Legal advice: Some you win, some you lose
Betting offices have some success where pubs have failed.
by David Clifton of thePublican.com's legal team of experts from London solicitor Joelson Wilson.
Fixed odds betting machines (FOBMs) are now a very familiar sight in licensed betting offices in the UK. However, the government has for a long time made it clear that it does not like them.
On January 8, 2003 Richard Caborn, then Department of Culture, Media & Sport minister with responsibility for gambling, said: "We take the view that the uncontrolled proliferation of high-prize machine gaming on the high street risks seriously increasing problem gambling."
In order to determine whether FOBMs constitute lawful betting or, alternatively, unlawful gaming machines, a test-case commenced earlier this year between the Gaming Board and the Association of British Bookmakers (ABB), and was due to come before the High Court for determination in April 2004.
However, at the Business in Sport & Leisure conference in London on November 19, 2003, the secretary of state for culture, media & sport, Tessa Jowell, announced that terms had been agreed in principle between the Gaming Board for Great Britain and the ABB to resolve the test-case.
She welcomed the voluntary code of practice in relation to FOBMs being developed by the ABB but warned that she was putting FOBMs on probation.
Ms Jowell said: "It is up to the industry to prove to me, beyond doubt, that these machines can be safely permitted in the 8,000 betting offices across Britain."
Under the new code, speed of play will be restricted. Maximum stakes will be £100 per betting transaction and £15 per bet (ie chip size) within that betting transaction.
The maximum payout per betting transaction will be £500 and the maximum number of machines (ie FOBMs & AWPs) per licensed betting office will be four. No casino games other than roulette will be allowed on FOBMs.
Peter Dean, chairman of the Gaming Board, said: "I am pleased that an immediate control will be put both on the proliferation of FOBMs on the high street and also on the stakes, prizes, speed of play and types of game played."
Interesting then that the betting office lobby has achieved some measure of success while those in the pub industry calling for a more liberalised gaming machine regime in pubs were met with the following comments from Ms Jowell at the same conference: "Pubs will be allowed to keep the gaming machines they have now, but there will be no increase in the prizes available … We will make any explosion of Australian style 'pokies' in Britain impossible."
I do not expect the government to be at all amenable to any suggestion that FOBMs should be allowed in pubs.
However, for those of you who are worrying that your customers will be deserting your pub to sample the delights offered by the FOBMs at the local bookie's, don't lose any sleep.
One thing that betting shop punters will not be able to buy at the bookie's (at least for the foreseeable future - even under the anticipated new gambling legislation) is a pint of beer (or any alcoholic drink, for that matter)!
