Crown court jury up ante to decide whether poker is a game of chance

A crown court was introduced to the terms a "flop", and a "blind bet" as a landmark case opened that could decide the 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, London, has denied contravening the 1968 Gaming Act by organising a game of poker on 7 December, 2004 in which a levy was charged on the winnings. He has further denied contravening the Act by organising a poker game on 27 January, 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, such as 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?"

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."

He said the prosecution case was that poker was a game of "mixed skill and chance" and if the jury agreed that was right they should find Kelly guilty.

He said the prosecution was making this case as the cards are shuffled before any game starts, therefore introducing a significant element of chance.