Australia
Licensee of CBD Venue Prosecuted for ATM in Same Part of Hotel as Gaming Machines
Department of Enterprise, Investment and Trade
Licensed venues are being warned to comply with important gaming harm minimisation measures or face enforcement action, after the licensee of an inner Sydney venue was found guilty under the Gaming Machines Regulation 2019, after placing an automatic teller machine (ATM) in an ‘ATM room’ attached to its gaming room.
The licensee of Vbar on Liverpool Street in Sydney’s central business district (CBD) was ordered to pay the prosecutor’s costs in the amount of $5,500 by the local court, after inspectors from Liquor & Gaming NSW found the ATM and the magistrate determined it was in the same part of the hotel as gaming machines were located.
Large text reading ‘ATM’ was also displayed across the door to this room on the gaming room side.
This decision comes following an escalation in enforcement response by Liquor & Gaming NSW in 2023, which has seen 16 penalty notices issued and 13 prosecutions commenced for ATM location breaches.
The Regulatory Operations Executive Director for Liquor & Gaming NSW, Jane Lin, said the position of the ATM was a clear breach of the Gaming Machines Regulation 2019, which stipulates that a licensee must not permit a cash dispensing facility to be located in a part of a hotel or a club premises in which approved gaming machines are located.
The magistrate supported Liquor & Gaming NSW’s interpretation that the clause was not confined to just a gaming room and that the requirement in the regulation applies to ‘a part’ of the hotel.
Her Honour stated in her judgment that the legislative requirement ‘is intentionally to be read as ‘part [of the hotel]’ and that if the legislation was referring to only the gaming room ‘it would say that’’.
“ATMs must be located in a part of the venue completely separate to gaming rooms or any other part of a venue where gaming machines are located, even if the internal design or fit-out of the room acts to screen the ATM,” Lin said. “This is important because having such ready access to cash withdrawals can make it easier for gamblers to lose track of what they are spending while locating ATMs further away from gaming machines can encourage them to have a break in play.
“These requirements are clearly outlined in the Gaming Machines Regulation 2019 and have been further communicated to licensees in an effort to prevent and minimise gambling harm.
“Liquor & Gaming NSW has a zero-tolerance approach for venue operators who do not comply with fundamental gaming harm minimisation measures.”
Liquor & Gaming NSW is focusing on the placement of ATMs and gambling harm minimisation measures involving withdrawals from credit cards as part of a targeted compliance campaign over the summer months.
Inspectors have conducted 437 inspections at high-risk hotels and clubs across more than 30 LGAs since December 1, 2023, and will continue to closely monitor these gaming venues.
As well as the placement of ATMs in gaming rooms, inspectors are targeting:
- the availability of credit from ATMs on the premises of a venue
- the visibility of internal gaming-related signage (eg ‘VIP lounge’ ) from outside the venue
- hotel layouts that compel patrons to pass through a gaming room to access another area (or service) of the venue
- ensuring that self-exclusion signage is present in gaming rooms
- minors in gaming rooms or using gaming machines or electronic betting terminals
- compliance with Gaming Plans of Management
Lin said venues that fail to comply with harm minimisation requirements can expect an enforcement response in the form of large fines, potential disciplinary action or the issue of statutory directions to require that changes be made at a venue.
“Most venues in New South Wales are complying with these measures but there are still too many that don’t take the necessary steps to protect their patrons from gambling harm,” Lin said. “Any operators who attempt to circumvent the legislation will be met with a strong enforcement response.”
The NSW Government’s Vibrancy Reforms will be top of the agenda when the Hospitality and Racing Regulatory Roadshow program visits Tamworth on Tuesday 21 May.
Senior executives from Hospitality and Racing will meet with businesses, industry groups and community and Aboriginal representatives to discuss the Government’s liquor and gaming reforms and regulatory priorities.
The event will also include a presentation by the Office of the 24-Hour Economy Commissioner on the Government’s Vibrancy Reforms to cut red tape in areas such as noise regulation and boost live music and other entertainment options.
Hospitality and Racing Deputy Secretary Tarek Barakat said the roadshow would provide a great opportunity to engage in genuine dialogue with local industry leaders.
“We’re looking forward to catching up with Tamworth’s liquor, gaming and racing stakeholders to discuss how we can work together to support safe and vibrant hospitality experiences,” Mr Barakat said.
“Tamworth is famous for its annual country music festival, but it also has a thriving live music scene throughout the year.
“This has been expanded even further, as seven Tamworth venues have now taken up the NSW Government’s Vibrancy Reform initiative, providing two hours extended trading in return for hosting live music.”
