Poker in the form of an individual card game or as a tournament and of whatever type (draw, stud, community poker) is a game of chance when there is a stake of whatever kind, there is the possibility of winning or losing this stake and in which chance is a supplementary element in the course of the game, the identification of the winner or determining the size of the profit (cards are chance generators). Poker is, because of the almost essential presence of money, primarily a game of chance. And games of chance are prohibited without a licence from the Gaming Commission. Currently live poker games and poker tournaments can only be operated in the casinos. In slot machine arcades, electronic poker games may also
be operated.

An exception is article 3.3 of the Gaming and Betting Act of 7 May 1999 which states that card games can be played outside the casinos and slot machine arcades if there is only a very limited stake and can only provide the player
with a very limited material advantage.