GAMBLING: SUBSIDIARY LEGISLATION

Gambling (Promotional Competitions) Regulations

Gambling Regulations

Gambling (Suspension of Licences) Regulations

GAMBLING REGULATIONS

(under section 135)

(1st April, 2016)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

1. Citation

2. Interpretation

PART II
Gambling Establishments

3. Application for gambling establishment licence

4. Grant of licence

5. Renewal of licence

6. Duplicate licence

7. Transfer of licence

8. Licence available due to surrender, expiration, etc.

PART III
Casinos

9. Application for a casino licence

10. Grant of licence

11. Renewal of licence

12. Duplicate licence

13. Transfer of licence

14. Licence available due to surrender, expiration, etc.

15. Details to be specified on casino licence

16. Stakes and prizes

17. Casino gambling machines

18. Playing cards, dice and roulette balls control

19. Application for approval of chips or tokens

20. Specifications for chips and tokens

21. Use of chips and tokens

22. Redemption and disposal of discontinued chips and tokens

23. Destruction of counterfeit chips and tokens

24. Promotional chips and tokens and other value instruments

25. Receipt of chips and tokens from manufacturer or distributor

26. Inventory of chips and tokens

27. Prohibited transactions by licensees

28. Transactions to be reported

29. Multiple transactions

30. Electronic monitoring requirements

31. Installation of surveillance systems by licensee

PART IV
Bingos

32. Application for bingo licence

33. Grant of licence

34. Renewal of licence

35. Duplicate licence

36. Transfer of licence

PART V
Totalisators and betting pools

37. Application for totalisator licence

38. Grant of licence

39. Renewal of licence

40. Duplicate licence

41. Transfer of licence

PART VI
Bookmakers

42. Application for bookmaker’s licence

43. Grant of licence

44. Renewal of licence

45. Duplicate licence

46. Transfer of licence

PART VII
Racing

47. Application for racing licence

48. Grant of licence

49. Renewal of licence

50. Duplicate licence

51. Transfer of licence

52. Prohibition on relaying of racecourse commentary or information

PART VIII
Gambling Machines and Devices

53. Application for licence to possess, etc., gambling machine or device

54. Grant of licence

55. Renewal of licence

56. Duplicate licence

57. Transfer of licence

58. Registration of gambling machines or devices

59. Register of gambling machines or devices

60. Record of gambling machines or devices

61. Attachment of certificate on gambling machines or devices

62. Transfer of ownership or possession of gambling machine or device

63. Registration of persons selling, repairing or testing gambling machines or devices

64. Application for testing agent licence

65. Calibration and certification of gambling machines

PART IX
Gambling Licences in General

66. Publication of invitations to apply for licences

67. Publication of licence applications

68. Hearing of applications for licences

69. Investigations

70. Withdrawal of application for licence

71. Disqualifying circumstances

72. Opportunity to rectify disqualifying circumstances

73. Suspension of licence

74. Revocation of licence

75. Transfer of licences in general

PART X
Obligations of Licensees

76. Standards for gambling premises

77. Duty to display rules

78. Internal control measures

79. Licensee to maintain approved banking and payment processing arrangements

80. Licensee to maintain proper accounts

81. Licensee to submit annual reports

82. Authority’s power to obtain certain information

83. Type approval of gambling machine or device

84. Authority not liable

PART XI
Licensing of Persons Employed in the Gambling Industry

85. Key employees in gambling industry

86. Application for employee licence

87. Grant of licence

88. Duplicate licence

PART XII
Excluded persons

89. Registration of excluded persons

90. Maintenance of register of excluded persons

91. Prohibition of excluded person in partaking in gambling

92. Duty of licensee to keep excluded person from licensed premises

93. Promotional material not to be sent to excluded persons

94. Cancellation of registration as excluded person

PART XIII
Lotteries

95. Application for licence to operate National Lottery

96. Grant of licence

97. ...

98. Duplicate licence

99. Transfer of licence

100. Institutions which can operate lottery other than National Lottery

PART XIV
Advertising

101. Undesirable advertising

102. Statement to be advertised on dangers of gambling

103. Facilities where advertising is prohibited

104. Relationship with advertising regulator

PART XV
Addictive and compulsive gambling

105. Recording of problem gambling incidents

106. Gambling premises to have gambling contact officer

107. Dealing with people with gambling problems

PART XVI
Financial and Administration provisions

108. Payment of licence levy

109. Contribution to the Excessive Gambling Prevention and Rehabilitation Committee

110. Imposition of civil penalties by Authority

PART XVII
Miscellaneous provisions

111. Unlawful winnings

112. Prohibition of fraudulent acts

113. Prohibition on use of certain devices

114. Exclusion of persons from gambling premises for misconduct

115. Restriction on number of licences issued

116. Resolution of disputes

117. Investigations, reporting and powers of entry, etc.

118. Competition and consumer protection matters

119. Offences and penalties

120. Revocation of Cap. 19:01 (Sub. Leg.) and Cap. 19:02 (Sub. Leg.)

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

SCHEDULE 6

SCHEDULE 7

SCHEDULE 8

SCHEDULE 9

SCHEDULE 10

SCHEDULE 11

SCHEDULE 12

SCHEDULE 13

SCHEDULE 14

SCHEDULE 15

SCHEDULE 16

S.I. 23, 2016,
S.I. 81, 2016,
S.I. 91, 2019.

PART I
Preliminary

1. Citation

These Regulations may be cited as the Gambling Regulations.

2. Interpretation.

In these Regulations, unless the context otherwise requires—

"cashier’s cage" means a secure room used by cashiers in a casino for all cash-related transactions;

"chip" means a non-metal or partly metal representative of value, redeemable for cash, which is issued or sold by a casino licensee for use at the licensee’s casino;

"drop" means the total amount of money, chips, tokens and credit markers contained in a drop box;

"drop box" means a locked container permanently marked with a game or shift number corresponding to a permanent number of a table into which all currency exchanged for chips or tokens or credit instruments at the table and all other documents pertaining to transactions at the table shall be placed;

"employee" means any individual who performs any duties that are gambling related within a licensed gambling business;

"hard count room" means a room in which coins are counted in a casino;

"soft count room" means a room in which notes are counted in a casino; and

"token" means a metal or other representative of value, redeemable for cash which is sold at a casino for use in slot machines, at table games or counter games.

PART II
Gambling Establishments

3. Application for gambling establishment licence

(1) A person may make an application to the Authority for a gambling establishment licence, in Form 1 set out in Schedule 1, and such application shall be accompanied by the fee prescribed under Schedule 14.

(2) An application under subregulation (1) shall be accompanied by such supporting documents and information as may be required by the Authority.

(3) Where the documents or information supplied by an applicant under this regulation change subsequent to the application being lodged with the Authority but prior to the application being decided by the Authority, the applicant shall notify the Authority, in writing, of the changes in the documents or information.

4. Grant of licence

(1) The Authority shall, where it is satisfied that the applicant meets the requirements for the grant of a gambling establishment licence, grant the applicant such licence in Form 2 set out in Schedule 1, upon payment of the fee prescribed under Schedule 14.

(2) The Authority shall, within seven days after the decision to grant a licence under subregulation (1), notify the applicant, in writing, that the licence has been granted.

(3) Where the Authority has refused to grant a licence to an applicant, the Authority shall notify the applicant, in writing, within seven days of the decision and shall furnish the applicant with reasons for the refusal.

5. Renewal of licence

A licensee under this Part may make an application to the Authority in Form 3 set out in Schedule 1 for the renewal of a gambling establishment licence, and such application shall be accompanied by the fee prescribed under Schedule 14.

6. Duplicate licence

A licensee may make an application to the Authority for a duplicate gambling establishment licence, in Form 4 set out in Schedule 1, upon payment of the fee prescribed under Schedule 14, where the original licence is lost, mutilated or destroyed.

7. Transfer of licence

(1) A licensee may make an application to the Authority in Form 5 set out in Schedule 1 to transfer a gambling establishment licence to another person, or for a gambling establishment licence to be transferred from one premises to another, upon payment of the fee prescribed under Schedule 14.

(2) An application made under subregulation (1) shall be subject to the provisions of regulation 74.

8. Licence available due to surrender, expiration, etc.

(1) A person may make an application to the Authority in Form 6 set out in Schedule 1 to the Authority for a gambling establishment licence that has become available due to surrender by a licensee, which has been revoked by the Authority, or which has expired and has not been renewed.

(2) An application made in accordance with subregulation (1) shall be accompanied by the fee prescribed under Schedule 14.

PART III
Casinos

9. Application for a casino licence

(1) A person may make an application to the Authority for a casino licence in Form 7 set out in Schedule 2, upon payment of the fee prescribed under Schedule 14.

(2) An application under subregulation (1) shall be accompanied by such supporting documents and information as may be required by the Authority.

10. Grant of licence

(1) The Authority shall, where it is satisfied that the applicant meets the requirements for the grant of a casino licence, grant the applicant such licence in Form 8 set out in Schedule 2, upon payment of the fee prescribed under Schedule 14.

(2) The Authority shall, within seven days after the decision to grant a licence under subregulation (1), notify the applicant, in writing, that the licence has been granted.

