Gambling and a lack of knowledge
When it comes to card games for cash in pubs, there's a distinct lack of knowledge. Perhaps the reason for this is that in many areas the local licensing justices, who previously had power to control gaming on licensed premises, had not made any orders or restrictions in relation to pubs in their area.
Responsibility for this has now moved to councils, which may have sketchy knowledge of the issues. Gaming is only controlled by the general limitations of the Gaming Act 1968 and in future by the Gambling Act 2005.
So it is not surprising that many people still believe that the control of all card games on licensed premises is by the police, who have the right to ban or prevent any form of gambling of this kind, if they think fit.
The police do not have this power as of right.
They can, of course, prevent the commission of an offence against the gaming laws, and they may initiate a prosecution against a licensee if those laws are contravened. But where the Gaming Act allows certain games to be played on licensed premises, they should normally not be prevented by the
local police.
As a special concession, section 6 of that Act allows dominoes and cribbage to be played for money on licensed premises and any other equal-chance game that is authorised to be played by an order made by the local licensing justices (or now by the council).
Therefore, all pubs are still permitted by virtue of the 1968 Act to allow those two named games to be played by customers on the premises among themselves. There must, of course, be no charge made for taking part, and the licensee must make no levy on the stakes or winnings.
In practice, the keeping of playing cards and a scoring board by the licensee is merely a service to customers and does not involve any infringement of the law.
Where there is a local and ascertainable demand for another type of equal-chance gaming, or a card game for stakes in money or money's worth, then the licensee must make some form of application to the council for an Order for his premises under section 6 (3) of the Act. Without the granting of such an Order, the licensee could find himself liable to prosecution if unauthorised games were played on his premises.
The greatest confusion is still caused over the limitation on stakes or amount of money won by participants.
There is no "blanket" control of dominoes and cribbage stakes that can be imposed by the police and certainly no monetary limits which apply to every pub and which would render the licensee liable to prosecution.
