CR59-p01-Euro 1:SJC-Casino Review 19/8/07 10:26 Page 1
September 2007 059
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The official publication of EELEX
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EUROPEANNEWS10 WORLDNEWS20 CASHLESSFEATURE34
In complete contrast
Poker: A game of
to the recent ruling of skill in Denmark, a
a British court, a
game of chance in
the UK. Image
Danish judge has
courtesy of Casinos
Austria International
said that poker
should be classified
as a game of skill and
not a game of
chance. Analysts
believe this could set
a precedent with
similar court action
expected across
Europe and the US.
Danish judge rules that
poker is a game of skill
skillfactor game of chance. “We have not breach of gaming laws as it was ments: “The decision in 300,000 people playing every predominantly decided by the
DENMARK been able to get a confirma- operating without a casino Denmark is at variance to earlier week and some 500,000 people players’ application of mathe-
tion, but apparently a Russian licence. As poker contained an rulings in the UK. Given the playing regularly. Most poker matical, economical and psy-
A Danish judge has ruled that court has recently reached the element of chance it ruled it recent EU intervention on playing in Denmark takes place chological analysis skills as well
tournament poker is a game same result, whilst a district should be classed as a game of online gaming, it is possible that online, but more and more poker as strategic thinking,” he pre-
of skill and not chance, allow- court in Nevada has recognised chance and so should remain eventually there could be an EU clubs are being established dicted. “At the moment, the EU
ing poker competition organ- poker as a trade for the purpose the exclusive game of a casino wide decision on how poker around the country to accom- is mainly concerned with sports
isers to avoid prosecution of income taxation and tax licence holder. clubs should be regulated. We modate the need for live tourna- betting, and there are no indica-
under Danish law. deductions. Similar cases are Hansen explained: “The have seen this happen with foot- ments. There is still the tions for the time being that the
The decision is being closely pending all around Europe,” reason for the different out- ball which has had international possibility that the case may be EU will take a European wide
examined by poker tournament Hansen added. comes of the Danish case and implications. Given the views of eventually heard before the stance on the status of poker.
organisers in other European “The court has recognised the Gutshot case shall therefore the new Prime Minister Gordon Danish High Court, where a Several similar cases are pending
jurisdictions and the United that a poker tournament mainly be sought in the legisla- Brown in the recent decision on judge may take a different view, around Europe at the moment,
States, where similar court played over many hours tion on which the rulings are super casinos, it must be unlikely but Hansen believes the impli- and it is likely that this ruling
actions are expected to follow. requires a range of strategic, based rather than in the reason- that there is any political will in cations could reach toward a will result in even more cases.”
The case was brought against analytical and mathematical ing of the courts that decided the UK government to see the much wider audience. “This The decision will see some of
the Danish Poker Association, skills, and without these skills them. The Gutshot case was EU adopt the Danish position.” Ruling is the first step towards the big poker brands looking to
who represents poker clubs, by a player is unlikely to win.” decided under the Gaming Act In Denmark, poker is a very international recognition of increase the market activity in
the Police Commissioners Pros- The ruling, handed down of 1968. This act does not apply popular game with some poker as game of skill, which is Denmark as a result.
ecution Service arguing for a on July 13 2007, specifically the predominant test like the
violation of the criminal code, relates to Texas Hold’em, one Danish Criminal Code does.
but indirectly supporting the of the most popular versions Under the Gaming Act of 1968 a
view taken by the hotel and of poker played at tournaments game is considered a game of
restaurant trade association the world over. chance even if the game con-
Horesta, acting on behalf of Hansen adds: “The rules of sists of chance and skill com-
licensed casino operators. Texas Hold’em are internation- bined, and in this context the
Casino operators believed that ally recognised. Poker federa- possibility of superlative skill
the Danish Poker Association tions in many countries with eliminating the element of
were organising gambling similar restrictions have been chance shall be disregarded.In
events, illegal under Danish law. watching this court case closely other words, if there is any
“This case is unique in that and we expect to see similar element of chance, it is a game
we believe it is the first time actions occur. There is an almost of chance and, if played for
anywhere in the world that the identical case currently money, gaming under the
rules of poker have been closely pending in the Netherlands, Gaming Act of 1968.
scrutinised,” said Anders Germany and France.” “Further,” he added, “since
Hansen, the managing partner However keenly the Danish the Gutshot conviction was a
at DANDERS & MORE, the ruling is welcomed by those jury conviction as opposed to
Danish law firm representing running poker clubs in the UK the Danish case where a judge-
the Danish Poker Association. and seen as a sign of hope, it is ment was passed by a judge
The municipal court of still far from clear as to whether these two cases are not directly
Lyngby’s ruling is one of the the case will provide grounds to comparable from a procedural
first rulings in the world that challenge a UK ruling in January point of view either.”
analyses the various elements this year on the Gutshot Club. Trevor Watkins, partner and
of poker and concludes that a A London court ruled that acknowledged sports law
poker tournament is not a Gutshot Poker club was in expert at Clarke Willmott, com-
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