The Gambling Commission has issued advice on the use of computers offering access to gaming sites in gambling premises.

The Gambling Act 2005 states that if you are providing facilities for gambling you will require an Operating Licence from the Gambling Commission, unless an exemption applies. A gaming machine is defined by the Act as a machine that is designed or adapted for individuals to gamble, whether or not it can be used for other purposes.

The Act does then list a number of computers, devices and machines which are not necessarily gaming machines even though they can be used to participate in gambling. The Gambling Commission’s rule-of-thumb appears to be that a computer is not a facility for gaming merely because there is a possibility of accessing a gambling website via the internet. However, if the computer is knowingly adapted or presented to facilitate or draw attention to the possibility of it being used for gambling it could be viewed as such.

The Gambling Commission goes on to state that each case will be taken on its merits, but provides this advice: -

The precise circumstances in which the facilities are offered – including the environment in which they are offered and the relationship with other gambling facilities provided – will need to be taken into account when assessing the status of those facilities.

It then lists a number of factors which might indicate a computer or other device is a gaming machine as defined by the Act: -

• Icons for gambling websites displayed on the desktop screen.
• Links to gambling websites available via the start menu.
• Screensavers, desktop wallpapers referring to gambling websites.
• Internet browsing history or favourites menu containing gambling websites.
• Promotional material (ie posters/flyers) indicating the use of computers for gambling.
• Gambling software downloaded onto a computer.
• Staff informing customers of the existence of the computer for access to gambling websites.
• Emails or other promotional material sent to customers/individuals referring to the availability of computers on premises for gambling purposes.

This advice is as important to unlicensed premises as it is to gambling premises. Anyone providing access to computers that are designed or adapted for individuals to gamble, will commit offences under the Gambling Act 2005.

If you have any queries relating to this article, please contact either Lisa Croft, Michael Parrott or Rob Westwood-Payne on 01242 285855 or email us.

As this information has been prepared by Maitland Walker LLP as a general guide, we recommend you seek specific professional advice before acting on any information contained within it. No liability can be accepted by Maitland Walker LLP for any action taken or not taken as a result of this information.

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