The Gambling Act 2005 (Exempt Gaming in Clubs) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the maximum amounts that may be staked and won and the maximum participation fee that may be charged in games of equal chance provided in accordance with section 269 of the Gambling Act 2005 (“the Act”).

Section 269 of the Act authorises members’ clubs, commercial clubs, miners’ welfare institutes and clubs that would qualify as a member’s club or commercial club, but for the fact that they are established and conducted wholly or mainly for the purposes of gaming (all of which are defined in these Regulations as ‘relevant clubs’), to provide facilities for equal chance gaming without the need to obtain further authorisation under the Act (such as an operating licence, premises licence, or a permit), providing they comply with the conditions in section 269.

One of those conditions, under section 269(2) of the Act, is that the arrangements for the gaming must satisfy prescribed requirements in relation to amounts that may be staked or the amount or value of a prize. Regulation 2 sets limits on the maximum amount that may be staked by a person in a game of poker, the aggregate amounts that may be staked on poker in any one day, and in any period of seven days. Regulation 3 limits the maximum amount that may be won by a person in a game of poker.

A further condition under section 269(4) of the Act is that the participation fee must not exceed such maximum as may be prescribed by the Secretary of State. Regulation 4 prescribes the limits on participation fees for relevant clubs that do not hold a club gaming permit. The regulation sets a single limit on games of bridge and whist. For all other games there are two separate limits, one of which applies to commercial clubs that hold a club machine permit, whilst the other applies in all remaining circumstances.

Regulation 5 prescribes the limits on participation fees for members’ clubs and miners’ welfare institutes that hold a club gaming permit (commercial clubs are not entitled to club gaming permits – see paragraphs 1(1) and 6(1)(a) of Schedule 12 to the Act). The regulation sets two different limits, one for games of bridge and whist and the other for all other equal chance gaming.

In addition to authorising the provision of facilities for equal chance gaming, a club gaming permit will also authorise the provision of facilities for prescribed games of chance. Limits on participation fees in respect of such games may be prescribed under section 271(4)(a) of the Act; such limits are not addressed in these Regulations.

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 [phone].