ODL

Gambling Act 2005

• Operating licence
• The Gamnbling Commission

Bookmakers can be defined as individuals or companies that take wagers from the public and negotiate the odds in betting

Personal licence

Prevent gambling being a source of crime or disorder, associated with crime or disorder or used to support crime

Gambling conducted in a fair and open way

Protect children and vulnerable persons being harmed or exploited

Licenced betting offices CLOSED between 10pm and 7am

Closed Xmas day

Rules of betting on premises

No-one under 18 permitted, displayed in prominent place at every entrance

No alcohol sold or permitted, displayed in prominent place at every entrance

No entertainment to be provided

Only covering sporting events or info relating to betting

Constable may enter premises if he reasonably suspects that an offence under this Act may be:

• (a) being committed on the premises
• or
• (b) about to be committed on the premises.

Constable suspects that facilities for gambling other than private and non-commercial gaming or betting may be being provided, may be about to be provided or have been provided, on the premises, they may enter premises for the following purposes:

(a) to discover whether facilities for gambling other than privateand non-commercial gaming or betting are being provided, are about to be provided or have been provided on the premises

(b) to determine whether an operating licence or premises licence is held in respect of the provision of facilities for gambling on the premises

(c) to determine whether facilities are being, will be or have been provided in accordance with the terms and conditions of anoperating licence or premises licence

Constable may enter premises he reasonably believes to be used by the holder of an operating licence wholly or partly for purposes connected with the licensed activities to determine whether the licensed activities are being carried on in accordance with the terms and conditions of the operating licence.

No operators licence or in breach of conditions

Offence for any person to provide facilities for gambling if they are not the holder of an operators licence or if such a holder, in breach of any condition attached to it.

No premises licence or in breach of conditions

Offence for any person to use a premises for betting unless it is covered by a premises licence or in breach of a condition attached to it.

Offence for a person to invite, cause or permit a child (<16) or young person (16-18) to gamble

Offence for a young person (16-18) to gamble

The Dogs Act 1906

Environmental Act 1990

• Return it to its owner (if known)
• or
• Hand it over to the local authority officer (Dog Warden)
• or
• Take it to the police station and either:
• a) Hand it over to the police
• or
• b) Offer to keep the dog.

Description of animal

Date of seizure

How animal disposed of (eg. dog pound)

7 days

1 month

2 months

The Dogs Fouling (Scotland) Act 2003

Fail to remove or dispose of dogs excrement without reasonable excuse or consent of land owner/occupier

Fail to give name and address to authorised local authority officer

Dogs Act 1871

Dangerous Dogs Act 1991

Offence to keep a dog which is dangerous and not kept under proper control

Offence for owner or person in charge to allow dog to be dangerously out of control in public

Offence for owner or person in charge to allow dog to enter any place not permitted and while there:

Injure any person

Reason to believe it will do so

Dog was out of control

AND

Lack of control was dangerous

• Pit Bull terrier
• Japanese Tosa
• Fila Braziliero
• Dogo Argentino

Section 1 Dogs

Breed or breed

Sell or exchange, offer, advertise

Gift

Muzzle & lead in public

Abandon or allow to stray

Any person to have Section 1 dog in possession or custody

• Unless:
• Seized under powers of act
• Held under destruction order
• exempted under Act

Police notified

Exemption certificate

Tattoo

Fee paid

3rd party Insurance

Certificate requirements complied with

Spayed/Neutered

Transponder (microchip)

Police & Index of Exempted Dogs

Kept secure to prevent escape

Muzzle & lead in public

3rd party insurance

Show cert to police or local authority (within 5 days of request) - allow tattoo and chip to be read

Index of Exempted Dogs notified of dog address change for >30 days

Index of Exempted Dogs notified of dog death or export

Constable or local authority dog warden may seize dog in public place which appears to be:

Section 1 & not complying with exempted conditions

Dog dangerously out of control

No power to enter private place without warrant

Sheriff or JOP issue warrant to enter (force) & search premises - seize dog or any other thing related

Hawking, selling or offering or exposing for sale any item

Offer to carry out, or carry out any service for money or moneys worth

• from vehicle, kiosk or moveable stall not entered in valuation roll
• Civic Government (Scotland) Act 1982 Section 39(2)

