Poker
A. Generally speaking, no. If poker is played in a
pub “for money or money’s worth” then it is unlawful gaming, unless
the licensing authority has granted a Section 6 permit for the
premises. This permit will state the level of stakes and
prizes that may be involved. The Act seeks to keep gaming in
pubs ‘low stakes’ and ancillary to the premises main purpose – i.e.
the gaming should not be an inducement to go to the premises and no
charge may be made for playing or levy may be made on the stakes or
the ‘pot’. Only dominoes and cribbage may be played for money
or money’s worth without a Section 6 permit being granted. If
poker is played without money or prizes then it is not ‘gaming’.
Whilst this may allow ‘points’ etc. to be won, the points
cannot be exchanged for a prize, as this would amount to money’s
worth.
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A. Under Section 40 poker can be carried out as ‘one of
the activities of a club’. This would imply that the club
should exist for other purposes than solely for poker. The
Club must have at least 25 bona fide members and have bona fide
membership arrangements and fees. There should be no access
to the public, i.e. anyone who is not a member cannot simply turn
up and ‘join’. The only charge that can be made for playing
poker in these circumstances is 60p per day or an additional £2 a
day if the club is registered under part II of the Act. There
is no limit on the stakes in these circumstances, but no levy can
be charged on the stakes or ‘pot’.
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A. Under Section 41 it is possible to run a poker night
for charity. The whole of the proceeds after deduction of
expenses including the prize must be donated to charity. The
maximum that can be charged in respect of all games played is
£4. This fee must cover the expenses, the prize and the
donation to charity. The maximum prize that can be awarded is
£400. The amount that should be allocated for expenses should
not exceed the reasonable cost of providing the facilities for the
gaming.
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A. Across the world ‘Games of chance for money or money’s
worth’ are invariably subject to legal controls. This is to
protect the players and games from unfair or criminal
exploitation. Poker is an ‘escalating’ game, and players may
be drawn into risking larger and larger amounts without
appreciating the odds of losing.
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A. Playing games of chance becomes ‘Gaming’ if they are
played for ‘money or moneys worth’. This means that anything that
has a value is classed the same as cash, even if it is not
immediately available or does not come from the other
players. It would therefore be just as illegal to play for
prizes as for cash.
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A. If no-one can win or lose ‘money or money’s worth’ then
the game does not amount to ‘Gaming’ and can be played.
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A. A poker tournament would have to be held on premises
with no access to the public; with access arrangements similar to
the membership requirements described in question 2, i.e. the
participants must form a restricted class of persons distinct from
the general public, so there must be some system of vetting and
inviting participants. You cannot just advertise for
players. There may also be further restrictions if the
tournament is being held on (liquor) licensed premises. In
all cases it is advisable to seek legal advice on the proposals for
any poker tournament.
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A. Whilst there are different levels of skill amongst
poker players, the Gaming Act makes clear that even games of skill
and chance combined are games of chance.
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A. Due to the forthcoming changes in gaming laws, the
Commission is no longer accepting applications for Certificates of
Consent for new gaming premises under the 1968 Act. New
arrangements will be introduced in 2007 for new gaming premises
(casinos).
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A. Yes, but the server and any facilities for processing
the transactions must be based abroad. From January 2007 the
Commission will be accepting applications for such operator
licences to permit on line casinos to be based in Britain from
September 2007.
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A. The only card game that can be played for small stakes
on premises with a liquor licence is cribbage, unless the licensee
obtains permission from the local Licensing Authority under Section
6 for other card games to be played for small stakes.
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A. If the Student Union is a club or registered club with
bona fide members and membership fees then the same rules apply as
with a private members club. If not then the same rules would
apply as for a pub. Poker can be played in halls of residence
providing the players are exclusively or mainly students who are
resident in the establishment.
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A. Poker in residential premises is permitted, but those
participating must be legitimate guests/friends of the occupant,
i.e. members of the public cannot be invited to join in; nor can a
charge be made for the gaming to take place.
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A. Notify the local Licensing Authority or the Gambling
Commission.
