In 1913 in the United States, California’s Attorney General declared Draw Poker to be a game of skill and outside antigambling laws. Stud Poker, however, was listed as a game of chance and described as illegal. There are many variations to the game of poker and there has always been controversy over whether chance or skill is involved in winning. Ancient gaming laws in Britain labelled poker as a game of chance and therefore illegal until the 1960 Gaming Act.

A trial taking place in London once again raises the question of whether poker is a game of skill or chance. A London licensee is challenging the UK gambling law after being charged with two offences of organising poker games and charging a fee or taking a percentage of the pot. Derek Kelly is hoping to persuade the jury that poker is a game of skill and that he does not need a licence to run the games at his venue. Should he win then pubs and clubs would be able to increase their revenue by organising poker games.

Charges were brought against Kelly after an undercover police operation, for which three police officers were trained in poker at a London casino. If the verdict goes against him, Kelly could face a fine or imprisonment. The prosecution is arguing that by shuffling the cards an element of chance is introduced into the game. Whatever the result, by the end of the trial the jury should know a lot more about the game of poker than they did at the start. (E-01.11.07)

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