Sale of newspapers only

Sale of milk _{(by or on behalf of reg. person under Sec 19 Food Safety Act 1990)}

Sale of coal, coke or coal derived fuel

Activity covered by granted Pedlars Act 1871certificate

Any activity in respect of which a licence is required under this act apart from this section

Organising or participating in public charatable collection

17

Civic Government S(Scotland) Act 1982 Section 7

Failing to produce licence when required by police of council official

Failing to display street traders badge on outermost garment

Trading in area not covered by licence

A market

whether covered or not

carried on by any person other than local authority

at which goods are offered

by more than one seller

for sale by retail to the public

Market operators licence

Section 40 Civic Government (Scotland) Act 1982

• Public market
• Charitable
• Religious
• Youth
• Community
• Political
• Recreational

• and markets for sale of:
• Livestock
• Fodder
• Grain

Pedlars Act 1871

Goods must be carried for immediate delivery

Offering sale of skills

Trades on foot

17+

Pedlars certificate

Issued by Chief Constable

Valid full UK for 1 year

Animal Health and Welfare (Scotland) Act 2006

Protection of Animals (Scotland) Act 1912

A vertebrate (any creature with a backbone) excluding humans

Not vertebrates in embryonic or foetal form

A ‘Protected Animal’ is one which is commonly domesticated in the British Isles, under control of man on a permanent or temporary basis i.e. not living in a wild state.

Unnecessary Suffering

A person commits this offence if they cause a protected animal unnecessary suffering by an act which they knew or ought to have reasonably known, that what they were doing would cause such suffering or would be likely to do so.

Suffering in this instance includes mental as well as physical suffering. (This would include things such as beating, kicking, torture, leaving a dog in car on a warm sunny day without adequate ventilation and/or water, overloading a lorry with sheep or pigs for Transportation etc).

Responsibility for Animals

This is a person, who is responsible for an animal on a permanent or temporary basis.

It also includes being in charge of it, however,the person who actually owns the animal is ALWAYS regarded as being responsible for it.

• A person under the age of 16 years of age cannot be responsible for an animal.
• The person who has care or control of the under 16 year old is responsible for any animal an under 16 year old has in their care or charge.

A person who owns an animal and then abandons it does not relinquish responsibility for its welfare

Ensuring the Welfare of Animals

A person who is responsible for an animal commits an offence if they do not take steps that are reasonable in the circumstances to ensure that the needs of an animal are met as required by good practice.

An animal fight is any occasion on which a protected animal is placed with an animal, or with a human, for the purpose of fighting,wrestling or baiting.

It is an offence for a person to keep or train an animal for an animal fight, or possess without lawful authority or reasonable excuse any equipment which is designed or adapted for use in an animal fight

A person commits an offence if that person:

Causes an animal fight to take place

Arranges an animal fight

Participates in making, carrying out arrangements for an animal fight

Allows premises to be used for or charging admission to attend an animal fight

Makes or accepts a bet on the outcome of an animal fight

Bets on the likelihood of anything occurring (or not) in the course of an animal fight

Or simply takes part in an animal fight

Being present at an animal fight

A person (including a person who is responsible for an animal) commits an offence if without lawful authority or reasonable excuse they:

Administer a poisonous or injurious drug or substance to aprotected animal

Cause such a drug or substance to be taken by a protected animal

Permit another person to administer poisonous or an injurious substance to an animal

Fail to take reasonable steps to prevent that from happening

Sale/gift poisonous grain/seed

Knowingly puts poison/fluid/edible matter rendered poisonous

* Upon Summary conviction liable to a fine

Offence is committed if a person carries out a prohibited procedure on a protected animal or causes or permits a prohibited procedure to be carried out on a protected animal by another person or fails to take steps which are reasonable in the circumstances to prevent that from happening.

It is also an offence to take or cause a protected animal to be taken out of Scotland for the purpose of having a prohibited procedurecarried out.

A person commits an offence if they perform an operation on a protected animal without due care and humanity or to allow another person to do so or take reasonable steps to prevent that from happening.

If a person, without reasonable excuse, abandons an animal for which they are responsible in circumstances which is likely to cause it unnecessary suffering they commit this offence.

It is an offence to sell an animal to a person who is under 16 years of age.

It is also an offence to offer or give another person an animal as a prize (so no more goldfish to be won at the fair).

