Gambling Act 2005 (c. 19)

Part 12 E+W+S Clubs, pubs, fairs, &c.

Clubs E+W+S

266 Members' club E+W+S

(1) In this Act members' club means a club—

(a) which is established and conducted wholly or mainly for purposes other than the provision of facilities for gaming (subject to subsection (2)),

(b) which is established and conducted for the benefit of its members (and which is not otherwise established or conducted as a commercial enterprise),

(c) which is not established with the purpose of functioning only for a limited period of time, and

(d) which has at least 25 individual members.

(2) A club is a members' club for the purposes of this Act despite subsection (1)(a) if—

(a) it is established or conducted wholly or mainly for the purpose of the provision of facilities for gaming of a prescribed kind, and

(b) facilities are not provided for any other kind of gaming in the course of the club's activities.

Commencement Information

I1 S. 266 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I2 S. 266 in force at 1.8.2007 by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

267 Commercial club E+W+S

(1) In this Act commercial club means a club—

(a) which is established and conducted wholly or mainly for purposes other than the provision of facilities for gaming (subject to subsection (2)),

(b) which is not established with the purpose of functioning only for a limited period of time, and

(c) which has at least 25 individual members.

(2) A club is a commercial club for the purposes of this Act despite subsection (1)(a) if—

(a) it is established or conducted wholly or mainly for the purpose of the provision of facilities for gaming of a prescribed kind, and

(b) facilities are not provided for any other kind of gaming in the course of the club's activities.

Commencement Information

I3 S. 267 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I4 S. 267 in force at 1.8.2007 by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

268 Miners' welfare institute E+W+S

(1) In this Act miners' welfare institute means an association—

(a) which is established and conducted for social and recreational purposes, and

(b) which satisfies subsection (2) or (4).

(2) An association satisfies this subsection if its affairs are managed by a group of individuals of whom at least two thirds are miners' representatives.

(3) In subsection (2) “miners' representative” means a person who—

(a) is nominated or appointed by a person who employs or has employed individuals in the course of a coal mining business,

(b) is nominated or appointed by the charitable trust known as the Coal Industry Social Welfare Organisation,

(c) is nominated or appointed by an organisation representing persons who are or were employed in connection with coal mining, or

(d) is or was employed in connection with coal mining;

and the group mentioned in subsection (2) must contain both one or more persons of a kind specified in paragraph (a) or (b) and one or more persons of a kind specified in paragraph (c) or (d).

(4) An association satisfies this subsection if—

(a) it operates on premises the use of which is regulated in accordance with a charitable trust, and

(b) the trust has received money from—

(i) the Miners' Welfare Fund established by section 20 of the Mining Industry Act 1920 (c. 50),

(ii) the former body corporate which was known as the Coal Industry Social Welfare Organisation and incorporated under the Companies Act 1948 (c. 38), or

(iii) the charitable trust known as the Coal Industry Social Welfare Organisation.

Commencement Information

I5 S. 268 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I6 S. 268 in force at 1.8.2007 by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

269 Exempt gaming E+W+S

(1) Sections 33 and 37 shall not apply to the provision of facilities for equal chance gaming which satisfies the conditions of this section by—

(a) a members' club,

(b) a commercial club,

(c) a club that would be a members' club but for section 266(1)(a),

(d) a club that would be a commercial club but for section 267(1)(a), or

(e) a miners' welfare institute.

(2) The first condition of gaming for the purposes of subsection (1) is that the arrangements for the gaming satisfy the prescribed requirements (if any) in relation to—

(a) amounts that may be staked, or

(b) the amount or value of a prize.

(3) The second condition of gaming for the purposes of subsection (1) is that no amount is deducted or levied from sums staked or won.

(4) The third condition of gaming for the purposes of subsection (1) is that any participation fee does not exceed such maximum as may be prescribed.

(5) The fourth condition of gaming for the purposes of subsection (1) is that a game played on one set of premises is not linked with a game played on another set of premises.

(6) The fifth condition of gaming for the purposes of subsection (1), which does not apply to a club of a kind mentioned in subsection (1)(b) or (d), is that each person who participates—

(a) is a member of the club or institute who applied for membership, was nominated for membership or became a member, at least 48 hours before he participates, or

(b) is a guest of a member of the club or institute who would be entitled to participate by virtue of paragraph (a).

Commencement Information

I7 S. 269 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

270 Section 269: supplementary E+W+S

(1) In section 269(1) a reference to the provision of facilities by a club or institute includes a reference to any provision of facilities made—

(a) on behalf of or by arrangement with the club or institute, and

(b) in the course of its activities.

