The fact that poker is a game of skill is blindingly obvious to most people but there was a sufficient element of doubt for jurors to find Gutshot owner Derek Kelly guilty on two counts of illegally charging a participation fee and illegally charging a levy on winnings at poker games, in a breach of the 1968 Gaming Act that classifies poker as a game of chance and therefore only to be played in licensed casinos.

Kelly, from County Wicklow in Ireland, contends that poker is a game of skill and says that despite a hefty bill for legal fees he will continue his campaign to have poker reclassified. The judge in the case, heard in East London, has not handed down a prison sentence, but the Gutshot in the Clerkenwell district of central London faces closure. The guilty verdict may also herald a clampdown on other poker clubs around the country.

The prosecution in the case insisted that the shuffling of the cards introduced the element of chance into poker. The defence maintained that there is an element of chance in any game but that skill was the overriding factor in a game of poker. The Gambling Commission has pointed out that although poker is a very popular game it needs proper supervision to prevent an escalation into a high-risk activity with opportunities for criminal exploitation and cheating. (E-01.17.07)

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