Persons eligible to hold gaming permits, approval of
51 Persons eligible to hold gaming permits, approval of
Subject to this Act, any person may apply to the Commission for his or its approval by the Commission as a person eligible to be the holder of a gaming permit.
The Commission shall not approve a person as eligible to hold a permit unless —
where the applicant comprises a body of persons, corporate or unincorporate, an individual approved by the Commission is appointed by and on behalf of that body to be responsible for the conduct of the gaming as nominee permit holder; and
the Commission is satisfied —
that the applicant is, or is concerned in the administration of and makes the application on behalf of, a club, society, institution, organisation, association or other body of persons being a body which, subject to section 81(2), section 95(2) and section 104, has as the principal object of the proposed gaming the raising of moneys in good faith for the active promotion, support or conduct of any sporting, social, political, literary, artistic, scientific, benevolent, charitable or other like activity detailed in the application; and
that the gaming is not to be promoted or otherwise conducted for the purposes of private gain or any commercial undertaking; and
the proceeds of the gaming, after deduction of proper expenses and of prizes, are to be used for the benefit of the activities detailed in the application.
Where an individual is, from time to time, appointed as the nominee permit holder on behalf of a body of persons for the purposes of this section —
that individual shall be primarily responsible for the conduct of the gaming to which the permit relates and where an element of an offence under this Act is an act or omission on the part of that body of persons the nominee may be charged with the offence; and
that individual is entitled to be indemnified by the body of persons by which he was appointed as nominee in respect of any penalty imposed under this Act.
Where a person is approved as eligible to hold a permit —
a permit may be issued to that person, but shall where the applicant comprises a body of persons be issued to a person who is an approved nominee; and
the Commission, or in a case to which section 52(a) refers the magistrate, shall cause to be specified on the permit —
the name of that person and of any body for which he is the nominee permit holder; and
the date of the issue, and the duration, of the permit and where it is a function permit, the nature of the function; and
particulars of the premises where the gaming is to be conducted; and
the kind of gaming authorised by the permit,
and
where the application relates to a permit of a continuing nature, such other particulars as may be prescribed or as the Commission thinks fit, shall be endorsed on the permit,
and particulars of any conditions imposed, other than implied or prescribed conditions, shall be endorsed on or annexed to the permit and the Commission or that magistrate shall cause the relevant particulars to be noted in the register.
[Section 51 amended: No. 24 of 1998 s. 51; No. 35 of 2003 s. 167; No. 84 of 2004 s. 80.]
This provision refers to the regulations (prescribed conditions
). Made under this Act:
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