Poker organisers ordered to pay £32,000 after council prosecution
Two organisers of illegal commercial poker tournaments have been ordered to pay £32,000 in fines and costs following a prosecution brought by the Royal Borough of Kingston upon Thames.
The tournaments were organised by Nicholas Clark and Luke Flack and held at The Pool Bar Private Members Club in Kingston.
On 29 April 2016, Her Honour Judge Judith Coello at Kingston Crown Court sentenced Clark and Flack to fines and costs totalling £32,000 for an offence of running an unauthorised casino, contrary to section 37 of the Gambling Act 2005.
The defendants had entered guilty pleas at an earlier hearing. In addition, two duty-managers, David Thompson and Jamie Kirkpatrick, accepted formal cautions for the same offence.
According to Francis Taylor Building barrister Gary Grant, the proceedings are believed to be only the second criminal prosecution for this type of offending, with Kingston Council have securing the first convictions for the summary-only offence under the Gambling Act 2005.
In the earlier case prosecuted by the London Borough of Enfield, Ahmet Melin, was jailed for 15 months at Wood Green Crown Court in April 2014 for more serious money-laundering offences relating to his dealings with the proceeds of illegal poker tournaments held at the Big Bluff Private Members Club.
The Pool Bar Private Members Club at 198 Cambridge Road in Kingston had been operating as an unregulated casino, with poker prizes of £50,000 on offer up to five times a week. The venue operated under the cloak of a Club Premises Certificate and Club Gaming Permit.
The defendants initially claimed the premises was a legitimate private members’ club run by members and for the benefit of members. However, the Court accepted the prosecution’s case that this was a pretence from the outset and the portrayal of the venue as a bona fide members’ club was “a sham”.
Instead, the venue was established and operated on a commercial basis with poker being the main, rather than ancillary, activity.
The court heard that proceeds from the poker tournaments were not ploughed back into the club but personally enriched individuals including Clark and Flack who each received over £60,000 from the poker tournaments. The participation fees charged by the club exceeded the permissible limit of £3 per person per day and the club unlawfully made deductions from the stakes and winnings at the poker tables.
Following two joint inspection visits in November 2013 and December 2014 involving council officers, the Gambling Commission and the Metropolitan Police, the Pool Bar surrendered its licences just before criminal proceedings were commenced. It now no longer trades.
HHJ Coello observed that this was a “serious offence”. The avoidance of strict regulations applying to legitimate casinos meant that vulnerable gamblers were not sufficiently protected in establishments such as The Pool Bar, she said. Moreover, these unlawful “poker dens” threatened to unfairly take trade away from legitimate casinos who operated responsibly in accordance with the law.
A Kingston Council spokesperson said: “Kingston Council does not tolerate any form of illegal trading. Poker clubs like The Pool Bar Private Members Club on Cambridge Road will be found, closed down and their operators prosecuted. We will always take a hard line on any illegal trading and will push for strong penalties, the revoking of licenses and closing down of premises. I hope this prosecution sends a clear message to those in our community who chose to carry out illegal gambling, or any illegal trading, within Kingston.”
Gary Grant of Francis Taylor Building acted for the Royal Borough of Kingston upon Thames instructed by Guy Bishop (South London Legal Partnership) and David Kingstone (Licensing and Environmental Compliance Team Leader).