Mr Barakat said the roadshow was also a valuable opportunity for Hospitality and Racing leaders to gain feedback and suggestions on how they could better support the unique needs of north-west NSW communities.
“Those living and working in their communities are best placed to advise us on what is needed and how we can all work better together to achieve outcomes,” he said.
“This is especially true for the local Aboriginal community, and I look forward to hearing from them in regard to the liquor and gaming reforms, as well as listening to any suggestions for future changes and initiatives.”
The post Hospitality and Racing leaders visit Tamworth to listen and learn appeared first on European Gaming Industry News.
The Governor-General, His Excellency General the Honourable David Hurley AC DSC (Rtd), has accepted the Albanese Government’s recommendation that Ms Nerida O’Loughlin PSM be reappointed as Chair of the Australian Communications and Media Authority (ACMA).
Ms O’Loughlin has been reappointed for a three-year term, commencing on 14 October 2024, having first been appointed in 2017 and reappointed in 2022.
The Chair has extensive executive and regulatory experience, and is well respected across the sector. Her reappointment provides continuity as the ACMA works to deliver important outcomes for consumers and industry in the communications and media sectors, and implement reforms being undertaken by Government.
In her current term, Ms O’Loughlin has led the ACMA’s work to strengthen telecommunications consumer safeguards, particularly for vulnerable Australians, overseen the establishment of BetStop – the National Self-Exclusion Register and Australia’s first SMS ID Registry – and taken strong enforcement of anti-scam and illegal gambling rules.
Ms O’Loughlin has also led important work on media diversity, misinformation and disinformation on digital platforms, and supported improved digital connectivity through the allocation of valuable radiocommunications spectrum.
Quotes attributable to Minister for Communications, the Hon Michelle Rowland MP:
“I congratulate Ms Nerida O’Loughlin PSM on her reappointment as Chair of the Australian Communications and Media Authority.
“Since her appointment in 2017, Ms O’Loughlin has led the ACMA to deliver important reforms and regulatory activities in the communications and media industries.
“This includes better supporting consumers facing financial hardship pressures in paying their telecommunications bills, mitigating consumer harms in gambling advertising, enforcing anti-scam rules and taking enforcement action against corporations for non-compliance with Australia’s spam unsubscribe rules.
“The Chair’s continuity will provide the Authority ongoing certainty as the Albanese Government continues its important media and digital platforms reform agenda.
“I look forward to continue working with Ms O’Loughlin as the ACMA Chair.”
The post Nerida O’Loughlin Reappointed as ACMA Chair appeared first on European Gaming Industry News.
The NSW Independent Casino Commission has found Crown Sydney suitable to retain its casino licence after nearly three years of intensive remediation.
Chief Commissioner, Philip Crawford, said Crown has come a long way and must now demonstrate its long-term commitment to maintaining suitability.
“The NICC is confident the Crown we deemed suitable today has a strong model to keep operating into the future,” Mr Crawford said.
The NICC’s suitability assessment established that Crown Sydney has fundamentally reformed its business and is operating the casino within the objects of the Act, the requirements of the suitability deed, and in compliance with its regulatory obligations.
In addition to proving it can run the casino lawfully, Crown has remediated its business in other meaningful ways such as building a culture of transparency and accountability across its integrated resort.
“Hard work and transformation aside, the NICC has not forgotten the level of misconduct exposed in 2021 when Crown was found unsuitable,” said Mr Crawford.
“Crown Sydney has ongoing work to reach steady state and it must continue to lift standards and maintain its cultural transformation.
“There is and will always be room for improvement, but Crown is a changed business that is looking toward the future.
“Likewise, the NICC is a changed regulator with enhanced powers, a singular focus on casinos, and a mandate to address the risks of harm.
“This decision is a positive outcome for Crown Sydney, its staff, and the community – who can be sure the NICC will use all of its powers to keep the casino in check.”
In addition to the implementation of hundreds of new internal controls, the Bergin-based reforms have been reflected in a new licence and new regulatory agreement between Crown Sydney, the NSW Government and the NICC.
These agreements include updated settings, such as the removal of fetters to the NICC’s powers, as well as previous compensation trigger clauses that are no longer part of the casino legislation.
Mr Crawford said: “Crown cannot disregard the responsibility and privilege that comes with holding a casino licence. Crown Sydney’s ability to provide a destination hospitality and entertainment venue underpinned by the restricted gaming facility is contingent on its steadfast commitment to continuing suitability, accountability and compliance.”
The post Crown Reinstated at Sydney Casino appeared first on European Gaming Industry News.
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