Jury asked to decide if poker is game of chance

A CROWN court was introduced to the terms “flop”, a “blind bet” and “raising” as a landmark case opened yesterday that could decide the future growth of poker gaming.

A jury has been asked to decide whether poker is a game of skill or chance or a combination of both in the trial at Snaresbrook Crown Court in east London.

Derek Kelly, 46, chairman of the Gutshot Private Members’ Club, in Clerkenwell, central London, has denied contravening the 1968 Gaming Act by organising a game of poker on December 7, 2004, in which a levy was charged on the winnings.

He has further denied contravening the act by organising a poker game on January 27, 2005, in which a fee was charged to take part.

The act states that a licence is needed to host games of chance such as blackjack and roulette — but not games of skill, like chess and quiz machines.

Graham Trembath QC, opening the case against Mr Kelly, told the jury: “If I use the following words – a flop, a pair, are you raising?, a blind bet, Texas Hold ‘em, – do those words or any of them resonate with you or ring any bells?”

He added: “This case is all about poker, now ladies and gentlemen I do not know of course whether you or any of you are familiar with playing poker, what poker involves, the rules of poker.

“The essence of this case may well be, and we should see the view you take, because it is your decision and your decision alone on this aspect — is poker a game of skill or is it a game of chance or is it a game combining skill and chance?”

He said the prosecution case was that poker was a game of “mixed skill and chance” and if the jury agreed that this was right then they should find Kelly guilty on both counts.

“We would submit that once these cards are shuffled then you have introduced an element, a significant element of chance,” he said.