The Gambling Act 2005 (Non-Commercial Equal-Chance Gaming) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the limits for non-commercial equal chance gaming which must be complied with in accordance with the condition under section 300(4) of the Gambling Act 2005 (The Act).

For the purposes of the Act, gaming is non-commercial if it takes place at a non-commercial event, whether as an incidental activity or as the principal or only activity. An event is non-commercial if the arrangements for the event are such that no part of the proceeds is to be appropriated for the purpose of private gain (see section 297 of the Act).

These Regulations only apply to non-commercial equal chance gaming within the meaning of Part 14 of the Act. An incidental non-commercial lottery (see Part 1 of Schedule 11 to the Act) and non-commercial prize gaming (see section 299 of the Act) are not subject to the limits contained in these Regulations.

Regulation 3(2) imposes a limit on the payment that each player may make to participate in non-commercial equal chance gaming at a non-commercial event. A person may only make, or be required to make, one payment which must not exceed the prescribed sum. This payment may be charged as a participation fee, stake or other charge, or a combination of these charges. The definition of participation fee under the Act also includes a charge for admission to premises where the gambling takes place (see section 344).

Regulation 3(3) imposes a limit on the amount that may be distributed in respect of prizes and awards at an event. The aggregate amount or value that may be distributed in respect of all games at an event shall not exceed the prescribed sum.

Regulation 3(4) imposes a limit on charges and prizes where two events are held on the same day on the same premises by the same person. In these circumstances, the limits prescribed in regulations 3(2) and (3), must be applied collectively to the events as if they constituted a single event.

Regulation 3(5) makes provision in circumstances where an event forms part of a series of events. In these circumstances, the limits on charges and prizes must be applied separately in relation to each event. For the purposes of this provision, an event will not form part of a series if two events are held on the same premises by the same person on the same day.

Regulation 3(6) makes different provision in respect of prizes where an event is held as a final event. An event is a final event if each person taking part in the event is qualified to do so by reason of having taken part in games played at another event in the series held on a previous day.