Legal Q&A: on-site betting and gambling machines

Q.​  We are screening matches in our pub and some customers have asked if they can be placing bets while they are in our premises. I don’t know the answer to this, can you please shed any light?

A.​ Commercial betting is not allowed on licensed premises, so bookies sitting in pubs taking bets is strictly prohibited.

The Gambling Commission and local authorities take a tough stance on illegal betting in pubs. The local authority can review your premises licence as this would be relevant to the crime and disorder objective under the Licensing Act 2003 and the Gambling Commission can also take action. If you are convicted of facilitating illegal betting you could face up to 51 weeks imprisonment (6 months in Scotland) and/or a fine. 

That being said, there is nothing to stop your customers from placing bets whilst they are in your pub on their smart phones or other electronic devices using their own betting accounts , they can access your public WIFI to do this provided that the WIFI is not specifically advertised for that purpose. 

You must ensure that you do not allow customers to use your betting accounts to place their bets and you cannot have someone going from your premises to the betting shop, to place the bets on behalf of customers.

If you wanted customers to have access to betting slips to place bets, then you are able to allow these to be placed in your pub and allow your customers to fill them in on the premises. However, you must ensure that the customers take any slips to the betting shop to place their bet themselves.

Q​. I have a Licensed Premises Gaming Machine Permit, and I received a letter from my Licensing Officer saying that I need to move one of my machines so that it is located away from the cash machine on site. Is this right and do I have to move my machine?

A​. There is a Code of Practice for gaming machines in alcohol licensed premises which can be found on the Gambling Commission website here​.

There is a specific code provision which requires gaming machines to be located in a position that requires someone who wishes to take cash from an ATM to cease gambling in order to do so.

There is not a specific rule regarding the distance that must be between the ATM and the gaming machine but the further apart you can position them, the better. You will also need to be aware that it is a requirement for gaming machines to be located in a place within the premises so that their use can be supervised, either by staff whose duties include such supervision (including bar or floor staff) or by other means, such as CCTV.

• Imogen Moss ​is an associate solicitor at Poppleston Allen​​