If you have a casino you feel should be in the Casino Business FAQs section, e-mail: casino@parkroyalmedia.com with your question.

Some of the following answers are supplied by: Gaming Board of Great Britain.

To what extent are British casinos allowed to advertise?

a) General advertising

There are legal restrictions on advertisements relating to commercial gaming, although classified advertisements may be published containing limited factual information about casino premises on which gaming takes place or is to take place. Casino operators are advised to follow the Guidelines agreed with the industry and set out on this web-site under GUIDELINE 6.

b) On the grant of a new licence

Under Section 42(3)(c) of the Gaming Act 1968 casinos can, with the approval of the licensing authority, publish in any newspaper a notice stating that a licence under the Act has been granted.  This can be done no later than 14 days from the date on which the licence was granted or such later date as may be appointed by the licensing authority.  The Board is often asked for advice on the form such notices should take and, whilst it is hard to give definitive guidance, there are certain criteria it adopts in assessing whether it believes proposed notices fall within the scope of the Act.  Such notices should contain factual information (e.g. details of the licence holder, the club name, address and telephone number, the date of opening and hours of gaming, the games to be played, that membership is required and an invitation to seek information about membership but not to include an application for membership form).  Language that relies on opinion or is intended to promote the facilities offered is not considered to be within what was intended by the Act.  The Board has no objections to limited graphics being used (e.g. as part of the club logo or as an unobtrusive background to the text).  As for the size of the notice, no indication is given in the Act as to what might be acceptable but the Board has always suggested that they should be no more than half page size. The final decision, of course, is one for the licensing authority.

c) Advertising for Staff

Advertisements to recruit casino staff must not seek to promote gaming.

How do I open a dedicated card club?

The Gaming Board of Great Britain is often asked about the procedure for obtaining a licence to operate a card club. Existing legislation does not allow for the setting of a dedicated card club unless it is constituted within a permitted casino gaming area and the prospective proprietor undergoes the Board’s ‘fit and proper’ test, obtains a certificate of consent from the Board, and a licence from the local authority. This procedure is explained in detail under ‘SETTING UP A CASINO’.

Card room gaming not conducted on premises described above falls outside the Gaming Board’s remit. The law generally discourages of card room games on any other type of licensed premises. The Gaming Act 1968 does not allow any levy to be made on stakes or winnings. Those members playing cards may not be charged participation fees in excess of 50 pence a day, if registered under Part 1V of the Act, or £2.00 per person per day, if registered under Part II of the Act. However, it is permissible to charge patrons an annual or bi-annual membership fee. Such cannot be run for commercial profit

Can I run card room games in a private members club?

A private members club with a membership of not less than twenty-five can be established and registered with your local licensing authority. A private members club must be formed for the general benefit of its members and not for commercial gain for the proprietor or any such persons. The licensing justices have the discretion to allow card room games of equal chance to be played on the premises provided that the playing of those games is secondary to the other recreational pursuits available to the patrons (e.g.: socialising, darts, snooker dominoes etc, etc). Enquiries regarding the setting up of such as club should be directed to your local authority.

How can I operate a Whist or Bridge club?

Any card room games played for cash winnings or its equivalent is defined as gaming under Section 52 (1) of the Gaming Act 1968. This includes bridge and whist. However, a bridge club established as a genuine members club may charge those participating up to a maximum of £15.00 per person per day (Gaming (small charges) Order 1995 [SI No.1669 of 1995]). Enquiries regarding the setting up of such a club should be directed to your local authority.

Can I establish a casino gaming internet site in Great Britain?

No. Internet casinos are currently illegal in Great Britain. The law requires casinos to be premises-based, and those who wish to gamble must attend the premises, which in turn must have a licence to game. However, the Gambling Review Body has recommended in its recently published report that on-line gaming in Great Britain should be licensed.

Can I establish a casino gaming internet site based outside Great Britain?

