Skill with prizes machines (SWPs)
The Gambling Commission is frequently asked
whether a particular prize machine is, or is not, a gaming machine.
Most commonly, the question is asked in respect of a machine
marketed as an SWP. The answer to that question depends upon
whether any of the games offered on the machine amount to ‘gaming’
as defined in section 6 of the Gambling Act.
The interpretation of the Gambling Act is, of
course, ultimately a matter for the courts. Nevertheless, we hope
that our advice note
Is a prize machine a gaming machine - July 2010, revised slightly in
light of the SWP and taxation review, will be helpful to
manufacturers and suppliers of machines, and those who make
machines available for use, as it sets out how we approach the
question of whether a game falls within the scope of section 6 of
the Gambling Act. This note should be read in conjunction with
the
characteristics published by HMRC on 30 July 2010. The
characteristics set out in more detail what features SWPs should or
shouldn’t have, to help answer the questions set out in this
document.
We also issued a
Joint statement with HMRC - December 2009, which set out our
views in respect of games presented as recognised games of
chance. This is reflected in the notes and characteristics
referred to above.