Breda has a written authorisation from the Organising Committee which states that she is authorised,

under s.10, to sell Games tickets from her website Bredasbiz to United Kingdom (UK) nationals only.
Breda does not restrict ticket sales to UK nationals. She sells 300 tickets to Australian nationals, 400
tickets to Pakistani nationals and just 50 tickets to UK nationals via her website. Keen to increase her
profits, Breda asks Lewis, her husband, to help promote ticket sales through the gym wear range he had
designed to celebrate the Commonwealth Games for his fashion brand Lewis Vitony. Lewis places a video
on his website featuring his gym wear range with images of Games tickets raining down on those
modelling the clothing and including the text "Special promotion - the first 500 customers to buy three
items from the Lewis Vitony gym wear range will receive a free Games ticket". The video also includes a
hyperlink to Bredasbiz website for those UK nationals who want to buy tickets directly. Lewis gives away
500 tickets through the promotion.

(a) Explain whether Breda has committed an offence under s.10 in respect of the Games tickets she sold
via her website to UK nationals.

(b) Explain whether Breda has committed an offence under s.10 in respect of the Games tickets she sold
via her website to Australian and Pakistani nationals.

(c) Explain whether Lewis has committed an offence under s.10 in respect of the "Special promotion" on
his website and the Games tickets he gave away as part of the Lewis Vitony gym wear promotion.

Part A

Whether Organizing committee has power to give authorization with regards to Touting the Games
Ticket? Per section 12 of Act, Organizing committee can grant authorization to “a person or person of
having specific description, subject to conditions”.In this case, as the organizing committee has given
Breda written authorization to sell games ticket through her website only to UK nationals section 12
requirements are established and he will not be Breda will not be liable for selling to UK nationals.

Part B

To determine, whether Breda is touting a game ticket or not, section 10 of the act will be considered
exhaustively in this part of answer. Scheme enumerated under section 10 requires firstly that there must
be a game ticket per section 10(6) of Act. Per tools of interpretation, any item which seems to be like a
game ticket qualify the legal threshold of “Game Ticket”. In this scenario, Breda is selling games tickets
through her website as it can be seen she has official permission to sell games tickets. Therefore
section 10(6) is established.

Now this part of question whether selling tickets to Pakistani and Australian nationals amounts to
touting a Game Ticket? Determination will be made while considering the statutory provisions of 10(2)
and (3) of the Act. Per joint interpretation and statutory scheme under section 10 (2) and 10(3), activity
which meet the requirements of “Selling, offering to sell, exposing or advertising the games ticket on
public place, during the course of business, or with intent to claim super profits to any third party”
amount to touting a Game ticket. Per facts of question, as Breda is sold 700 games tickets through her
website 300 to Pakistani Nationals and 400 to Australian Nationals falling under S10(3)(a), not only
selling by using her website she will be liable for advertising and offering to sell games tickets through
her website establishing section 10(3)(b) and S10(3)(d). This can be seen as her making a profit by
selling tickets, and increasing her website reaches by applying S10(2)(a)(i) and S10(2)(a)(ii). Through
her website, she is touting in public places establishing section 10(2)(a)(iii).

Now this part of question, whether Breda has authorization to sell games tickets to other than UK
nationals as per section 10(2)(b). Section 10(2)(b) clearly and specifically recognizes that activities which
meet the requirements of “Selling, offering to sell, exposing or advertising the games ticket on public
place, during the course of business, or with intent to claim super profits to any third party” and
authorized by Organizing committee cannot be contemplated as Touting a Game Ticket. In this case
Breda's written authorization says she can only sell games tickets through her website and only to UK
national people but she has exceeded her permissions according to her authorization hence fulfilling
requirements of section S10(2)(b) so it can be said Breda is Touting games tickets Hence she will be
liable under Section 10(1) in respect of the Games tickets she sold via her website to Australian and
Pakistani nationals.

Part C

As Lweis is using tickets that were provided by Breda, therefore, these tickets are Also Games tickets
satisfying S10(6).

Whether Lewis is touting games tickets or not we