Poker Games and Leagues In Public Places

We have recently had a number of enquiries from licensees who want to run poker leagues in their pubs.  It has been an area of much debate, and we set out our views on it, in premises that are not specifically licensed for gaming.
 
The restrictions within the Gaming Act 1968 are not on poker per se, but on "gaming".  Gaming is "the playing of the game of chance for winnings in money or money's worth, whether any person playing the game is at risk at losing any money or money's worth or not".  

Therefore poker will still be gaming if there is any prize associated with the games.  It is also gaming even if there are no stakes made by players.  
 
There are many restrictions on gaming which include the following:-

• Type of game that can be played, including restrictions on where the risk in the game lies.
• There can be no charge for taking part in gaming.  Admission fee is assumed to be a charge for gaming.  
• There can be no levy on stakes or winnings.
• No person under 18 can take part in the gaming.
• There can be no advertisements relating to gaming, including those which inform the public that gaming takes place on the premises.
• Gaming is not allowed in a public place.  This includes Public Houses/Bars.  
  

If you are considering providing gaming in a private room then you should seek advice in respect of persons to be admitted, as the wider this is the more likely the courts will regard it as being a public place.  
If any game does not involve the winning of a prize and is purely for pleasure then it is not classed as gaming and the restrictions do not apply.
 
Poker Leagues

This seems to be the area which causes the most concern. If poker games are played purely for points in a league, with no ultimate prize for the person winning the league then it is not gaming.  However, as soon as any prize is introduced the restrictions apply.  
 
It is common for those at the top of various leagues to play in a "final" where prizes are available.  That final itself will be gaming and will be subject to regulation.  However, provided there is no handicap in the final, based on league placing, so that everyone in the final starts on an equal footing, our view is that in this example the league games themselves will not be gaming.  However, there is no firm legal precedent on this point.
 
We are also aware that some leagues provide for the winners to enter a final at a destination with "expenses paid".  Our view is that the expenses themselves are "winnings in money or money's worth" and therefore the league games would amount to gaming.
 
In addition, if all participants in a final were guaranteed a share of a "pot" or any other minimum prize then the league games themselves would be gaming.
 
It is possible for Public Houses/Bars to apply to the local authority for an order allowing limited gaming (including poker) to take place in public on the premises.  This is likely to be met with restrictions and is not a straightforward application.  We can advise on the making of such an application should it be of interest.  
 
Beware of anyone who tells you that the scheme or the league which they operate is legal and has the approval of the Gambling Commission.  In our experience the Gambling Commission do not give such assurances.  If you hold the game in your premises you will be the one that it ultimately liable if a prosecution is brought.
 
You should also be aware that if the activities of others render the poker games illegal –for example by placing side bets or settling up after the event- then you could be criminally liable even if it is done without your consent or knowledge.
 
Speak to us before you allow any event to take place on your premises.

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