Pub poker: licensees should be wary of what constitutes "private gaming"

Game on: there are risks to hosts in allowing private gaming on their premises

You may remember an article I wrote on the pitfalls of private poker earlier in the year in which I highlighted the potential dangers of allowing unlimited stakes and prizes in your pub. I was moved to write the piece as I had become aware of a number of examples where licensees had allowed third parties to run unlimited stake and prize poker in their pubs, endangering their premises licences and risking prosecution.

Recently the Gambling Commission warned owners of pubs, clubs and hotels that hosting poker as private gaming is not possible without excluding public access. It updated its advice document on poker in alcohol-licensed premises with a new section on pubs running poker as private gaming.

The Commission’s advice follows similar examples where licensees have misguidedly tried to use alcohol-licensed premises to play high-stakes poker under the guise of private gaming.

The Commission’s advice reminds licensees that private gaming can take place only in an area that is not accessible by the public. It also warned that attempts to use dubious, temporary or impromptu private membership as a front for gaming risked breaching the law.

Certainly there are risks to licensees that allow private gaming in their pubs. It was designed to allow you or I to play games of chance at home or privately. It was not designed for customers to play poker in pubs.
So what is private gaming? The rules of private gaming are simple. Firstly, there can be no charge for participation (whatsoever) and secondly, the gaming must not occur in a place where the public have access.

If players have to buy a beer or a burger to play, they are being charged for participation. Similarly, a rake or a levy, where money is taken from the pot of stakes into the pocket of the organiser, is a charge and not permitted.

To prevent public access, some games have been organised where players must pre-register, online or with the pub. This is not sufficient to actually stop the public gaining access and is the type of arrangement the Commission calls “dubious, temporary or impromptu private membership as a front for gaming”.

However, all this does not prevent the licensee inviting his friends for a game of poker, as long as they are genuinely friends and there is no charge (again whatsoever) to play.

Legally, low stake and prize gaming is permitted in pubs. Premises that benefit from an on-licence, which contains a bar, where alcohol can be served without food, can play poker at any time when alcohol is supplied.

You may remember that the maximum stake per person is £5, the maximum aggregate total stakes per premises per day is £100 and there is also a maximum prize of £100.

The licensee can’t make any money from the gaming by way of a rake or levy or participation fee, there must be no link to other premises and you must exclude under-18s from participation. If you stick to these strict limits, poker is permitted within your pub.

Higher stake and prize games can be appealing. They will attract more customers or players on quiet week nights. As we previously warned, you should be wary if you are approached by an operator seeking to provide poker in your pub above the limits described earlier.

A number of licensees that did allow poker in their pubs under the guise of private gaming had their alcohol licences threatened. If you were to permit poker in your pub, which exceeded limits or there was a charge for participation, you risk review of your premises licence under the crime and disorder objective.

The risk of review is much greater than a prosecution, although you should be warned that a number of publicans have been prosecuted and fined for allowing unlimited poker in pubs.

Poker is increasingly popular and a good way to attract custom on quieter nights in the week. However, you should make sure that gaming is within the legal limits.