Q&A
Betting on pool games
Q. We have had a discussion in the bar about people betting on pool matches here. I have been told that this is legal in pubs, as it is a game of skill. Is this right? Is there any comeback against me if this goes on privately between customers?
A. It would pay you to be extremely cautious about any form of betting that takes place on licensed premises, and certainly the explanation from your friend, which you have sent me, is open to misinterpretation.
What needs to be done is to draw a distinction between the playing of games of chance for money, which is now controlled by the Gambling Act 2005, and the playing of games of skill for wagers between the participants, which is not controlled in the same way.
Games such as darts, snooker, pool, shove ha'penny and skittles are considered games of skill,
in which the element of chance
is not predominant. So if the opponents bet with each other on their own prowess, this is perfectly in order and the winners may claim the money
or drinks that have been wagered on the outcome.
What is not covered by this concession is the placing of side bets or the making of a book by a non-participant on the outcome of the game. This certainly constitutes gaming and should be actively discouraged wherever it is encountered.
It might be sensible to ban all forms of gambling not authorised by you as the licensee and designated premises supervisor (DPS). In this way, you can remove the possibility of borderline cases, which could land you in court. Remember that the DPS does have responsibility for gambling activities in a pub.
Signing rights away
Q. We have been offered what appears to be a good tenancy, but the company's estate manager has informed us
that in order to take this tenancy we must sign away our rights under the landlord and tenant laws. Surely we cannot do this as we would have no redress. Isn't this against human rights law?
A. You are lucky about the tenancy, of course, but right to be concerned. This arrangement would not in itself breach human-rights legislation as it is part of an arrangement requiring the consent of both parties to disapply certain provisions of the law, for what is perceived to be a benefit to both sides.
Section 38 of the Landlord and Tenant Act 1954 specifically provides for the court to assent to a joint application by the landlord and tenant to disapply the protection of the Act in certain circumstances. It is widely used in the licensed trade, so that the terms of the actual lease with regard to renewal and the giving of notice are paramount.
It is up to you as the tenant to ensure that there are necessary safeguards in the lease itself,
and you may think it wise to consult a specialist licensed trade solicitor with regard to
the actual terms being offered.
It would be money well spent.
No licence for relief manager
Q. The owner of this pub is going on holiday soon. As I do not currently have a personal licence, will I be breaking the law if I run the pub while he
is away?
A. It is a condition of all licences under the new system that every sale of alcohol "must be made or authorised by a person who holds a personal licence". The Government clearly recognised the practicalities of running a business that opens for many hours, and there are likely to be times when the licence holder is away. Again, nothing in the Act states or implies that another licensed person must take over in such circumstances.
The Government advice is that delegated authority may be given by the personal licence holder to someone else while he is away, on the understanding that he retains responsibility for what occurs there. This should be in writing, and he should check back with you regularly.
