sec.63Decision on additional premises application

### sec.63 Decision on additional premises application The commissioner may, in relation to an additional premises application, approve, or refuse to approve, the additional premises as premises to which the applicant’s gaming machine licence relates. In making the decision, the commissioner— must have regard to— any supporting material for the application; and any relevant community comments on the application; and the matters the commissioner had regard to in considering the application under section 62 ; and may have regard to— the benefits to be offered to members of the applicant at the additional premises and, in particular, whether the benefits are distinct in nature to the benefits offered to the members at the applicant’s existing licensed premises (the existing premises ); and any other matters the commissioner considers relevant. The commissioner may approve the additional premises only if the commissioner is satisfied that— it is in the best interests of the applicant’s members that the approval be given; and the giving of the approval is not contrary to the public interest. The commissioner may refuse to approve the additional premises if the applicant, or an associate of the applicant, without a reasonable excuse, fails to comply with a requirement of the commissioner under section 62 (2) (b) . The commissioner must refuse to approve the additional premises if— the commissioner considers the installation and use of gaming machines on the additional premises is likely to affect adversely— the nature or character of the premises; or the general use of the premises or the enjoyment of persons using the premises; or the public interest; or the applicant fails to comply with a request of the commissioner under section 62 (4) (c) without a reasonable excuse. If the commissioner approves the additional premises, the commissioner must immediately give written notice of the decision to the applicant. If the commissioner refuses to approve the additional premises, the commissioner must immediately give the applicant an information notice for the decision. For an application of significant community impact, see also section 55FA for other entities that must be given notice of a decision on the application. s 63 ins 1999 No. 8 s 13 amd 2000 No. 51 s 34 sub 2012 No. 25 s 58 ; 2014 No. 30 s 23 amd 2021 No. 7 s 15 (sec.63-ssec.1) The commissioner may, in relation to an additional premises application, approve, or refuse to approve, the additional premises as premises to which the applicant’s gaming machine licence relates. (sec.63-ssec.2) In making the decision, the commissioner— must have regard to— any supporting material for the application; and any relevant community comments on the application; and the matters the commissioner had regard to in considering the application under section 62 ; and may have regard to— the benefits to be offered to members of the applicant at the additional premises and, in particular, whether the benefits are distinct in nature to the benefits offered to the members at the applicant’s existing licensed premises (the existing premises ); and any other matters the commissioner considers relevant. (sec.63-ssec.3) The commissioner may approve the additional premises only if the commissioner is satisfied that— it is in the best interests of the applicant’s members that the approval be given; and the giving of the approval is not contrary to the public interest. (sec.63-ssec.4) The commissioner may refuse to approve the additional premises if the applicant, or an associate of the applicant, without a reasonable excuse, fails to comply with a requirement of the commissioner under section 62 (2) (b) . (sec.63-ssec.5) The commissioner must refuse to approve the additional premises if— the commissioner considers the installation and use of gaming machines on the additional premises is likely to affect adversely— the nature or character of the premises; or the general use of the premises or the enjoyment of persons using the premises; or the public interest; or the applicant fails to comply with a request of the commissioner under section 62 (4) (c) without a reasonable excuse. (sec.63-ssec.6) If the commissioner approves the additional premises, the commissioner must immediately give written notice of the decision to the applicant. (sec.63-ssec.7) If the commissioner refuses to approve the additional premises, the commissioner must immediately give the applicant an information notice for the decision. - (a) must have regard to— (i) any supporting material for the application; and (ii) any relevant community comments on the application; and (iii) the matters the commissioner had regard to in considering the application under section 62 ; and - (i) any supporting material for the application; and - (ii) any relevant community comments on the application; and - (iii) the matters the commissioner had regard to in considering the application under section 62 ; and - (b) may have regard to— (i) the benefits to be offered to members of the applicant at the additional premises and, in particular, whether the benefits are distinct in nature to the benefits offered to the members at the applicant’s existing licensed premises (the existing premises ); and (ii) any other matters the commissioner considers relevant. - (i) the benefits to be offered to members of the applicant at the additional premises and, in particular, whether the benefits are distinct in nature to the benefits offered to the members at the applicant’s existing licensed premises (the existing premises ); and - (ii) any other matters the commissioner considers relevant. - (i) any supporting material for the application; and - (ii) any relevant community comments on the application; and - (iii) the matters the commissioner had regard to in considering the application under section 62 ; and - (i) the benefits to be offered to members of the applicant at the additional premises and, in particular, whether the benefits are distinct in nature to the benefits offered to the members at the applicant’s existing licensed premises (the existing premises ); and - (ii) any other matters the commissioner considers relevant. - (a) it is in the best interests of the applicant’s members that the approval be given; and - (b) the giving of the approval is not contrary to the public interest. - (a) the commissioner considers the installation and use of gaming machines on the additional premises is likely to affect adversely— (i) the nature or character of the premises; or (ii) the general use of the premises or the enjoyment of persons using the premises; or (iii) the public interest; or - (i) the nature or character of the premises; or - (ii) the general use of the premises or the enjoyment of persons using the premises; or - (iii) the public interest; or - (b) the applicant fails to comply with a request of the commissioner under section 62 (4) (c) without a reasonable excuse. - (i) the nature or character of the premises; or - (ii) the general use of the premises or the enjoyment of persons using the premises; or - (iii) the public interest; or