Busted Gutshot

London’s Gutshot Card Club has lost a landmark court case after poker was categorised by the judge as a game of both skill and chance.

Chairman of the Gutshot Private Members Club Derek Kelly, and his legal team, had argued that poker was a game of skill and therefore exempt from gambling regulations, which require clubs to hold licenses to host games of chance.

The Gutshot was charged with illegally operating a rake on cash games and a 10 percent levy on tournament buy-ins, which was found by the court to be a breach of the 1968 Gaming Act. Games such as bridge and chess are deemed as being games of skill and as such do not require a full gaming license to host them.

Expert witnesses including Professor Joseph M Kelly (no relation) and Late Night Poker creator Nic Szeremeta were brought in to explain how a skillful player would – given time – always win out over a novice as huge amounts of information have to be processed on every hand according to the situation.

The prosecution, led by Graham Trembath QC, didn’t dispute the assertion that better players enjoyed an edge over weaker players. Instead he argued that an element of chance is introduced into the game merely through shuffling the deck, and that poker should therefore be judged as a game of skill and chance.

The defendant Kelly told the court: ‘Poker is about the long game. You are playing against individuals… not the house. On the question of chance, it exists in all games. Tiger Woods may hit a perfect drive, but the ball hits a robin on the way…bad luck Tiger!’

Bridge too far

The Gutshot team made a solid argument for why poker was as much a game of skill as bridge, which is classed as a skill game, but as it wasn’t the law’s classification of bridge that was in the dock the jury ruled that the Gutshot had broken the law.

The date for sentencing and consideration of costs was set for February 16. Kelly is not expected to receive a custodial sentence.

The ruling has sent shockwaves through the poker community with other clubs that were operating without a full gaming license now open to investigation. The Gambling Commission, which brought the Gutshot case to court, is charged with making sure that gambling is conducted fairly and openly and to prevent exploitation.

Gambling Commission director of operations Phill Brear said: ‘Commercial poker in unregulated premises creates a range of risks and dangers, especially when substantial sums of money are invited or involved.’

Brear added: ‘Following the guilty verdict in the Gutshot poker case, we are warning cardrooms and premises where we believe illegal commercial poker is taking place, that appropriate action will be taken against those who organise or provide unlawful gaming.’ While the Gutshot is still open for business it has stopped charging a rake or buy-in. On the Gutshot’s website Kelly declared that he would be appealing against the decision on the recommendation of his legal team. As ever, we’ll keep you up to date with any developments.