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12 1958

GREYHOUND INDUSTRY ACT, 1958

PART III.

Greyhound Racing.

Restriction on operating greyhound race track.

21. —(1) After the appointed day, a person (other than the Board) shall not operate a greyhound race track except under a greyhound race track licence.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds and, in the case of a continuing offence, to a further fine not exceeding ten pounds for each day on which the offence is continued.

(3) The Board may by order appoint a day to be the appointed day for the purposes of this section.

Greyhound race track licences.

22. —(1) The Board may grant or, subject to subsections (2) and (3) of this section, refuse to grant an application for a licence to operate a greyhound race track (in this Act referred to as a greyhound race track licence).

(2) Where—

(a) an application for a greyhound race track licence is made in respect of a greyhound race track which was affiliated to the Club in the year 1957, and

(b) the application is not made after a greyhound race track licence previously granted in respect of that track has been revoked,

the application shall be granted.

(3) Where the Board proposes to refuse an application for a greyhound race track licence, the Board shall serve notice of the proposal on the applicant and shall, if any representations are made in writing by the applicant within seven days, consider the representations.

(4) Where an individual who is the licensee under a greyhound race track licence dies, the licence shall devolve upon the legal personal representative of the individual as part of his personal estate and the legal personal representative shall become and be for all purposes the licensee under the licence.

(5) Where the greyhound race track to which a greyhound race track licence relates has been transferred to or becomes vested in a person other than the licensee under the licence, the Board may, if it so thinks fit, on the application of the licensee or the legal personal representative or the liquidator of the licensee, transfer the licence to the person to or in whom the greyhound race track has been transferred or become vested.

Conditions attached to greyhound race track licence.

23. —(1) The Board may, on the grant of a greyhound race track licence, attach any condition to the licence.

(2) The Board may, by notice served on the licensee under a greyhound race track licence—

(a) revoke any condition attached to the licence,

(b) vary any condition attached to the licence,

(c) attach any new condition to the licence.

(3) Different conditions may be attached under this section to different licences and, in particular, the conditions may include—

(a) conditions as to the days on and the times at which races may take place,

(b) conditions as to the number of persons performing particular classes of functions on greyhound race tracks who must be in attendance at races,

(c) conditions as to the provision of suitable facilities to enable authorised officers in attendance at races duly to perform their functions,

(d) conditions as to permitting the Board to set up, maintain and work totalisators on greyhound race tracks on such sites as the Board may decide to be suitable and, where they are set up, as to provision by licensees of suitable arrangements for bookmakers in places convenient and suitable for carrying on their business (such arrangements to be determined, in default of agreement between bookmakers and licensees, by the Board).

(4) The Board shall not, pursuant to a condition referred to in paragraph (d) of subsection (3) of this section, decide that a site is suitable for a totalisator save after consultation with the licensee concerned.

(5) Notwithstanding any of the foregoing provisions of this section, there shall be attached to every greyhound race track licence (and the licence shall be expressed accordingly) a condition that races shall not be held on Christmas Day, Good Friday or any Sunday.

(6) Where the licensee under a greyhound race track licence does not comply with any condition attached to the licence, he shall, without prejudice to the power to suspend or revoke the licence, be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

Revocation or suspension of greyhound race track licence.

24. —(1) Where—

(a) the licensee under a greyhound race track licence fails to comply with a condition attached to the licence,

(b) the licensee under a greyhound race track licence is convicted of an offence under this Act, or

(c) the Board is satisfied that the greyhound race track to which a greyhound race track licence relates is conducted in a disorderly manner, is in a condition dangerous to persons frequenting the track or has ceased to be used for greyhound races,

the Board may, subject to subsection (2) of this section, suspend for such time as it thinks fit or revoke the licence.

(2) Where the Board proposes to suspend or revoke a greyhound race track licence, the Board shall serve notice of the proposal on the licensee and shall, if any representations are made in writing within seven days, consider the representations.

Regulations and rules in relation to greyhound race tracks.

25. —(1) The Board may by regulations make provision with respect to the establishment, layout, construction, maintenance, equipment, use, management and control of greyhound race tracks and the conduct generally of greyhound races at such tracks.

