Valid from 01/09/2007
Section 295
1E+W+SGaming 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—E+W+S
(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.
3(1)It is a condition of private gaming that no charge is made for participation.E+W+S
(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.
4(1)It is a condition of private gaming that it is equal chance gaming.E+W+S
(2)But this condition does not apply in relation to domestic or residential gaming.
5E+W+SIt 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).
6E+W+SBetting is private betting if it is—
(a)domestic betting, or
(b)workers' betting.
7(1)A betting transaction is domestic betting if made on premises in which each party to the transaction lives.E+W+S
(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).
8E+W+SA betting transaction is workers' betting if made between persons each of whom is employed under a contract of employment with the same employer.