** This does not apply in a family situation i.e. a young person is offered a pet as a reward for passing an exam.

PC or Inspector find protected animal suffering you may take or take steps to arrange taking to alleviate suffering - does not authorise desturction

Owners consent not required

If a vet condition of protected animal requires destruction you may do so where it is, take it elsewhere or make arrangements

Consent of owner not required

If a person is convicted of a ‘relevant offence’, the court may decide to make a deprivation order in relation to any animal to which the offence was committed.

• A deprivation order will deprive a person of possession or ownership (or both) of an animal and can order the destruction, sale or another way of disposing of the animal concerned.
• It will also make provision for any dependent offspring of an animal to which it applies.

A deprivation order may also include provision which appoints a person who is to ensure that the provision is carried out and includes a requirement for the person who possesses the animal to which the order applies to give it up to the appointed person or any person acting on their behalf (eg SSPCA or similar body).

It will also authorise entry to any premises where an animal to which the order applies is kept for the purpose of securing that the order is carried out.

The order may make provision for the requirement the reimbursement of expenses incurred in carrying out the order and how any of the proceeds gained by the disposal may be retained i.e.if the animal is sold, the money of the sale may be directed to an animal charity such as the SSPCA

• a) Owning or keeping an animal (or both)
• b) Dealing in animals
• c) Transporting animals
• d) Working with or using animals
• e) Riding or driving animals
• f) Providing any service relating to animals (in particular their care) which involves taking possession of animals
• g) Taking possession of animals for any activity in respect of thedisqualifications mentioned above
• h) Taking charge of animals for any or any other purpose.

Animal (inc. carcass)

Equipment

Document

M/V used for carrying passengers for hire or reward

Adapted to carry 9 or more passengers

Adapted for 8 or less passengers will carry them at seperate fares

No definition exists but

M/V capable of carrying 9 or more passengers (at least 10 seats inc. drivers)

Never for hire or reward

Category D

• Historic buses
• Permit buses
• Driven by LGV licence holder upto 8 persons (no hire/reward)
• Driven away by police

21

• 18 when:
• Learning to drive Cat D under supervision of cat D holder

Taking test for Cat D

Cat D but not carrying passengers

Cat D and carrying passengers under operators licence, small/large bus permite or community bus permit

PSV Operators Licence

Traffic Commisioner of area

Operators name

Licence number

Expiry date (normally valid 5 years)

Annually

1 year old

*Less than 8 passenger seats : Annually and every 3 years

Not used on a regular route regardless of distance

• Records:
• Speed, time, distance, rest periods

Full driving licence (with PCV entitlement) - 7 days

Certificate of Insurance - 7 days

PCV test certificate - 7 days

Operators licence - 14 days

Operators licence identity disc - 14 days

1. The driver, conductor or inspector failing to ensure the safetyof passengers. Eg driver speaking to passengers whilst the vehicle in motion

• 2. The driver, conductor or inspector shall not smoke in or on a vehicle except:
• a) when not available for the carriage of passengers and the person is in any part of the vehicle where smoking is not prohibited
• b) with the permission of the operator and the agreement of the hirer when the vehicle is hired as a whole.

3. Avoiding payment of fare.

4. Wilfully do anything to the vehicle or it’s equipment which is calculated to obstruct or interfere with the working of the vehicle or to cause injury or discomfort to any person.

No power of arrest - revert to common law if appropriate

The Zebra, Pelican and Puffin Pedestrian Crossings Regulations 1997

Road Traffic Regulation Act 1984

Uncontrolled crossing

No traffic lights

B&W stripes

Orange flashing beacons

Pedestrians right of way when step onto

Pedestrian Light Controlled Crossings

Traffic lights

Press button on wait box

Green man

Don't cross on green man flashing

Pedestrian User Friendly Intelligent Crossings

Red & Green man on wait box

Pedestrian presence Matt Detectors

On crossing radar

Two Can Cross

Cyclists don't need to dismount

Green & red man on box

Sensors

Any person driving or propelling a vehicle to fail to stop before reaching the crossing when the prescribed sign is exhibited

Any person driving or propelling a vehicle having stopped for a school crossing patrol then traverses the crossing whilst the prescribed sign is still exhibited commits an offence.

Stopping Within the Limits of a Pedestrian Crossing.

