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Author Topic: Legally Speaking  (Read 5249 times)
The Dundonian
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« on: September 03, 2005, 12:38:44 PM »

Can anyone enlighten me on the legal ramifications of holding an open poker competition outside of the casinos?  I believe the recently started Irish Poker Tour is held in hotels. How would this stand up in the UK ?
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tikay
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« Reply #1 on: September 03, 2005, 12:42:39 PM »

I believe the ROI is outside the jurustiction of the gaming Ciommission.

But P4C held a comp in Newcastle a few weeks back, in a Civiv Hall, so maybe it can be done in the UK. And of course we have Gutshot, & a whole collection of Gutshiot type places.
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The Dundonian
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« Reply #2 on: September 03, 2005, 12:47:41 PM »

Thanks Tikay, we a couple of venues, but would lioke to keep everything legal. I believe there are restrictions on advertising also. Presumably the best starting point would be the Gaming Commission itself then ?
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tikay
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« Reply #3 on: September 03, 2005, 12:52:02 PM »

The Gaming Commisssion? No, I would not advise. They arre fence-sitters. "Easier & less hassle to just say we would not advise", that sort of approach.

Wait till Yogi comes on, he seems to know the drill pretty well, and a few others too. Be patient, you will get a decent range of responses.
« Last Edit: September 03, 2005, 12:57:53 PM by tikay » Logged

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The Dundonian
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« Reply #4 on: September 03, 2005, 12:55:46 PM »

Thanks again.
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The Truth
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« Reply #5 on: September 03, 2005, 01:13:01 PM »

Very tricky to advise anyone on this. First advise get a good a solicitor and study the latest Gaming Act for hours on end.

If a 'rake' is charged the event is illegal. If the promotors profit the event is illegal. If the event is 'open' the event is illegal.

The Gaming boards official advice is that all poker tournaments outside of a casino will almost certainly be illegal.

SEEK POFESSIONAL LEGAL ADVICE BEFORE ORGANISING ANY EVENT AND DON'T LISTEN TO 'CARDROOM LAWYERS'.
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AdamM
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« Reply #6 on: September 03, 2005, 01:21:43 PM »

Can anyone enlighten me on the legal ramifications of holding an open poker competition outside of the casinos?  I believe the recently started Irish Poker Tour is held in hotels. How would this stand up in the UK ?

I looked into this in some depth.

Basically it's illegal, but mostly down to one passage in the gaming act. I can't find the passage in the act looking now but it basically says that setting up a poker tournament outside of a casino or public dwelling is highly likely to breach one or more of the clauses of the gaming act and so, as such will be considered illegal. I spoke to police, magistrates, lawyers, the gaming board and even the dept of sport and culture of the Govt and the answer was basically, no not at this time. the rules concerned are mostly about rake, profit and advertising. I would suggest if there's no juice, you do it behind closed doors and don't advertise it to the public you'd be ok, though still breaking the law.
« Last Edit: September 03, 2005, 01:23:19 PM by AdamM » Logged
The Truth
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« Reply #7 on: September 03, 2005, 01:26:06 PM »

Can anyone enlighten me on the legal ramifications of holding an open poker competition outside of the casinos?  I believe the recently started Irish Poker Tour is held in hotels. How would this stand up in the UK ?

I looked into this in some depth.

Basically it's illegal, but mostly down to one passage in the gaming act. I can't find the passage in the act looking now but it basically says that setting up a poker tournament outside of a casino or public dwelling is highly likely to breach one or more of the clauses of the gaming act and so, as such will be considered illegal. I spoke to police, magistrates, lawyers, the gaming board and even the dept of sport and culture of the Govt and the answer was basically, no not at this time. the rules concerned are mostly about rake, profit and advertising. I would suggest if there's no juice, you do it behind closed doors and don't advertise it to the public you'd be ok, though still breaking the law.

The last line is not strictly correct - it is possible to stage a legal event. BUT I will stress again seek professional advice.
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Maroon
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« Reply #8 on: September 03, 2005, 01:29:58 PM »

How do the TV companies get round this?  They profit from it and they advertise.
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AdamM
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« Reply #9 on: September 03, 2005, 01:33:16 PM »

i wondered about that
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The Truth
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« Reply #10 on: September 03, 2005, 01:34:58 PM »

Private game. No juice. The players are playing for a prizepool of which the TV companies are looking after as agents. Control over who enters the premises etc.
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The Dundonian
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« Reply #11 on: September 03, 2005, 01:36:36 PM »

thanks guys, if I take it any further I will seek legal advice. I've often wondered how the Univeristies managed to get around the problem. They all have thriving poker clubs and games!
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« Reply #12 on: September 03, 2005, 03:20:40 PM »

ROI is outside the durastriction of the wonderful GB however i'm sure they will have their own rules.

As stated before as long as no rake is taken and its classed as a private game (invite only really) with no advertising to public (keep it strictly on forum hehehe) then whilst not legal you could possibily pull it off. Theres a lot of private games poppin up here and there and the first series of LNP wasnt legal at all they just made it very hard for the GB to get them lol. The Gaming act (section 3 relates to Cardroom) is so out dated and due to be ammended soon but yeah its best to get legal council first off tho
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« Reply #13 on: September 03, 2005, 03:30:37 PM »

I second everything that has been said. An unusual place to try, but probably more informed than most private games are University Poker Societies. They have to comply with GB and have been told the ways to do it.
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« Reply #14 on: September 03, 2005, 10:37:50 PM »

If the promotors profit the event is illegal. If the event is 'open' the event is illegal.

What about this bit regarding TV companies?  They may not charge juice but they certainly are profiting.
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