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The Gambling Act 2005 (Exempt Gaming in Clubs) Regulations 2007

The Gambling Act 2005 (Exempt Gaming in Clubs) Regulations 2007 (Memo)

EXPLANATORY MEMORANDUM TO THE GAMBLING ACT 2005 (EXEMPT GAMING IN CLUBS) REGULATIONS 2007 No. 1944

EXPLANATORY MEMORANDUM TO

THE GAMBLING ACT 2005 (GAMING IN CLUBS) REGULATIONS 2007

2007 No. 1942

THE GAMBLING ACT 2005 (EXEMPT GAMING IN CLUBS) REGULATIONS 2007

2007 No. 1944

THE GAMBLING ACT 2005 (CLUB GAMING PERMITS)(AUTHORISED GAMING) REGULATIONS 2007

2007 No. 1945

1. This explanatory memorandum has been prepared by the Department for Culture, Media and Sport (DCMS) and is laid before Parliament by Command of Her Majesty. It covers three sets of Regulations, under Part 12 of the Gambling Act 2005, which deal with gaming in clubs and miners' welfare institutes.

This memorandum contains information for the Joint Committee on Statutory Instruments and for the House of Lords Merits Committee.

2. Description

These three sets of Regulations specify, respectively:

(1) the particular kinds of gaming which will allow clubs established for the purposes of providing such gaming to apply for a club gaming or club machine permit, notwithstanding the general rule that clubs established wholly or mainly for the provision of facilities for gaming may not qualify as a members' or commercial club;

(2) certain limits on stakes and prizes, and a maximum participation fee, for exempt gaming conducted in clubs and miners' welfare institutes; and limits on the maximum participation fee for gaming played under the authority of a club gaming permit;

(3) the unequal chance or "banker's" games that may be played under the authority of a club gaming permit, and the maximum participation fee for such gaming.

3. Matters of special interest to the Joint Committee on Statutory Instruments and the Merits Committee.

Timing

Regulation (1) will come into force on 1 August 2007. Regulations (2) and (3) will come into force on 1 September 2007.

4. Legislative Background

4.1 The Gambling Act 2005, once it is fully implemented, will replace all of the existing statutes governing gambling in Great Britain. The Act's provisions are underpinned by the three licensing objectives:

* preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime;

* ensuring that gambling is conducted in a fair and open way; and

* protecting children and other vulnerable persons from being harmed or exploited by gambling.

4.2 Part 12 of the Act contains a variety of provisions in respect of gaming in clubs and miners' welfare institutes (as well as separate provisions for other premises, like pubs, that are licensed for the sale of alcohol). Gaming, of one kind or another, has been a long-standing and popular activity in many clubs, and the provisions in Part 12 have, for the most part, been designed to maintain the current position under the Gaming Act 1968. These Regulations prescribe the detailed arrangements for the conduct of club gaming; other relevant conditions are contained in the primary legislation.

5. Territorial Extent and Application

These instruments apply to Great Britain.

6. European Convention on Human Rights

As the instruments are subject to negative resolution procedure and do not amend primary legislation, no statement i...

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