11. Renewal of licence

A licensee under this Part, may make an application to the Authority in Form 9 set out in Schedule 2, for the renewal of his or her casino licence, and such application shall be accompanied by the fee prescribed under Schedule 14.

12. Duplicate licence

A licensee may make an application to the Authority for a duplicate licence, in Form 10 set out in Schedule 2, upon payment of the fee prescribed under Schedule 14, where the original licence is lost, mutilated or destroyed.

13. Transfer of licence

Subject to regulation 74, a licensee may make an application to the Authority in Form 11 set out in Schedule 2 for his or her casino licence to be transferred to another person, or to be transferred from one premises to another, upon payment of the fee prescribed under Schedule 14.

14. Licence available due to surrender, expiration, etc.

(1) A person may make an application in Form 12 set out in Schedule 2 to the Authority for a casino licence that has become available due to surrender by a licensee, which has been revoked by the Authority, or which has expired and has not been renewed.

(2) An application made in accordance with subregulation (1) shall be accompanied by the fee prescribed under Schedule 14.

15. Details to be specified on casino licence

A casino licence shall specify—

(a) such games, tables and gambling machines as are to be played in or on part of the licensed premises;

(b) the number of tables for the playing of any game and the number of gambling machines; and

16. Stakes and prizes

(1) The Authority shall determine the minimum and maximum stakes allowed and prizes payable in respect of winning wagers applicable to every licensed game at a casino.

(2) The minimum and maximum stakes allowed and prizes payable in accordance with subregulation (1) shall be displayed at all times by the licensee on the table or in a conspicuous place adjacent to the table.

(3) A pay-off schedule or an award card in a casino shall state the actual pay-off or award applicable to a particular game and shall not be worded in such a manner as to mislead or deceive the public.

17. Casino gambling machines

(1) A casino gambling machine shall have a theoretical and demonstrable return to the public of not less than 80 per cent.

(2) A licensee shall clearly display or make easily accessible to players all winning combinations, together with corresponding prizes, on every casino gambling machine exposed for play.

18. Playing cards, dice and roulette balls control

A licensee shall submit to the Authority for approval, procedures that provide security over a casino game and limit the possibility of unauthorised access and tampering including—

(a) a casino game inventory system which includes a record of the following—

(i) the balance of playing cards, dice or roulette balls on hand,

(ii) playing cards, dice or roulette balls removed from primary storage,

(iii) playing cards, dice or roulette balls returned to storage or received from the manufacturer, and

(iv) the date when the playing cards, dice or roulette balls were received from the manufacturer;

(b) a reconciliation on a daily basis of playing cards, dice or roulette balls distributed, destroyed, cancelled and on reserve;

(c) an audit by an independent auditor of the records kept by the licensee in accordance with paragraphs (a) and (b); and

(d) procedures for the destruction and cancellation of playing cards, dice or roulette balls.

19. Application for approval of chips or tokens

(1) A licensee shall make an application, in writing, to the Authority for the approval of chips or tokens to be used in the applicant’s casino.

(2) A licensee shall make an application, in writing, to the Authority for the approval of modifications to chips or tokens previously approved by the Authority.

(3) An application made under subregulations (1) and (2) shall include—

(a) an exact drawing, in colour, of each side and the edge of the proposed chip or token, drawn to actual size or drawn to larger than actual size and in scale, and showing the measurements of the proposed chip or token in each dimension;

(b) specifications for the proposed chips or tokens;

(d) the licensee’s intended use of the chips or tokens.

(4) Where the Authority is satisfied that the proposed chips or tokens conform to the requirements set out in subregulation (3) and any other information required by the Authority, the Authority shall notify the licensee, in writing, to submit a sample of the proposed chips or tokens in final, manufactured form.

(5) Where the Authority is satisfied that the sample of chips or tokens requested under subregulation (4), conform to the requirements set out in subregulation (3), the Authority shall, in writing, notify the licensee of its approval of the proposed chips or tokens.

(6) A licensee shall not use chips or tokens that are not issued for use at specific tables or counter games.

20. Specifications for chips and tokens

(1) A licensee shall not use chips or tokens that deceptively resemble any current or past currency coins used in Botswana or any other country.

(2) A licensee shall ensure that each chip or token used for play at the licensee’s casino shall contain the following specifications—

(a) an inscription of the name of the casino issuing the chip or token on each side of the chip or token, and an inscription of the name of the city or other locality where the casino is located on at least one side of each chip or token, unless the chip or token is used exclusively at roulette;

(b) an inscription of each side of a chip or token of the value of the chip or token, unless the chip or token is used exclusively at roulette;

(c) an inscription on at least one side of each chip or token, unless the chip or token is used exclusively at roulette, of the manufacturer’s name or a distinctive logo or other mark identifying the manufacturer; and

(d) each chip or token shall be designed in such a way that when stacked with chips and tokens of other denominations and viewed on closed-circuit television, the denomination of the chips or tokens can be distinguished from that of the other chips or tokens in the stack.

21. Use of chips and tokens

(1) A licensee who uses chips and tokens shall—

(a) sell chips and tokens only to patrons of the licensee’s casino and only at the patrons’ requests;

(b) promptly redeem the casino’s chips and tokens for the casino’s patrons;

(c) post signs conspicuously which contain information on the prohibition of the use of the licensee’s chips outside the licensee’s casino for any monetary purpose or other purpose; and

(d) take reasonable steps to ensure that the licensee does not issue chips and tokens to its patrons which were issued by other casino licensees.

(2) A licensee shall accept chips or tokens only as payment for the specific purpose that the chips or tokens were issued for and for the payment of food and beverages offered at the casino.

(3) A licensee shall not offer chips or tokens as change in any other transaction other than for the transaction for which the chips or tokens were issued for.

(4) A licensee shall not knowingly sell, use, permit the use of, accept or redeem chips or tokens issued by another licensee except where the chips or tokens are presented by a patron of the licensee for redemption after showing proof that he or she received the chips or tokens from the gambling machines or from an employee of the licensee.

(5) A licensee may redeem chips whose use is restricted to uses other than at table games or at specified table games for chips issued for use at the table games or specified table games and the redeemed chips shall be placed by the licensee in the table’s drop box, separated from other chips and properly accounted for during the count performed in terms of the licensee’s internal control system.

(6) A licensee who contravenes the provisions of subregulation (4), commits an offence and is liable to a fine not exceeding P5 000 or to imprisonment for a term not exceeding six months, or to both.

22. Redemption and disposal of discontinued chips and tokens

(1) A licensee who permanently removes from use or replaces approved chips or tokens at the licensee’s casino, or who ceases to operate a casino shall prepare a plan for redeeming discontinued chips and tokens that remain outstanding at the time of the discontinuation.

(2) A licensee shall submit a plan under subregulation (1) to the Authority not later than 30 days before the proposed removal from use, replacement of the chips or tokens or ceasing to operate a casino, unless the cause for the discontinuation of the chips or tokens cannot be reasonably anticipated, in which event the licensee must submit the plan as soon as is reasonably practicable.

(3) The plan referred to under subregulation (1) shall provide for—

(a) the redemption of outstanding, discontinued chips and tokens for at least 120 days after the removal from use, replacement or cessation of operations, as the case may be;

(b) the redemption of the chips and tokens at the premises of the casino or such other location as the Authority may approve;

(c) the publication of a notice for the discontinuance and redemption of the chips and tokens and the locations of the redemption in at least two newspapers circulating in Botswana at least twice during each week of the redemption period;

(d) the notice under paragraph (c) to be placed conspicuously at the premises of the licensee or other location where the redemption will take place; and

(e) the destruction or such other disposition of the discontinued chips and tokens.

(4) A licensee who fails to submit a plan in accordance with subregulation (2), commits an offence and is liable to a fine not exceeding P5 000 or to imprisonment for a term not exceeding six months, or to both.

23. Destruction of counterfeit chips and tokens

(1) A licensee shall destroy or otherwise dispose of counterfeit chips and tokens discovered at the licensee’s casino in such manner as may be approved by the Authority.

(2) A licensee may dispose of currency coins used in Botswana or any other country discovered to have been unlawfully used at the licensee’s casino by including the coins in the casino’s coin inventories or in the case of foreign currency coins by exchanging such coins for local currency coins and including the foreign currency coins in the casino’s coin inventories or by disposing of them by any other lawful means.

(3) A licensee shall keep a record, in addition to any other information that the Authority may require, of—

(a) the number and denominations, actual and purported, of the coins and counterfeit chips and tokens destroyed or otherwise disposed of in terms of this regulation;

(b) the date on which the counterfeit chips, tokens and coins were discovered;

(c) the place and method of destruction or other disposition, including in the case of foreign coin exchanges, the exchange rate and the name of the bank, exchange company or other business or person with whom the coins were exchanged; and

(d) the names of the persons carrying out the destruction or other disposition on behalf of the licensee.

24. Promotional chips and tokens and other value instruments

(1) A licensee shall use promotional chips and tokens that are designed and manufactured in accordance with the following specifications—

(a) they shall be of such shape and size as to be distinguishable from other chips and tokens as determined by the Authority; and

(b) each side of each promotional chip and token shall be clearly inscribed with the words "No Cash Value".

