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THE KEMPTON PARK
CONTROVERSY.
HOUSE OF LORDS DEFINE A
PLACE." The
House of Lords has dealt with
the long standing Kempton-park case,
and decided that the bookmakers'
enclosure at Kempton-park racecourse
is not " a place within the meaning of
the Act." The
case was an appeal against a
decision of local Justices of the Peace
in the matter of Powell v. Kempton
Park Racecourse Co., heard in 1807, the
Court of Appeal holding that the
" place " contemplated by the Betting
Act of 1863, sections 1 and 3 is a place
which is analogous in its character and
use to a betting house or office, and this
conclusion has now been affirmed by
the House of Lords.
[In the initial proceedings a number of
professional bookmakers, who were admitted
to an enclosure on the same terms
as the general public, and who had no interest
in or control over the enclosure or
any special rights therein, had plied their
vocation, making bets with the public, who
went there for the purpose of backing
horses running in races announced on the
day's programme. No betting lists were
exhibited, but the bookmakers called out
the odds and were assisted by clerks in
their transactions. This was objected to
by members of the Anti-Gambling Association
as a contravention of the Betting
Act, and the local justices upheld the contention
that the uncovered enclosure was a
" place " within the meaning of the Act,
and that betting therein was unlawful.]
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