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Obligation to provide facility to enable participant to set monetary limit
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164. (1) A licensee to whom this Chapter applies shall provide a participant with a facility which enables a monetary limit to be set on—
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(a) the amount a participant may pay to participate in any individual relevant gambling activity, or
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(b) the total amount a participant may pay to participate in all relevant gambling activities provided by the relevant licensee.
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(2) Where a monetary limit is set by a participant under subsection (1), it shall be set for a period specified by the participant during which period a relevant licensee shall not permit the participant to remove or increase the limit set.
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(3) A licensee shall not, during the period specified by a participant under subsection (2)—
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(a) provide a relevant gambling activity to that participant where participation in the relevant gambling activity means that he or she will exceed the monetary limit he or she has set under subsection (1), or
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(b) communicate with the participant in a manner that invites (or has the effect of inviting) him or her to participate in a relevant gambling activity or that advertises a relevant gambling activity to that participant.
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(4) Where a participant utilises a facility set out in subsection (1), the licensee concerned shall refund to the participant any relevant payment made in excess of the limit referred to in that subsection during the period specified under subsection (2) within 7 days of the limit being so exceeded.
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(5) The Authority may prescribe the means by which a licensee to whom this Chapter applies shall provide the facility referred to in subsection (1).
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(6) A licensee who fails to comply with a provision of this section is guilty of an offence and is liable—
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(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or
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(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both.
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