2) which is specified in the order
shall have effect as if, for any reference in that provision to
a sum so specified, there were substituted a reference to
such other sum as may be so specified.
75. (1) The Minister may for the purpose of the due
discharge of any function to which this section applies,
delegate that function by instrument in writing to any
public officer and any such delegation —
(a) may be made subject to such terms and
conditions as the Minister thinks fit;
(b) while in force shall not prevent the discharge by
the Minister of the function thereby delegated;
and
(c) may at any time be revoked by the Minister.
Service of
documents.
Financial
provisions.
First Schedule.
1 of 1971, s. 73;
3 of 1978, s. 7.
Second Schedule.
Third Schedule.
Delegation of
certain functions
by Minister.


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(2) The functions to which this section applies are
functions conferred on the Minister by subsection (3) of
section 14, paragraph (g) of subsection (2) of section 15,
subparagraph (i) of paragraph (a) of subsection (1) of
section 16, subsection (2) of section 26 and subsection (3)
of section 29.
FIRST SCHEDULE (Section 32(2))
PROVISIONS AS TO THE GAMING BOARD
1. The Gaming Board for The Bahamas shall by that name be
a body corporate with perpetual succession and a common seal.
2. The Board shall consist of a chairman and two other
members appointed by the Minister, and they shall hold and vacate
office as such in accordance with the terms of their appointments.
3. A person who ceases to hold office as a member of the
Board, or ceases to hold office as chairman, shall be eligible for
reappointment.
4. The Minister shall pay to the members of the Board such
remuneration and allowances as, with the consent of the
Minister of Finance, he may determine.
5. The Board shall pay to their officers and servants such
remuneration and allowances as, after consultation with the
Minister and with the consent of the Minister of Finance, the
Board may determine.
6. Subject to the provisions of the Second Schedule, the
Board shall have power to regulate their own procedure.
7. The validity of any proceedings of the Board shall not be
affected by any vacancy among the members of the Board or by any
defect in the appointment of any such member.


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SECOND SCHEDULE (Section 52(3))
PROCEDURE FOR APPROVAL BY BOARD
PART I
ISSUE, RENEWAL AND REVOCATION OF CERTIFICATE
OF APPROVAL
Issue and Renewal of Certificate
1. Any person may apply to the Board for the issue or
renewal in respect of him of a certificate under section 52
certifying that, in relation to premises specified in the certificate,
he has been approved by the Board under that section for acting
in relation to those premises in a capacity and in respect of the
performance of the functions relating to such capacity to which
subsection (1) of that section applies which are specified in the
certificate.
2. Any such application shall specify the premises, and the
capacity to which subsection (1) of section 52 applies, in respect
of which the certificate is required.
3. In determining whether to issue or renew a certificate on
any such application the Board shall have regard only to the
question whether, in relation to the premises specified in the
application, the applicant is a fit and proper person to act in the
capacity so specified and to perform the functions relating to
such capacity.
4. Subject to the following provisions of this Schedule any
such certificate issued by the Board, if not renewed, and any
such certificate renewed by the Board, if not again renewed,
shall cease to be in force after the 31st day of December next
following the date of issue or renewal.
5. The Board may at any time revoke any such certificate if
it appears to the Board that, in relation to the premises specified
in the certificate, the person to whom the certificate relates is not
a fit and proper person to act in the capacity so specified and to
perform the functions relating to such capacity.
6. Where the Board determine to revoke any such certificate,
they shall serve a notice on the person to whom it relates stating
that (subject to any appeal against revocation) the certificate is
revoked as from the end of the period of twenty-one days after the
date of service of the notice; and, subject to the following
provisions of this Schedule, the revocation shall take effect at the
end of that period.
1 of 1971, s. 14.;
2 of 1972, s. 4.; 3
of 1988, s. 8. s. 8.