Stopping Within a Zebra or Pelican/Puffin Controlled Area

Civic Goverment (Scotland) Act 1982

A person carrying on a business as a dealer in 2nd hand goods or articles of any description

Local authority

Info to be kept in records

Premises where they are to be left

Period for which they are to be kept

Not dispose of any item of stock in trade until 48 hours (exc Sat & Sun) after aquired

*Not applied to anything bought and not brought to premises

Local authority

Pawn brokers

Dealers purchasing from licensed 2nd hand dealers

Charities

Finance companies repossesing under Consumer Credit Act 1974

mileage

odometer

A person who carries on a business consisting wholly or partly of buying and selling scrap metal

Section 37 Civic Government (Scotland) Act 1982

Records of all transactions

Proper register on numbered pages

Transactions recorded immediately

Records maintained for 2 years

*Records must be kept at each place dealer conducts business

Description

Weight

Price

Name & Address of seller

Reg mark of delivery vehicle

Date of transaction

£100,000

Expiry of 48 hours, excluding Sat & Sun, after acquired

Stop the disposal of any metal until 7 days after it was bought

6 months

Description of the metal

Quantity of the metal

Name and address of person selling and/or buying metal

16 years old

Offence in relation to keeping records

Operating as a dealer without a licence

2nd hand dealers are provided with powers:

If during the course of their business they are offered ANY item which the dealer suspects is stolen, they may detain the suspect as long as is reasonably possible neccessary for attendance of police

* also applies to anyone giving false name and address

When arrived at premises:

Arrest and seize suspect goods

Constable to enter and inspect any premises or vehicle used in an activity relating to the above dealers at any reasonable time

Also enter and inspect any records or stock being filed

M/V constructed or adapted for use for the carriage of goods

7.5 tonnes +

Rigid

Rigid with a draw bar trailer (trailer pulled by a rigid vehicle)

Articulated vehicle

A vehicle drawn by a M/V

M/V (tractive unit) and a trailer (semi trailer) attached by 5th wheel coupling so front part of trailer is superimposed unto back part of tractive unit through this coupling

Constructed/adapted to carry/haul goods

Upto 9 passengers (inc driver)

3.5 - 7.5 tonnes

C

3.5 tonnes + max auth mass

Trailer 750kg loaded

Min age 21

C1

3.5 - 7.5 tonnes

Drawing of trailer max auth mass 750kg

Min age 18 y.o.

Mechanically propelled goods vehicles exceeding 3.5 tonnes

Drawbar trailers exceeding 1020kg unladen

Tractive units and trailers (any weight)

12 months

Date of first registration

12 months

From first retail sale

*Trailers also issued with "test date reminder disc" - display on trailer so seen from nearside

All rigid good vehicles

All trailers exceeding 1020kg unladen weight

All goods pulling vehicles

Tractive units of artic

Rigid goods vehicles over 3.5 tonnes

Some trailers

Draw bar trailers over 1020kg unladen weight

Convertor dollies manu on or after 01/01/79

Serial Number of plating cert

Dept of Transport ref number

Reg number or trailer ID

Year of manufacture

Function

Cassis or serial number

Unladen weight

Make and model of vehicle

Weight not to be exceeded in UK

Design weight

Gross weight

Train weight

Date of issue

Constable in uniform req driver of goods vehicle on a road to take vehicle to place of inspection within 5 miles

Allows a constable who has a special authorisation from their Chief Constable to require a person in charge of a goods vehicle to proceed to a place where it can be weighed.

Most goods vehicles over 3.5 tonnes

Carry goods or burden connected with any trade or business if they use a motor vehicle on the road with:

Gross plated weight of more than 3.5 tonnes

Has no gross plated weight, an unladen weight of more than 1525kg

* regardless of time used to carry goods

Restricted (ORANGE - carry own goods only in GB only)

Standard National (BLUE - own or others goods for hire/reward in GB only)

Standard International (GREEN - own or others goods for hire/reward Internationally)

Parking heavy commercial vehicle wholly or partly on:

Verge

Land between carriageways

Footway

Is guilty of affence

Any goods vehicle with operating weight exceeding 7.5 tonnes

offence for a person to

drive on a road a motor vehicle of any class if he is not the holder of a licence authorising him to drive a motor vehicle of that class.