It is unlawful for any person to promote a lottery except in particular circumstances. One of the categories of lawful lotteries is exempt lotteries.
There are four types of exempt lotteries:
At its simplest, the following factors will constitute a lottery:
The Act does not define a "society". Usually it will be a club or some voluntary organisation which raises part of its funds by way of holding small lotteries. "Society" includes any branch of such a society.
The society must be established and conducted
A society may provide a benefit to one or more individuals provided it has been established for charitable purposes or in connection with sporting, athletic or cultural activities.
The proceeds of any lottery must be devoted to the purposes of the society.
A lottery is a 'small lottery' if
Tickets must provide the following information:
If the lottery is being conducted on-line, the ticket requirements are complied with provided that an electronic message containing the above information can be retained by the purchaser and printed.
Any society wishing to promote a small society lottery must be registered throughout the period of promotion with Clackmannanshire Licensing Board if the principal premises of the society are situated within Clackmannanshire.
Any society wishing to register with the Clackmannanshire Licensing Board should use the prescribed application form which can be downloaded from the website.
Applications forms are also available from the address noted at the bottom of this page.
The initial registration fee payable with the application is £40.00.
An annual fee of £20.00 is payable for every subsequent year that a society wishes to remain registered.
The Licensing Board will not refuse an application for registration without giving the applicant an opportunity to make representations.
If the Board is minded to refuse a registration, the Licensing Administrator will write to the applicant explaining the reasons why it is minded to refuse registration and the evidence which has led to its view.
Following representations, the Board will inform the applicant whether it wishes to hold a formal hearing or whether it can determine the matter on the basis of correspondence.
In cases of complexity involving a dispute as to the facts or there are circumstances which cause the Board to consider that the matter can only be satisfactorily resolved by a formal hearing, the Board will fix a hearing. The applicant and an agent may appear at any hearing and will have a full opportunity to make representations and provide evidence in support of those representations. The applicant may be subject to questioning from the Chief Constable's representative and/or members of the Board.
If the Licensing Board refuses an application, the applicant may appeal the decision to Scottish Courts.
Statements will be available for inspection by the public between 9 am and 5pm at Greenfield, Tullibody Road, Alloa on payment of a fee of £40.00 for initial registration and thereafter £20.00 for annual renewal. Members of the public wishing to inspect small lottery statements should contact the Licensing Administrator.
Statements will also be posted on this website and may be viewed by members of the public and downloaded.
Societies participating in the promotion of lotteries should bear in mind that participation in a lottery is a form of gambling and societies must conduct their lotteries in a socially responsible manner and in accordance with The Gambling Act 2005.
Societies should ensure that all persons selling lottery tickets on behalf of the society are aware of this provision and should have in place procedures to check the age of potentially underage purchasers of lottery tickets and for taking action where there are unlawful attempts to purchase tickets.
Services to Communities, Community & Regulatory
Kilncraigs, Greenside Street, Alloa, FK10 1EB
Tel: 01259 452093/ 450000