Prosecution sets out case in poker trial

The Crown Court jury who will be asked to decide if poker is a game of skill or a game of chance, continued their lesson in card room parlance today.

They were even treated to a description of another card game - Beggar Thy Neighbour - by his honour Justice Wilkinson.

The twelve members of the public who make up the jury at Snaresbrook will decide the fate of Derek Kelly, licensee of the Gutshot poker club in London.

Mr Kelly has been nothing but open with us and we've disagreed about nothing but the point of law this case is about​Det Insp Warner of the Met's Clubs and Vice Unit

Kelly hopes to argue that he does not need a gaming licence for his club because Texas Hold'em poker is a game of skill and therefore exempt from the 1968 Gaming Act.

Today the prosecution, which contends that poker is a game of chance, called on evidence from the head of the Gambling Commission, Phillip Brear, and the officer in the case, a Det Insp Darren Warner.

Insp Warner told the court that the Gutshot, in Clerkenwell Road, was a well-run, pleasant club - but in his opinion was operating outside of the law because a levy was charged on players, or a cut of the pot taken by the house.

He said: "Mr Kelly has been nothing but open with us and we've disagreed about nothing but the point of law this case is about."​

The court also heard extracts from Kelly's police interview in which he told them the club made no profit from the card room and the card games were subsidised by the Gutshot's restaurant and bar.

If Kelly is successful, licensees up and down the country could potentially open poker clubs.

However, if he is found guilty he faces a fine or imprisonment.

Earlier the prosecution told the court that on 7 December from a pot of £2,165 winnings, the club kept £270 as its cut.

And on 27 January players paid £22 to enter a game and were given £20 worth of chips - giving £2 per person to the club.

The case will resume tomorrow.