Guidance
Guidance to licensing authorities
The Gambling Commission's guidance for licensing authorities.
Contents
- Changes to the Guidance for Licensing Authorities
- Part 1: General guidance on the role and responsibilities of licensing authorities in gambling regulation
- Introduction
- Partnership working between the Commission and licensing authorities – shared regulation
- Co-ordination and contact
- Primary legislation
- Statutory aim to permit gambling
- The licensing objectives
- Codes of practice
- Licensing authority discretion (s.153 of the Act)
- Local risk assessments
- Licensing authority policy statement
- Limits on licensing authority discretion
- Other powers
- Part 2: The licensing framework
- Introduction
- Operating licences
- How operating licences are granted
- Operating licence conditions and codes
- Personal licences
- Premises licences
- Part 3: The Gambling Commission
- Introduction
- Main functions of the Commission
- Relationship between the Commission and licensing authorities
- Part 4: Licensing authorities
- Part 5: Principles to be applied by licensing authorities
- Licensing objectives
- Section 153 principles
- Codes of practice
- Good practice in regulation
- Human Rights Act 1998
- Other considerations
- Part 6: Licensing authority policy statement
- Introduction
- Fundamental principles
- Form and content
- Other matters to be considered
- Local risk assessments
- Local area profile
- Declaration by licensing authority
- Consultation
- Reviewing and updating the policy statement
- Advertisement and publication
- Additional information to be made available
- Part 7: Premises licences
- Introduction
- Premises
- Access to premises
- Multiple activity premises – layout and access
- Applications
- Application for premises variation (s.187): ‘material change’
- Consideration of planning permission and building regulations
- Part 8: Responsible authorities and interested parties definitions
- Part 9: Premises licence conditions
- Introduction
- Conditions and authorisations by virtue of the Act
- Conditions attached through regulations made by the Secretary of State or Scottish Ministers – all premises
- Conditions that may not be attached to premises licences by licensing authorities
- Part 10: Review of premises licence by licensing authority
- Introduction
- Initiation of review by licensing authority
- Application for a review
- Carrying out a review
- Part 11: Provisional statements
- Part 12: Rights of appeal and judicial review
- Part 13: Information exchange
- Underlying principles
- Information licensing authorities provide to the Commission
- Other licensing authority information requirements
- Part 14: Temporary use notices
- Part 15: Occasional use notices
- Part 16: Gaming machines
- Introduction
- Categories of gaming machine
- Age restrictions
- Maximum number of machines by premises type
- Multiple activity premises
- The meaning of ‘available for use’
- Machines other than gaming machines in gambling premises
- Part 17: Casinos
- Casino premises
- Casino games
- Protection of children and young persons
- The process for issuing casino premises licences
- Resolutions not to issue casino licences
- Converted casinos (with preserved rights under Schedule 18 of the Act)
- Casino premises licence conditions
- Mandatory conditions – small casino premises licences
- Mandatory conditions – converted casino premises licences
- Default conditions attaching to all casino premises licences
- Self-exclusion
- Part 18: Bingo
- Introduction
- Protection of children and young persons
- Gaming machines
- Self-exclusion
- Bingo in clubs and alcohol-licensed premises
- Bingo premises licence conditions
- Part 19: Betting premises
- Introduction
- Protection of children and young persons
- Gaming machines
- Self-exclusion
- Self-service betting terminals (SSBTs)
- Betting premises licence conditions
- Industry codes
- Part 20: Tracks
- Definition of a track
- Track premises licences – differences from other premises licences
- Betting on tracks
- Licences and other permissions for the provision of betting facilities
- Betting on event and non-event days
- Social responsibility considerations for tracks
- Gaming machines
- Self-service betting terminals (SSBTs)
- Applications
- Licence conditions and requirements
- Part 21: Adult gaming centres
- Introduction
- Protection of children and young persons
- Self-exclusion
- Gaming machines
- AGC premises licence conditions
- Part 22: Licensed family entertainment centres
- Introduction
- Protection of children and young persons
- Meaning of premises
- Licensed FEC premises licence conditions
- Part 23: Introduction to permits
- Part 24: Unlicensed family entertainment centres
- Introduction
- Applying for a permit
- Granting or refusing a permit
- Lapse, surrender and forfeiture
- Renewal
- Maintenance
- Part 25: Clubs
- Defining clubs
- Bingo in clubs
- Betting in clubs
- Exempt gaming
- Protection of children and young persons
- Permits
- Appeals
- Part 26: Premises licensed to sell alcohol
- Introduction
- Automatic entitlement to two machines
- Licensed premises gaming machine permits
- Exempt gaming
- Bingo
- Betting
- Commission codes of practice
- Scotland
- Protection of children and young persons
- Prohibited gaming
- Part 27: Prize gaming and prize gaming permits
- Part 28: Non-commercial and private gaming, betting and lotteries
- Introduction
- Non-commercial gaming
- Private gaming
- Private betting
- Incidental lotteries
- Non-commercial ‘casino night’
- Non-commercial race night
- Part 29: Poker
- Introduction
- Poker in casinos
- Poker as exempt gaming in clubs and alcohol licensed premises
- Poker as non-commercial gaming
- Poker as private gaming
- Advertising
- Part 30: Travelling fairs
- Part 31: Crown immunity and excluded premises
- Part 32: Territorial application of the Gambling Act 2005
- Part 33: Door supervision
- Part 34: Small society lotteries
- Small society lotteries
- The status of lotteries under the Act
- Licensing authority guidance
- Social responsibility
- External lottery managers’ licence status
