News: Gaming Machines Test Purchasing
- Date: 11/01/2011
- Author/Solicitor: Nick Arron
You may have seen reports recently regarding Police in Southampton sending under 18s into pubs to attempt to play on the Category C gaming machines. This type of compliance and enforcement operation, where the authorities target gaming machines for test purchasing operations, appear to be increasing in regularity.
The Police, Gambling Commission Enforcement Officers and Local Authority Licensing Officers, have power in The Gambling Act 2005 to use under 18s in test purchasing operations in relation to gaming machines.
Children are allowed to play on category D gaming machines (cranes, pushers and low payout fruit machines) but not on category C gaming machines - these are the £70 prize machines predominantly found in pubs.
It is an offence if a person invites, causes or permits, an under 18 to play on a category C gaming machine. The maximum penalty is a £5,000 fine and/ or 51 weeks imprisonment. Consideration also needs to be given to the impact on the crime and disorder objective of the Licensing Act 2003 and the potential effect on your premises licence if you permit under 18s to gamble on machines.
There is a defence if a person charged with inviting, causing or permitting an under 18 to gamble has taken all reasonable steps to determine the individual's age and that he reasonably believed that the individual was not under 18. So, you should ensure that your age identification procedures are strictly observed in relation to gaming machines, as they are in relation to the sale of alcohol.
Good due diligence includes positioning the gaming machines so they can be supervised at all times and monitored by CCTV. It is common practice to position the gaming machines in and around the bar. Ensure you train all staff to ask the age of individuals playing on gaming machines and position clear signs near gaming machines that under 18s are not permitted to play. Ensure you keep records of all staff training and you could enter incidents where you ask for individuals' ages and the results in a log.
Have you thought about training for your staff? The Award in Working within Gambling Legislation is a new BIIAB training qualification aimed at making staff aware of their responsibiliities around gambling legislation. We are currently running dates in London, Manchester, Bristol. For further details go to
http://www.popalltraining.co.uk/training/biiabworkingwithingamblinglegislation.asp
