Other Exempt Lotteries
None of the other types of exempt lotteries require any form of licence or registration with the licensing authority. They are included here for the information and guidance of the public and those who may be considering the promotion of any of these types of lottery.
Incidental Non-Commercial Lotteries
A lottery of this type is exempt and lawful if it is incidental to a non-commercial event and complies with the undernoted conditions.
What is a non-commercial event?
An event is non-commercial if no sum raised by the organiser of the event (whether in the form of entrance fees, participation fees, sponsorship, trader's commission or otherwise) is used for the purpose of private gain. Accordingly, all the proceeds of the event must be devoted to the purpose for which the event is held.
Examples may include a lottery held at a school fete or a social event such as a dinner dance.
Fundraising social events with an entrance fee will be regarded as non-commercial if the profits are used for the purposes of a society but would be commercial if the profits were retained by the organiser.
Conditions applicable to incidental non-commercial lotteries
- The lottery promoters must not deduct more than £500 from the proceeds for prizes. This does not necessarily mean that only prizes to an aggregate value of £500 can be given. Prizes to a greater value could be given if, for example, the balance of the cost in excess of £500 was donated.
- The lottery promoters must not deduct more than £100 from the proceeds in respect of other expenses, eg cost of printing tickets or hire of equipment.
- Roll-overs are not permitted.
- Tickets can only be sold at the premises during the event and the result must be announced during the event.
Private Lotteries
These can take the form of a private society lottery, a work lottery or a residents' lottery.
No roll-overs are permitted.
Private Society Lottery
- Lotteries of this type can only be promoted by authorised members of a society. The members promoting the lottery must have written authority from the society or its governing body.
- Tickets can only be sold to other members of the same society or to persons on the society premises.
- The society or group must be established or conducted for purposes other than gambling. Examples might be a sports club or a working men's club. Guests cannot participate.
- Branches or sections of a society may hold separate private society lotteries.
- A private society lottery may be promoted for any of the purposes for which the society is conducted.
Work Lottery
- A lottery of this type can be promoted by promoters who work on a single work premises.
- Each person to whom a ticket is sold or supplied must also work on the work premises.
- The lottery cannot be run for profit.
- All proceeds must be used for prizes or reasonable expenses incurred in organising the lottery. An example of a work lottery would be a Grand National sweepstake or a similar event.
- A work lottery must be organised in such a way as to ensure that no profits are made.
Residents' Lottery
- The promoters must live in a single set of premises.
- Each person to whom a ticket is sold or supplied must also live in the same residential premises. A person is regarded as living in residential premises if he/she habitually resides in any part of the premises.
- A residents' lottery must be organised in such a way as to ensure that no profits are made.
General conditions
The following conditions apply to all types of private lotteries:
- Each ticket in a private lottery must be a document.
- A ticket may be sold or supplied only by or on behalf of the promoters.
- The rights conferred by sale or supply of the ticket in a private lottery are not transferable.
- Each ticket in a private lottery must state the name and the address of each of the promoters; must specify the class of persons to whom the promoters are willing to sell/supply tickets and must explain that rights are non-transferable.
- The price payable for each ticket in a private lottery must be the same; must be shown on the ticket and must be paid to the promoters before any person is given a ticket.
Advertising
- Private Society Lottery
- The advertisement for a private society lottery must only be displayed or distributed on the society premises.
- Work Lottery
- Advertisements for a work lottery can only be displayed or distributed on the work premises.
- Residents' Lottery
- An advertisement for a residents' lottery can only be displayed or distributed on the residential premises.
Customer Lotteries
- Customer lotteries can be promoted by occupiers of business premises.
- Tickets can only be sold to customers whilst on the business premises.
- A customer lottery must be organised so that it does not make a profit.
- No advertisement of a customer lottery is permitted except on the business premises.
- Each ticket must be a document.
- A ticket can only be sold/supplied by/on behalf of the promoter.
- The ticket is not transferable.
- Each ticket must state the name/address of the promoter, specify the class of persons to whom tickets may be sold/supplied, explain that the ticket is non-transferable.
- The price of all tickets must be the same, be shown on the ticket, and must be paid before the ticket is handed over.
- The maximum prize is £50.00.
- Roll-overs are not permitted.
- There must be at least 7 days between draws.
Publications & Documents
See also
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Contact information
For further information about this page please contact:
Services to Communities, Community & Regulatory
Kilncraigs, Greenside Street, Alloa, FK10 1EB
Tel: 01259 452093 / 450000
Email: licensing@clacks.gov.uk
Or use the on-line contact form
