Recent times have seen the start of a landmark case concerning poker in the UK, Derek Kelly of the Gutshot Club in London is being prosecuted contravening the 1968 Gaming Act by organising poker games in January 2005 at the club. The ramifications of either verdict could potentially mean huge changes to the face of poker in the UK.The basis of the prosecution centres around the belief that poker is, in fact, a game of mixed skill and chance. Within the 1968 act, the law states that games such as blackjackand roulette require a license, but quiz machines and games such as chess do not, since they are ‘skill’ games.
The prosecution’s argument stems from the fact that the cards are shuffled before starting, "We would submit that once these cards are shuffled then you have introduced an element, a significant element of chance," Graham Trembath QC stated.
The defence intends to counter this by arguing that all games have an element of luck, "Provided you are more able, ultimately you will be the winner. Like any game or sport, there are elements of luck. However, the more skillful player will win out in the end," said Kelly. Even in a game of chess, this statement may ring true, as being able to go first is considered an advantage to most players. Of course, deciding who goes first is often down to a flip of the coin...
The thing that sets poker aside most from these other ‘house’ games as it were, is the fact that in poker, you are not playing against the house, you are playing against other players of varying skill. Therefore the Gutshot, or whichever casino you are in, merely acts as a staging area for said tournaments and cash games, providing services to the punters. Whereas in roulette, you are given a set of options to back against the house, in which the outcome is pure chance and the house retains a statistical edge. For me, this is the major difference between poker and any other game found in a casino, since the casino is not involved in the actual process of gambling and acts merely as a support for the tournaments and cash games. Whether this fact will help in the exoneration of the Gutshot remains to be seen.
The case is expected to conclude on Tuesday 16th January.