(2) A licensee shall not use or permit the use of promotional chips and tokens other than for the promotions or tournaments for which they are issued.

(3) A value instrument shall be of such shape, size and design and have such other specifications as the Authority may approve.

(4) The Authority may deny approval of value instruments other than chips and tokens or may grant approval subject to such conditions as the Authority considers appropriate.

25. Receipt of chips and tokens from manufacturer or distributor

(1) A licensee shall keep a record of—

(a) the denomination of all chips and tokens received from a manufacturer or distributor;

(b) the descriptions of the chips or tokens;

(d) the signatures of the persons who received the chips or tokens.

(2) A deviation between the invoice accompanying the chips or tokens and the actual number of chips or tokens received, or any defects found in such chips or tokens shall be reported by the licensee to the Authority as soon as reasonably practicable.

(3) A licensee shall store in a separate locked compartment any chips or tokens received in accordance with subregulation (1) which are to be held in reserve, and the licensee shall record such chips or tokens in the chip inventory ledger as reserve chips.

(4) A licensee who fails to comply with the provisions of subregulation (3) commits an offence and is liable to a fine not exceeding P5 000 or to imprisonment for a term not exceeding six months, or to both.

26. Inventory of chips and tokens

(1) A licensee shall record in the chip inventory ledger the denominations, number and amount of chips and tokens taken from or returned to the chip inventory, together with the date and signatures of the persons carrying out this process.

(2) A licensee shall, on a daily basis—

(a) compute and record the unredeemed liability for each denomination of chips and tokens;

(b) cause to be made an inventory of chips and tokens in circulation; and

(c) cause the result of the inventory made under paragraph (b) to be recorded in the chip inventory ledger on a monthly basis.

(3) A licensee shall submit, in writing, the procedures used to compute the unredeemed liability and the procedures used for the inventory of chips and tokens to the Authority for approval.

(4) A licensee shall store, in a vault or cashier’s cage, all chips and tokens during non-gambling hours:

Provided that chips representing the table bankroll may be locked in a secure compartment.

27. Prohibited transactions by licensees

(1) A licensee shall not exchange chips or tokens for cash except to enable a patron to participate in gambling where cash is used as the stake after the patron has participated in the game or for the purpose of converting such cash.

(2) A licensee shall not—

(a) issue cheques or other negotiable instruments; or

(b) transfer any funds to or on behalf of a patron, in exchange for cash, chips, tokens or other value instruments, unless the licensee is satisfied that the patron has genuinely participated in gambling.

28. Transactions to be reported

(1) A licensee shall keep and maintain a record of the following transactions—

(a) exchanging chips or tokens for cash or other negotiable instrument with or on behalf of a patron in any transaction in which the amount of the exchange exceeds P10 000;

(b) issuing a cheque or other negotiable instrument to a patron, or otherwise effecting any transfer of funds on behalf of a patron, in exchange for cash or other negotiable instrument in any transaction in which the amount of the exchange exceeds P10 000;

(c) redeeming more than P10 000 worth of the licensee’s chips from a patron for cash or other negotiable instrument in any transaction;

(d) selling or issuing in any transaction more than P10 000 worth of the licensee’s chips to a patron for cash or other negotiable instrument;

(e) receiving more than P10 000 in cash or other negotiable instrument as a deposit for gambling or safekeeping purposes;

(f) receiving more than P10 000 in cash or other negotiable instrument from a patron as repayment of credit previously extended by the licensee;

(g) accepting more than P10 000 in cash or other negotiable instrument in that amount as wager at any gambling activity at which chips are not customarily used for wagering; and

(h) receiving from or disbursing to a patron more than P10 000 in cash, or other negotiable instrument in any transaction not specifically covered under paragraphs (a) to (g).

(2) The amount of cash or other negotiable instrument set under subregulation (1) as the limit for transactions to be reported to the Authority may be reviewed from time to time by the Authority, and the Authority shall notify the Minister, in writing, of such review.

(3) A licensee shall aggregate all cash transactions between the licensee and a patron or a person who the licensee knows or reasonably believes to be the patron’s agent, within a 24-hour period of the transactions being made.

(4) A licensee shall lodge a copy of the records to be kept by the licensee in terms of subregulation (1) with the Authority within 14 days after the end of the month to which the records relate.

(5) A licensee who fails to comply with the provisions of subregulation (4) commits an offence and is liable to a fine not exceeding P5 000 or to imprisonment for a term not exceeding six months, or to both.

29. Multiple transactions

(1) A licensee, the licensee’s employees or agents shall not knowingly allow, and the licensee shall take all reasonable steps to prevent, the circumvention of the provisions of regulation 28 by engaging in multiple transactions within a 24-hour period with a patron or a patron’s agent.

(2) A licensee who contravenes the provisions of subregulation (1) commits an offence and is liable to a fine not exceeding P5 000 or to imprisonment for a term not exceeding six months, or to both.

30. Electronic monitoring requirements

(1) A licensee shall install a central computer or such other monitoring system, as approved by the Authority, connected to all gambling machines exposed for play, to record and monitor the activities of such machines.

(2) A licensee shall not alter or modify the approved monitoring system installed in accordance with subregulation (1) without seeking prior approval of the Authority.

(3) The monitoring system installed in accordance with subregulation (1) shall—

(a) provide for an online monitoring and data acquisition capability in a format and medium approved by the Authority ;

(b) be configured in such a manner that it can be easily linked to the Authority’s monitoring system; and

(4) The monitoring system installed in accordance with subregulation (1), shall be designed and operated to perform and report functions relating to gambling machine meters and other functions by recording—

(a) the number and total value of tokens or coins placed in each gambling machine for the purpose of activating play;

(b) the number and total value of tokens or coins deposited in the drop box;

(d) the number and total value of tokens or coins to be paid manually; and

(e) such other information as the Authority may require.

(5) A licensee shall store in a machine readable format, all information required in accordance with subregulation (4) for a period of five years in addition to such other documentation that the Authority may require to be stored.

(6) The Authority shall—

(a) appoint a suitable service provider for the configuration maintenance of any monitoring system installed by a licensee; and

(b) allow any existing licensee a grace period of three months to have a monitoring system configured and linked to the Authority’s monitoring system.

(7) The Authority may disable any gambling machine through the monitoring system if it does not comply with the provisions of this Regulation.

(8) A licensee who fails to comply with the provisions of subregulations (2) and (5), commits an offence and is liable to a fine not exceeding P5 000 or to imprisonment for a term not exceeding six months, or to both.

31. Installation of surveillance systems by licensee

(1) An applicant for a casino licence shall submit to the Authority a surveillance system plan for approval, at the time of by making an application for a casino licence.

(2) The surveillance system plan under subregulation (1) shall include a casino floor plan that shows the placement of all surveillance equipment in relation to the locations to be covered by the surveillance system, and a detailed description of the surveillance system and its equipment.

(3) An applicant or licensee shall not alter or modify the surveillance system plan approved by the Authority under subregulation (1), without the prior approval of the Authority.

(4) Where an applicant or licensee wishes to alter or modify the surveillance system plan, the applicant or licensee shall submit an amended surveillance system plan to the Authority reflecting any alteration or modification to the surveillance system not later than 30 days prior to the proposed alteration or modification.

(5) A licensee shall install, maintain and operate at all times a surveillance system that monitors and records clear and unobstructed views of the following—

(a) all areas and transactions within the hard count room and any area where uncounted coins are stored during the drop and count process, including walls, doors, scales, wrapping machines, coin sorters, vaults, safes and general work surfaces;

(b) all areas and transactions within the soft count room, including walls, doors, drop boxes, vaults, safes and counting surfaces;

(c) all areas and transactions within a cashier’s cage, including customer windows, employees’ windows, cash drawers, vaults, safes, counters, chip storages and fill windows;

(d) all table games and card room areas with sufficient clarity to permit identification of all dealers, patrons, spectators and pit personnel;

(e) all table games or card table surfaces, including table bank trays, with sufficient clarity to permit identification of all chip, cash, dice and card values, and the outcome of games;

(f) all roulette tables and wheels, which shall be recorded on a monitor screen;

(g) all drop boxes and tables numbers;

(h) all card rooms or podium banks, including any drawers, cabinets contained in such banks, and each table being continuously and individually monitored and recorded by a dedicated fixed camera while the drop box is attached to such table;

(i) all areas that contain gambling machines with sufficient clarity to identify all patrons and employees; and

(j) all slot booths, including cash drawers, counter tops, counting machines, customer windows and employees’ windows to permit identification of all transactions, cash, paperwork, patrons and employees.

(6) The surveillance system shall have the capability to view and record simultaneously—

(a) all table game areas and surfaces; and

(b) all transactions within the hard count rooms, soft count rooms and cashier’s cage in order to permit identification of each employee and his or her movements, and to permit identification of all currency, coins and paperwork.

(7) A licensee’s soft and hard count rooms shall have a surveillance system with audio monitoring and recording capabilities.

(8) The surveillance system installed by a licensee in accordance with subregulation (5) shall cover all areas of any security office where persons may be detained or interrogated by casino security officers, and the security coverage shall include both audio and video recordings.

(9) A licensee shall retain recordings of surveillance systems installed on the licensee’s premises, for a period of at least 30 days from the date of the recordings.

