June 18, 2009

Category:

MFG rides to the rescue of charity events

Charities and event organisers who failed to get the go-ahead from their local licensing authority to stage big screen racing events with live betting on location may find the going now gets easier.

A well known Midland law firm has persuaded a licensing authority to change its mind and allow a big screen event featuring Royal Ascot – after getting guidance on the interpretation of the law from the Gambling Commission.

MFG Solicitors can take the credit nationally for obtaining clarification on behalf of licensing authorities on whether betting at charity events in unlicensed premises can be permitted.

Guests of the charities Wooden Spoon, St Richard’s Hospice, and Worcestershire Ambassadors will wear (wore) top hat and tails - and glamorous attire for the ladies – at Worcester Rugby Club as they watch(ed) the fourth day at Ascot on June 19.

Alexander Hall, a solicitor in MFG’s corporate division said: “There is confusion on the interpretation of certain provisions of the Gambling Act 2005 throughout the country. Many events for charity have been called off or are under threat.

“So we made an urgent request for guidance on the interpretation of the Act to the Gambling Commission.

“This interpretation was passed on to Wychavon District Council, the local licensing authority. The Council is now happy for the event to go ahead after ruling originally that serving an Occasional Use Notice on the local authority would be invalid.

“Charities benefit from these occasions because the paying guests gather at football or rugby stadiums - or a marquee on a cricket ground - to watch the event on a big screen. They bet with a third-party licensed bookmaker who is on the location.

“Events like this have been held at unlicensed stadiums in the past through serving an Occasional Use Notice which exempts them from the need for obtaining a full premises gambling licence.

“However, the serving of an OUN recently became the subject of debate and some local licensing authorities took the view that it was not valid at remote locations unlicensed for gambling.

“They restricted the use of OUNs to horse and dog-racing tracks, taking the view that the sporting event on which the guests were betting had to be held at the premises in question - rather than at a remote location.

“These views went beyond the wording of the Act itself, although this is a grey area and it is the view of many legal experts that certain provisions in the Act are poorly drafted.

“The Gambling Commission has now ruled that serving an OUN can be appropriate in these circumstances.

“However, the guidance has not yet been widely disseminated to authorities and not all event organisers have taken legal advice or challenged authorities who are refusing to accept that the use of an OUN would be valid.”

Mr Hall said the organisers of threatened events should consider obtaining professional help with a view to challenging such refusals before it was too late. Licensed bookmakers due to assist at such events should also check to ensure they will be acting within the conditions of their licence.

Louise Hewett, chairman of Worcestershire Ambassadors, said: “We were all horrified when we heard initially that the Ascot event would have to be cancelled.

“MFG Solicitors has done a fantastic job in getting the licensing authority to change its mind.”

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