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GAMING MACHINES ACT 1992 - SECT 15

GAMING MACHINES ACT 1992 - SECT 15

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.