Territorial Extent Schedule 11: Exempt lotteries Part 12: Clubs, Pubs, Fairs, &C. Sections 269 & 270: Exempt gaming
679.This section permits members’ clubs, commercial clubs and miners’ welfare institutes to provide certain facilities for gaming without the need for any express authorisation. In order to qualify for this exemption the gaming must meet a number of conditions:
	It must be equal chance gaming, as defined in Part 1 of the Act;
	Stakes and prizes must be in accordance with any rules or limits prescribed in regulations;
	The club must not deduct any amounts from sums staked or won in the gaming;
	Any charge for participation (which is broadly defined) must not exceed amounts prescribed in regulations (and see section 344);
	The games played may only take place on one set of premises meaning there may not be any linking of games between premises; and
	People may only participate in the gaming if they have been a member of the club (or applied or were nominated for membership) at least 48 hours before playing, or are the genuine guests of such a person (but this does not apply to commercial clubs).
680.These conditions are similar to those set out in section 40 of the 1968 Act, which the Act repeals, with the exception of the restriction on linking games and the addition of a power to prescribe maximum stakes and prizes, which are new. The gaming allowances under section 269 may be used by any members’ or commercial club that is permanent and has at least 25 members, even if it is established for gaming. There is no requirement for the gaming to be of a prescribed kind (see section 269(1)(c) and (d)).
681.Under section 270, subsections (2) and (4), different requirements about the limits on stakes, prizes, and participation fees may be set for different types of club or institute, for different types of game, and for different types of fee.