Lotteries which do not require registration

1. Where a lottery is promoted as an incident of an exempt entertainment that lottery shall not be unlawful provided it is conducted in accordance with the conditions set out at paragraph 3 below. If any of these conditions are 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. Section 3 of the 1976 Act allows a society to promote a small lottery which is incidental to certain forms of exempt entertainment. The Act defines "exempt entertainment" as a bazaar, sale of work, fete, dinner, dance, sporting or athletic event, or other entertainment of a similar character whether limited to one day or extending over two or more days. Non-members of the body organising the event may participate in these lotteries.
3. The conditions referred to in paragraph 1 above are that:-
   1. The whole proceeds of the entertainment (including the proceeds in lottery) after deducting;
      1. the expenses of the entertainment (including the proceeds in connection with the lottery); and
      2. the expenses incurred in printing tickets in the lottery; and
      3. such sum, if any, not exceeding a current maximum of £250 as the promoters of the lottery think fit to appropriate on account of any expenses incurred by them in purchasing prizes in the lottery, shall be devoted to purposes other than private gain.
   2. None of the prizes in the lottery shall be money prizes.
   3. Tickets or chances in the lottery shall not be sold or issued, nor shall the result of the lottery be declared, except on the premises on which the entertainment takes place during the progress of the entertainment, and
   4. The facilities afforded for participating in lotteries under this section or those facilities together with any other facilities for participating in lotteries or gaming shall not be the only, or the only substantial inducement to persons to attend the entertainment.
      In effect, therefore, the primary purpose of those attending should be to participate in the entertainment and not in the lottery. In this way the lottery becomes incidental to the entertainment and its legality is thus protected.
4. Returns are not required by the Council.
5. This is the only type of lottery in which no specific form of ticket is required (e.g. cloakroom tickets may be used).

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