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Gaming and private functions

QA local club hired our upstairs

function room recently for an event at which it was reported to me there was some gambling going on. I was not present, but when I enquired about this, the organiser, who is a lawyer, said it was a fund-raising event, which is

exempt, and he implied that it was none of my business. Is this right?

A In my opinion you should never trust

a lawyer! That being said, even if

he is right, he should be aware of your

responsibilities, and that there could

clearly be repercussions on you as the premises licence holder.

It seems to me that he is relying on a little-known part of the new Gambling Act which allows non-commercial gambling to take place where the proceeds are not used for private gain.

First of all, this was clearly an event, and it may have been a fund-raiser for the club concerned. Entry was restricted to club members and invited guests and not

ordinary customers. Clearly then you

were not providing the gaming or making gambling facilities available.

Secondly, the fact that you made a charge for the room is just part of the expenses of the event, and the gambling was still

conducted for purposes other than private gain, because the proceeds went to club funds. Also, the fact that you charged for refreshments and/or drinks does not

constitute "private gain" from the event.

If the members took part in equal-chance gaming, then there are no statutory limits on stakes, prizes, participation fees or other charges and no licence, permit or other form of permission is required.

However, it should be made a requirement by you of any hiring that any gambling

activity is brought to your attention in advance and that you reserve the right to prohibit such activities unless you are

completely satisfied that it is legal.

Pub on two floors

QWe have a harbour pub which is on two floors with two separate entrances from the street. To a certain extent the floors tend to have different types of customer, although I run them both. Now it has been suggested that I need a personal licence holder (PLH) on each floor as they are separately run. Is this the case?

A If it is, then there will be a lot of pubs

in trouble. I assume that you are the designated premises supervisor. It is up to you to decide how the bars themselves should be supervised, unless there is a

specific condition placed on your licence as the result of a review hearing.

There is nothing in the Licensing Act requiring two PLHs in such a situation. But you are required to show that you are in a position to exercise proper responsibility for both parts of the premises.

If you have given good instruction and training to staff, and have delegated your

responsibility to someone in the correct way, and have good internal methods of communication, then you are quite capable of supervising both floors, even if you are not present all the time.

I'm aware that some licensing authorities actively encourage additional PLHs. In some cases where there has been previous trouble or disorder, it is made a condition that sales can only be made when a PLH is present.

But this does not so far apply in your situation. At some stage you may consider this an appropriate measure if someone else reliable and responsible among your staff takes the relevant examination and obtains a personal licence.