Operating A Gambling Establishment
This commission would grant licences for operating gambling establishments; offer recommendations about regulating the gambling industry; collect fees and levies from licence holders; and “ensure that licensed activities are conducted in a fair and honest manner,” among other responsibilities. In 2015, Austin-born Texas hold’em poker player Sam von Kennel noticed a legal technicality that would allow him to open a gambling establishment. According to state law, gambling houses can operate as long as they don’t take a percentage of the pot. Von Kennel had an idea. Every gambling device found in a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment operating gambling games in violation of this Act shall be subject to seizure, confiscation, and destruction as provided in Section 28‑5 of the Criminal Code of 1961.
The Gambling Act 2005 promotes safer practice at premises where gambling activities take place.
Under this legislation, licensees and their operators have a legal responsibility to ‘protect children and other vulnerable persons from being harmed or exploited by gambling’.
The regulations offer a range of opportunities to operators and communities, to develop and expand their leisure and entertainment facilities for gambling.
The Gambling Commission and licensing authorities work in partnership through shared regulation of gambling premises and are using the findings and evidence generated through a developing public health model to build on existing tool-kits for gambling, using an evidence-based approach. Considerable progress has already been made in developing this work and details can be found in the toolkit on the Gambling Commission website at www.gamblingcommission.gov.uk/Licensing-authority-toolkit/Reducing-Gambling-Harms-resources
Also see our resource Gambling – advice for young people.
More information about the signs of problem gambling can be found on the Gambleaware and Gamcare websites. They also provide general information about gambling, including how to gamble safely and where to get help if someone has problems with their gambling.
Anyone can call the national gambling helpline free of charge on 0808 8020 133 (open 8am – midnight, 7 days a week).
Safeguarding vulnerable adults
The Gambling Commission puts a high priority on the social responsibilities operators have to protect vulnerable adults from the harm associated with gambling; and policies must be in place to support the protection of vulnerable adults.Who is a vulnerable adult?
Adults may be vulnerable if, for example, they are taking certain types of prescribed medication which may impair their judgement or prevent them making informed, balanced decisions about gambling; or if they are intoxicated from misusing drugs or alcohol.
If an adult has mental health issues, a mental impairment or problems with addiction, they may also be vulnerable as they may have difficulty controlling their activities or behaviour, or understanding the players’ guides to games.
What are the risks to vulnerable adults?
If vulnerable adults are not supported within the gambling environment they may be at risk of:
- gambling beyond their financial means
- problems with addiction
- financial exploitation
- causing, or being a victim of dangerous, abusive or threatening behaviour
- physical, emotional or accidental harm.
These difficulties may have a serious impact upon the person’s relationships, home life or employment.
Managing the risks and being socially responsible
Premises should:
- Designate a member of staff to lead on problem gambling issues.
- Train staff on how to recognise and respond to indicators of concern.
- Train staff to know how to protect their own safety if customers behave aggressively.
- Make information and advice about gambling responsibly generally and discretely available, and provide contact details about where to get help.
- Offer a self-exclusion, or self limit scheme, enabling individuals to restrict the amount of time or money they spend.
- Operate a membership scheme so that they have contact details for a person in case of emergency.
- Allow a cooling-off period for customers signing up to credit arrangements.
Safeguarding children
What are the risks to children?The risks will vary, depending on the type of gambling activities taking place at the premises. For example, at adult gaming centres or casinos, safeguarding systems should be in place to prevent young people gaining access to the premises.
If children are permitted access to adult gambling activities, they may be at risk of being:
- exposed to information or advertisements encouraging them to gamble
- allowed, or invited to, gamble or bet in a commercial setting
- allowed to purchase and consume alcohol
- financially exploited.
They may also witness, or be involved in, substance misuse, other criminal activity, or dangerous or threatening behaviour.
Managing the risks
To prevent children and young people accessing adult gambling activities, stringent safeguarding measures should be in place, such as:
- the Challenge 25 scheme operated by all door and bar staff and only recognised proof of age accepted (for example photo driving licence or passport; PASS cards)
- all points of entry monitored by security staff/CCTV
- signage prominently displayed at all points of entry regarding the prohibition of under 18’s
- signage displayed on machines highlighting age restrictions
- signage prominently displayed in bar areas regarding the law and the sale of alcohol
- operating a membership scheme
- all staff being trained to be vigilant and respond if a child gains illegal access to premises.
