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View Full Version : Other What is considered, legally, gambling in pubs in Tenerife?



gsc
13-07-2013, 13:35
At what point would it not be considered gambling?

A cash prize offered without buying in?

For example, anyone buying a shot between 8 and 10pm goes into a free drawer for x euros?

LUCKY
14-07-2013, 01:21
At what point would it not be considered gambling?

A cash prize offered without buying in?

For example, anyone buying a shot between 8 and 10pm goes into a free drawer for x euros?
:flatcap: CHEERS hic:drunk:

Harmonicaman
14-07-2013, 18:10
I think the Canarian take on gambling is defined as "A Game of Chance", where no skill is involved (much like buying a shot and going into a free draw). That would be considered as gambling I think.

honda
14-07-2013, 19:23
How is it gambling if you have not put up a stake. If free entry, it's not gambling, to gamble on something you have to have something to gamble.

Harmonicaman
14-07-2013, 20:02
How is it gambling if you have not put up a stake. If free entry, it's not gambling, to gamble on something you have to have something to gamble.
You did put up a stake...you bought a shot for entry into a draw.:confused:

Edit: Apparently there are 3 elements which have to be present to be considered "Gambling/Gaming": These are
1. Consideration (Usually interpreted as some sort of payment to enter)
2. Element of chance or skill
3. Prize

if one of these elements is missing, then it should not be considered gambling. (Take this advice at your own risk! I am not a lawyer! ).

gsc
14-07-2013, 21:07
You did put up a stake...you bought a shot for entry into a draw.:confused:

But you were buying the shot anyway - not to enter the drawer.

Harmonicaman
14-07-2013, 21:13
Not necessarily...I might be just about to walk out the door and the barman says "buy a shot and you'll get entered in a free draw". That to me, is "Consideration". (First element in definition of gambling). This is only my opinion and means zilch, forum member Golden Maniac could probably give you accurate advice. :goodluck: Bon chance and Bueno suerte!

Goldenmaniac
15-07-2013, 08:46
Thanks for the thought #Harmonicaman but it's a bit above my paygrade :) The legislation is here (in Spanish) http://noticias.juridicas.com/base_datos/Anterior/r3-l13-2011.html The relevant bit is here http://noticias.juridicas.com/base_datos/Anterior/r3-l13-2011.t1.html#a3
d) Rifas. Se entiende por rifa aquella modalidad de juego consistente en la adjudicación de uno o varios premios mediante la celebración de un sorteo o selección por azar, entre los adquirientes de billetes, papeletas u otros documentos o soportes de participación, diferenciados entre si, ya sean de carácter material, informático, telemático o interactivo, en una fecha previamente determinada, y siempre que para participar sea preciso realizar una aportación económica. El objeto de la rifa puede ser un bien mueble, inmueble, semoviente o derechos ligados a los mismos, siempre que no sean premios dinerarios. A Raffle/Draw is not gambling BUT I read that as specifically EXCLUDING Cash Prizes. If the OP is going to undertake this in their bar I would STRONGLY suggest they consult an Abogado to make sure.