(10) A licensee shall display conspicuously a sign in every room or office which has a surveillance system, which states that the room or office is under constant audio and video surveillance.

(11) A licensee shall establish and maintain a written log of all casino surveillance system equipment malfunctions, and retain the log for at least 12 months after the date of the most recent entry in the log.

(12) A licensee shall ensure that each malfunction of the casino surveillance system equipment is repaired within 24 hours of the malfunction but if a repair is not completed within 24 hours, the licensee shall submit a written report to the Authority immediately, that sets out the reasons for the delay in the repairs.

(13) The Authority may order that all activities in the area affected by the surveillance system equipment malfunction under subregulation (12) be suspended pending repairs to the equipment.

(14) A licensee who fails to comply with the provisions of this regulation commits an offence and is liable to a fine not exceeding P5 000 or to imprisonment to a term not exceeding six months, or to both.

PART IV
Bingos

32. Application for bingo licence

(1) A person may make an application for a bingo licence to the Authority in Form 13 set out in Schedule 3, and such application shall be accompanied by the fee prescribed under Schedule 14.

(2) An application under subregulation (1) shall be accompanied by such supporting documents and information as may be specified or required by the Authority.

(3) Where the documents or information supplied by an applicant under this regulation changes subsequent to the application being lodged with the Authority but prior to the application being decided by the Authority, the applicant shall notify the Authority, in writing, of the changes in the documents or information.

33. Grant of licence

(1) The Authority shall, where it is satisfied that the applicant meets the requirements for the grant of a bingo licence, grant the applicant such licence in Form 14 set out in Schedule 3, upon payment of the fee prescribed under Schedule 14.

(2) The Authority shall, within seven days after the decision to grant a licence under subregulation (1), notify the applicant, in writing, that the licence has been granted.

34. Renewal of licence

A licensee under this Part, may make an application to the Authority in Form 15 set out in Schedule 3 for the renewal of his or her bingo licence, and such application shall be accompanied by the fee prescribed under Schedule 14.

35. Duplicate licence

A licensee may make an application to the Authority licence for a duplicate licence, in Form 16 set out in Schedule 3, upon payment of the fee prescribed under Schedule 14, where the original licence is lost, mutilated or destroyed.

36. Transfer of licence

Subject to regulation 74, a licensee may make an application to the Authority in Form 17 set out in Schedule 3 for his or her bingo licence to be transferred to another person, or to be transferred from one premises to another, upon payment of the fee prescribed under Schedule 14.

PART V
Totalisators and betting pools

37. Application for totalisator licence

(1) A person may make an application to the Authority in Form 18 set out in Schedule 4 for a totalisator licence, and such application shall be accompanied by the fee prescribed under Schedule 14.

(2) An application under subregulation (1) shall be accompanied by such supporting documents and information as may be specified or required by the Authority.

38. Grant of licence

(1) The Authority shall, where it is satisfied that the applicant meets the requirements for the grant of a totalisator licence, grant the applicant such licence in Form 19 set out in Schedule 4, upon payment of the fee prescribed under Schedule 14.

(2) The Authority shall, within seven days after the decision to grant a licence under subregulation (1), notify the applicant, in writing, that the licence has been granted.

39. Renewal of licence

A licensee under this Part, may make an application to the Authority in Form 20 set out in Schedule 4 for the renewal of his or her totalisator licence, and such application shall be accompanied by the fee prescribed under Schedule 14.

40. Duplicate licence

A licensee may make an application to the Authority for a duplicate licence, in Form 21 set out in Schedule 4, upon payment of the fee prescribed under Schedule 14, where the original licence is lost, mutilated or destroyed.

41. Transfer of licence

Subject to regulation 74, a licensee may make an application to the Authority in Form 22 set out in Schedule 4 for his or her totalisator licence to be transferred to another person, or to be transferred from one premises to another, upon payment of the fee prescribed under Schedule 14.

PART VI
Bookmakers

42. Application for bookmaker's licence

(1) A person may make an application to the Authority for a bookmaker’s licence in Form 23 set out in Schedule 5, and such application shall be accompanied by the fee prescribed under Schedule 14.

(2) An application under subregulation (1) shall be accompanied by such supporting documents and information as may be specified or required by the Authority.

43. Grant of licence

(1) The Authority shall, where it is satisfied that the applicant meets the requirements for the grant of a bookmaker’s licence, grant the applicant such licence in Form 24 set out in Schedule 5, upon payment of the fee prescribed under Schedule 14.

(2) The Authority shall, within seven days after the decision to grant a licence under subregulation (1), notify the applicant, in writing, that the licence has been granted.

44. Renewal of licence

A licensee under this Part, may make an application to the Authority in Form 25 set out in Schedule 5 for the renewal of his or her bookmaker’s licence, and such application shall be accompanied by the fee prescribed under Schedule 14.

45. Duplicate licence

A licensee may make an application to the Authority for a duplicate licence, in Form 26 set out in Schedule 5, upon payment of the fee prescribed under Schedule 14, where the original licence is lost, mutilated or destroyed.

46. Transfer of licence

Subject to regulation 74, a licensee may make an application to the Authority in Form 27 set out in Schedule 5 for his or her bookmaker’s licence to be transferred to another person, or to be transferred from one premises to another, upon payment of the fee prescribed under Schedule 14.

PART VII
Racing

47. Application for racing licence

(1) A person may make an application to the Authority for a licence in Form 28 set out in Schedule 6, and such application shall be accompanied by the fee prescribed under Schedule 14.

(2) An application under subregulation (1) shall be accompanied by such supporting documents and information as may be specified or required by the Authority.

48. Grant of licence

(1) The Authority shall, where it is satisfied that the licence applicant meets the requirements for the grant of a racing licence, grant the applicant such licence in Form 29 set out in Schedule 6, upon payment of the fee prescribed under Schedule 14.

(2) The Authority shall, within seven days after the decision to grant a licence under subregulation (1), notify the applicant, in writing, that the licence has been granted,

49. Renewal of licence

A licensee under this Part, may make an application to the Authority in Form 30 set out in Schedule 6 for the renewal of his or her racing licence, and such application shall be accompanied by the fee prescribed under Schedule 14.

50. Duplicate licence

A licensee may make an application to the Authority for a duplicate licence, in Form 31 set out in Schedule 6, upon payment of the fee prescribed under Schedule 14, where the original licence is lost, mutilated or destroyed.

51. Transfer of licence

Subject to regulation 74, a licensee may make an application to the Authority in Form 32 set out in Schedule 6 for his or her racing licence to be transferred to another person, or to be transferred from one premises to another, upon payment of the fee prescribed under Schedule 14.

52. Prohibition on relaying racecourse commentary or information

(1) A person shall not—

(a) relay contemporaneous racecourse or race meeting commentary without the authority of a licensee;

(b) by means of a telephone or any similar instrument relay any information provided by a licensee in respect of any race, unless the person is authorised by the licensee to do so; or

(c) by means of a radio, television, loudspeaker apparatus or any similar instrument receive any commentary or information provided by a licensee at any place other than at a totalisator conducted by the totalisator licensee.

(2) Subject to the provisions of subregulation (1)—

(a) a person licensed in terms of the Communications Regulatory Authority Act (Cap. 72:03) may transmit commentary or information provided by a licensee; and

(b) information may be relayed by means of a telephone or any similar instrument by a person authorised by a totalisator licensee concerned to relay the information.

PART VIII
Gambling Machines and Devices

53. Application for licence to possess, etc., gambling machine or device

(1) A person may make an application in Form 33 set out in Schedule 7 for a licence to own or possess a gambling machine or device or a licence to own, keep or maintain premises where a gambling machine or device is kept, and such application shall be accompanied by the fee prescribed under Schedule 14.

(2) An application under subregulation (1) shall define the gambling machine or device which is the subject of the application.

54. Grant of licence

(1) The Authority shall, where it is satisfied that the applicant meets the requirements for the grant of a licence to own, or possess a gambling machine or device, or own, keep or maintain any premises on which any gambling machine or device is kept, grant the applicant with such licence in Form 34 set out in Schedule 7, upon payment by the applicant of the fee prescribed under Schedule 14.

(2) The Authority shall, within seven days after the decision to grant a licence under subregulation (1), notify the applicant, in writing, that the licence has been granted.

55. Renewal of licence

A licensee under this Part, may make an application to the Authority in Form 35 set out in Schedule 7 for the renewal of his or her licence, and such application shall be accompanied by the fee prescribed under Schedule 14.

56. Duplicate licence

A licensee may make an application to the Authority for a duplicate licence, in Form 36 set out in Schedule 7, upon payment of the fee prescribed under Schedule 14, where the original licence is lost, mutilated or destroyed.

57. Transfer of licence

Subject to regulation 74, a licensee may make an application to the Authority in Form 37 set out in Schedule 7 to the Authority for his or her licence to be transferred to another person, or to be transferred from one premises to another, upon payment of the fee prescribed under Schedule 14.

58. Registration of gambling machines or devices

(1) A person who imports a gambling machines or device into Botswana, or who manufactures, sells, markets or distributes such machines or devices in Botswana, shall register the machines or devices with the Authority.

