(This note is not part of the Regulations)
These Regulations make provision with respect to the definition of “gaming table” for the purposes of section 172(3) to (5) of the Gambling Act 2005 (c. 19) (“the Act”), and define the circumstances in which a gaming table is to be treated as being used in a casino for the purposes of those subsections.
Subsections (3) to (5) of section 172 determine the numbers and categories of gaming machines that are authorised to be made available by the holders of different types of casino premises licences. As well as a fixed maximum number of gaming machines for each category of casino premises licence, each subsection prescribes a maximum number of machines expressed in terms of a multiple of the number of gaming tables used in the casino. The maximum number of machines actually allowed in any case is the lesser of the two prescribed maxima. These Regulations set out the definitions needed to enable that limit to be determined in individual cases.
Regulation 2 provides that a wholly automated gaming table is not a “gaming table” for the purposes of section 172(3) to (5) of the Act. A wholly automated gaming table is defined in regulation 1(2) to mean an apparatus that is designed or adapted to enable individuals to play a “real” (that is, non-virtual) game of chance, where the design or adaptation is such that the apparatus can function automatically (in other words, it can function without needing to be controlled or operated by an individual employed or concerned in arranging for others to play the game); and where the apparatus is not designed or adapted for use in connection with a game the arrangements for which are controlled or operated by an individual.
Regulation 3 provides that for the purposes of section 172(3) to (5) of the Act, a gaming table is used in a casino at a particular time only if it is being used to play a casino game (as defined in section 7(2) of the Act) at that time, or if it is available at that time to be used to play such a game.