British law would not apply to an internet casino based in another jurisdiction. However you would need to comply with the legislative requirements of that jurisdiction.

Am I breaking UK law if I gamble on the Internet?

There is nothing in current legislation which makes it illegal, or seeks to prevent, British residents gambling on the Internet in their own homes.

Is it against the law to advertise, within the UK, a casino gaming internet site based outside Great Britain?

Section 42 (1) (c) of the Gaming Act 1968 states that a casino located outside of Britain cannot invite the public to ‘subscribe money’ or to apply for ‘information about facilities for subscribing any money’. The Board's view is that you would be able to do little more than publish the name of the site and limited other without getting into potential legal difficulties.

I've lost a substantial sum of money gambling with an Internet casino. I now feel that my bank allowed me too much credit, and the Internet casino allowed me to bet an excessive amount of money. Can the Gaming Board for Great Britain intervene to help me?

No. Internet casinos are all currently based off-shore and are therefore outside the jurisdiction of the Gaming Board for Great Britain.

A casino has withdrawn my membership. I wish to complain to the Gaming Board?

The Gaming Board of Great Britain does not normally become involved in membership disputes. For example, if a casino for commercial or other legimate reason took a decision to exclude a member, this would be not be a matter for the Board.

Where are casinos permitted to operate?

Casinos in Great Britain may only operate in one of the 53 permitted areas defined by the Gaming Clubs (Permitted Arears) Regulations 1971 and the Gaming Clubs (Permitted Areas) (Scotland Regulations 1971

Why were permitted areas introduced?

The system of permitted areas was introduced as a necessary measure to reduce the number of casinos to a manageable amount. There are 53 areas laid down in the Gaming Clubs (permitted areas) Regulations 1971.

How were the permitted areas worked out?

The Gaming Clubs (permitted areas) Regulations 1971 included a formula under which any county borough outside Greater London with a population of 125,000 became a permitted area. When county borough were abolished in 1974, the formula was altered so as to bring in those former county boroughs which had a population of 125,000 or more at any time between 01 December 1970 and 01 October 1973. The list has remained frozen ever since. There is no match between the current local government areas and casino permitted areas.

How can I establish whether a proposed casino is within a permitted area?

It is up to the applicant to demonstrate his. Assistance may be available from the Clerk at the Licensing Authority to that permitted area or the local autnority.

What are the existing permitted areas?

London – that area which is within the area specified in the licensing (Metropolitan Special Hours Area) Order 1961 – plus the City of Westminster and the Royal Borough of Kensington and Chelsea. A copy of that order can be obtained from casino section on 020 7306 6248

Provinces: Birkenhead, Birmingham, Blackpool, Bolton, Bournemouth, Bradford, Brighton, Bristol, Coventry, Derby, Dudley, Great Yarmouth, Hove, Huddersfield, Kingston upon Hull, Leeds, Leicester, Liverpool, Luton, Lytham St Annes, Manchester, Margate, Newcastle Upon Tyne, Northampton, Nottingham, Plymouth, Porstmouth, Ramsgate, Reading, Ryde, Salford, Sandown/Shanklin, Scarborough, Sheffield, Southampton, Southend-on-Sea, Southport, Stockport, Stoke-on-Trent, Sunderland, Teeside/ Middlesborough, Torbay, Walsall, Warley, West Bromwich, Wolverhampton
 
Wales: Cardiff, Swansea  

Scotland: Aberdeen, Dundee, Edinburgh, Glasgow

I want to open a casino in the UK. How do I go about it?

A prospective casino operator would first need to establish if the location of the casino is within a permitted area. Should the location be within the required permitted area the applicant should apply to the Board for a certificate of consent showing that he is a fit and proper person to run a casino. The Board must consider the capability, diligence, reputation, financial standing and any other relevant circumstances of those persons involved with an application.  The test of fitness is set out in paragraphs 4(5) and 4(6) of Schedule 2 to the Gaming Act 1968.