If a premises offers a range of gambling activities (for example a regional casino, a licensed family entertainment centre, bingo premises, or gaming machines in category C or above) premises must operate systems to ensure that under 18’s are prevented from accessing areas where adult activities (such as betting or high stakes gambling) take place; or where adult gaming machines are located.
The measures set out above should be used to help the public clearly identify from which areas children are prohibited.
If a premises offers a variety of activities, it may be necessary to operate the following systems:
- designated family-friendly areas using physical barriers/cordons to segregate these from restricted areas
- points of access/egress located for easy supervision by staff and regularly monitored
- signage displayed to indicate access rules
- signage to remind parents/adults of their responsibilities
- use of bandit screens
- use of the Challenge 25 scheme
- assigning at least one member of staff as a ‘children’s safeguarding lead’.
Premises should ensure that the environment to which they allow children access is safe and suitable.
Action should be taken if adults demonstrate irresponsible behaviour, such as showing signs of intoxication, using strong or offensive language, threatening behaviour, or violence towards others or towards machinery.
Adults accompanying children should be encouraged to supervise them, to minimise the risk of children being exposed to inappropriate or dangerous behaviour or gaining access to prohibited areas of the premises.
The employment of children and young people
The Gambling Act 2005 does not prohibit the employment of children and young people at some premises.
However, it does restrict the type of tasks and areas to which children and young people may have access and it is important that premises comply with these restrictions, as failure to do so may result in committing an offence; for example, it is an offence to employ children and young people to provide facilities for gambling, or to perform a function in relation to a gaming machine, at any time.
Children should not be exposed to gambling as they carry out their employment functions.
Useful contacts & websites – help with gambling in Manchester
Manchester City Council – information regarding licensing can be found on their website at www.manchester.gov.ukThe Beacon Counselling Trust, in partnership with Gamcare, deliver a free gambling support service for individuals and families affected by problem gambling in the Greater Manchester area – find out more on their website at beaconcounsellingtrust.co.uk
This service includes a national telephone helpline and other support services including live chat rooms and forums and following assessment; face to face engagement i.e. one to one counselling; couple counselling; and group counselling; along with a number of advice and guidance platforms including debt management and social support.
GamCare is a national charity that provides information, advice, support and free counselling for the prevention and treatment of problem gambling -contact them on tele: 0808 8020 133 or on their website at www.gamcare.org.uk
BeGambleAware – ring the National Gambling Helpline Freephone on 0808 8020 133 (8am-midnight 7 days a week) or contact via their website at www.begambleaware.org
The Gambling Commission – telephone the Commission on 0121 230 6666 or visit their website at www.gamblingcommission.gov.uk
Landis business owner charged with operating illegal gambling establishment
Published 11:10 am Tuesday, May 12, 2020
Charged
LANDIS — A Landis business owner was charged Tuesday with offenses related to operating a gambling establishment after a monthlong investigation by the Rowan County Sheriff’s Office.
Jack Lewis Faggart Jr., 59, of China Grove, was charged with two counts of operating/possessing a slot machine, permitting the use of a slot machine at a location under his management or control, possessing gaming machines that allowed the machines to exceed the limits of eight accumulated credits or replays and operating more than five video gaming machines.
Faggart, the owner of Snack Shack, was operating under the guise of being a convenience store/landscaping supply business in Landis, the sheriff’s office said.
The sheriff’s office served a search warrant April 16 at the business, located at 3125 North Cannon Blvd.
The search warrant was based on an undercover operation and citizen complaints that the business was a gambling establishment and also violating the governor’s stay-at-home order, according to the sheriff’s office.
The investigation showed that the Snack Shack had 19 gambling machines, all slot machines, a news release said. These gaming machines operated with several types of software. Officials said 13 machines had money receivers and some still had currency in them. The machines allowed patrons to bet more than eight credits, which violates state law. The business allegedly was paying cash for winnings, another violation of state law.
During the search of the business, detectives seized six central processing units connected to gaming terminals, three motherboards, one server, documents and $11,343 in cash. Records showed that the gaming machines were taking in more than $10,000 per week and profiting multiple thousands of dollars per week, a news release said.
On Tuesday, April 28, additional search warrants were executed by the Rowan County Sheriff’s Office at the Snack Shack and a second location. Investigators seized documents and an additional $13,920 in cash.
At the time of the execution of the search warrants on April 28, Faggart was also cited for violating the governor’s executive order.
Faggart was released on a written promise.
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