(2) A person who wishes to transport or distribute a registered gambling machine or device shall apply to the Authority, 30 days prior to the date of the intended transportation or distribution, for permission to do so.

(3) A person who fails to comply with the provisions of this regulation commits an offence and is liable to the penalty prescribed under section 90 of the Act.

59. Register of gambling machines or devices

(1) The Authority shall establish and maintain a register of every gambling machine and device manufactured in or imported into Botswana in the form set out in Schedule 8.

(2) The register maintained in terms of subregulation (1) shall be kept at the offices of the Authority and shall be open for inspection by any member of the public, during office hours of the Authority.

(3) The register shall clearly describe in respect of each gambling machine or device—

(a) the name and address of the manufacturer or importer of the machine or device;

(b) the full name and description of the machine or device;

(d) the purpose for which the machine or device was manufactured or imported; and

(e) the type approval of the machine or device in accordance with regulation 83.

60. Record of gambling machines or devices

A manufacturer of gambling machines or devices shall keep and maintain a written record of every gambling machine or machines or device that the manufacturer acquires, manufactures, sells or devices distributes, which record shall contain the following information—

(a) the name and description of the machine or device;

(b) the purpose of the machine or device;

(d) the date of transfer of the machine or device.

61. Attachment of certificate on gambling machines or devices

(1) A manufacturer of gambling machines or devices shall attach a certificate containing the information set out in section 93 of the Act, to each gambling machine or device in a prominent place where the information on the certificate is written legibly.

(2) A manufacturer who fails to comply with the provisions of subregulation (1) commits an offence and is liable to the penalty prescribed under section 93 of the Act.

62. Transfer of ownership or possession of gambling machine or device

(1) A licensee may make an application to the Authority in Form 38 set out in Schedule 9 for approval to transfer ownership of a gambling machine or device to another person, upon payment of the fee prescribed under Schedule 14.

(2) The application for approval under subregulation (1) shall contain the following—

(a) the name, address and licence number of the licensee that is transferring the machine or device;

(b) the name, address and licence number of the person that the machine or device is being transferred to;

(d) any other information that the Authority may require.

(3) A licensee may make an application to the Authority in Form 39 set out in Schedule 9 for approval to lease or transfer possession of a gambling machine or device to another person while retaining legal title over the machine or device, and such application shall be accompanied by the fee prescribed under Schedule 14.

(4) The Authority shall, within seven days, notify the applicant, in writing, of its decision to approve or not to approve the licensee’s application under subsections (1) or (3).

63. Registration of persons selling, repairing or testing gambling machines or devices

A person in the business of selling, leasing, distribution, importation, marketing, maintenance, repair or testing of gambling machines or devices, shall make an application to the Authority for registration, in Form 40 set out in Schedule 10, and such application shall be accompanied by the fee prescribed under Schedule 14.

64. Application for testing agent licence

(1) A person who carries out maintenance work on, repairs, tests or calibrates gambling machines or devices shall make an application to the Authority in Form 41 set out in Schedule 10 for a testing agent licence.

(2) An application under subregulation (1) shall be accompanied by the fee prescribed under Schedule 14.

65. Calibration and certification of gambling machines

(1) A licensee under regulation 53 shall submit to the Authority, technical standards for a gambling machine or device to be used by the licensee in the licensee’s gambling or devices establishment.

(2) The Authority may approve the technical standards for a gambling machine or device by considering—

(a) the results of a technical evaluation of the gambling machine or device by a licensed testing agent; and

(b) any available research on consumer protection and harm minimisation implications of the gambling machine or device proposed to be approved.

(3) Where the Authority has approved the technical standards for a gambling machine or device, the Authority shall publish the standards in the Gazette, within 14 days of the approval.

(4) A licensed testing agent shall test the gambling machine or device of a licensee and certify whether such machine or device adheres to the standards as approved by the Authority, before the licensee can operate the gambling machine or device.

(5) A licensee shall, after a period of three years from the last test or certification of a gambling machine or device used in the licensee’s gambling establishment, submit the machine or device to a licensed testing agent for testing and certification.

PART IX
Gambling Licences in General

66. Publication of invitations to apply for licences

(1) The Authority shall, by notice published in the Gazette, Daily News or any private local newspaper, invite any person who qualifies for a licence in terms of section 34 of the Act, to apply for such licence.

(2) The notice referred to in subregulation (1) shall state the—

(a) type of licence available for application;

(b) number of licences available for application;

(d) requirements and conditions for the application for a particular licence;

(e) evaluation criteria which shall be applied by the Authority; and

(f) duration of the notice.

(3) A person shall only submit an application for a licence where a notice has been published in accordance with subregulation (1).

67. Publication of licence applications

(1) Any member of the public who has an objection to any application for a licence shall notify the Authority within the notice period referred to in section 34(2) of the Act and such objection shall be heard in accordance with regulation 68.

(2) An applicant may request the Authority to exempt a certain portion of the application or certain documents that have been attached to such application, whose disclosure would be detrimental to the applicant, from being published in accordance with section 34(2) of the Act, giving justifiable reasons for the exemption.

(3) The Authority shall consider any request made in terms of subregulation (2) and if it deems it appropriate, shall grant the exemption from public inspection.

68. Hearing of applications for licences

(1) The Authority shall, after 30 days of the investigations conducted in accordance with regulation 69 being completed—

(a) determine a date, time and place to hold a hearing in respect of every application for a licence lodged with the Authority; and

(b) notify every applicant of the hearing date, time and place, in writing, 10 working days before the hearing.

(2) The Authority shall hold a hearing on the date, time and place determined by the Authority.

(3) A party to a hearing shall, at the time of the hearing, be afforded an opportunity by the Authority to be heard in person or be represented.

(4) The proceedings of a hearing shall be determined by the Authority.

(5) Where it is desirable to do so, the Authority may give direction on the aspects that may be covered by a party to a hearing when giving oral representations.

(6) The Authority may, in arriving at a decision, take into consideration, the generally accepted information, whether technical or scientific, within the field of gambling.

(7) The Authority shall cause—

(a) minutes of the proceedings of a hearing to be kept;

(b) oral representations to be recorded by such means that shall ensure the preservation of such representations and such recordings shall be retained by the Authority for a period of five years; and

subject to the provisions of the Act.

(8) The Authority shall, after the completion of a hearing—

(a) grant a licence; or

(b) refuse to grant a licence and give reasons for that refusal, in writing, to the applicant.

(9) An applicant who fails to appear and testify before the Authority when summoned to do so under regulation 69(3)(b), without reasonable excuse, may have his or her application denied, without further consideration of the application by the Authority.

69. Investigations

(1) The Authority shall conduct a thorough investigation into an applicant’s background to determine the applicant’s suitability to be granted a licence under these Regulations.

(2) The Authority shall request from an applicant, any information and documentation relating to the applicant and its direct or indirect shareholders, if applicable, which shall include—

(a) the incorporation documentation of the applicant, if the applicant is a company;

(b) the current financial position of the applicant;

(d) the nature and source of funding of the applicant.

(3) The Authority or any officer of the Authority may, during an investigation conducted under subregulation (1)—

(a) direct such inquiries to an applicant as are necessary or relevant in respect of an application;

(b) summon the applicant or any person who makes a statement or testifies in support of the application to answer any questions; or

(4) The Authority may take into consideration a failure or refusal by the applicant to respond to queries or answer questions put to the applicant in its assessment of the application.

70. Withdrawal of application for licence

(1) A person may make an application, in writing, to the Authority at any time prior to a final decision on the application for a licence by the person under these Regulations being made by the Authority, to withdraw the application.

(2) The Authority may, in writing, grant the application for withdrawal made under subregulation (1).

71. Disqualifying circumstances

A person may be disqualified from being granted a licence or from retaining or holding a licence already granted if the person, or any person acting as his or her agent is, at the time of making an application for the licence—

(a) appointed as a member of the Board established under section 7 of the Act; or

(b) appointed as an employee of the Authority.

72. Opportunity to rectify disqualifying circumstances

The Authority may, prior to making a decision on whether or not to grant a person a licence under these Regulations, offer such person an opportunity to rectify any disqualifying circumstances that may disqualify him or her from being granted a licence, within a period not exceeding 60 days.

73. Suspension of licence

(1) The Authority may, at any time suspend a licence for such period as it deems necessary.

(2) The Authority shall, where it suspends a licence in accordance with subregulation (1)—

(a) inform the licensee and give reasons, in writing; and

(b) give the licensee 30 days written notice within which the licensee should remedy any defect found by the Authority in the licensee’s operations under such licence.

(3) The Authority may, where there is good cause shown by a licensee, lift the suspension of a licence.

74. Revocation of licence

The Authority shall, where it revokes a licence in accordance with section 41 of the Act—

(a) request the licensee in writing to make written or oral representations to the Authority within 21 days of receipt of such request; and

(b) give the licensee a written response on the representations made by the licensee within 21 days from the date the representations were made.

75. Transfer of licences in general

(1) In considering an application to transfer a licence from one person to another or from one entity to another pursuant to regulations 7, 13, 36, 41, 46, 51, 57 and 99, the Authority may reject the application on any of the following grounds that the—

(a) person or entity to which the licence is sought to be transferred does not meet the licensing requirements in accordance with the Act or the Regulations; or

(b) transfer would be detrimental to the gambling industry and would not facilitate the performance of the functions of the Authority.

