Card Clubs & Tournaments - UK Legislation

The Gaming Act 1968 and the Regulations made under it are complicated legislation and the law applies two simple principles:

(a) gaming in public places should be prohibited unless specially authorised;

and

(b) gaming from which any income may be derived by a promoter or provider of facilities should be prohibited unless specially authorised, and even then only subject to conformity with conditions and requirements laid down in legislation.

THIS ADVICE APPLIES WITH CARD ROOM GAMING AND CARD CLUBS AND APPLIES TO CARD GAMES OF EQUAL CHANCE ONLY

CARD ROOM GAMING is a useful term to describe such games as bridge, whist, poker, rummy, kalooki, backgammon and mahjong etc. Such games played for winnings or money's worth constitutes gaming as defined in Section 52 (1) of the Gaming Act 1968.

Under current legislation there are three ways to operate card clubs in Great Britain. The main differences as between one kind of club and another relates to charges

Licensed Casino Premises - Gaming Under Part II Gaming Act 1968

Premises Registered under Part II Gaming Act 1968

Gaming Under Part IV Gaming Act 1968

LICENSED CASINO PREMISES

Such a club can only be set up in one of the allocated permitted areas for gaming. A prospective dedicated card club operator must first apply to the Gaming Board for a certificate of consent showing that he or she is a fit and proper person to run a club of that nature.

The applicant company must be incorporated in Great Britain or for non-corporate applications the individuals must be over 21 years old and have been resident in Great Britain for the 6 months prior to the application - paragraph 4(a) - (c) of Schedule 2 to the Gaming Act 1968 refers.

The Gaming Board must consider the capability, diligence, reputation, financial standing and any other relevant circumstances of those persons involved with an application. The test of fitness is set out in paragraphs 4(5) and 4(6) of Schedule 2 to the Gaming Act 1968.

A copy of the application form GB1 for a certificate of consent will be sent on request together with notes for guidance and a Criminal Records Bureau form. This would need to be submitted to the Gaming Board together with personal declaration forms GB2 in respect of any persons involved with the application who come within categories (a) - (i) listed on page one of the form.

The Gaming Board normally takes at least six months to consider and determine an application for a certificate of consent and the Gaming Board invites all new applicants for interview before a decision to grant or refuse a certificate is made. The fee for making a certificate of consent application is at present £8,200 and is not refundable in the event that the application is unsuccessful.

The issue of a certificate of consent by the Gaming Board allows the holder to progress to the licensing stage. An application to the local Gaming Licensing Committee for a licence to conduct gaming on the relevant premises can then be made. The current fee for the grant of a casino licence is £29,640 .

The operator of a licensed casino can make hourly charges for card room games subject to the Hours and Charges Regulations 1984 as amended and organise competitions under the Gaming Boards Guideline No.3

GAMING IN PREMISES REGISTERED UNDER PART II

In a club registered under Part II of the Gaming Act 1968, one or more charges may be made in respect of a person taking part in the gaming on any given day. Currently this charge or (in the case of more than one charge being made) the charges in total, may not exceed £2.00 - see the Gaming Act (Registration under Part II) Regulations 1969 (1969 No 550) as amended by the Gaming Act (Registration under Part II) (Amendment) Regulations 1976 (1976 No 1902). An additional advantage is that Chemin-de-fer and Pontoon may also be played in a club registered under Part II.

A definition of "club" in this instance, is given in Schedule 1 to the Registration Regulations (the prescribed form for an application for registration) which states that the club needs to be a bona fide members' club with a membership of twenty-five persons or more and must not be carried on for the private advantage of anyone other than its members generally. The licensing authority shall refuse to register a club if it appears to the authority that the principal purpose of the club is gaming unless it consists exclusively for the playing of bridge or whist or both bridge and whist.

GAMING UNDER PART IV GAMING ACT 1968

Under Section 40 of the Gaming Act 1968 (as amended by the Gaming (Amendment) Act 1973), it is permissible for a nominal charge to be levied on any person wishing to take part in gaming at a bona fide members' club or a proprietary club. Currently this charge may not exceed 60 pence for any one person on any one day (the Gaming (Small Charges) Order 2000 refers).

There must be no levy on the stakes or the winnings of players, nor should access be allowed to members of the public. To comply with the further terms of Section 40 of the 1968 Gaming Act, a club would need to have no fewer than twenty-five members and would have to be so constituted and conducted in respect of membership and other criteria as not to be of a temporary character. Special permission is not required for gaming under the terms of Section 40. Section 3 (3) of the Gaming Act 1968 also allows a genuine members' club in addition to the charge of 60 pence a day to make a membership fee which is collected no more frequently than quarterly from its members.

POKER COMPETITIONS

Under the current legislation it is virtually impossible to legally organise a poker competition other than in a licensed casino as breaches frequently occur with regard to location, access by members of the public, advertising, charging an entrance fee or making a levy on stakes or winnings.

BRIDGE AND WHIST CLUBS

The Gaming (Small Charges) Order 2000 allows a Bridge and/or whist club constituted as a genuine members' club to charge a fee not exceeding £15.00 per person per day for the right to participate provided that the gaming on the club premises is restricted to bridge and/or whist when played under Part IV of the Gaming Act 1968. If played on premises registered under Part II of the Gaming Act 1968 an additional £2.00 per day can be charged making a total of £17.00 per person per day.

It is hoped that the foregoing adequately explains the legislation governing the playing of card room games of equal chance in clubs and poker competitions in Great Britain.

The Gaming Board would add the proviso that ultimately it is for the courts to give a definitive interpretation of the law.

Any person wishing to set up a card club or organise a competition is strongly advised to seek legal advice.