BERMUDA now has its first casino - if you believe the wording of a tourist pamphlet now being distributed to hotels and tourist facilities across the island.

Owned by entrepreneur Neil Inchcup, the Seamont Exclusive Casino is described in Bermuda Escapes as a place for "entertainment games for adults in an elegant, private setting".

Simon Watkinson, president of Axiom Services, the company that produces the brochure, said he had been contacted by some hotels about the wording of the advertisement.

"I had a couple of hotels calling to make sure it was kosher and . . . I deferred those queries to the vendor. The commentary in Bermuda Escapes is provided by the vendors themselves.

"Maybe he's sticking his head out of the ground but I'm pretty sure that (legally) he can call it what he wants as long as it's not operating (outside of the law). It's a very grey area that has not yet been clearly defined."

At present, there is legislation in place governing the use of gaming machines in Bermuda's bars and restaurants while questions have been raised in the past, over the legalities of operating a gambling operation in a private home such as Mr. Inchcup's Collector's Hill, Smith's Parish residence.

According to current legislation, no new gaming machines or their spare parts are allowed to be imported into the island. Equipped with gaming machines, poker tables and one-armed bandits, the club used to be billed as a "private membership club". At issue is the use of the word "casino".

When the club's existence was first brought to public notice two years ago, Premier Jennifer Smith addressed the issue in the House of Assembly saying: "Any person who keeps a common gaming house is guilty of a misdemeanour and is liable to 12 months' imprisonment and on conviction on indictment, to imprisonment for two years."

Planning Director Rudolph Hollis yesterday said his department had not received any submissions to establish a casino on the island. But he added that unless there was a change in the use of the property, there was no reason for any such request to cross his desk.

"I don't know of any recent submissions to the Planning Department with a request for a casino," he said, "and as far as any recent pamphlets that have been distributed, I will have to get our enforcement officers to investigate to see if any changes have taken place at Seamont.

"There has obviously been a considerable amount of debate on that issue but we would primarily deal with it if it involved a change in the use of property. A casino would be a commercial use of property, which would fall into a different use than (what is there now), and that's how we would approach it."

Long-time casino advocates W.A. (Toppy) Cowen and chairman of Bermuda Island Cruises Donald Morris, however, welcomed the apparent relaxation of Bermuda's rules.

"It's not the '50s any more," said Mr. Morris. "It's almost 2003 now. We can't operate tourism like we did in the 1950s. We're not doing anything different than anybody else. It's exactly what you see if you go to The Porch or The Beach on Front Street.

"At Spanish Point Boat Club they have a machine and at Queen's Club they have five or six machines. I don't know how many tourists go there, but let's be honest, we've had gambling for years - football pools, horses, basketball. They should just make it legal. Government can make some money off it and bring our taxes down."

Mr. Cowen agreed with Mr. Morris' sentiment.

"I think a casino is a wonderful idea in Bermuda. Not so much for locals, but I think it could be something for our visitors to do. I do not think it will attract additional visitors, but at the moment, you can gamble wherever you want except Bermuda.

"I have never been to (Seamont) and how they're getting around the law I don't know. But many clubs are doing it. I don't think Bermuda is as restrictive as it used to be. With regard to casinos, it's like being on a ship. They're there if you want them and if you don't, you don't have to go to them but it's available.

"It's similar to those other things that one might be enticed to do like bars and nightclubs. It just so happens that this is a casino. So I endorse casinos. I don't know whether Mr. Inchcup is doing the right thing down there but that's a matter for the authorities."

Calls to Cabinet Secretary John Drinkwater and Mr. Inchcup were not returned by press-time last night.