Consultation on Gaming in Clubs and Pubs

The Department for Culture, Media and Sport has published a consultation document containing new proposals to control the provision of gaming in clubs and premises licensed to sell alcohol.

Under Part 12 of the Gambling Act 2005, the current position under the Gaming Act 1968, whereby clubs, pubs and certain other premises licensed for the sale of alcohol may provide limited, generally low stakes gaming facilities for their members and customers, is to be maintained. The 2005 Act removes the requirement under the Gaming Act 1968 for licensees to seek approval from the local licensing authority for the playing of equal chance gaming. However, the provisions in the Gambling Act 2005 require that the Secretary of State needs to make regulations covering a range of matters, including types of games, limits on stakes and prizes and maximum participation fees for gaming that are allowed.

The consultation paper’s proposals include:

Clubs and institutes

• To prescribe bridge and whist for the purposes of Sections 266(2), 267(2) and Schedule 12 of the Gambling Act 2005. This would mean that whist or bridge clubs would be classed as either members` clubs or commercial clubs for the purposes of the Act, providing they are established or conducted wholly or mainly for the purpose of the provision of facilities for gaming of bridge or whist and that facilities are not provided for any other kind of gaming in the course of the club’s activities.
• To implement the Secretary of State’s power to place limits on stakes and prizes for exempt equal chance gaming but only, at this stage, in respect of poker.
• That the appropriate limits for equal chance poker played in members’ clubs, commercial clubs or institutes that do not hold a club gaming permit should be £1,000 in any seven day period and £200 on any day (in total stakes or prizes); with a maximum stake of £10 per person, per game.
• That there should be a code of practice for gaming in clubs and institutes.
• That the maximum participation fee for exempt gaming in clubs or institutes that do not hold a club gaming permit should be: bridge/whist, £18; all other equal chance gaming, £1.
• That the maximum participation fee for equal chance gaming where a club gaming permit is held should be: for bridge and/or whist, £20; all other equal chance gaming, £3.
• That pontoon and chemin de fer should be prescribed under Section 271 of the Act as the additional games of chance that may be provided by the holder of a club gaming permit.
• To implement the provision that enables members’ clubs and institutes to charge participation fees for pontoon and chemin de fer, with the maximum charge set at £3 per day.
• Not, at this stage, to implement Section 271(4)(b) of the Act, which would allow deductions or levies to be imposed by holders of club gaming permits on sums staked or won by participants in pontoon or chemin de fer.

Alcohol-licensed premises

• That the appropriate limit for all exempt equal chance gaming on alcohol-licensed premises should be £5 per person, per game and, in addition, for poker, there should be limits for each premises of £500 in any period of seven days, and £100 on any day (in total stakes or prizes).
• That there should be a code of practice for gaming in alcohol-licensed premises.

The consultation paper can be found in full at http://www.culture.gov.uk/Reference_library/Consultations/2007_current_consultations/cons_gaming_clubs.htm