The new proposals, published in a consultation document, update the current 40-year- old rules permitting certain forms of gambling on these premises. They would for the first time, set clear stake and prize limits on poker in clubs (ie members’ clubs, commercial clubs, and miners’ welfare institutes) and on all forms of gaming in alcohol-licensed premises (eg pubs).
Under the proposals alcohol-licensed premises will no longer be required to seek permission from their local licensing authority for gaming to take place providing a set of stringent conditions are complied with:
• children and young people must be prohibited from participation
• gaming is limited to ‘equal chance’ games (such as cribbage or poker) between customers. Games like roulette and blackjack will be prohibited;
• stakes and prizes for the gaming must be low. Stakes will be limited to a maximum of £5 in pubs and £10 in clubs for games of poker;
• the operator must not take a ‘cut’ from money staked or won; or charge participation fees (including membership subscription fees); and
• games played may only take place on one set of premises games across more than one property will be prohibited.
Richard Caborn, Minister for Sport, said:
“These proposals set out a comprehensive set of rules governing gaming in pubs and clubs that will keep it fair, crime free and ensure children and the vulnerable are protected.
“In the most cases they bring existing entitlements under the auspices of the Gambling Act 2005, but in some cases we need to update the rules. Many people have enjoyed low stakes games like bingo, cribbage and dominoes in clubs and pubs for decades and there is no evidence of an increase in problem gambling or crime as a result.
“But we now need clearer rules and limits on stakes and prizes to keep it that way so licensees will be in no doubt about what is and is not permitted. Those who abuse these provisions will face tough sanctions. While pubs have previously required permission from their local licensing authority for games like poker and bingo, cribbage and dominoes can be played without any kind of approval.
“So we are removing the need for a fresh application to be made every time a licensee wishes to allow a new type of game to be played. Permitting very low stakes gaming – in pubs, no more than £5 per person per game – will also help to keep gambling in the open and above board, making it easier to enforce controls and reducing the risk of exploitation.”
Under these proposals alcohol-licensed premises would be limited to a maximum stake of £5 per person per game for equal chance games like poker and cribbage. Daily and weekly limits on stakes and prizes for games of poker played in individual premises would also be set at £100 and £500 respectively to ensure that poker in pubs remains a low-stakes low-scale activity.
Clubs would, for the first time, be limited to £10 per person per game for games of poker. Individual clubs would also be a set a maximum daily limit on the total amount of stakes or prizes of £200 and a weekly maximum of £1000.
Under the Gambling Act 2005 bingo will still be permitted in both clubs and alcohol-licensed premises, but for total stakes and prizes not exceeding £2000 in any seven day period.
The specific limits for poker reflect both its growing popularity in clubs and pubs, and the particular nature of the game. Without a series of limits on stakes and prizes, there is potential for stakes to escalate and for the “pot” or “kitty” to reach a significant size over the course of a game, leaving individuals open to losing large amounts of money.
Clubs and licensees will be responsible for supervision of gaming on their premises. Licensing authorities may remove entitlements if, for example, an offence under the Gambling Act has been committed or if alcohol-licensed premises are being used mainly for gaming. It is proposed that codes of practice will be drawn up in consultation with the industry and regulators to help clubs and alcohol-licensees to comply with the new statutory requirements.
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Notes to editors
1. The Consultation on Gaming in Clubs and on Alcohol-licensed Premises is available from the DCMS website. The consultation closes on 20 April 2007.
2. The Gambling (Gaming in Clubs) Regulations come into operation on the 1 June 2007. Gambling (Limits on Exempt Gaming in Clubs) Regulations; Gambling (Club Gaming Permits) (Authorised Gaming) Regulations and Gambling (Limits on Exempt Gaming on Alcohol Licensed Premises) Regulations come into force on 1 September.
3. The Gaming Act 1968 permits dominoes and cribbage to be played on alcohol-licensed premises without the need for approval from the local licensing authority. Pubs are able to apply for approval for other equal chance gaming (eg bingo, bridge and poker). There is no cap on stakes though the legislation says that licensing authorities may impose such requirements or restrictions as they may consider necessary to prevent gaming for high stakes. No charges for taking part, or levies on stakes or winnings may be made.
4. Under the Gambling Act 2005 bingo will still be permitted in both clubs and alcohol-licensed premises, but for total stakes and prizes not exceeding £2000 in any seven day period. These proposals supplement provisions in the Gambling Act which will require clubs and pubs that wish to provide high turnover bingo (ie involving stakes or prizes of more than £2000 per week) to obtain an operating licence from the Gambling Commission.
5. Members’ clubs must have at least 25 members and be established and conducted wholly or mainly for purposes other than gaming (unless the gaming is of a prescribed kind – currently bridge and/or whist). They are to be established and conducted for the benefit of their members, and with the intention of operating on an ongoing basis. Examples of such clubs would include sports clubs, local political associations, working men’s clubs or branches of the Royal British Legion.
6. Commercial clubs are subject to the same conditions as members’ clubs, except that, unlike the latter, they may operate as a commercial enterprise benefiting a class of people different to the members. These clubs are also known as proprietary clubs. An example of a commercial or proprietary club would be a snooker club. Like members’ clubs, commercial clubs may also be gaming clubs, provided the gaming is of a type prescribed in regulations.
7. Miners’ welfare institutes are associations established for social or recreational purposes, where the association is either managed by a group of miners’ representatives or uses premises regulated under a charitable trust, where the trust has, at some time, received funds from one of a number of mining related organisations. They too enjoy the same gaming entitlements as members’ clubs.
8. Members clubs and miners’ welfare institutes (not commercial clubs) may apply for a Club Gaming Permit from their Licensing Authority. This permit is equivalent to current registration under the 1968 Gaming Act and provides the same range of gaming entitlements.