CH.387 – 50]
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Appeal against Refusal or Revocation of Certificate
7. (1) Where on an application under this Schedule the
Board refuse to issue or renew a certificate, the applicant may,
by notice in writing to the Minister, appeal to the Minister
against the decision of the Board.
(2)
Where the Board serve a notice on any person under
paragraph 6 of this Schedule, he may by notice in writing to the
Minister appeal to the Minister against the decision of the Board
to revoke the certificate.
8. Before determining any appeal under this Schedule with
respect to a decision of the Board, the Minister shall afford to
the appellant and to the Board an opportunity of submitting to
him representations in writing with respect to that decision, and
may also, if he thinks fit, and either the appellant or the Board so
desire, afford to each of them an opportunity of appearing before
and being heard by, a person appointed by the Minister for the
purpose; and the Minister, in determining the appeal, shall take
into account any such representations and the report of the
person (if any) so appointed.
Payment of Fees
9. Notwithstanding anything in the preceding provisions of
this Schedule, the Board shall not issue or renew a certificate of
approval under section 52 except on payment by the applicant to
the secretary to the Board of the fee chargeable in accordance
with section 74.
PART II
PENDING APPLICATIONS AND APPEALS
10. Where a person applies to the Board for a certificate
under section 52, and at the time of that application a certificate
issued by the Board in respect of him (whether in relation to the
same premises or not) is in force, the application shall, until it is
determined by the Board have the same effect for the purposes
of that section as if it were a certificate issued by the Board and
for the time being in force, certifying that, in relation to the
premises specified in the application, he has been approved by
the Board for acting in the capacity specified in the application
and for performing the functions relating to such capacity.
11. Where by virtue of paragraph 10 an application has
effect as mentioned in that paragraph, and the Board refuse to
issue a certificate on that application and the applicant appeals to
the Minister against the decision of the Board, that appeal shall,
until it is determined by the Minister or abandoned, have the
effect specified in paragraph 10.
2 of 1972, s. 4.


LOTTERIES AND GAMING
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12. Where a notice of appeal is served on the Minister
under subparagraph (2) of paragraph 7 of this Schedule, the
person serving the notice of appeal shall be suspended from
acting in the capacity and performing the functions in relation to
such capacity to which the certificate relates, until the appeal is
determined by the Minister.
THIRD SCHEDULE (Section 53)
ISSUE, RENEWAL, AND REVOCATION OF PERMITS
Issue and Renewal of Permit
1. Any person may apply to the Board for the issue or
renewal in respect of him of a permit stating that, in relation to
the premises specified in the permit, he has been approved by
the Board for employment on those premises in the capacity
specified in the permit.
2. Any such application shall specify the premises and the
capacity such as is specified or referred to in subsection (2) of
section 53 in respect of which the permit is required.
3. In determining whether to issue or renew a permit on any
such application, the Board shall have regard only to the
question whether, in relation to the premises specified in the
application, the applicant is a fit and proper person to be
employed in the capacity so specified.
4. Subject to the following provisions of this Schedule, any
such permit issued by the Board, if not renewed, and any such
permit renewed by the Board, if not again renewed, shall cease
to be in force after the 31st day of December next following the
date of issue or renewal.
Revocation of Permit
5. The Board may at any time revoke any such permit if it
appears to the Board that, in relation to the premises specified in
the permit, the person to whom the permit relates is not a fit and
proper person to be employed in the capacity so specified, and
such revocation shall be final and shall not be the subject of any
appeal.
6. Where the Board determine to revoke any such permit,
they shall serve a notice on the person to whom it relates stating
that the permit is revoked as from the end of the period of
twenty-one days after the date of service of the notice.
1 of 1971, s. 15.


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Payment of Fees
7. Notwithstanding anything in the preceding provisions of
this Schedule, the Board shall not issue or renew a permit under
section 53 except on payment by the applicant to the secretary to
the Board of the fee chargeable in accordance with section 74.
FOURTH SCHEDULE (Section 53)
CAPACITIES AND FUNCTIONS IN RESPECT OF WHICH A
CERTIFICATE OF APPROVAL IS REQUIRED
(a) Accountant — that is to say, a person who records
cash, cheques, markers, IOU’s, chips and tokens used in the
gaming, and who may, from time to time, perform such other
duties as are normally undertaken by an accountant provided
that such duties are directly connected with the gaming activities
of the licensee;
(b) Assistant Casino Manager — that is to say, a person
who watches the gaming and the performance of cashiers,
croupiers, inspectors, and supervisors in the course of their
duties, and who may record the details of, and transmit cash,
cheques, markers, IOU’s, chips and tokens used in the gaming
and who may, with the prior approval of the Board, perform the
functions of the Casino Manager in his absence;
(c) Assistant Director of Security — that is to say, a
person who watches the gaming and the performance by any
person pursuing any service agreement of any functions which
such person is permitted to perform. Such person may perform
such other duties as are specified in the written security
instructions issued by the licensee, and notified to the Board. He
may also, with the prior approval of the Board, perform the
functions of the Director of Security in his absence;
(d) Cashier — that is to say, a person who may assist the
gaming by handling any apparatus, markers, dice, chips, tokens
or other articles used in the gaming, and who may issue, receive
and record cash, cheques, markers, IOU’s, chips or tokens used
in the gaming, provided that he performs his duties only in the
cashier’s office;
(e) Casino Manager — that is to say, the person who is in
actual and effective control of all persons pursuing any service
agreement of any functions which such person is permitted to
perform and who may record the details of, and transmit cash,
cheques, markers, IOU’s, chips and tokens used in the gaming;
2 of 1972, s. 5.


