Gutshot case

One of the most important and protracted legal wrangles in British gambling history is drawing to a close at Snaresbrook Crown Court in East London this week.

The action, which has come to be known as ‘The Gutshot Case’, centres around the operation of the Gutshot Card Club in Clerkenwell, Central London.

The Gutshot, which is a cornerstone of live poker in the capital, is accused of contravening the Gaming Act of 1968 by holding poker games in an unlicensed premises.

The accused is club owner Derek Kelly, who faces a fine or more drastically a possible jail term if found guilty.

The proceedings concern two visits made by police to the club, where evidence was found that the house profited from poker activity taking place.

The court has heard from the Prosecution that on 7 December 2004, a tournament offered £2,165 in winnings with the club keeping £270 as its cut.

While on the second occasion on 27 January 2005, players paid £22 to enter a game and were given £20 worth of chips, netting the club a profit of £2 per person.

The case’s key point of legal argument is a fascinating one. It surrounds the status of the game of poker itself, and whether it is a game of chance or a game of skill.

At present the law states that a specific gaming licence must be held by anyone (such as casinos) who wishes to profit from games of chance; and The Gutshot, although a private members club, does not possess the requisite licence.

However, if Kelly and the defence team can convince the court that poker is a game of skill, it will not be covered by the Gaming Act, and a victory will be won for poker in this country.

A acquital would set a massive legal precedent as pubs and bars up and down the country would be able to host proper poker legitimately.

The Prosecution has argued that poker is a game of both skill and chance, and cites the regular shuffling of the deck as evidence that the chance element is a large one.

Obviously the Defence case rests on convincing the court otherwise, and Kelly has made the point that the best players in the world win regularly, thus proving that skill is the overriding factor in success.

As the trial draws to a close the poker community waits with baited breath, and we will bring you all of the news and reaction as it happens.