Gambling Act 2005

Section 295

SCHEDULE 15 Private Gaming and Betting

Part 1 Gaming

Introduction

1 Gaming is private if it satisfies the conditions specified in this Part of this Schedule.

2 (1) For the purposes of this Part of this Schedule gaming is domestic if it takes place—

(a) in a private dwelling, and

(b) on a domestic occasion.

(2) For the purposes of this Part of this Schedule gaming is residential if—

(a) it takes place in a hostel, hall of residence or similar establishment which is not administered in the course of a trade or business, and

(b) more than half of the participants are residents of the hostel, hall or establishment.

No charge for participation

3 (1) It is a condition of private gaming that no charge is made for participation.

(2) For the purposes of this paragraph—

(a) it is immaterial how a charge is described,

(b) it is immaterial whether a charge is in money or money’s worth,

(c) an amount deducted or levied, by a person providing facilities for gaming, from sums staked or won in the course of gaming is a charge for participation in the gaming,

(d) a charge for admission to premises where gaming takes place shall be treated as a charge for participation in the gaming, and

(e) a stake is not a charge for participation.

Equal chance gaming

4 (1) It is a condition of private gaming that it is equal chance gaming.

(2) But this condition does not apply in relation to domestic or residential gaming.

Privacy

5 It is a condition of private gaming that it does not occur in a place to which the public have access (whether or not on payment).

Part 2 Betting

Introduction

6 Betting is private betting if it is—

(a) domestic betting, or

(b) workers' betting.

Domestic betting

7 (1) A betting transaction is domestic betting if made on premises in which each party to the transaction lives.

(2) For the purposes of this paragraph a person lives in premises if he habitually resides in any part of the premises (whether or not there are other premises in which he also habitually resides).

Workers' betting

8 A betting transaction is workers' betting if made between persons each of whom is employed under a contract of employment with the same employer.