This is a general explanation of the circumstances in which 'casino nights' can be played under the Gambling Act 2005. It does not deal with every detail of the legal provisions, or with the individual circumstances of a particular case.
Casino gaming includes games like roulette and blackjack where players compete against the 'house' or a banker, rather than against one another on equal terms.
Commercial casino gaming is licensed and regulated by the Gambling Commission.
Clubs and Miners' Welfare Institutes that hold a club gaming permit issued by us may provide facilities for two types of 'banker's' game:
- Chemin de fer
Blackjack is not permitted.
A maximum participation fee of £3 for each person, each day may be charged for this gaming, but no amounts may be deducted from either stakes or prizes.
Organisations can hold casino games for charitable or other non-commercial purposes, such as to raise funds for a club or society. They can do this under the prize gaming part of the Act.
Non-commercial gaming of this kind may only take place at events where none of the proceeds are used for private gain. The proceeds include the sums raised by the organisers, including any participation fees, sponsorship, commission from traders, minus the costs reasonably incurred in organising the event.
The sums raised by other persons will not form part of the proceeds of the event and so may be used for private gain, such as an independent third party providing refreshments.
Non-commercial gaming may be an additional activity or the only, or principal, purpose of the event. To qualify as prize gaming, the prizes (whether in cash or in kind) should be put up in advance, and must not be dependent on the number of players taking part or the amount of money staked.
The players taking part in non-commercial gaming must also be told what the 'good cause' is that will benefit from the gaming profits. There are no statutory limits on stakes, prizes, participation fees or other charges for this type of non-commercial gaming. No licence, permit or other form of permission is required to operate this kind of gaming, as long as the statutory conditions are complied with.
What is private casino gaming?
Private casino gaming may take place in two circumstances:
- Domestic gaming: in a private dwelling, on a domestic occasion.
- Residential gaming: in a hostel, hall of residence or similar establishment, but not on premises operated as a trade or business, as long as the majority of people taking part are residents.
No charge may be made for taking part in private gaming, including an entrance fee or other charge for admission, nor can any amounts be deducted from stakes or prizes.
Private gaming may not be provided in any place where the public have access, and no profits may be made from it, regardless of where the profits may go.
The Gambling Act 2005 restricts new casino licences to:
- one regional casino
- eight large casinos
- eight small casinos within England and Wales.
There are none of these types of casinos in Derby and therefore no applications for new casino licences will be permitted in Derby.
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