Any applicant company must be incorporated in Great Britain or for non-corporate applications the individuals must be over 21 years old and have been resident in Great Britain for the 6 months prior to the application: paragraph 4(c) of Schedule 2 to the Gaming Act 1968 refers.

If you wish to make an application for a certificate of consent for a gaming licence to operate a casino in any permitted area the Boards form GB1 will need to be completed, giving special consideration to the accompanying notes for guidance, particularly the Board's requirements in respect of the submission of supporting documentation.  In addition, personal declaration forms GB2 will need to be completed by any individual and/or directors involved with the application (eg: the directors and secretary of the applicant company) and by all those shareholders with a financial interest of 3% or more in the applicant company (and the parent or ultimate holding companies if applicable). The Board normally takes at least four months to consider and determine an application for a certificate of consent and all new applicants are invited for interview by the Board before a decision to grant or refuse a certificate is made.  The fee for making a certificate of consent application is at the time of writing £6,810 and is not refundable in the event that the application is unsuccessful.

Progress to the licensing stage can only be made following the grant of a certificate of consent by the Gaming Board.  An application to the local Gaming Licensing Committee for a licence to conduct gaming on the relevant premises may then be made.

Apart from considering local issues such as suitability of the proposed premises, the licensing committees, under current legislation, also need to consider the issue of "demand", which is dealt with in paragraphs 18 and 19 of Schedule 2 to the Gaming Act 1968.

If the Board were to issue a certificate of consent, an application for the actual gaming licence could then be made to the appropriate licensing authority.

Gaming Licensing Committees generally hold gaming licensing sessions in January, April, May, July and October in England and Wales.  They may also hold additional meetings at other times.

A holder of a certificate of consent will need to apply for a licence at least four weeks before the licensing session because of the provisions of paragraph 6 and 7 of Schedule 2 to the Gaming Act 1968 as amended. The fee for a new gaming licence (if granted) is at present £26,349. Forms GB1 and GB2 necessary for making an application for a certificate of consent can be obtained by calling the Casino Section at the Gaming Board on 020 7306 6248.

How long does the whole process take, from applying for the certificate of consent, to obtaining the gaming licence?

The Board normally takes at least four months to consider and determine an application for a certificate of consent. However, applications from those not previously known to the Board can take longer. Gaming Licensing Committees generally hold gaming licensing sessions in January, April, May, July and October in England and Wales. They may hold additional meetings at other times. A holder of a certificate of consent must apply for a gaming licence at least four weeks before the licensing session.

What fees are payable?

The fee for making a certificate of consent application is at present £6,810. This is not refundable in the event of the application being unsuccessful. The fee for a new gaming licence (if granted) is £26,349. The fee for annual renewal of a gaming (casino) licence is £7,325.

What certificates are required by casino staff?

One of the main objectives of the Gaming Board continues to be the prevention of criminals and undesirable persons from becoming involved in gaming. An important part of this process is the section 19 certificate of approval procedure, which is designed to ensure that those who work on the gaming floor/and or who manage such employees are fit and proper to act in that capacity. The Gaming Act 1968 directly requires those who perform certain functions to hold a certificate of approval issued by the Board, and gives the Board power to require certain others performing managerial, organisational or supervisory duties to be certificated. A licence holder who employs staff in contravention of these procedures commits an offence under section 23(1) of the Gaming Act 1968.

The Board currently issue certificates of approval for casino staff as follows:

Red -  for all casino gaming staff below manager level

Grey – for casino managers

White – for casino executives

Certificates may be revoked for improper behaviour.

What trade associations exist for the casino industry?

There are two trade associations:

The British Casino Association, 38 Grosvenor Gardens, London SW1W 0EB (020 7730 1055), www.britishcasinoassociation.org.uk

The Casino Operators' Association of the UK, PO Box 55, Thorncombe, Chard, Somerset TA20 4YT (01297 678312)