Chapter Updates

Chapter 3: Statutory interpretation

Winning Poker hand revealed

On p52 of the textbook I mentioned a statutory interpretation question that had appeared in the news at the time of writing about whether poker was a ‘game of skill’ or a ‘game of luck or chance’ for the purposes of gambling legislation. This issue has not been determined by an appeal court, at this stage, but by a jury in a case brought to its conclusion at trial in January 2007. Derek Kelly, the chairman of a private members’ club (the ‘Gutshot Club, Bar and Restaurant’ in Clerkenwell, London) where poker had been played was found guilty by a jury at Snaresbrook Crown Court of committing offences under the Gaming Act 1968. He was convicted because the jury took the view that Poker was a ‘game of luck or chance’ and therefore could only lawfully be played in premises with a gaming licence (eg, casinos). However, ‘games of skill’, such as chess, do not require a gambling licence and can be played in private members’ clubs.