Playing poker in a private room for money when not 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 not charged for the room?

Answer:

1. Poker can be played in a private members club. But the club must have a membership of not less than twenty-five and the club's membership and its rules of constitution must not be of a temporary nature. Gaming must also not be the principal purpose for which the club is established or conducted.

2. Again, there can be no levy on the stakes or the winnings of players and no member of the public must be allowed access to the club.

3. In practice, it is virtually impossible to organise a poker competition legally other than in a licensed casino as breaches frequently occur in relation to:

3.1 location; or
3.2 access by members of the public; or
3.3 advertising; or
3.4 charging an entrance fee; or
3.5 making a levy on stakes or winnings.

4. In 2002, Poker Million Ltd decided to postpone their tournament due to legal uncertainty surrounding the event. Despite the Gaming Board being satisfied that Poker Million was a 'private game' which fell within the Act, and despite receiving independent legal advice that the tournament would operate within the law, the game was postponed because of concerns the local police would break up the game up for breaching the Act.

Note:

If you are going to play poker online, please click on one of the links on the right or in our poker directory.

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