What makes an activity a sport?

A question that the High Court has been pondering over recently is whether the bridge card game can be considered a 'sport'. It is a trick-taking game using a standard 52-card deck, and is played by four players in two competing partnerships. Bridge is very popular not only in the UK, but also worldwide.

The question of whether a card game can be considered a sport may seem to be a rather trivial discussion point, however there is a lot is at stake; so much so that the English Bridge Union (EBU) has sought judicial review of a decision by Sport England.

Sport England, which provides lottery funding to sports organisations, has refused to recognise bridge as a sport, thus denying bridge clubs and societies access to Sport England funding. The High Court has recently granted permission for a judicial review of this decision to proceed.

Contradictions between public bodies

Put simply, Sport England does not see bridge as a sport since it lacks physical activity. Sport England argue that its criteria for determining what is or is not a sporting activity is based upon the 1993 European Sports Charter, in particular Article 2(1)(a) which defines sport as the following:

'all forms of physical activity which, through casual or organised participation, aim at expressing or improving physical fitness and mental well-being, forming social relationships or obtaining results in competition at all levels.'

With this in mind, Sport England is of the opinion that physicality in sport is imperative, and that a mere exercising of the mind does not constitute a sport. It argues that bridge does not satisfy this requirement, and is hence not a sport.

The EBU on the other hand argue that bridge is a 'mind sport', and supports its argument with the International Olympic Committee's acknowledgment in 1999, that chess and bridge could be considered sports. The Charity Commission also regards bridge as a sport.

The wording in the Charities Act 2011, which the Charity Commission follows in determining whether an organisation is charitable, imposes less of a focus on physical activity, and defines sport as: 'Sports or games which promote health by involving physical or mental skill or exertion'.

Famously, the Charity Commission has previously accepted the registration of Hitchin Bridge Club as a charity as it was persuaded by a body of evidence that bridge did involve mental skill, and could be proved to promote health.

Interestingly while the Charity Commission accepts bridge as a sport for charity law purposes, it does not recognise sports such as snooker, billiards, gliding, motor racing and shooting. This is on the basis that these have not been shown to 'promote health' although they are, to varying degrees, a form of physical activity and recognised as sports by Sport England. Cambridgeshire Target Shooting Association is currently challenging the Charity Commission's decision not to register it as a charity, even though it is recognised by Sport England as a sport.

There is therefore a markedly different approach being applied by the Charity Commission and by Sport England in determining what constitutes a sport.

What next?

Now the High Court has recognised that the EBU have an arguable case and there is at least a debate to be had in the form of a judicial review, the courts face the difficult task of considering whether Sport England's decision to not regard bridge as a sport was correct.

This case highlights the somewhat peculiar position that sporting organisations can find themselves in. They can be regarded as a sport by the Charity Commission and therefore eligible to be registered as a charity, yet not regarded as a sport in the eyes of Sport England and unable to apply for its funding. Conversely, a sports club may be recognised by Sport England but not be eligible to register with the Charity Commission as a charity.

This inconsistency of approach is not helpful, but is unfortunately something which sporting organisations should be aware of. Clubs cannot assume that they can enjoy the perks and benefits available from both Sport England funding and registered charity status.

Darren Hooker (pictured) is a solicitor at Stone King and Richard Jones is a trainee at the firm