In a ruling which will undoubtedly be criticized by a large proportion of British poker players the Court of Appeal in England has ruled that poker is a game of chance and is more dependent on luck than skill.

The ruling went against Irish man Derek Kelly who argued that it was a game of skill and therefore he did not need a licence under the 1968 Gaming Act, which required it only for games of chance.

Last year Mr. Kelly was found guilty of breaching gambling laws by a jury at London's Snaresbrook Crown Court.

Mr. Kelly was conditionally discharged for two years but the appeal over his conviction was rejected by the Appeal Court last week.

It is forbidden to impose levies on winnings and charge participation fees to players in a game of chance.

Mr. Kelly was found guilty of both when organising Texas Hold'em Tournaments at Gutshot Private Members Club in Clerkenwell.

If poker is deemed to be one of skill, as are chess and bridge, it can remain available to players in members’ clubs. But if it is seen as one of chance, as are roulette and blackjack, it will legally be played only in licensed casinos.

Derek Kelly, the owner of the Gutshot club, which claims to have 12,000 members, admits hosting poker games since January 2004. But he argues that the tournaments are merely the activities of a private club whose members engage in a game of skill.
 
The courts disagreed however sparking much debate amongst poker players throughout the UK.

Most ask why the game of poker cannot be categorised as one which requires both skill and chance?
Regrettably for Mr. Kelly the answer is that the law in the UK is not designed to allow such recognition and it has to come down on one side or another when describing the game.