(2) Regulations prescribing requirements in relation to stakes or prizes for the purposes of section 269(2) may, in particular—

(a) make different provision for different classes of club or institute;

(b) make different provision for different classes or descriptions of game.

(3) In section 269(3) the reference to a deduction or levy in respect of gaming provided by, on behalf of or by arrangement with a club or institute is to a deduction or levy made by or on behalf of—

(a) the club or institute, or

(b) a person providing facilities for gaming on behalf of, or by arrangement with, the club or institute.

(4) Regulations prescribing a maximum charge for the purposes of section 269(4) may, in particular—

(a) make different provision for different classes of club or institute;

(b) make provision depending on whether a club or institute holds a club gaming permit;

(c) make different provision for different classes or descriptions of game;

(d) make different provision for different classes or descriptions of fee.

(5) For the purposes of section 269(5) two games are linked if—

(a) the result of one game is or may be wholly or partly determined by reference to the result of the other game, or

(b) the amount of winnings available in one game is or may be wholly or partly determined by reference to the amount of participation in the other game;

and if a single game is played partly on one set of premises and partly on another it shall be treated as two linked games.

(6) For the purposes of section 269(6) a person shall not be treated as the guest of a member if the member extends an invitation—

(a) having had no previous acquaintance with the person, and

(b) for the purpose only of enabling the person to take advantage of facilities for gaming provided by or for the club or institute.

Commencement Information

I8 S. 270 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

271 Club gaming permit E+W+S

(1) Sections 33, 37 and 242 shall not apply to the provision of facilities for gaming in accordance with a club gaming permit.

(2) A club gaming permit is a permit issued by a licensing authority authorising the provision of facilities for gaming—

(a) on premises on which a members' club or a miners' welfare institute operates, and

(b) in the course of the activities of the club or institute.

(3) A club gaming permit shall, by virtue of this section, authorise—

(a) making up to three gaming machines available for use, each of which must be of Category B, C or D,

(b) the provision of facilities for gaming which satisfies the conditions in section 269 except for the first condition, and

(c) the provision of facilities for games of chance, of such class or description as may be prescribed, in accordance with the conditions specified in subsection (4).

(4) Those conditions are—

(a) that no participation fee is charged otherwise than in accordance with regulations (which may make provision about the circumstances in which a fee may be charged and about the amount of a fee),

(b) that no amount is deducted or levied from sums staked or won otherwise than in accordance with regulations (which may make provision about the circumstances in which an amount may be deducted or levied, about the amount of the deduction or levy and about the method by which the amount is determined),

(c) that the public is excluded from any area of the club's or institute's premises where gaming is taking place, and

(d) that children and young persons are excluded from any area of the club's or institute's premises where gaming is taking place.

(5) Regulations under subsection (4)(a) or (b) may—

(a) make different provision for different classes of club or institute;

(b) make different provision for different classes or descriptions of game;

(c) make different provision for different classes or descriptions of fee, deduction or levy.

(6) A club gaming permit shall, by virtue of this subsection, be subject to the condition that each person who participates in gaming in reliance on the permit—

(a) is a member of the club or institute who applied for membership, was nominated for membership or became a member, at least 48 hours before he participates, or

(b) is a guest of a member of the club or institute who would be entitled to participate by virtue of paragraph (a).

(7) A club gaming permit shall, by virtue of this subsection, be subject to the conditions—

(a) that no child or young person use a Category B or C gaming machine on the club's or institute's premises, and

(b) that the holder comply with any relevant provision of a code of practice under section 24 about the location and operation of a gaming machine.

Modifications etc. (not altering text)

C1 S. 271 modified (1.9.2007) by Categories of Gaming Machine Regulations 2007 (S.I. 2007/2158), regs. 1(b), 6(4)

Commencement Information

I9 S. 271(1) (3)-(7) in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

I10 S. 271(2) in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I11 S. 271(2) in force at 1.8.2007 by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

272 Section 271: supplementary E+W+S

(1) For the purposes of section 271(4)(b) the reference to a deduction or levy in respect of gaming provided by, on behalf of or by arrangement with a club or institute is to a deduction or levy made by or on behalf of—

(a) the club or institute, or

(b) a person providing facilities for gaming on behalf of, or by arrangement with, the club or institute.

(2) In section 271(4)(c) “the public” means persons other than—

(a) members of the club or institute,

(b) guests of members of the club or institute,

(c) staff of the club or institute, and

(d) persons providing services to or for the club or institute.

(3) For the purposes of section 271(4)(c) and (d) a reference to an area where gaming is taking place is a reference to any place in which it is possible to participate in the gaming.