(2) Where a licensee is a body corporate, such licensee shall, where there is a change of ownership or control of the body corporate, notify the Authority of the change, in writing, within 30 days of the change of ownership or control of the body corporate.

(3) The Authority may revoke a licence of a body corporate where in its opinion, the change of ownership or control of the body corporate, would—

(a) be detrimental to the orderly development of the gambling industry; or

(b) be in contravention of the Companies Act (Cap. 42:01) or any other law in Botswana.

PART X
Obligations of Licensees

76. Standards for gambling premises

(1) A licensee shall not—

(a) place a cash dispensing machine or operate a cash dispensing machine within a designated area or within five metres of any point of unobstructed public access to a designated area;

(b) place a cash dispensing machine where it may be visible to patrons from the designated area; or

(2) A licensee shall, in respect of gambling activities—

(a) affix visible and legible signs warning of the dangers of addictive or compulsive gambling on the front of every gambling machine or device and at all points of purchase on licensed premises;

(b) prominently display posters of at least A3 size, notifying patrons of the availability of assistance with regard to addictive and compulsive gambling; and

(c) have available for the public, pamphlets or written manuals which educate members of the public on the issues of addictive and compulsive gambling.

(3) The pamphlets or written manuals referred to in subregulation (2)(c) shall be written in English and Setswana, and shall be located in such manner as to be easily accessible to the public in all areas in which gambling takes place and shall contain—

(a) a description of the aims and activities of the Excessive Gambling Prevention and Rehabilitation Committee, established under section 13 of the Act;

(b) information on the types of treatments available and that the treatments are free of charge; and

(4) A licensee shall display information signs outside any entrance that leads onto or passes by a designated area which shall, at a minimum, carry a warning sign that gambling activities take place through such entrance and where available, give directions to alternative entrances that do not lead onto or pass by designated areas.

77. Duty to display rules

(1) A licensee shall ensure that rules for the licensee’s premises are so displayed that they may readily be seen by patrons of the premises.

(2) A licensee who fails to comply with the provisions of this regulation commits an offence and is liable to a fine not exceeding P5 000 or to a term not exceeding six months, or to both.

78. Internal control measures

(1) A licensee shall establish and maintain administrative and accounting procedures for the purpose of exercising effective control over the licensee’s internal affairs.

(2) A licensee shall, at least 90 days before the commencement of the licensee’s operations, apply to the Authority in writing, for approval of the licensee’s internal control systems.

(3) The proposed internal control systems shall include—

(a) an organisational chart depicting the segregation of functions and responsibilities;

(b) a description of the duties and responsibilities of each position shown on the organisational chart;

(d) a declaration from an independent chartered accountant registered in accordance with the Accountants Act (Cap. 61:05) that the proposed internal control system has been reviewed by the accountant and complies with the requirements of this regulation; and

(e) such information as the Authority may require.

(4) The Authority, in considering an application under subregulation (2), may—

(a) consider whether the proposed internal control systems satisfy the requirements of these Regulations;

(b) consider whether the proposed internal control systems are capable of providing effective control over the conduct of gambling activities operated by the licensee; and

(5) Where the Authority determines that a licensee’s proposed internal control systems do not comply with the requirements of these Regulations, the Authority shall notify the licensee in writing, explaining how the control systems may be amended.

(6) The licensee shall, within 30 days of receiving the notice to amend the proposed internal control systems, submit the amended internal control systems to the Authority.

(7) A licensee may, at any time, submit to the Authority an application, in writing, to amend its approved internal control systems.

79. Licensee to maintain approved banking and payment processing arrangements

(1) A licensee shall maintain banking and payment processing arrangements of a description approved by the Authority at the time the licensee is granted a licence or at the last renewal of the licensee’s licence.

(2) A licensee shall not alter the banking or payment processing arrangements without obtaining the approval of the Authority and the Authority shall be notified of any change in the banking or payment processing arrangements, within 30 days of the change.

80. Licensee to maintain proper accounts

(1) A licensee shall keep and maintain proper accounts and records of accounts in respect of every financial year relating to the assets, liabilities, income and expenditure of the licensee, and shall prepare, in each financial year, a statement of such accounts.

(2) The accounts of the licensee in respect of each financial year shall, within two months of the end of each financial year, be audited by a certified auditor registered as such under the Accountants Act.

(3) The auditor shall report in respect of the accounts for each financial year, in addition to any other matter on which the auditor considers pertinent to comment on, whether or not the—

(a) auditor has received all the information and explanation which, to the best of the auditor’s knowledge and belief, were necessary for the performance of the auditor’s duties;

(b) accounts and related records of the licensee have been properly kept; and

(c) statement of accounts prepared by the licensee was prepared on a basis consistent with that of the preceding year and represents a true and fair view of the transactions and financial affairs of the licensee.

(4) The auditor shall submit to the licensee, a copy of the audit report and a copy of the audited accounts, within 14 days of the completion of the audit.

81. Licensee to submit annual reports

(1) A licensee shall, within a period of three months after the end of the financial year, submit to the Authority, a comprehensive financial report of its operations during such year, together with a copy of the audit report and the audited accounts.

(2) Upon receipt of a copy of the annual report, audit report and audited accounts, the Authority shall be entitled to take such actions as it deems appropriate and such actions shall include—

(a) requesting for further information or explanations from the auditor or the licensee; or

(b) appointing, where necessary, an independent auditor or investigator, at the expense of the Authority, to review the auditor’s report and give advice:

Provided that in the event that the independent auditor or investigator finds substantial or material omissions in the auditor’s report, the Authority may require the licensee to contribute to the payment of the fees charged by such independent auditor or investigator.

82. Authority’s power to obtain certain information

Nothing contained in this Part shall be construed as limiting the Authority’s power to—

(a) obtain any other financial information or information on business operations of a licensee at any time; or

(b) set out different reporting requirements for the financial statements or business operations for different licensees.

83. Type approval of gambling machine or device

(1) A licensee who wishes to use a gambling machine or device that requires to be type approved shall ensure that the gambling machine or device is type approved in accordance with the provisions of the Communications Regulatory Authority Act or any other law, before such machine or device is installed on the licensee’s premises in accordance with the provisions of the Act and these Regulations.

(2) A licensee shall, after the type approval of a gambling machine or device in accordance with subregulation (1), submit to the Authority, any documents showing proof that the gambling machine or device has been type approved before such gambling machine or device is installed on the licensee’s premises in accordance with the provisions of the Act and these Regulations.

(3) Where a licensee fails to comply with the provisions of this regulation, the Authority shall ensure that—

(a) the licensee removes the gambling machine or device from the licensed premises for storage at a facility or premises approved by the Authority; and

(b) the gambling machine or device is released upon completion of an investigation and the machine or device is type approved in accordance with subregulation (1).

(4) Notwithstanding subregulation (3), the Authority may at its discretion either carry out, or order, the destruction of the gambling machine or device.

84. Authority not liable

An approval given by the Authority with respect to the use of a gambling machine or device, or the connection of any terminal equipment to a gambling machine or device, shall not, in any way, make the Authority liable for the performance of the gambling machine or device, and a licensee shall be deemed to have indemnified the Authority, its staff and agents.

PART XI
Licensing of Persons Employed in the Gambling Industry

85. Key employees in gambling industry

(1) The following employees are classified as key employees for the purposes of these Regulations—

(a) the senior manager of a licensee;

(b) if the licensee is a company, every director of the company;

(c) an individual who has the authority to hire or discipline, including the termination of employment of supervisory personnel of a licensee;

(d) all persons who, individually, or as a group formulate management policies of a licensee; and

(e) an individual who is considered, by the Authority, to be a key employee or in a key position, for purposes of these Regulations.

(2) The Authority may, in considering whether an individual is a key employee or in a key position in terms of subregulation (1)(e), consider the functions and responsibilities of the individual or the position involved.

86. Application for employee licence

(1) A person who wishes to be employed in the gambling industry as a key employee shall make an application for an employee licence to the Authority, in Form 42 set out in Schedule 11, and such application shall be accompanied by the fee prescribed under Schedule 14.

(2) An application under subregulation (1) shall be accompanied by—

(a) two certified photographs of the applicant; and

(b) a letter from the prospective employer confirming the offer of employment.

87. Grant of licence

(1) Where the Authority has approved an application under regulation 86, the Authority may grant an employee licence in Form 43 set out in Schedule 11, to the applicant.

(2) A licensee shall inform the Authority, in writing, within 14 days after the key employee has—

(a) become employed by the licensee in accordance with these Regulations;

(b) been assigned to a different job description or position;

(d) left the employment of the licensee.

(3) The Authority may issue an applicant under subregulation (1) with a temporary employee licence pending the outcome of the application for an employee licence where—

(a) the operation of the licensee’s business will be prejudiced or disadvantaged by a delay in the processing of the application for employee licences; and

(b) the commencement of the employment of the applicant will not prejudice the integrity and proper operation of the licensee’s business.

(4) A licensee shall, in respect of every key employee required to be licensed in terms of this regulation, keep copies of the employees’ licences on record.

