Seay v Eastwood and Another

[1976] 3 ALLER 153

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(Decision by: Lord Kilbrandon)

Seay
vEastwood and Another

Court:

Judges: Lord Wilberforce
Lord Simon of Glaisdale

Lord KilbrandonLord Salmon
Lord Russell of Killowen

Legislative References:
Betting Act 1853 - s 1
Gaming Houses Act 1854 - The Act
Betting and Lotteries (Northern Ireland) Act 1957 - The Act

Case References:
Peers v Caldwell - [1916] 1 KB 371; [1914-15] All ER Rep 497

Hearing date: 5, 6 July 1976
Judgment date: 28 July 1976

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Decision by:
Lord Kilbrandon

My Lords, I have had the advantage of reading the speech prepared by my noble and learned friend, Lord Russell of Killowen. I agree with his conclusions. I shall state my own opinion in a single sentence. When the occupier of premises installs a gaming machine therein for the entertainment of visitors, and recoups himself by arranging that the machine shall reserve to him a percentage of the sums paid by the visitors for the privilege of working the machine--and that is all that the facts in the present appeal disclose--there is no usage of the English language which will permit it to be said that the owner had made or organised bets between himself and the visitors.