(4) For the purposes of section 271(6) and subsection (2) above a person shall not be treated as the guest of a member if the member extends an invitation—

(a) having had no previous acquaintance with the person, and

(b) for the purpose only of enabling the person to take advantage of facilities for gaming.

Commencement Information

I12 S. 272 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

273 Club machine permit E+W+S

(1) Sections 37 and 242 shall not apply to making a gaming machine available for use in accordance with a club machine permit.

(2) A club machine permit is a permit issued by a licensing authority authorising up to three gaming machines, each of which must be of Category B, C or D, to be made available for use—

(a) on premises on which a members' club, a commercial club or a miners' welfare institute operates, and

(b) in the course of the activities of the club or institute.

(3) A club machine permit held by a members' club or a miners' welfare institute shall, by virtue of this subsection, be subject to the condition that each person to whom a machine is made available for use in reliance on the permit—

(a) is a member of the club or institute who applied for membership, was nominated for membership or became a member, at least 48 hours before he uses the machine, or

(b) is a guest of a member of the club or institute who would be entitled to use the machine by virtue of paragraph (a).

(4) A club machine permit shall, by virtue of this subsection, be subject to the conditions—

(a) that no child or young person use a Category B or C gaming machine on the club's or institute's premises, and

(b) that the holder comply with any relevant provision of a code of practice under section 24 about the location and operation of a gaming machine.

(5) For the purposes of subsection (3)(b) a person shall not be treated as the guest of a member if the member extends an invitation—

(a) having had no previous acquaintance with the person, and

(b) for the purpose only of enabling the person to take advantage of facilities for gaming.

Modifications etc. (not altering text)

C2 S. 273 modified (1.9.2007) by Categories of Gaming Machine Regulations 2007 (S.I. 2007/2158), regs. 1(b), 6(4)

Commencement Information

I13 S. 273(1) (3)-(5) in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

I14 S. 273(2) in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I15 S. 273(2) in force at 1.8.2007 by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

274 Procedure, &c. E+W+S

(1) Schedule 12 makes further provision about club gaming permits and club machine permits.

(2) Subsection (1) does not apply in relation to Scotland if the applicant for or holder of the permit in question is the holder of F1 ... a relevant Scottish licence or if he falls within such other description as may be specified in regulations under section 285(1).

Textual Amendments

F1 Words in s. 274(2) repealed (1.9.2009 at 5.00 a.m.) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), art. 1(1), sch. 2 (with art. 3)

Modifications etc. (not altering text)

C3 S. 274(2) excluded (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 84(14) (with art. 12(2)-(5), Sch. 4 paras. 81-85)

C4 S. 274(2) excluded (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 92(14) (with art. 12(4), (5), (7)-(9), Sch. 4 paras. 89-93)

Commencement Information

I16 S. 274 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I17 S. 274 in force at 1.8.2007 for specified purposes by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

I18 S. 274(1) in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

I19 S. 274(2) in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

275 Bingo E+W+S

(1) The disapplication of section 33 by section 269 or 271 shall not apply to high turnover bingo played during a high turnover period.

(2) Bingo played in the course of the activities of a club or institute in any period of seven days is high turnover bingo if—

(a) the aggregate of stakes at bingo played during the period in the course of the activities of the club or institute exceeds £2,000, or

(b) the aggregate of prizes at bingo played during the period in the course of the activities of the club or institute exceeds £2,000.

(3) A high turnover period begins in relation to a club or institute at the end of a period of seven days during which—

(a) the aggregate of stakes at bingo played in the course of the activities of the club or institute exceeds £2,000, or

(b) the aggregate of prizes at bingo played in the course of the activities of the club or institute exceeds £2,000.

(4) A high turnover period expires at the end of the year beginning with the first day of the period of seven days which caused the high turnover period to begin.

(5) A period of seven days any of which is in a high turnover period does not cause a new high turnover period to begin.

(6) A club or institute in relation to which a high turnover period begins shall, unless the club or institute holds a bingo operating licence, inform the Commission as soon as is reasonably practicable.

(7) A club or institute commits an offence if it fails without reasonable excuse to comply with subsection (6).

(8) A club or institute guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) The Secretary of State may by order vary a monetary amount specified in this section.

Commencement Information

I20 S. 275 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

276 Interpretation E+W+S

In sections 266 to 275—

• “prescribed” means prescribed by regulations, and

• “regulations” means regulations made by the Secretary of State.

Commencement Information

I21 S. 276 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I22 S. 276 in force at 1.8.2007 by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)