Publicans are being caught in the crossfire between the Gambling Commission (GC) and poker companies launching new leagues for pubs.
While the GC is warning licensees about the many legal pitfalls of hosting the game, poker companies are continuing to launch new leagues arguing it is not illegal.
Organised poker is illegal except under a select number of conditions, as set out in the Gaming Act 1968. There must be no levy on the stakes or winnings of players, nor access allowed to members of the public. It is illegal for pubs to host games that are played for 'money or money's worth', meaning prizes are forbidden.
Poker companies have complained that the body has shown uncertainty on the issue, and undue resistance to their initiatives, leaving licensees in the lurch.
Poker in the Pub chairman Dave Brannan said: "We are not getting a clear answer from the GC. It is perfectly happy to point out reasons why poker would be illegal, but they have seemed hesitant to come back to us once we point out we are not doing any of that."
However, the GC warned that, even in cases where pubs are hosting legal games of poker that do not involve levies or playing for money, licensees will still be held legally responsible if their customers break the law.
A spokesman said: "The additional problem for licensees is that players can apply their own rules without the organisers knowing - for example, 'settling up' for cash afterwards. The licensee is legally liable in these circumstances."
David Clifton, of London solicitors Joelson Wilson, said: "Under the current legislation, it is virtually impossible to legally organise a poker competition other than in a licensed casino."