Genting Casinos has exclusive London casinos and over 30 provincial casinos across the United Kingdom. It is owned by Genting UK plc, a subsidiary of Genting Malaysia Berhad.

1. Genting Casinos UK is one of the country’s largest casino operators, with 33 venues throughout England and Scotland. They have five venues in London, including the flagship club, Crockfords, which is one of the oldest private gaming clubs in the world. Genting Casino also operate Resorts World Birmingham, which is one of several ‘Resorts World’ venues owned and operated.
2. For GENTING CASINOS UK LIMITED (01519689) Registered office address. Genting Club Star City, Watson Road, Birmingham, B7 5SA. Private limited Company. Incorporated on.

Update: The UK government announced new restrictions for North East England, including a 10pm to 5am curfew for leisure and entertainment facilities such as casinos. The measures come into force on September 18.

The Betting and Gaming Council deemed the decision an “illogical” and “catastrophic” one that is likely to bring about the loss of thousands of jobs.It maintained that casinos are “among the most Covid-secure in the country”, with patrons often visiting alone or as a couple and therefore easily able to adhere to social distancing guidelines.

The BGC warned that the gambling industry will be “disproportionately harmed” by the “retrograde move” and urged the government to revise it.

A letter of warning

Betting and Gaming Council (BGC) CEO Michael Dugher and Genting UK CEO Paul Wilcock have both warned the UK government that an enforced 10pm curfew would “devastate” the casino industry.

considering a 10pm public curfew to limit the virus’s spread

Casinos were permitted to reopen in England, Wales, and Scotland last month after over four months of COVID-19 enforced closures. COVID cases are once again on the rise in the UK, however, and government and local authorities are currently considering a 10pm public curfew to limit the virus’s spread.

In a letter to culture secretary Oliver Dowden, Dugher and Wilcock explained how the “drastic” curfew would be severely detrimental to an industry which conducts 50% to 70% of its trade after 10pm. The letter also argued that casino visitors are typically older than the younger demographic being targeted by the curfew.

On Twitter, the BGC made clear its belief that, if implemented, the curfew would put “thousands of jobs” at risk:

The struggling UK casino industry

The UK casino industry has already been severely impacted by the effects of the COVID-19 pandemic, which saw all properties shut their doors to customers in mid-March. This was only worsened by a number of delays to initial July reopening plans.

unprecedented challenges and heavy losses”

Genting UK confirmed there had been “unprecedented challenges and heavy losses” as a result of the COVID-19 pandemic. The operator announced 1,642 of its UK staff could lose their jobs and Genting casinos in Torquay, Bristol and Margate could still potentially close their doors for good. In a public statement, Wilcock announced he had been “forced to contemplate some very difficult options to ensure survival.”

Simon Thomas, CEO of the Hippodrome casino in London, has also been vocal about the impact of continued closures on the casino industry. In a podcast with former cabinet minister Esther McVey in July, Thomas described the government’s decision to delay casino reopenings as “completely illogical.” More recently, Thomas warned that a 10pm curfew would be “economically disastrous for casinos.”

Other BGC campaigns

As a voice for the UK industry, representing close to 100 companies, the BGC has led several campaigns amid the pandemic in an effort to protect the interests of its many members, including Flutter Entertainment, Paddy Power, and GVC.

forces high-roller players to use cheques to play in casinos

Late last month, the BGC urged UK Chancellor Rishi Sunak to protect the future of the region’s high-end casinos. In a letter to Sunak, BGC boss Dugher urged the Chancellor to modernize a law which forces high-roller players to use checks to play in casinos. Dugher argued this would have a “massive impact” on the ability of the casinos to reopen and recover from the pandemic.

Most recently, BCG chairwoman Brigid Simmonds asked the UK government to provide greater support for high-street gambling companies. Despite being open again, BGC data suggests retail betting shops and casinos are still seeing only a quarter of pre-pandemic visitor levels. As a result, Simmonds urged the Communities and Local Government Select Committee, currently conducting an inquiry into UK high streets post-COVID-19, to be “hard hitting and courageous” in its government recommendations.

