Unlawful Gaming Machines - Successful Prosecution

The Gambling Commission have issued a number of press releases surrounding action on use of illegal gaming machines.

In one instance this has led to the successful prosecution relating to a pub in Ashford by Spelthorne Borough Council. The facts of the case were that a machine was in place which allowed a game where the maximum stake was £50 and the maximum prize was £140.  Generally (with the correct permit) a pub machine can have a maximum stake of £1 and prize of up to £70.  The machine also failed to display certain required information concerning under 18 use etc.

 We understand that the sole director of the company that operated the pub pleaded guilty to the charge of 'making the machine available' (an offence under The Gambling act 2005) and was given a fine of £400 and ordered to pay £500 towards legal costs of the prosecuting council.  We further understand that the Designated Premises Supervisor in that instance was also found guilty of making the machine available by virtue of emptying the machine each evening.

This is a timely and salutary reminder of the responsibility of the operator of premises to ensure that only the correct machines are made available and the correct permits are in place - but also that the DPS can also carry some culpability.