LOTTERIES AND GAMING
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(f)
Change Booth Operator — that is to say, a person
who issues, receives, transmits, exchanges or records cash, chips
or tokens used in the gaming on the slot machines, provided that
such person shall perform his duties only in the money-change
booth where he is on duty;
(g) Change Girl — that is to say, a person who issues,
receives, transmits, exchanges and records cash, chips and
tokens used in the gaming on the slot machines, provided that
such person shall in the performance of her duties, only be
directly concerned with players at the slot machines;
(h) Company Official — that is to say, a person who is a
director, secretary, shareholder or other official of the company
(where the licensee is a company), and who may watch the
gaming or performance by any person in pursuance of any
service agreement of any functions which such person is
permitted to perform, and who may record the details of, and
transmit cash, cheques, markers, IOU’s, chips and tokens used in
the gaming;
(i) Croupier — that is to say, a person who takes part in the
gaming as a player, handles apparatus, cards, tokens and other
articles used in the gaming at the gaming tables and who may
receive cash and issue chips and tokens used in the gaming at
the gaming tables where he is on duty;
(j) Director of Security — that is to say, a person who
watches the gaming and the performance by any person pursuing
any service agreement of any functions which such person is
permitted to perform. Such person may perform such other
duties as are specified in the written security instructions issued
by the licensee and notified to the Board;
(k) Inspector — that is to say, a person who watches the
gaming and the performance of croupiers in the course of their
duties and who may receive or record cash, markers, IOU’s,
chips and tokens used in the gaming at the gaming tables where
he is on duty, and who may transmit markers, IOU’s, chips and
tokens used in the gaming between the cashier’s office and the
gaming tables. Such person may also transmit and exchange
chips and tokens between the money-change booths and the
gaming tables where he is on duty. An inspector watching the
gaming on slot machines may also transmit coins used in the
gaming on slot machines between the cashier’s office and the
money-change booths, and may count and record the cash won
or lost in the gaming on the slot machines if the cash is held in
the money-change booths, or in the cashier’s office;
(l) Office Assistant — that is to say, a person who records
the details of cash, cheques, markers, IOU’s, chips and tokens
used in the gaming, and who may perform such other duties as
are specified in written instructions issued by the licensee and
notified to the Board;


CH.387 – 54]
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(m) Office Manager/Credit Manager — that is to say, a
person who records the details of cash, cheques, markers, IOU’s,
chips and tokens used in the gaming, and who may perform such
other supervisory duties in relation to the gaming and in relation
to persons employed in pursuance of service agreements, within
the cashier’s office, or in the offices adjacent thereto;
(n) Security Supervisor — that is to say, a person who
watches the gaming and the performance by any person pursuing
any service agreement of any functions which such person is
permitted to perform and who may record the details of, and
transmit cash, cheques, markers, IOU’s, chips and tokens used in
the gaming. Such person may also perform such other duties as
are specified in the written security instructions issued by the
licensee, and notified to the Board;
(o) Supervisor — that is to say, a person who watches
the gaming and the performance of croupiers and inspectors in
the course of their duties and who may record the details of, and
transmit between the cashier’s office and the gaming tables,
cheques, markers, IOU’s, chips and tokens used in the gaming;
(p) Sports Book Manager — that is to say, a person who
monitors the licensee’s sports betting activities, sets sports
betting odds, makes recommendations in respect of the hiring of
persons to participate in, and the dismissal of persons
participating in, the licensee’s sports betting activities, and who
enters sports betting results into a computer;
(q) Sports Book Shift Manager — that is to say, a person
who is responsible, during a shift, for the operation of the
licensee’s sports betting activities, who directs and supervises
persons employed by the licensee to participate in sports betting,
and who verifies and enters sports betting results into a
computer;
(r) Sports Book Writer/Cashier — that is to say, a person who,
in respect of the licensee’s sports betting activities, inputs wagers
into a computer terminal for the issuance of tickets, makes
payments in respect of winning tickets, and operates writer/ cashier
computer terminals.
27 of 1995, s. 6.
27 of 1995, s. 6.
27 of 1995, s. 6.