Legal top tips: raising funds for charity

As always there are many factors to consider, although several types of event can be successfully held depending upon the nature and location of the function and the type of promotion considered.

Below are a few examples of ways in which you can raise funds in an entertaining way, while not falling foul of the potential pitfalls associated with gambling legislation:

• Raffles can be used to raise funds for charity without permission if they are held at a non-commercial event, such as a school fête, dinner dance or at an event ‘night’ like those discussed below, where all the proceeds including entrance fees and the sale of food and drink are given to the charitable cause. A maximum of £500 can be spent on the prizes, although additional prizes can be donated. Raffle promoters may not deduct more than £100 from the proceeds to cover expenses, such as the costs of tickets and the hire of equipment. All raffle tickets must be sold at the event, there can be no rollover of prize from one event to another and the results of the draw must be made public at the event itself.
• Casino nights can also be used to raise funds for charity and are permitted in pubs without the requirement for an additional licence or permit, provided certain conditions are followed. Depending upon the nature of the gaming to be provided there can be strict stake and prize limits. However, if only roulette and blackjack tables are provided and the events determine who the winners are, for example, the player with the most chips at the close of play, then there are no limits to prize, stake and participation fees. All prizes must be advertised in advance and must not be dependent upon the number of players and stakes raised. All the proceeds from the event, including sponsorship, entrance fees and the difference between stakes and prizes, less reasonable costs, must be given to the good cause selected and all participants must be informed in advance that proceeds will be donated to that cause.
• Race nights can be run in a similar way to the casino night promotion discussed above, provided that the conditions stated are followed. Participants can stake money on the outcome of live, recorded or virtual races provided that the selection of the ‘horse’ is wholly dependent upon chance and no ‘form’ or ‘odds’ are given. Winners are determined by those who have selected or been allocated the winning ‘horse’ and any prize awarded must have been advertised in advance.
• At all the above events, no profit must be retained for private gain, with all proceeds being donated to the good cause selected. However, third parties that are not involved with the gaming can make a profit. Provided that an external promoter is used to organise the event and manage all the gaming, a profit can be made from the sale of refreshment.

You may wish to provide different types of games such as poker and bingo or you may have an alternative promotion in mind. While other gaming may be used for charitable purposes, there are often strict guidelines and limits, which must be applied.

It is important to ensure compliance with the relevant rules and regulations because both the Gambling Commission and local authorities are proactive in terms of detecting and preventing illegal gambling.