GAMING MACHINES ACT 1992 - SECT 15
GAMING MACHINES ACT 1992 - SECT 15
(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.