By Niall Hassard
Following February’s article reminding publicans about the rules and regulations surrounding their pub puggie I’ve had client queries over poker, bingo and raffles.
Summarising some of the general guidance issued, this ‘cheat sheet’ aims to provide a one stop guide covering what is permitted in pubs under the Gambling Act 2005. Failure to comply with the rules can result in prosecution and fines!
Eligibility
To be eligible to provide exempt forms of gaming (i.e. without a Gambling Act operator and premises licence) in Scotland you must:
• Hold an alcohol premises licence permitting on-sales
• Gaming must be permitted within the operating plan
• The premises must have a physical bar servery selling alcohol in its own right. That means premises that only sell alcohol along with food are not eligible.
• Gaming and the use of gaming machines is only permitted during the hours the premises licence allows the sale of alcohol. Therefore no late-night or early morning gaming outwith licensed hours is permitted.
• Under 18s should not take part in any gaming.
The General Rules are as follows:
Pubs may offer ‘Equal Chance’ gaming – equal chance games do not involve staking against a banker and can include:
• Poker
• Bingo
• Dominoes
• Cribbage, Rummy, Mahjong & Backgammon
Conditions:
• Gaming must be ancillary to the pub’s main purpose
• Gaming must be supervised and comply with the Gambling Commission’s Code of Practice
• No participation fees
• No rake i.e. deductions from stakes or winnings by the venue
• No linking games with other premises.
I’ll set out the rules, stakes and prizes for the most popular forms of pub gaming below.
Poker Rules for Pubs
Poker in pubs has seen a resurgence in recent years with weekly games being advertised alongside the weekly pub quiz.
• Only equal chance poker permitted i.e. no banker
• Maximum stake: £5 per player per game
• Maximum prize: £100 per game
• Maximum total stakes per day per premises: £100
• No participation fees
• No rake
• No linked games or multi pub tournaments.
Bingo Rules for Pubs
No longer the exclusive purview of the blue-rinse brigade, the appetite for bingo as a form of entertainment has bingo-ing from strength to strength! If you wish to get in on the action be aware of the undernoted.
• Maximum stake: £5 per person per game
• No participation fees
• No rake
• Games must not be linked with other premises
• Weekly limit: £2000 cannot be exceeded in either stakes or prizes.
Raffles
In legal terms a raffle is a form of lottery. Accordingly, understanding the difference between the likes of a customer lottery and an incidental lottery means you can avoid the pitfalls of non-compliance.
Customer raffle
You can run a raffle for your customers subject to the customer lottery rules.
This type of lottery is not a fundraiser but, rather, a way of engaging with your customers. The following rules apply.
• Maximum prize value £50
• It cannot be for profit i.e. tickets sold should not exceed the prize cost value
• It cannot be for fundraising
• Tickets can be sold to over 16s only
• The ticket should have – the name and address of the organiser; price; age restriction and state “non transferable”
• Tickets must be physically sold to customers (i.e. not online)
• The draw must take place in your premises.
Charity Raffles
Many premises sit at the heart of the local community and often host fundraising dinners and events with raffles for good causes a means for raising funds. The raffle must sit alongside the event.
• Tickets can be sold to those attending the event (no age restrictions apply)
• They must be sold at the premises during the event
• The ticket must be physical but there is no prescribed form
• You can take a maximum £100 to cover the costs of running the raffle (printing etc)
• A maximum of £500 can be deducted to cover the cost of prizes.
Charity Race Night
A charity race night sees customers stake money on the outcome of live, recorded or virtual races. The race night must take place in real life i.e. not online or via social media.
• The horses must be chosen based on chance (i.e. no odds or form guides)
• It cannot be for profit
• All money raised must go to the advertised good cause (you can deduct reasonable costs to cover the prizes/ printing)
• No age restrictions apply.
When it comes to exempt gaming and charity fundraising this guide will make sure you aren’t simply trying to bluff your way through, but you should always take advice on your specific plans.
The advice offered in SLTN is published for information only. No responsibility for loss occasioned by persons acting or refraining from action as a result of material contained on this page or elsewhere in SLTN can be accepted by the author or publisher
