Local councils erratic over pub gaming laws

A charity casino event at a pub appears to have run into a spot of bother over giving away Champagne and cuddly toys as prizes for the person with the most "chips". It was reported that the local council said it was gaming and, therefore, illegal.

Well, we are in for a grand old time this year when they take over control of gambling activity, aren't we? One of the main criticisms of local authorities, (flatly denied by the Department for Culture, Media & Sport incidentally), in licensing, smoking and now gaming, is the potential lack of consistency. As one arch-critic commented to me "they make it up as they go along".

Admittedly the current law is rather complicated, due to various exemptions and savings in both the Gaming Act 1968 and the Lotteries & Amusements Act 1976. But what the pub proposed is not in itself illegal. However, the circumstances under which casino evenings may be run are fairly restrictive. If you do not comply exactly with the letter of the law, then there is a danger that the police or the council may step in and say that the gaming is not allowed.

It seems that in this case the council officer was referring to section six of the Gaming Act 1968, which I have mentioned before in this column. That section allows the playing of dominoes and cribbage for stakes, and any other game which has been authorised by the licensing authority to be played on those premises. He would claim that as winning prizes for success at the gaming tables constitutes actual gaming, it is not permitted (and would not be so permitted) by the licensing authority under this section.

But casino nights (and race nights, for that matter) are not run under Part I of the Gaming Act, in which this section is included. They are normally run under the conditions of section 15 of the Lotteries & Amusements Act 1976 as "amusements with prizes". The vital escape clause, therefore, is contained in section one of the Gaming Act which states that: "This Part of the Act does not apply to gaming... mentioned in section 15... of the Lotteries & Amusements Act".

The result of this is that as long as any gaming which takes place is run under the provisions of this particular section, then section six will not apply to it and the prior permission of the licensing authority will not be required.

This is obviously a technicality which most police forces and possibly licensing officers would not readily appreciate, and it is understandable that they rely mainly on section six of the Gaming Act in their dealings with pubs. It is, therefore, essential that anyone who is involved with running or promoting fund-raising evenings of this type is fully conversant with the legal details, and demands from the supplier a written statement of the law that can be proffered to the local police in cases of doubt.

There are two main conditions for running events of this nature, which are vitally important for organisers. The first is that the whole proceeds of the whole evening's entertainment, including in my view the bar profits from the room or premises in which the entertainment is being held, must be devoted to "purposes other than private gain"; and secondly, that the provision of gaming must not be the only, or the only substantial, inducement for persons to attend the event.

This means that to qualify as acceptable under this section, the gaming must be only a part of the entertainment provided, and must on no account be advertised as the main attraction, in order to persuade the public

to attend.