Betting and gaming

News: Don’t gamble on poker in your pub

  • Date: 23/08/2007
  • Author/Solicitor: Nick Arron

From 1st September your customers can start playing poker, or any equal chance gaming, for cash in your pubs. It is important to know the limits and the conditions for playing. This article will tell you how.

Equal chance gaming is permitted in pubs and licensed premises as an exemption in the Gambling Act 2005. This means you do not have to notify anyone of the gambling. You can just play. But you must keep it within the limits. The exemption applies to equal chance gaming only, i.e. poker, bingo, or games without a banker.

The general rules are that there can be no charge for participating, nor a charge or levy or deduction from the stakes or prizes. Neither can there be linked games across premises. Under 18's cannot participate. The first limit is that the maximum amount that can be staked by a player on any game is £5.

There are no limits on the amounts that can be won (although see later, as there are limits for poker and bingo) but the games must be for 'low level' prizes. Low level is not defined. The DPS becomes the 'Gaming Supervisor' for the purposes of the legislation and is expected to take all reasonable steps to ensure that the limits are adhered to, including that the prizes are low level.

A Code of Practice applies which is extremely onerous. It defines the details on the gaming, including age checking, rules on equipment to be used, etc. The code actually recommends that cash poker is not permitted. According to the Codes the gaming supervisor must keep a record of the games played, number of players, and amount staked, to ensure that the individual and daily limits are not exceed. The supervisor must also ensure that the games are played in a 'pleasant atmosphere'. This could be interesting and is not necessarily an easy task in the heat of the moment.

There are additional limits for poker. The total aggregate amount that can be staked on poker for a single premises must not exceed £100 per day and the maximum amount that can be won on any game of poker is £100.

For bingo the maximum aggregate stakes or prizes for a single premises cannot exceed £2,000 in any week. Although you will not get your hand slapped if you do allow the stakes or prizes to go over £2,000 in a week on one occasion. Then you must inform the Gambling Commission. If you do it again you are committing an offence and you could be in for a serious fine.

Remember for both poker and bingo the £5 per game per player limit on stakes still applies.

Click here for full details of the Code of Practice.

For more information please contact Nick Arron