Div 2Special provisions relating to gaming machine licences

Division 2—Special provisions relating to gaming machine licences 15—Eligibility criteria (1) The following persons only are eligible to hold a gaming machine licence: (a) the holder of a general and hotel licence (whether temporary or otherwise); (b) the holder of a club licence, or two or more holders of separate club licences, jointly; (c) the holder of an on premises licence (whether temporary or otherwise) if— (i) — (A) the holder of the licence previously held a special circumstances licence granted on the surrender of a hotel licence or a club licence; and (B) the nature of the undertaking carried out under the licence is substantially similar to that of a licensed hotel or club; or (ii) the premises to which the on premises licence relates constitute— (A) a major sporting venue; or (B) the headquarters in this State for a particular sporting code, and the nature of the undertaking carried out under the licence is substantially similar to that of a licensed club. (1a) Club One is eligible to hold a gaming machine licence for particular premises if it holds a licence under the Liquor Licensing Act 1997 in respect of the premises as required by subsection (1). (2) Subject to subsection (3a), the premises to which a liquor licence referred to in subsection (1) relates will be the licensed premises in respect of the gaming machine licence. (3) A person referred to in subsection (1) can hold only one gaming machine licence in respect of the premises to which the liquor licence relates. (3a) If two or more holders of separate club licences are, or are to be, the joint holders of a gaming machine licence, the following provisions apply: (a) none of the holders can hold, either solely or jointly, another gaming machine licence; and (b) the jointly held licence can only relate to the premises of one of the clubs, being the premises nominated by the applicants. (5) A gaming machine licence will not be granted unless— (a) the applicant for the licence satisfies the Commissioner, by such evidence as the Commissioner may require— (i) that the proposed gaming area, or gaming areas, within the premises in respect of which the licence is sought is or are suitable for the purpose; and (iii) that the arrangements proposed for the security of the premises, each gaming area and the gaming machines, and of the gaming operations generally, are adequate; and (iv) that the conduct of the proposed gaming operations on the premises would be unlikely to result in undue offence, annoyance, disturbance or inconvenience to those who reside, work or worship in the vicinity of the premises; and (vi) that the conduct of the proposed gaming operations on the premises would not detract unduly from the character of the premises, the nature of the undertaking carried out on the premises or the enjoyment of persons ordinarily using the premises (apart for the purpose of gaming); and (vii) that no proposed gaming area is so designed or situated that it would be likely to be a special attraction to minors; and (viii) that the proposed gaming area is within a place or area that is enclosed as defined by the Tobacco and E-Cigarette Products Act 1997 (see section 4(3) and (4)); and (b) the Commissioner has determined, in accordance with the community impact assessment guidelines, that the application is in the community interest. 15A—Gaming venues not to be located under same roof as shops or within shopping complexes (1) Despite any other provision of this Act, the Commissioner cannot after the commencement of this section grant an application for a gaming machine licence in respect of licensed premises, or grant any other application under this Act in respect of licensed premises that are subject to a gaming machine licence, if to do so would result in the licensed premises, or the whole or part of a gaming area of the licensed premises, being located— (a) under the same roof as a shop, whether or not on the same level or floor as the shop; or (b) anywhere within the boundaries of a shopping complex. (2) Subsection (1) applies only in respect of an application made after the commencement of this section (and any grant by the Commissioner of such an application will be taken to be void and of no effect). (3) Subsection (1) does not apply where the shop— (a) is a part of the licensed premises set aside for the purpose of selling liquor in bottles to the public; or (b) is intended primarily for the use of guests staying on the licensed premises. (4) For the purposes of subsection (1), licensed premises will be regarded as falling within the boundaries of a shopping complex if the land on which the premises are situated— (a) formed part of the complex immediately prior to the granting of the development authorisation (or the first such authorisation if more than one) for the establishment of the licensed premises on the land; or (b) shares a common boundary with the complex and the licensed premises are, in the opinion of the Commissioner, so linked to or integrated with the complex that they may properly be regarded as forming part of the complex. (5) In this section— shop means a shop at which goods are sold to the public by retail; shopping centre means a cluster of premises where— (a) at least one of the premises is a shop; and (b) the premises are located in the one building or in 2 or more buildings that are adjoining or are separated only by the grounds of the centre; and (c) the cluster of premises is promoted as, or generally regarded as constituting, a shopping centre, shopping mall, shopping court or shopping arcade; shopping complex means a shop, or shopping centre, together with all parking and other areas adjacent and ancillary to, and intended primarily for the use of persons attending, the shop or shopping centre. 