Court ruling: poker games need permit

Unlicensed poker played in pubs for money is still illegal following a landmark court ruling, experts have warned.

The jury at Snaresbrook Crown Court in east London ruled that poker is a game of chance rather than a game of skill, and therefore a permit is needed to host games.

Derek Kelly of the Gutshot Club in Clerkenwell, London, was found guilty on two counts of contravening the 1968 Gaming Act by hosting poker without having the correct permit.

He argued that a licence was not needed because poker is a game of skill, and these are exempt under the 1968 Act.

The prosecution said that poker was a game a chance because cards are shuffled.

If he had been acquitted it could have opened the door for licensees to make revenue from hosting poker.

The Gambling Commission said: "The law has always been clear - commercial gambling needs to be properly regulated to ensure that members of the public are protected from exploitation.

"The Gutshot Club was not regulated and was in serious breach of the Gaming Act."

MA legal editor Peter Coul-son said the case clarifies the position of poker in the Act, which says that card games with an element of skill are still classed as games of chance.

"Poker is and always has been caught by the definition in the Gaming Act that it's a game of chance and therefore is illegal," Coulson said.

However, he pointed out that games played for no levy or stakes, and with no charge for players, remain legal.

infringements

The court heard that Derek Kelly took a cut from the prize pot in some games and charged players to play in others - both illegal acts.

On 7 December 2004, from a pot of £2,165 winnings, the club kept £270 as its cut. And on 27 January 2005, players paid £22 to enter a game and were given £20-worth of chips - £2 went to the club.

Justice Wilkinson said Kelly would be sentenced on 16 February. A prison sentence was ruled out.