I suppose something is news if you haven't heard it before. So it was with the poker case that concluded last week, described by some eager beavers as a "landmark decision". Boring old codgers like me, poring over a dog-eared pack of Waddington's best, have been there some time ago.
Let me explain. Part 1 of the Gaming Act does not allow licensees or others to make money out of equal chance gaming, either by selling chips or tokens at a premium, making a charge for participation or taking a cut from the pot. This has been a principle of the gaming laws for a considerable time. It has actually nothing to do with the game of poker.
Poker can be played as equal chance gaming, and in an increasing number of households there are poker schools happily going on with no fear of the law, being "domestic occasions". But the pub is a different place, and the gaming laws are stricter there.
The reason why the proprietor of
Clerkenwell's Gutshot Club decided to run the defence that poker was a game of skill was, therefore, not because of the game itself but because of his commercial involvement. You can charge people to participate in competitions or contests, and you can take a slice of the prize money, too. But you cannot if it is gaming.
There are none so blind as those who will not see. There are at least two other card games that everyone knows are clearly classed as gaming, but which rely on some skill and judgement to play well. They are cribbage and bridge (or whist). Both are mentioned in gambling legislation, for different reasons.
Cribbage is one of the games of chance allowed in pubs for small stakes (along with dominoes, another game of chance) and bridge and whist clubs have a special status in the Gaming Act in respect of charges.
However, they are all games of chance and skill combined. And the definitions in the Act make it clear that it is the fall of the cards which introduces that chance element which makes it gaming, if money or money's worth (such as a prize) is involved.
So poker schools in pubs will be fine as long as it is played absolutely for fun, points and kudos. But the police and the Gambling Commission will become involved if there is any hint that the games will result in money or prizes changing hands.
Bluff your way out of that!