Poker a game of chance, court rules

Hopes that pubs would get the green light to legally host poker for money have been dashed after a jury decided it was a game of chance, not pure...

Hopes that pubs would get the green light to legally host poker for money have been dashed after a jury decided it was a game of chance, not pure skill.

Derek Kelly, 46, chairman of the Gutshot Club in Clerkenwell, London, Europe's biggest poker club, was found guilty on two counts of contravening the 1968 Gaming Act by hosting poker games at the venue.

If Kelly had been found not guilty it could have opened the door for pubs to legally host poker games without a licence.

Under the Act, venues require a licence for games of chance, but not for games of skill, such as chess and bridge.

Following the jury's unanimous decision, The Publican was in court when Judge Simon Wilkinson said: "This could have caused enormous problems for the gaming industry and given the green light for unregulated poker."

Kelly, of Greystones, Co Wicklow, Ireland, argued that poker is a game of skill and should be exempt from gambling legislation.

Zeeshan Dhar, defending Kelly, told Snaresbrook Crown Court: "You can apply skill to overide chance and that's what makes it a game of skill."

But the prosecution claimed there is a significant element of chance involved because the cards were shuffled before the game.

Nick Arron, a solicitor at legal firm Poppleston Allen, said: "Unfortunately this means for pubs the current situation hasn't changed."

A Gambling Commission statement said: "The Gaming Act has always been clear, poker is gaming, it is a game of skill and chance combined. Commercial gaming needs to be undertaken in a properly regulated environment to ensure that members of the public are protected from cheating and exploitation. "

Kelly will be sentenced at a later date, but Judge Wilson indicated he would not face a jail term.