Poker in public houses
Poker has never been more popular. Poker games are now even televised regularly, and the top players💱 have even acquired a certain amount of fame. The games profile has never been higher.
Many pubs around the country advertise💱 regular poker nights. In the past this was illegal but the Gambling Act 2005 has changed that. Many rules about💱 gambling have changed including a relaxation in the law with regard to playing poker in licensed premises.
As mentioned above it💱 is now legal for poker to be played in pubs and clubs, but there are strict restrictions on the way💱 that the game can be played, and a number of duties placed upon the licensed premises' Designated Premises Supervisor.
Duties
These include💱 ensuring:
That all players are over 18 years of age. This should include: restricting the gaming to premises or parts of💱 the premises which are open only to over 18s; strict and detailed ID checks; refusing participation to anyone who is💱 apparently under 18 years and who does not have acceptable ID.
No Participation Fees may be charged for entry.
Generally, gaming must💱 be ancillary to the rest of the pubs activities. It should not be (or become) the main purpose for which💱 people come to the premises.
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Stakes and winnings
The maximum that may be staked per player per game not per💱 hand is £5.
The maximum amount of stakes between all the players in a particular premises in any one day (defined💱 as 24 hours from 12 noon to 12 noon) is £100. This means that you can only have a maximum💱 of twenty players if each stakes the maximum of £5.
The most that can be staked on games of poker in💱 a single premises over any seven-day period, between all the players involved, is £500.
The maximum amount that can be won💱 in any particular game (not per hand) is £100. This matches the amount of total stakes permitted.
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Responsibilities of💱 the Designated Premises Supervisor
The Designated Premises Supervisor (DPS) has legal responsibility for ensuring that the rules relating to poker events💱 are followed. A breach of the rules constitutes a criminal offence, with potential consequences for the DPS themselves. Prosecution can💱 jeopardise both his/her Personal Licence the Premises Licence can be reviewed, and the Local Authority can also prevent the premises💱 from holding any future poker evenings.
All gaming must be located so that it can be properly supervised by the Premises'💱 staff.
The staff must be properly trained and briefed about the rules and the event, their roles and responsibilities.
There must be💱 procedures to prevent under-age gambling.
All payments in respect of the event (ie chips purchased, stakes placed, etc) should be paid💱 for in cash before the start of the game. There must be no credit.
All players must be notified of any💱 stake limits.
All equipment used (cards, chips, etc) must be supplied by the premises and securely stored when not in use.💱 It should be replaced if it is damaged or marked. No player should be allowed to supply their own cards,💱 chips, etc.
The rules of the game being played must be displayed or in some other appropriate way made available to💱 all players, (eg laminated cards) before and during the game.
The DPS is responsible for ensuring a pleasant atmosphere and preventing💱 participation by customers who cheat, issue threats or otherwise create a disturbance or damage equipment provided.
In order that the DPS💱 and any Authority carrying out checks can ensure that the various stakes and prize limits are not being broken, the💱 DPS must keep a record of: The number of games played; The number of players; and The amount staked.
The DPS💱 must take all reasonable steps to ensure that no-one is breaking the stake limits, etc. by side bets, additional raises💱 or any other ways of increasing the pot. If the DPS discovers this sort of activity going on, the game💱 must be stopped immediately and the stakes returned to individual players.
The Gambling Commission recognises that the above restrictions are very💱 difficult in practice for premises and the DPS to comply with. They therefore strongly recommend that cash games are not💱 permitted. However, if cash games are allowed, the pot must be kept in sight so that it can be viewed💱 by the DPS at all times. It has been suggested that this means that the pot should be kept behind💱 the bar!
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Summary
The effect of the new regulations is effectively a relaxation against the general bar on games of💱 poker in pubs. However, the act does impose very strict regulations upon the amount to be staked and the responsibilities💱 of the management. The rules do not appear to give any leeway for the Designated Premises Supervisor to delegate his💱 or her responsibilities for supervising such games, which, if interpreted strictly, means that if the Designated Premises Supervisor is not💱 on site, the games cannot take place. Advertising has to be kept low key in order to avoid breaching the💱 Gambling Commission’s Code regarding gambling-related advertising and of course poker must not become the main incentive for people to come💱 to the premises.
There has been an increasing trend over the last few years for pubs to offer poker despite the💱 legal ban. In some cases operators have been prosecuted by the Gambling Commission, but there is a suggestion that in💱 many other cases, a blind eye has been turned to Poker events. This is no longer the case and Local💱 Authorities and Police Forces have been encouraged to crack down on illegal events.
The Gambling Commission has issued guidance specifically for💱 the operators and the users of such premises.
Gambling Commission advice on Gaming in Licensed Premises
See also:
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