SCHEDULES

SCHEDULE 15Private Gaming and Betting

Section 295

Part 1Gaming

Introduction

1

Gaming is private if it satisfies the conditions specified in this Part of this Schedule.

2

1

For the purposes of this Part of this Schedule gaming is domestic if it takes place—

a

in a private dwelling, and

b

on a domestic occasion.

2

For the purposes of this Part of this Schedule gaming is residential if—

a

it takes place in a hostel, hall of residence or similar establishment which is not administered in the course of a trade or business, and

b

more than half of the participants are residents of the hostel, hall or establishment.

No charge for participation

3

1

It is a condition of private gaming that no charge is made for participation.

2

For the purposes of this paragraph—

a

it is immaterial how a charge is described,

b

it is immaterial whether a charge is in money or money's worth,

c

an amount deducted or levied, by a person providing facilities for gaming, from sums staked or won in the course of gaming is a charge for participation in the gaming,

d

a charge for admission to premises where gaming takes place shall be treated as a charge for participation in the gaming, and

e

a stake is not a charge for participation.

Equal chance gaming

4

1

It is a condition of private gaming that it is equal chance gaming.

2

But this condition does not apply in relation to domestic or residential gaming.

Privacy

5

It is a condition of private gaming that it does not occur in a place to which the public have access (whether or not on payment).

Part 2Betting

Introduction

6

Betting is private betting if it is—

a

domestic betting, or

b

workers' betting.

Domestic betting

7

1

A betting transaction is domestic betting if made on premises in which each party to the transaction lives.

2

For the purposes of this paragraph a person lives in premises if he habitually resides in any part of the premises (whether or not there are other premises in which he also habitually resides).

Workers' betting

8

A betting transaction is workers' betting if made between persons each of whom is employed under a contract of employment with the same employer.