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5 - Poker as private gaming

29.46. Poker offered as private gaming can take place

anywhere to which the public do 🛡 not have access, and this would include a workplace.

Domestic and residential gaming are two subsets where non-equal chance gaming 🛡 is

allowed:

Domestic gaming is permitted without the need for permissions if:

it takes

place in a private dwelling

it is on a 🛡 domestic occasion

no charge or levy is made for

playing.

Residential gaming is permitted when:

it takes place in a hall of residence 🛡 or

hostel not administered in the course of a trade or business

more than 50 percent of

the participants are residents.

29.47. 🛡 Private gaming can potentially take place on

commercial premises in circumstances where a members’ club hires a room in, for

🛡 example, a pub or hotel for a private function where equal chance gaming only is

played. However, organisers would need 🛡 to scrutinise very carefully the arrangements

put in place to make sure that the particular area of the pub, hotel 🛡 or other venue in

which the gaming takes place is not, on the occasion of the private function, a place

🛡 to which the public have access and that those participating are not selected by a

process which means that, in 🛡 fact, they are members of the public rather than members

of the club. The law in this area is complex 🛡 and organisers should be advised to seek

their own legal advice before proceeding with the event.

29.48. It is a condition 🛡 of

private gaming that no charge (by whatever name called) is made for participation and

Schedule 15 to the Act 🛡 makes it clear that a deduction from or levy on sums staked or

won by participants in gaming is a 🛡 charge for participation in the gaming. It is

irrelevant whether the charge is expressed to be voluntary or compulsory, particularly

🛡 if customers are prevented from playing if they do not make the ‘voluntary’ donation,

or there is strong peer pressure 🛡 to make the donation. A relevant decided case in

another licensing field is that of Cocks v Mayner (1893) 58 🛡 JP 104, in which it was

found that an omnibus said to be available free of charge but whose passengers 🛡 who were

invited to (and in some cases did) make a voluntary contribution was ‘plying for hire’

without the appropriate 🛡 licence.

29.49. Additionally, the decided cases of Panama

(Piccadilly) Ltd v Newberry (1962) 1WLR 610 and Lunn v Colston-Hayter (1991) 155 🛡 JP 384

are helpful in guiding local authorities in deciding whether a person ceases to be a

member of the 🛡 public merely because they have agreed to become a member of a

club.

29.50. In the first of these cases (which 🛡 related to a strip show), the court

said that an applicant for membership of the club and admission to the 🛡 show was and

remained a member of the public, as the whole purpose (of membership) was to get

members of 🛡 the public to see the show and there was no sufficient segregation or

selection to cause an applicant to cease 🛡 to be a member of the public and to acquire a

different status as a member of a club on 🛡 signing his application form and paying the

charge. In the second (which related to an acid house party), the judge 🛡 said that it

was impossible, merely because of the existence of a formal scheme of club membership

enforced to the 🛡 extent of requiring tickets to be obtained 24-hours in advance of the

event, to regard those who obtained such membership 🛡 and tickets as having ceased to be

members of the public.

29.51. This means that people joining a club to attend 🛡 and take

part in a ‘private’ event are likely to remain members of the public, particularly if

‘club membership’ is 🛡 acquired only a short time before, and in order to attend the

event.

Previous section

Poker as non-commercial gaming

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