Posted by Robert Atkinson 2 on 13/01/2023 18:50:42:
Hi Maurice,
Can you reference a UK goverment document or website that states this please? The Gambling Commision website clearly states
"
You may be able to apply for a single machine permit instead of a gaming machine technical operating licence if you:
- collect gaming machines, such as fruit or slot machines as a private individual
- want to sell, repair or maintain a single machine or part of a gaming machine.
"
This is an alternative to a full gambling licence, not an option you don't need.
Some have argued that if ONLY you (and not even other members of yor household) use the machine you don't need a licence or permit. This is because you have not made the machine "available". However it is clear that you need a licence or single machine permit to install, repair or maintain (among other things) a gaming machine or part of one. This means for all practical purposes you need a permit because you can't even clean it (maintenence) without one. It is also difficult to show that nobody else uses it.
Like many laws enforcement may be low, but like speeding not getting caught does not make it legal.
Robert G8RPI.
I don't know if there are any actual qualified lawyers on this site who could give an informed opinion.
One problem which sometimes occurs is when people purely rely upon explanatory web pages, even when put out by official government departments; DVLA springs to mind for one, and that page from the gambling commission might be another. Lots of popular tabloid stories seem to rely on this for their scare stories to use as click bait.
To work out what's really applicable one needs to visit the actual legislation, and be sufficiently trained and experienced to be able to apply the correct interpretation, as well as being able to access any relevant case law, and none of that applies to me.
In this case it looks like it might be The Gambling Act 2005
https://www.legislation.gov.uk/ukpga/2005/19/contents/enacted
In the section regarding Offences, it gives a list, and also the exceptions of when an offence hasn't been committed.
https://www.legislation.gov.uk/ukpga/2005/19/part/10/crossheading/offences
In sections 242 & 243, "Making Available For Use", or "Maintaining etc". there are exceptions listed for section 248 (amongst others)
248 relates to No Prize
https://www.legislation.gov.uk/ukpga/2005/19/section/248#text%3Dsingle%20machine%20permit
248 No prize
(1)A person does not commit an offence under section 37 or 242 if—
(a)he makes a gaming machine available for use by an individual, and
(b)the individual does not, by using the machine, acquire an opportunity to win a prize.
(2)The Secretary of State may make regulations creating exceptions from the offence under section 243 in connection with machines which, by virtue of their nature or any other specified matter, are not designed or expected to be used to provide an opportunity to win a prize.
So provided no-one is able to win a prize, then having and repairing a machine, at home where no-one can win a prize would seem OK for the purposes of this act.
There may of course be case law which says otherwise, or I may be far wide of the mark in my interpretation of the act.
Bill