Gambling; Great Britain -- Social life and customs
_(f) Gambling Clubs._—Habitual gambling in the social clubs of wealthy
Englishmen has led to a very anomalous state of the law and of its
application. It is not worth while to go further back than the case
of _Downes_ v. _Johnson_ (Albert Club) to illustrate this. There was
no serious dispute as to this not being a betting club, or that the
purpose of its existence was not betting. No reasonable person could for
a moment doubt that if betting were stopped the club would collapse,
and the police authorities in 1895 made an attempt to bring about this
result. They had good reason for knowing the evil arising from it.
That provisions could be obtained, and were consumed in considerable
quantities, was shown; but any serious contention that such a club was a
social club would be dispelled by a visit to the premises, in an obscure
court turning out of Fleet Street. The judges, however, appeared to be
hampered by a desire to shield private betting, and the judgment remains
the charter for organised house betting under the protection of the
name of club. There are several other such large institutions in London
and elsewhere (besides innumerable smaller ones), the chief of those in
the metropolis being notorious gambling centres, where settling day is
carried on in the same business-like way as on the Stock Exchange. They
all owe their continued existence to the reluctance of the Courts and
Parliament to deal with the card and Turf gambling which goes on at the
well-to-do clubs, and thousands of gambling centres all over the country
are shielded by this unhappy partiality.
The above decision may be said to have broken up any efficiency of
existing legislation, and so pernicious has its effect been that a very
modest attempt to reduce the number of the poorer class institutions
was at last introduced as a makeshift in the Licensing Act for the
registration of clubs, which came into force on January 1, 1903. It is
true that it only applies to clubs selling liquor, but as betting men
are almost invariably drinkers it is probably comprehensive in this
sense. Its inefficiency was illustrated last May by a decision of Mr.
Justice Bucknill, by no means a lover of betting men, who presumably
considers himself bound by former decisions. The judge must have known
the extreme difficulty of the police getting evidence at all, and that it
probably could not be got except by the raid, which he approved, and that
a second raid after such a warning would almost inevitably be abortive.
Yet, although systematic betting was proved, he ruled that it was not
illegal, although it might have been so if it had been shown to go on day
after day. The false protection extended to the race-course rings by the
Powell-Kempton Park case would be incomplete if it were not to cover the
betting clubs, and no branch of the gaming laws is more defective than
with regard to these latter.
Public-domain text, read in full here on John Shaqi.
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