- Lottery tickets
- Prizes
- Specific offences in relation to lotteries
- Application and registration process for small society lotteries
- Administration and returns
- Part 35: Chain gift schemes
- Part 36: Compliance and enforcement matters
- Fees
- Enforcement officers and authorised persons
- Powers of entry – England and Wales
- Powers of entry in Scotland
- Illegal gambling
- Test purchasing and age verification
- Primary Authority
- Prosecutions
- Other powers
- Case law, templates and case studies
- Appendix A: Summary of machine provisions by premises
- Appendix B: Summary of gaming machine categories and entitlements
- Appendix C: Summary of gaming entitlements for clubs and alcohol-licensed premises
- Appendix D: Summary of offences under the Gambling Act 2005
- Appendix E: Summary of statutory application forms and notices
- Appendix F: Inspection powers
- Appendix G: Licensing authority delegations
- Appendix H: Poker games and prizes
- Appendix I: Glossary of terms
Appendix H: Poker games and prizes
The overall winner wins the pot in each game and wins an overall prize based on points
If the tournament winner played three games in the whole tournament, and his winnings (from the pot) in each of these games were £100, £70 and £60 respectively, each game would fall under the £100 prize limit. This would leave £0 from the first game, £30 from the second game and £40 from the third game, which could be put towards the winner’s overall tournament prize. In these circumstances, the tournament prize could be up to £70 (£0 + £30 + £40). Thus, where the pot in individual games is under £100, the tournament winner’s overall prize must not exceed the aggregate of the shortfall in each of the games he plays.
The overall winner is only awarded points in each game and wins an overall prize based on points
Let’s still assume that the tournament winner plays three games in the whole tournament. If there is no individual prize in any of the three games, then the overall prize can be up to £300 (£100 for each game the winner has played). If, on the other hand, the winner played in only two games, then his overall prize may not exceed £200, and so on. Please note that the relevant number of games is the games in which the winning player participated, and not only the games that they won.
Organisers of such competitions will therefore need to work out the total value of any overall prize with reference to the number of games to be played by the overall winner and the total pot (if any) in each game.
While ‘non-cash’ poker for points leagues can provide harmless and legal entertainment, those promoting such leagues should be aware of the Commission’s code of practice on equal chance gaming and take steps to prevent individual stakes limits being exceeded through side bets or illegal activity such as agreements to ‘settle’ games outside the gaming area. Where illegal activity is detected, licensing authorities should consider the removal of the alcohol licensed premises’ exemption, which allows poker and other exempt gaming to be played.
The overall winner is only awarded points in each game and wins an overall prize such as the opportunity to participate in a major poker tournament, casino vouchers, holidays etc
In these circumstances, tournament organisers must ensure that the statutory limits for poker in alcohol licensed premises and clubs are complied with. In particular, they must carefully consider the value of the prizes offered for games leading up to the tournament final (including money’s worth or non-monetary prizes such as holidays, cars, casino vouchers, or buy-ins or seats at the final). In addition, organisers should take into account that where players are competing across premises for an overall prize, they are likely to be engaged in linked gaming, which is not permitted.
Free or donated prizes are awarded to players in addition to the maximum prize pools for poker in clubs and alcohol licensed premises
The Act refers to money or money’s worth in respect of prizes. This would include free or donated prizes which have an intrinsic value. Any prizes offered in addition to the prize pool must remain within the limits for prizes in games of poker in clubs and alcohol licensed premises. The prize limit is £250 per game in a club and £100 per game in a pub. Therefore, for example, if the prize pool available for a particular game is £80, then any non-monetary prizes must not have a value exceeding £20.
Poker is offered in a members’ club or miners’ welfare institute with a club gaming permit
Members’ clubs or miners’ welfare institutes with club gaming permits may offer poker with unlimited stakes and prizes, but the only persons who may participate in such gaming are club members and their genuine guests. In this regard, the club must be able to demonstrate that it has a genuine and legitimate club membership scheme. Clubs must also ensure that the statutory limits on participation fees are not exceeded. The limit for bridge and whist is £20 and for other gaming is £3. In addition, there is a limit of a maximum of £2,000 per week in stakes and prizes for bingo in a members’ club or welfare institute. If it is the intention of the club or institute to exceed these limits, it will be necessary for them to apply for an operating licence.
What constitutes ‘money’s worth’?
Money’s worth relates to the realistic value of the prize offered. It includes emoluments, vouchers, goods or other items which have a value. A prize such as a ‘goody bag’ would be considered money’s worth and is, therefore, subject to the statutory limits for exempt gaming. Donated prizes would also be considered money’s worth. This would include prizes such as the buy-ins at major poker tournaments or the opportunity to participate in poker tournaments at venues such as Monte Carlo, especially as this type of prize is likely to include the cost of the airfare and accommodation.
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Appendix I: Glossary of terms
Last updated: 14 September 2023
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