Playing poker in a private room for money when charged for the room

Question:

Is it legal to play poker, for money in a private members club, such as a rugby club, if you are charged for the room?

Answer:

1. In general, no charge (including an admission charge unless it can be proved that this is not a charge for taking part in the game) in money or money's worth, may be made for any gaming - even in private clubs.

2. However, an annual club subscription, whether payable half yearly or quarterly or an entrance subscription for membership of a club will not generally be considered to be a charge. But any entrance subscription must not be in respect of temporary membership of the club.

3. It is also permissible for a nominal charge to be levied on any person wising to take part in gaming at a bona fide members' club or a proprietary club.

4. Currently, this charge may not exceed 60 pence for any one person on any one day.

5. Clubs may also raise money for their own purposes by promoting equal chance gaming such as poker and other entertainment to which the public are admitted provided that all the proceeds are, after deducting reasonable expenses, applied for purposes other than private gain. The expression ‘private gain' means something which enables clubs to make profits for the general purpose of the club even though this may also benefit the individual members.

Note:

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