(5) An employee licence issued by the Authority in accordance with this regulation shall be valid for the period that the key employee is in employment in the gambling establishment specified in the licence.

(6) Where the Authority, under reasonable circumstances, has—

(a) suspended an employee licence of a key employee, the licensee under whose employment the key employee is in, shall suspend the employment of such key employee for the period which the Authority has suspended the employee licence; or

(b) revoked an employee licence of a key employee, the licensee under whose employment the employee is in, shall terminate the employment of the employee as soon as the licensee becomes aware of the revocation of the employee licence of the employee.

88. Duplicate licence

An employee may make an application to the Authority, in Form 44 set out in Schedule 11, upon payment of the fee prescribed under Schedule 14, for a duplicate licence where the original licence is lost, mutilated or destroyed.

PART XII
Excluded persons

89. Registration of excluded persons

(1) A person who wishes to be prevented from engaging in any gambling activity may register as an excluded person by submitting a notice of intention in Form 45 set out in Schedule 12.

(2) The notice of intention under subregulation (1) shall contain—

(a) the full names of the person;

(b) certified copies of the applicant’s national identity card (Omang) or passport, if the applicant is a non-citizen;

(d) two identical passport-size photographs of the applicant, taken at the time of the application, on which the features of the applicant are clearly and correctly depicted.

(3) The Authority shall, within seven days after receiving a notice of intention, transmit a copy of the notice to all licensees licensed by the Authority.

(4) Each licensee sent a copy of the notice of intention under subregulation (3) shall within seven days of receipt of the notice, forward written confirmation of receipt to the Authority.

(5) The exclusion of a person from any gambling activity shall take effect upon the date of written confirmation of receipt by all licensees.

(6) A person may apply to the Authority in Form 46 set out in Schedule 12, for the registration of any person listed in section 109(2) of the Act as an excluded person.

(7) The Authority may include a person in the register of excluded persons where such person has—

(a) contravened the gambling laws of any country;

(b) contravened or engaged in a conspiracy to contravene the provisions of the Act;

(d) been prohibited by a court from entering any premises licensed under the Act or these Regulations; or

(e) acted in such a manner that the Authority considers undesirable.

(8) The Authority shall notify a person of the Authority’s intention to register him or her as an excluded person and the person shall be given an opportunity to state his or her case.

(9) A notice of intention given under subregulation (8) shall specify the grounds for inclusion of a person in the register of excluded persons and shall inform the person that he or she may make a request for a hearing within 14 days from the date of the notice.

90. Maintenance of register of excluded persons

(1) The Authority shall maintain a register of excluded persons which shall contain the following information—

(a) the full names of an excluded person;

(b) the date of birth of an excluded person;

(d) the postal and residential addresses of an excluded person;

(e) the contact numbers of an excluded person;

(f) a passport-size photograph of the excluded person, submitted under regulation 89(2)(d);

(g) the type of licensed premises or gambling establishment to which the exclusion applies; and

(h) the date on which a person’s name was placed on the excluded person’s register.

(2) The register maintained in terms of subregulation (1) shall be kept at the offices of the Authority and shall be open for inspection by any member of the public, during office hours.

91. Prohibition of excluded person in partaking in gambling

An excluded person who knowingly enters the premises of a gambling establishment from which he or she is excluded, or knowingly partakes in any gambling activity from which he or she is excluded, commits an offence and is liable to a fine not exceeding P5 000 or to a term not exceeding six months, or to both.

92. Duty of licensee to keep excluded person from licensed premises

(1) A licensee shall take the following measures with regard to an excluded person—

(a) place at each entrance to any designated area, a member of staff whose duty shall be to monitor and control the entry of persons into the designated area;

(b) provide the member of staff contemplated in paragraph (a) with sufficient access to the information contained in the register maintained by the Authority to enable the member of staff to reasonably identify excluded persons; and

(c) provide the security staff of the licensee with sufficient access to the information contained in the register maintained by the Authority in order for such staff to reasonably identify excluded persons.

(2) Where an excluded person enters or attempts to enter licensed premises from which he or she is excluded, a licensee and its employees shall—

(a) request the excluded person not to enter, or if he or she is already on the premises, to immediately leave; or

(b) notify the Botswana Police Service to assist in evicting the excluded person from the premises if the excluded person refuses to comply with the request to leave the premises; and

(3) A licensee who knowingly allows an excluded person to partake in any gambling activity or to enter the licensee’s premises from which the excluded person is excluded, commits an offence.

93. Promotional material not to be sent to excluded persons

A licensee who sends promotional material on gambling activities played at the licensee’s gambling establishment to an excluded person, commits an offence and is liable to a fine not exceeding P5 000 or to a term not exceeding six months, or to both.

94. Cancellation of registration as excluded person

An excluded person may apply to the Authority in Form 47 set out in Schedule 12 for the cancellation of his or her registration as an excluded person where such person was registered as an excluded person by the Authority under regulation 89(7).

PART XIII
Lotteries

95. Application for licence to operate National Lottery

A person who wishes to operate or conduct the National Lottery shall make an application to the Authority in Form 48 set out in Schedule 13, and such application shall be accompanied by the fee prescribed under Schedule 14.

96. Grant of licence

Subject to the provisions of section 62 of the Act, the Authority may grant a licence to operate the National Lottery in Form 49 set out in Schedule 13 where the applicant satisfies the following conditions—

(a) that the applicant has sufficient knowledge or experience to conduct the National Lottery;

(b) that the applicant has the necessary financial and other resources to conduct the National Lottery; and

97. ...

98. Duplicate licence

(1) A person licensed in terms of this Part may make an application to the Authority in Form 51 set out in Schedule 13 for a duplicate National Lottery licence where the original licence is lost, destroyed or mutilated.

(2) An application made in accordance with subregulation (1) shall be accompanied by the fee prescribed under Schedule 14.

99. Transfer of licence

A person who has been granted a licence to operate the National Lottery, may make an application to the Authority in Form 52 set out in Schedule 13 for the licence to be transferred to another person, upon payment of the fee prescribed under Schedule 14.

100. Institutions which can operate lottery other than National Lottery

(1) The Authority may, on application, in writing, by an institution or organisation, authorise such institution or organisation to operate a lottery other than the National Lottery.

(2) The Authority shall determine the category of charitable institutions or organisations that may be authorised to operate a lottery other than the National Lottery.

PART XIV
Advertising

101. Undesirable advertising

(1) An advertisement of a gambling activity shall not—

(a) contain any lewd or indecent language, images or actions;

(b) promote excessive play;

(d) present any game, directly or indirectly, as a potential means of relieving financial or personal difficulties;

(e) portray gambling as a means of recovering past gambling or other financial losses;

(f) contain claims or representation that gambling activities guarantee personal, financial or social success;

(g) represent or imply that—

(i) gambling is an alternative to employment or a means of acquiring financial security,

(ii) winning is the probable outcome of gambling,

(iii) gambling primarily involves skill,

(iv) gambling is a form of investment, or

(v) the more or longer one engages in gambling, the greater the chances of winning;

(h) portray or contain persons or characters engaged in gambling who are, or who appear to be under the age of 18 years; or

(i) be placed in media primarily directed at persons under the age of 18 years.

(2) The Authority may, where it believes that an advertisement, publication or broadcasting of any form is in contravention of this Part, order a licensee to take down the advertisement, publication or broadcasting, pending any dispute that may arise with regards to whether such advertisement, publication or broadcasting is in fact in contravention of this Part.

(3) An order made by the Authority in terms of subregulation (2) may be made in the absence of the licensee or any interested party, and an official appointed in regulation 117(1) shall execute the order.

(4) A licensee or any interested party who does not execute an order made in terms of subregulation (2) commits an offence.

102. Statement to be advertised on dangers of gambling

(1) An advertisement of a gambling machine or device, gambling activity or licensed premises at which gambling activities are available shall include a statement warning against the dangers of addictive and compulsive gambling, and the statement shall—

(a) be in a font of at least the same size as the font used for the body of the advertisement;

(b) incorporate the name, toll-free number and slogan of the Excessive Gambling Prevention and Rehabilitation Committee;

(c) in respect of any printed or electronic mail advertisement, contain a reference to the fact that only persons of the age of 18 years or older may lawfully participate in gambling;

(d) in respect of any video or television advertisement, be published in visual format so that each slogan appears in a legible and noticeable format for a reasonable period of time in the video or television advertisement;

(e) in respect of a radio advertisement or voice message on a telephone sent to the public, be in a clearly audible format;

(f) in respect of an advertisement appearing on a billboard, web page or multi-page pamphlet, be displayed on at least ten per cent of the surface of the billboard, the home page of the web page or the front page of a multi-page pamphlet; and

(g) contain such other information as may be applicable in terms of the Act and these Regulations.

(2) The provisions of subregulation (1) shall not apply to advertisements in respect of—

(a) gambling machines or devices placed in trade publications targeted at licensees;

(b) facilities or amenities located or offered in or on licensed gambling premises but which are unrelated to gambling activities; and

103. Facilities where advertising is prohibited

An advertisement in respect of a gambling activity shall not be placed or displayed—

(a) at venues where the audience may reasonably be expected to be under the age of 18 years; or

(b) on outdoor displays directed at educational institutions or at facilities where persons under the age of 18 years usually convene.