16—Number of gaming machines to be operated under licence (1) Subject to this Act, a gaming machine licence authorises the licensee to possess and operate in the licensed premises a number of gaming machines equivalent to the number of gaming machine entitlements held in respect of the licensed premises (or a lesser number). (2) The number of gaming machine entitlements held in respect of particular licensed premises cannot exceed the maximum number approved by the Commissioner for operation under the gaming machine licence for the premises. (3) The Commissioner cannot approve more than 40 gaming machines for operation under a gaming machine licence. (4) If 2 or more gaming machine licences are in force in relation to the same licensed premises, the aggregate number of gaming machines approved for operation under the licences cannot exceed 40. (5) The Commissioner may grant to the holder or former holder of a gaming machine licence a temporary authorisation to possess (but not to operate) gaming machines if the authorisation is necessary or desirable to enable the orderly disposal of gaming machines the holder or former holder is no longer authorised to operate. 17—Plurality of licences (1) More than one gaming machine licence may be held in respect of separate parts of the same premises where those parts are each subject to a separate liquor licence. (2) More than one gaming machine licence may be held by separate persons in respect of the same premises if— (a) more than one club licence is held in respect of the premises; and (b) the Commissioner is satisfied that each licensee will have sole control over the gaming machines owned by the club in respect of which he or she holds a club licence. 17A—Commissioner to be satisfied that designated application is in community interest (1) The Commissioner may only grant a designated application if the Commissioner is satisfied that it is in the community interest to do so. (2) Without limiting subsection (1), in determining whether or not granting a designated application is in the community interest, the Commissioner— (a) must have regard to— (i) the harm that might be caused by gambling, whether to a community as a whole or a group within a community; and (ii) the cultural, recreational, employment or tourism impacts; and (iii) the social impact in, and the impact on the amenity of, the locality of the premises or proposed premises; and (iv) any other prescribed matter; and (b) must apply the community impact assessment guidelines. (3) An applicant in respect of a designated application must comply with any requirements set out in the community impact assessment guidelines, and any other requirements specified by the Commissioner for the purposes of this section. designated application means— (a) an application for a gaming machine licence; or (b) any other application that the Commissioner has determined, either in accordance with the community impact assessment guidelines or another provision of this Act, to be a designated application for the purposes of this section. 17B—Community impact assessment guidelines (1) The Commissioner must, by notice in the Gazette, publish guidelines (the community impact assessment guidelines) for the purposes of determining— (a) whether or not an application is a designated application for the purposes of section 17A; and (b) whether or not a designated application is in the community interest. (2) The Commissioner may, by subsequent notice in the Gazette, vary or revoke a notice under this section. (3) The community impact assessment guidelines may provide for— (a) any matters relevant to an assessment of the likely impacts of a designated application on a community; and (b) the manner and form of a designated application; and (c) any other matter considered appropriate by the Commissioner. (4) The community impact assessment guidelines may set out requirements that apply to a designated application for the purposes of section 17A, including requirements that the applicant— (a) provide documents, material or other information; and (b) take certain steps or undertake consultation in accordance with the guidelines. (5) The provisions of the community impact assessment guidelines may be of general, limited or varied application according to— (a) the class of designated application or licence; or (b) the circumstances; or (c) any other specified factor, to which the provision is expressed to apply. 17C—Certificate of approval for proposed premises (1) If the Commissioner refuses an application for a gaming machine licence only on the ground that the proposed premises are uncompleted, the Commissioner may, instead, grant a certificate (a certificate of approval) approving the plans submitted by the applicant in respect of the proposed premises if the applicant satisfies the Commissioner, by such evidence as the Commissioner may require that— (a) the requirements of section 15(5)(a) will be met in relation to the proposed premises if completed in accordance with the plans; and (b) any approvals, consents or exemptions that are required under the law relating to planning to permit the use of the proposed premises for the conduct of gaming operations have been obtained. (2) A certificate of approval— (a) may be granted for a term and on conditions the Commissioner thinks fit; and (b) must state the maximum number of gaming machines to be operated under the licence. (3) The Commissioner may, on application by the holder of a certificate of approval, approve a variation of the plans approved in the certificate. (4) If— (a) a certificate of approval has been granted; and (b) the holder of the certificate satisfies the Commissioner— (i) that the conditions (if any) on which the certificate was granted have been complied with; and (ii) that the premises have been completed in accordance with plans approved by the Commissioner on the grant of the certificate or a variation of those plans later approved by the Commissioner, a gaming machine licence subject to the conditions (if any) specified in the certificate must be granted to the holder of the certificate in respect of the premises. (5) Subject to subsection (6), a certificate under this section is, for the purposes of the provisions of this Act relating to the transfer of a licence, treated as if it were a gaming machine licence. (6) A transaction under which the holder of a certificate of approval agrees to the transfer of the certificate for a monetary or other consideration is void unless the proposed transfer is to a close associate within the meaning of section 4A.