Illegal gambling in Basel's backrooms
Every year, millions of francs are turned over in Switzerland through illegal gambling and the number of prosecutions is rising. However, although Basel has been named as the «crime capital» of the country, in terms of illegal gambling the city is pretty tame. Smoke, sweat, poker faces, and a pot filled with banknotes in the middle of the table. Backroom gambling has been popular for several years. Gamblers who are caught by the police gambling for money do not have to pay a penalty, although they lose their stakes. While the federal parliament in Bern works on loosening the gambling laws, making it easier to organise «private» poker tournaments, illegal gambling is booming.
The Swiss Casino Association estimates that the turnover in illegal gambling, taking place mostly in bars and restaurants, is as much as 250 million francs every year. In comparison: The 21 licensed casinos in Switzerland had a turnover of 689 million francs in 2016. But the problem of illegal gambling has increased in recent years, according to the Federal Commission for Casinos (ESBK). In 2010, 61 prosecutions were conducted due to illegal gambling. This figure rose to 162 in 2016.
Baslers are not fond of illegal gambling
Although across Switzerland the pattern may show a rise in illegal gambling, the situation in Basel has not worsened, according to observations of the cantonal police. «The number of breaches of the law is constant», Toprak Yerguz, from the Justice and Security Department, said. The cantonal police have a specialised investigation unit for illegal gambling and betting, with officers carrying out regular and targeted checks.
In 2016, the ESBK organised a raid at a Basel poker club because of suspected illegal poker tournaments. A computer, gambling tables and cash were confiscated. The turnover of 3.7 million francs shows that a lot of money can be made through a club. The raid was carried out by 40 members of ESBK working in conjunction with the Basel-Stadt cantonal police. Nobody was arrested.
Participation alone is not a crime
According to the ESBK website, participating in illegal gambling alone is not a crime. «Gambling for money underlies strict legal rules. Only the officially licensed casinos are allowed to organise and operate gambling. Merely participating in an illegally organised gamble is not punishable. The gambler risks losing their stake, winnings, and gambling equipment. This is also valid for Internet gambling», the website states.
What is punishable, however, is marketing «online-gambling» and anyone who offers direct access to online-gambling, provides a gambling machine, rooms, equipment or takes over the role of a banker in the illegal gamble could face prosecution. Therefore, gambling dens in which illegal gambling takes place are hardly recognisable from the outside. They can mostly be found in public restaurants, Internet cafés and clubs, specifically in their backroom which cannot be recognised as anything suspicious. Players always risk a penalty for gambling. It depends mostly on whether the game is about luck or skill. But in which incidents is playing for money allowed? And when is it forbidden to organise such gambling and tournaments?
Skills instead of luck
Summer is nigh, and the football world championship will take place in Russia soon. Over this period, betting will be everywhere – at the office or among friends. This can be done without a bad conscience as long as the organiser pays his expenses with the income and the rest of the jackpot gets distributed among the participants.
Playing for money in skill games is also possible. Other than gambling, skill games are allowed outside the casinos. The difference is that in skill games, the player has an influence on the outcome of the game. Gambling, however, depends on coincidence. Other than the Federal Administrative Court, the Federal Court judged in 2010 that the poker game «Texas Hold'em» is a gamble. According to the court decision, it cannot be proved that elements of skills prevail over accidental elements of the poker game.
By the way: A Jass-card-game in the pub or at home is allowed even when playing for money. The course of play depends mostly of the skill and concentration of the player.
Infrastructure at its limits in the region of Basel
The traffic infrastructure in Basel-Stadt is reaching its capacity, and in parts of Basel other infrastructure also is not at its best condition. The Waldenburg valley is a good example. Residents and small businesses there have suffered for years because of the poor quality of the drinking water. The extent of the problem was brought to light for the first time three years ago.
«Auxiliary pipe secures drinking water», «Worst-case-scenario» or «Water supply going critical in more communities» were the headlines when the drinking water quality was so bad that some fountains had to be taken off the supply network. For the economy, such conditions are precarious – just like traffic infrastructure, all other infrastructure belongs to the locational factors of an economic region. The reason for the pollution in the drinking water was found to be insufficiently purified sewage. After an information event concerning the regional water supply, planning in the Waldenburg valley in September 2017 brought very sobering survey results. This prompted Hansruedi Wirz, member of the Baselland parliament, to raise a political motion.
Endangered supply safety
Many things have gone wrong over the last years, Mr Wirz told an interview with the magazine «Standpunkt»: «As soon as there are long drought periods or if the wells fail, the safety of the water supply will be in danger. In addition, quality standards cannot be fulfilled everywhere and the pipe-system is crumbling.»
No alternatives for emergency situations
It is clear that old infrastructure must be partially renewed, especially if alternative sources are not available in emergency situations. But that's not enough. Sometimes, communities with problematic water supply complain about the lack of solidarity by other communities. Therefore the canton has to intervene, according to Mr Wirz. The parliament is of the same opinion, and tacitly passed Mr Wirz' motion on 22nd March. The first step to improve the water infrastructure for residents and for the economy has been made.