(2) In particular and without prejudice to the generality of subsection (1) of this section, regulations under this section may provide for—

(a) prohibiting persons from performing the functions of racing manager, handicapper, judge, steward, time-keeper or hare-driver on greyhound race tracks save under and in accordance with permits granted by the Board at its discretion,

(b) the making by the Board of charges in respect of the grant, retention or renewal of such permits,

(c) the attachment of conditions to permits,

(d) the suspension and revocation of such permits,

(e) requiring the provision of persons to perform specified functions on greyhound race tracks and prohibiting greyhound races except when such persons and specified officers of the Board are in attendance,

(f) prohibiting persons performing specified classes of functions on greyhound race tracks from having any beneficial interest in the income of the respective greyhound race tracks or in the ownership of greyhounds raced thereon or from betting on greyhound races thereon,

(g) prohibiting licensees under greyhound race track licences and persons performing specified functions on greyhound race tracks from having any beneficial interest in bookmaking on the respective greyhound race tracks,

(h) the periods of the year during which greyhound races on greyhound race tracks may take place,

(i) the refusal of entries for races at greyhound race tracks in the case of greyhounds in respect of which disqualification orders under section 45 of this Act are in force,

(j) the procedure as to, and the conditions precedent to, the acceptance of greyhounds for, and their participation in, races at greyhound race tracks,

(k) the procedure as to the grading of greyhounds for participation in races at greyhound race tracks and the conditions precedent to their acceptance for, and their participation in, graded races,

(l) the publication, by licensees under greyhound race track licences, and sale of race cards for races at greyhound race tracks and the information to be given in the cards both as regards the greyhounds participating in races and otherwise,

(m) the keeping and the supervision of greyhounds immediately before and after their participation in races at greyhound race tracks,

(n) the manner of starting, operating the mechanism of, timing and judging of races at greyhound race tracks,

(o) the recording and publication by licensees under greyhound race track licences of information relating to the participation and performance (including behaviour) of greyhounds in races at greyhound race tracks,

(p) requiring the keeping in relation to greyhound race tracks of specified books, accounts and records,

(q) requiring the production of such books, accounts and records and permitting inspection of and taking of copies of or extracts from such books, accounts and records,

(r) requiring the furnishing to the Board of specified returns and information in relation to greyhound race tracks.

(3) Where, pursuant to paragraph (f) of subsection (2) of this section, the Board proposes to make regulations prohibiting persons performing any of the functions mentioned in paragraph (a) of that subsection from having any beneficial interest in the income of greyhound race tracks, the Board shall serve notice of the proposal on every licensee under a greyhound race track licence and shall, if any representations are made in writing by any such licensee within twenty-eight days, consider the representations.

(4) If, in relation to a greyhound race track, there is a contravention of any regulation under this section, the licensee under the greyhound race track licence relating to the track shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.

(5) The Club may by rules make provision with respect to the use, management and control of greyhound race tracks and the conduct generally of greyhound races at such tracks.

(6) In particular and without prejudice to the generality of subsection (5) of this section, rules under this section may provide for—

(a) requiring the provision of persons to perform specified functions on greyhound race tracks and prohibiting greyhound races except when such persons and specified officers of the Club are in attendance,

(b) the periods of the year during which greyhound races on greyhound race tracks may take place,

(c) the refusal of entries for races at greyhound race tracks in the case of greyhounds in respect of which disqualification orders under section 45 of this Act are in force,

(d) the procedure as to, and the conditions precedent to, the acceptance of greyhounds for, and their participation in, races at greyhound race tracks,

(e) the procedure as to the grading of greyhounds for participation in races at greyhound race tracks and the conditions precedent to their acceptance for, and their participation in, graded races,

(f) the publication, by licensees under greyhound race track licences, and sale of race cards for races at greyhound race tracks and the information to be given in the cards both as regards the greyhounds participating in races and otherwise,

(g) the keeping and the supervision of greyhounds immediately before and after their participation in races at greyhound race tracks,

(h) the manner of starting, operating the mechanism of, timing and judging of races at greyhound race tracks,

(i) the recording and publication by licensees under greyhound race track licences of information relating to the participation and performance (including behaviour) of greyhounds in races at greyhound race tracks.

(7) If, in relation to a greyhound race track, there is a contravention of any rule under this section, the licensee under the greyhound race track licence relating to the track shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.

(8) Rules under this section shall not be made before the day appointed by the Minister under subsection (7) of section 26 of this Act.