(This note is not part of the Regulations)
These Regulations prescribe the kinds of gaming for which a club may be established or conducted to provide facilities, in order to be a members’ club or a commercial club despite sections 266(1)(a) and 267(1)(a) of the Gambling Act 2005 (the Act).
By virtue of sections 266(1) and 267(1) of the Act, a club which is established or conducted wholly or mainly for the purposes of providing facilities for gaming does not qualify as a members’ club or a commercial club under the Act, unless the gaming is of a kind which has been prescribed by the Secretary of State.
Regulation 2 prescribes bridge and whist as the kinds of gaming for which a club may be established or conducted to provide facilities for playing, and still be a members’ club or a commercial club despite sections 266(1)(a) and 267(1)(a) of the Act.
Paragraph 10 of Schedule 12 to the Act provides a fast-track application procedure for applying for club gaming and club machine permits where the applicant is the holder of a club premises certificate under section 72 of the Licensing Act 2003 (c. 17). Paragraph 10(3) of Schedule 12 to the Act requires licensing authorities to grant such applications unless they think the conditions in sub-paragraphs (3)(a), (3)(b) or (3)(c) apply.
Under sub-paragraph 3(a), an authority does not have to grant an application made under paragraph 10, if it thinks that the applicant is established or conducted wholly or mainly for the purposes of the provision of facilities for gaming, other than gaming of a prescribed kind: both bridge and whist are prescribed in regulation 3 for this purpose.
Under sub-paragraph 3(b), an authority does not have to grant an application made under paragraph 10, if it thinks that the applicant is established or conducted wholly or mainly for the purposes of the provision of facilities for gaming of a prescribed kind and also provides facilities for gaming of another kind: again, both bridge and whist are prescribed in Regulation 3 for this purpose.
A full Regulatory Impact Assessment of the costs and benefits of these Regulations is available from the Gaming and Lotteries Team, Department for Culture, Media and Sport, 2-4 Cockspur Street, London SW1Y 5DH, telephone 020 7211 6022.