What next for poker in the UK?

The legal trial dubbed as the most important test-case in the history of British poker concluded yesterday with Derek Kelly, the chairman of the Gutshot Club at Clerkenwell Road, London, being found guilty of contravening the Gaming Act of 1968 by staging two poker games without a license. In order to reach their verdict, the jury at Snaresbrook Crown Court had to consider whether poker was a game of pure skill or one in which chance also played a part. Naturally, in finding Mr Kelly guilty they had to decide that, in their opinion, chance is involved.

So what are the repercussions of this guilty verdict likely to be? Well, Mr Kelly himself will be sentenced at a later date, and although both a fine and imprisonment are technically possible, most commentators believe that a prison sentence is unlikely. Mr Kelly has conducted himself with a fantastic amount of openness throughout the whole affair, and has co-operated fully with the police at every turn, so if justice means anything a fine should be more than sufficient for the "crime" he committed.

Beyond the personal consequences for Mr Kelly, the game of poker itself could suffer. Now that the system has confirmed that poker is indeed covered by the Gaming Act of 1968, it will continue to be the case that only licensed establishments are able to offer games legally. This means that many pubs and clubs that might have been interested in the game will probably decide against getting involved. The current licensing requirements are fussy, long-winded and basically detrimental to all but those who are most committed to the game in the first place, and although the legislation may change in the future, for now it's not at all easy for clubs to move forward unless they are absolutely committed to putting in the required effort.

Of course, poker games could continue to be staged illegally – not in the "matter of principle" way that The Gutshot Club staged them – but underground, with all of the corruption and danger that involves. Playing a well organised game or two at a venue like The Gutshot Club was a delight, because you knew that – legal technicalities aside – everything was above board and tightly self-regulated. But playing in a darkened basement at the bottom of a back alley somewhere in the inner city is a very different situation, and this kind of poker could well put people off the game for good.

Poker has made giant strides over recent years, becoming incredibly popular with players online and offline. The industry as a whole will be working hard to try and limit any damage that the Derek Kelly guilty verdict may cause. It will also be working just as hard to make the most of the massive publicity that the case has generated in the popular media, possibly motioning for a change in the law that will make out favourite card game more accessible and enjoyable for the everyday player.

Poker may have lost the battle, but it hasn't lost the war by any means.

Poker and the Law