Eyes down or hold 'em?
The recent much-welcomed increases in the limits for pub AWP machines have hit the headlines, but other types of gambling on licensed premises have not been so prominent of late.
The relaxations in the Gambling Act, about which I wrote at the time, have certainly led to the development of small-scale poker schools, and to non-gambling varieties of poker, which is a popular game in its own right. But bingo, which is now allowed in pubs where previously it was discouraged by the Gambling Commission, has not figured in the news.
Why is this? There is no doubt that the game is still very popular in many parts of the country, although commercial bingo clubs are definitely feeling the pinch. So it could mean a boost to customer numbers on a slack night, or, if successful, a new set of regulars.
Bingo may start being played in the pub at any stage without the need for any special permission or licence. Fortunately, the Gambling Act 2005 and the regulations have deregulated low-level gambling of this type, as long as certain conditions are met. But the caution is that there is a strict limit on stakes and prizes which could be critical for those running pubs.
The exemption applies to equal-chance gaming only, which is what bingo is. This means no bankers' games and all the players equal — and there is strictly no fee to be charged by the licensee for participants, nor any deduction from stakes or prizes. It's the adult customers who play the games; all the licensee has to do is to ensure the limits are applied.
This is important. The maximum that can be staked by any player is set at £5. This applies to all types of games, including bingo. The bingo limits are separately mentioned in the Act itself, with a maximum for either stakes or prizes set at £2,000 in a week. If you exceed either of these limits, then you move into a separate licensing system with the Gambling Commission and must technically advise them immediately you do so.
It is best to have a system in place to check on this, although weekly OAP bingo sessions with a fixed number of cards and stake levels should not cause too much concern.
Much play has been made of the Codes of Practice which have been published in relation to gaming activities. These do impose new obligations, but it is difficult to see how problem gamblers can reasonably be identified in low-level gaming situations. There is in any event a prohibition on participation by those under 18, including for bingo.
The main precaution to be taken by those operating pub and club premises is to ensure that the cash limits are not breached, and as I have already pointed out on this page, this is yet another time-consuming responsibility for those behind the bar. It cannot be that the law requires gaming of this kind to be permanently supervised by a member of staff, whose job it is to count the number of cards issued and the stakes — all for no financial benefit to the landlord!
At the end of the day, who is responsible? In terms of breaching the Act, it will be the premises licence holder, not the Designated Premises Supervisor or the staff. The licensing authority can suspend or restrict gaming on the premises if the conditions have been breached. In the case of high turn-over bingo, there is a specific offence for which the licence holder could be prosecuted and fined. The moral is to keep the gambling at a low level and explain the limits to your customers as soon as you can.
