Adam has written authorization from the Organizing Committee which states that he is

authorized, under s.10, to sell Games tickets from his business premises at 1, Oldroyd Row. The
Games tickets do not sell as well as Adam had expected so Adam sets up a website to sell
Games tickets. Adam sells 50 tickets from his business premises and 600 via his website. Adam
gives 100 tickets to Vera, his wife, a fashion designer, and boutique owner saying, ‘I need to find
more unofficial ways of selling these tickets’. Vera decides to use the tickets to promote her
Verasarchi clothing range and so she dresses two mannequins in Verasarchi outfits and places
them in her shop window. One mannequin is positioned looking up at a large poster promoting
the website where Adam sells Games tickets. The other mannequin is holding a Games ticket in
its left hand and a placard in its righthand which states, ‘Buy any three items from the
Verasarchi range and get a free Games ticket’. Vera gave away 11 tickets as part of her
Verasarchi promotion.
a) Explain whether Adam has committed an offence under s.10 in respect of the Games tickets
he sold from 1, Oldroyd Row.
Ans:

b) Explain whether Adam has committed an offence under s.10 in respect of the Games
tickets he sold from his website.
Ans:
Whether Organizing committee have the power to give authorization with regard to Touting the Games
Ticket? Per section 12 of the Act, the Organizing Committee can grant authorization to “a person or
person of having specific description, subject to conditions”. Moreover, the Organizing Committee has
power to revoke the authorization granted per section 12(1)(c) of the Act. In this case, Adam has written
authorization from the organizing committee only to sell on his business premises that is 1, Oldroyd Row
but as he is selling through his website exceeding his permission he will be liable under S10 (1).

c) Explain whether Vera has committed an offence under s.10 in respect of her shop window
display and the Games tickets she gave away as part of the Verasarchi promotion.
Ans:
Now this part of question whether advertising or giving away Games ticket 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 vera knows that that her husband is finding unofficial ways to tout
the tickets and knowing that she helps him advertise the games tickets by placing her shop window so
she will be liable.