Gambling Act 2005

271 Club gaming permit

(1) Sections 33, 37 and 242 shall not apply to the provision of facilities for gaming in accordance with a club gaming permit.

(2) A club gaming permit is a permit issued by a licensing authority authorising the provision of facilities for gaming—

(a) on premises on which a members' club or a miners' welfare institute operates, and

(b) in the course of the activities of the club or institute.

(3) A club gaming permit shall, by virtue of this section, authorise—

(a) making up to three gaming machines available for use, each of which must be of Category B, C or D,

(b) the provision of facilities for gaming which satisfies the conditions in section 269 except for the first condition, and

(c) the provision of facilities for games of chance, of such class or description as may be prescribed, in accordance with the conditions specified in subsection (4).

(4) Those conditions are—

(a) that no participation fee is charged otherwise than in accordance with regulations (which may make provision about the circumstances in which a fee may be charged and about the amount of a fee),

(b) that no amount is deducted or levied from sums staked or won otherwise than in accordance with regulations (which may make provision about the circumstances in which an amount may be deducted or levied, about the amount of the deduction or levy and about the method by which the amount is determined),

(c) that the public is excluded from any area of the club’s or institute’s premises where gaming is taking place, and

(d) that children and young persons are excluded from any area of the club’s or institute’s premises where gaming is taking place.

(5) Regulations under subsection (4)(a) or (b) may—

(a) make different provision for different classes of club or institute;

(b) make different provision for different classes or descriptions of game;

(c) make different provision for different classes or descriptions of fee, deduction or levy.

(6) A club gaming permit shall, by virtue of this subsection, be subject to the condition that each person who participates in gaming in reliance on the permit—

(a) is a member of the club or institute who applied for membership, was nominated for membership or became a member, at least 48 hours before he participates, or

(b) is a guest of a member of the club or institute who would be entitled to participate by virtue of paragraph (a).

(7) A club gaming permit shall, by virtue of this subsection, be subject to the conditions—

(a) that no child or young person use a Category B or C gaming machine on the club’s or institute’s premises, and

(b) that the holder comply with any relevant provision of a code of practice under section 24 about the location and operation of a gaming machine.