2009 No. 1970
Betting, Gaming And Lotteries
The Gambling Act 2005 (Gaming Tables in Casinos) (Definitions) Regulations 2009
Made 16th July 2009
Laid before Parliament 20th July 2009
Coming into force 11th August 2009

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 172(6) and 355(1) of the Gambling Act 2005 (“the Act”).
2005 c. 19.

1 Citation, commencement and interpretation
1 These Regulations may be cited as the Gambling Act 2005 (Gaming Tables in Casinos) (Definitions) Regulations 2009 and come into force on 11th August 2009.
2 In these Regulations “wholly automated gaming table” means an apparatus that is designed or adapted to enable individuals to play a real game of chance where—
(a) the design or adaptation is such that the apparatus is not required to be controlled or operated by an individual employed or concerned in arranging for others to play the game; and
(b) the apparatus is not designed or adapted for use in connection with a game the arrangements for which are controlled or operated by an individual.
By virtue of section 353(1) of the Act “real” in relation to, inter alia, a game is defined as “non-virtual”. The meaning of “virtual” is given in subsection (3). A “game of chance” is defined in section 6.

2 Gaming table: definition
A wholly automated gaming table is not a “gaming table” for the purposes of section 172(3) to (5) of the Act.

3 Requirements for gaming tables to be treated as being used in a casino
For the purposes of section 172(3) to (5) of the Act, a gaming table is to be treated as being used in a casino at a particular time only if it is—
(a) being used to play a casino game at that time; or
“Casino game” is defined in section 7(2) of the Act.
(b) available at that time to be used for that purpose.
Gerry Sutcliffe Parliamentary Under Secretary of State Department for Culture, Media and Sport 16th July 2009

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision with respect to the definition of “gaming table” for the purposes of section 172(3) to (5) of the Gambling Act 2005 (c. 19) (“the Act”), and define the circumstances in which a gaming table is to be treated as being used in a casino for the purposes of those subsections.
Subsections (3) to (5) of section 172 determine the numbers and categories of gaming machines that are authorised to be made available by the holders of different types of casino premises licences. As well as a fixed maximum number of gaming machines for each category of casino premises licence, each subsection prescribes a maximum number of machines expressed in terms of a multiple of the number of gaming tables used in the casino. The maximum number of machines actually allowed in any case is the lesser of the two prescribed maxima. These Regulations set out the definitions needed to enable that limit to be determined in individual cases.
Regulation 2 provides that a wholly automated gaming table is not a “gaming table” for the purposes of section 172(3) to (5) of the Act. A wholly automated gaming table is defined in regulation 1(2) to mean an apparatus that is designed or adapted to enable individuals to play a “real” (that is, non-virtual) game of chance, where the design or adaptation is such that the apparatus can function automatically (in other words, it can function without needing to be controlled or operated by an individual employed or concerned in arranging for others to play the game); and where the apparatus is not designed or adapted for use in connection with a game the arrangements for which are controlled or operated by an individual.
Regulation 3 provides that for the purposes of section 172(3) to (5) of the Act, a gaming table is used in a casino at a particular time only if it is being used to play a casino game (as defined in section 7(2) of the Act) at that time, or if it is available at that time to be used to play such a game.