28.07.18

Last year's Supreme Court judgment in Ivey v Genting Casinos [2017] UKSC 67, a civil claim, shocked many criminal law practitioners as it formulated a new test for determining the element of ‘dishonesty’ for use in both civil and criminal Proceedings.

Prior to Ivey the case of R v Ghosh [1982] EWCA Crim 2 had been widely recognised by judges when directing juries on determining whether ‘dishonesty’ was established (in cases where it is a requisite element such as theft and fraud). The 'Ghosh Test' laid down a two-part test which required juries to consider:-

1. Whether the conduct complained of was dishonest by the lay objective standards of ordinary reasonable and honest people; (the 'objective test') and, if yes,
2. Whether the defendant must have realised that ordinary honest people would so regard his behaviour ('the subjective test').

In order to find a defendant guilty, a jury would have to be sure beyond reasonable doubt that the answer to both questions was yes.

In Ivey the Supreme Court Justices held that the second question in the Ghosh Test (i.e. the subjective test) did ‘not correctly represent the law and that directions based upon it ought no longer to be given by judges to juries’.

Ivey concerned a claim brought by Phil Ivey, a professional poker player, against Genting Casinos. The casino had refused to pay him his winnings of £7.7million because they said he had cheated. Mr Ivey used a technique called ‘edge-sorting’ where he would observe the unintentional differences on the backs of some types of card and then manipulate the placement of high value cards in the 'shoe'. He did this by asking the croupier to place certain cards in a different direction, ostensibly on the grounds of superstition. The croupier humoured him, acceding to his request because he was a known and valued high-stakes player.

The parties agreed that a contract for betting included an implied term that neither party would cheat. Mr Ivey argued that ‘cheating’ required an element of dishonesty, which he said the casino had not established. We reported on the 2014 High Court first instance decision here. Mr Justice Mitting concluded that Mr Ivey was cheating and found against him. The Court of Appeal agreed. Mr Ivey appealed to the Supreme Court

In determining whether Mr Ivey was cheating the Supreme Court stepped back and considered the wider definition of dishonesty. The new test removes the requirement that ‘the defendant must appreciate that what he has done is, by those standards, dishonest’.

The Court held that they:-

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• ‘must first ascertain (subjectively) the actual state of the individual's knowledge or belief as to the facts. The reasonableness or otherwise of his belief may evidence whether he held the belief, but it is not an additional requirement that his belief must be reasonable; the question is whether it is genuinely held.’

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Once that had been established they:-

• must determine ‘whether his conduct was dishonest by applying the objective standards of ordinary decent people. It is not necessary for the individual to appreciate that what he has done is, by those standards, dishonest.’

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The Court summarised its concerns with the Ghosh Test in its press summary, '...the second leg of the rule adopted in Ghosh has serious problems. The principal objection is that the less a defendant’s standards conform to society’s expectations, the less likely they are to be held criminally responsible for their behaviour. The law should not excuse those who make a mistake about contemporary standards of honesty, a purpose of the criminal law is to set acceptable standards of behaviour.'

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Applying its interpretation to Mr Ivey's case, the Supreme Court held that if cheating at gambling required an additional legal element of dishonesty, that it had been satisfied in his case. Accordingly, the appeal was dismissed.

A full copy of the judgment can be found here and a video of the judgment summary can be found below:-

[embed]https://www.youtube.com/watch?v=fixGhSsfl-Y[/embed]

The effect of the decision in Ivy is profound, particularly in criminal law where defendants may now struggle to avoid criminal liability based on their own personal perception of dishonesty. Whilst this decision is significant in this regard, it brings dishonesty offences more in line with the mens rea requirements of many other criminal offences.

Visit our website to see how Brett Wilson solicitors can assist you with civil fraud claims or defending criminal investigations/prosecutions.

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Articles are intended as an introduction to the topic and do not constitute legal advice.