104. Relationship with advertising regulator

The Authority may refer any matter relating to advertising to the Botswana Communications Regulatory Authority established under the Communications Regulatory Authority Act.

PART XV
Addictive and compulsive gambling

105. Recording of problem gambling incidents

(1) A licensee under these Regulations shall keep a record of—

(a) anyone on the premises of the licensee who shows signs of addictive and compulsive gambling; and

(b) any action taken by the licensee in relation to the person.

(2) The record under subregulation (1) shall include the following particulars—

(a) the date and nature of an incident caused by the person believed to have a gambling problem;

(b) the name and address, if known, or description of the person in relation to whom action was taken against; and

106. Gambling premises to have gambling contact officer

(1) A licensee under these Regulations shall appoint a gambling contact officer, who may be appointed from among the key employees of the licensee.

(2) The functions of a gambling contact officer shall be—

(a) to record details of complaints being made about persons alleged to have a gambling problem on the licensee’s premises; and

(b) to refer complaints made about persons alleged to have a gambling problem to the Excessive Gambling Prevention and Rehabilitation Committee.

107. Dealing with people with gambling problems

A gambling contact officer shall take reasonable steps, in relation to a person who is identified as having a possible gambling problem, to—

(a) discuss the gambling problem with the person as soon as possible; or

(b) provide advice or information to the person about counselling and advisory services available from organisations provided for under section 115 of the Act, and any other appropriate action that the person may undertake including the person notifying the Authority of the intention to be registered as an excluded person.

PART XVI
Financial and Administration provisions

108. Payment of licence levy

(1) A licensee under these Regulations shall pay a licence levy calculated at a rate specified in Schedule 15 of the licensee’s gross gambling revenue derived from gambling activities.

(2) A licensee shall pay to the Authority the licence levy specified under subregulation (1) during the subsistence of a licensee’s licence, on or before the first day of each month that the licence subsists.

(3) The Authority may impose a penalty on a licensee on the amount of the licence levy outstanding at a rate of two per cent of the licence levy for each week during which the licence levy remains outstanding.

(4) Subject to subregulation (3), the penalty imposed shall not exceed twice the amount of the licence levy in respect of which such penalty is payable.

(5) Where the Authority is satisfied that a failure by a licensee to pay the licence levy within the period specified under subregulation (2) is not due to an intention to avoid or postpone liability for payment of the amount due, the Authority may remit in whole or in part, any penalty payable in terms of this regulation.

109. Contribution to the Excessive Gambling Prevention and Rehabilitation Committee

A licensee shall, in addition to the levy provided in Excessive Gambling regulation 108, contribute five per cent of its gross revenue to a programme aimed at supporting responsible gambling monitored by the Excessive Gambling Prevention and Rehabilitation Committee.

110. Imposition of civil penalties by Authority

(1) The Authority may impose upon a licensee, a civil penalty not exceeding two per cent of the payable levy under regulation 108 for each day that the licensee is in default of submitting the auditor’s report, annual report and any other reports, required under regulations 80 and 81 within the stipulated period.

(2) The Authority may impose a civil penalty on a licensee, not exceeding P2 000 for each day that the breach of any of the conditions of a licensee’s licence continues.

(3) A licensee shall pay to the Authority, the penalties imposed under subregulations (1) and (2) within 14 days of the imposition of the penalties.

(4) Where a licensee fails to pay a civil penalty imposed by the Authority after the period of 14 days has lapsed, the Authority may—

(a) impose such further terms and conditions on the licence as the Authority may deem appropriate;

(b) revoke the licence in accordance with section 41 of the Act; or

(6) In any proceedings for the recovery of a civil penalty imposed under this regulation, the certificate of the Chairperson of the Board as to the amount owing shall be conclusive evidence of such amount owed by the licensee.

PART XVII
Miscellaneous provisions

111. Unlawful winnings

(1) A licensee shall remit to the Authority any winnings which the licensee deems unlawful in the form set out under Schedule 16, which form shall specify—

(a) the name of the patron to whom the winnings accrued;

(b) the name and licence number of the licensee of the premises at which the winning bet was struck;

(d) the amount of the winnings concerned.

(2) A licensee who remits unlawful winnings to the Authority under this regulation shall provide any further information reasonably required by the Authority to satisfactorily conclude any investigations carried out by the Authority.

112. Prohibition of fraudulent acts

(1) A person shall not—

(a) place, increase or decrease a bet or determine the course of play after acquiring knowledge of the outcome of a game or any event that affects the outcome of a game or which is the subject of the bet, which may or may not be available to all players;

(b) aid any person in acquiring knowledge on the outcome of a game or any event that affects the outcome of a game or which is the subject of a bet for the placing, increasing or decreasing of the bet or determining the course of play contingent upon that event or outcome;

(c) claim or collect, or attempt to claim or collect money or anything of value in respect of a gambling activity without having made a wager contingent upon the activity, or to claim or collect an amount greater than an amount that such person has won;

(d) manipulate, with the intent to cheat, any component of a gambling machine or device in a manner contrary to the designed and normal operational purpose of the component, with the knowledge that the manipulation affects the outcome of a game, or with the knowledge of any event that affects the outcome of a game or the amounts to be lost or to be won; or

(e) reduce the amount wagered or cancel the bet after acquiring knowledge of the outcome of a gambling activity or other event which is the subject of the bet.

(2) A person who contravenes the provisions of subregulation (1), commits an offence and is liable to a fine not exceeding P5 000 or to a term not exceeding six months, or to both.

113. Prohibition on use of certain devices

(1) A person shall not, at any licensed premises, use or possess any device which may assist the person in—

(a) projecting the outcome of a game;

(b) keeping track of cards played at card games;

(d) analysing the strategy for playing or betting to be used in a game, except as approved by the Authority upon the written request of the licensee.

(2) A person who contravenes the provisions of subregulation (1) commits an offence and is liable to a fine not exceeding P5 000 or to a term not exceeding six months, or to both.

114. Exclusion of persons from gambling premises for misconduct

(1) A licensee or the licensee’s employees may remove and exclude any person from the licensee’s premises for a period not exceeding 12 months for behaviour which offends against decency, dignity, good taste or honesty.

(2) Where a licensee excludes a person from the licensed premises for any period of time, the licensee shall notify the person, in writing, of the exclusion from the licensed premises and the reasons for the exclusion from the premises, as soon as the decision to exclude the person is made by the licensee.

(3) A licensee who excludes a person from the licensed premises under subregulation (1) shall notify the Authority of the decision to exclude such person and in addition shall forward a copy of the notice of exclusion to the Authority, within seven days of the notice being issued to the person.

(4) A person excluded from licensed premises may make a written representation to the Authority for a review of the decision of the licensee to exclude such person, within 14 days of the person receiving the notice of exclusion.

(5) The Authority may confirm or set aside the decision of the licensee to exclude a person from the licensed premises and either the licensee or the person excluded, may further appeal the decision of the Authority to the Minister, within 14 days of the decision of the Authority.

115. Restriction on number of licences issued

The Authority may restrict the issuance of additional licences to licensees in the gambling industry on the following grounds—

(a) by taking into account the existing licensees operating within the country, the duration of the licences under which the licensees operate and the number of licences available to be issued;

(b) to address the incidence and social consequences of addictive and compulsive gambling;

(d) to promote job creations, diversity of ownership, efficiency of operations and competition in the gambling industry.

116. Resolution of disputes

(1) Where a dispute arises between a licensee and a patron with regards to the payment of alleged winnings or the precise amount of winnings to be paid to the patron by the licensee, or payment of a gambling debt or the precise amount of a gambling debt owed by the patron to the licensee and both parties are unable to resolve the dispute, either party to the dispute may refer the dispute to the Authority for resolution.

(2) Where a dispute is referred to the Authority under subregulation (1), the Authority may conduct such enquiries, inspect any books or documents and interview any person as well as give both parties an opportunity to present their case, as is necessary to resolve the dispute.

(3) The Authority shall notify the parties to a dispute, in writing, of its decision regarding the dispute, within seven days, and a party aggrieved by the decision, may within 14 days of the notification of the decision, lodge an appeal, in writing, to the Minister.

(4) A patron or a licensee against whom a decision has been made by the Minister on appeal, shall be obliged to pay the winnings or gambling debt, as the case may be, in terms of the order of the Minister.

117. Investigations, reporting and powers of entry, etc.

(1) The Minister may, after consultation with the Authority, appoint an official to conduct an investigation and report on the affairs of any licensee suspected of—

(a) contravening the conditions of the licence issued to the licensee;

(b) contravening the provisions of the Act or these Regulations; or

(2) An official appointed under subregulation (1) shall—

(a) carry an identity card stating the particulars of his or her appointment when exercising his or her powers; and

(b) on production, if requested, of the identity card and a warrant issued by a magistrate, enter, at any time, the premises of the licensee or any place where the official has reason to believe that gambling activities are conducted, with or without the consent of the licensee.

(3) The official conducting an investigation under this regulation may—

(a) search all or any part of the licensed premises of the licensee who is the subject of the investigation;

(b) take any item or a sample of an item found at the licensed premises of the licensee for analysis or testing;

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