Gaming guideline G05: Applications by a club for additional licensed premises

Issued June 2014

This guideline is issued by the Commissioner for Liquor and Gaming and replaces the previous guideline issued on 25 February 2013. It should be read in conjunction with other guidelines issued by the Commissioner relating to gaming applications generally.

Applicants should note that this guideline is not exhaustive and the Commissioner has the legislative ability to require further information, if the particular circumstances of the case demand, to enable the Commissioner to make an informed decision.

Purpose

This guideline deals with matters specific to applications for additional premises by clubs, particularly in relation to those matters identified in sections 63(2)(b)(ii) and 63(3) of the Gaming Machine Act 1991. In regard to other requirements in Part 3, Division 4 (Application for additional licensed premises) of the Act, reference should be made to other relevant Commissioner guidelines.

Approval of additional licensed premises - section 63(3) of the Gaming Machine Act 1991

Section 63(3) of the Act states that the Commissioner may approve the additional premises only if the Commissioner is satisfied:

1. it is in the best interests of the applicant's members that the approval be given

and
2. the giving of the approval is not contrary to the public interest.

Best interests of club members

Matters relevant (but not exhaustive) to the Commissioner being satisfied that it is in the best interests of the applicant's members that approval be given for additional premises include the applicant:

• providing its members with an additional facility (in the form of the additional premises) to enjoy as part of their club membership;
  and/or
• utilising the additional premises for the development and promotion of the same sport or social activity as that which the applicant's members are involved in;
  and/or
• rendering assistance to the additional premises in the form of financial aid or other support as a matter of community service consistent with the constitutional objectives of the applicant.

On the other hand, it is unlikely that the Commissioner will consider the following to be in the best interest of the applicant's members:

• the development of 'new' clubs that have no direct sporting or social activity;
• the conversion of other existing licensed premises (e.g. hotels, restaurants) into clubs without any major change in patronage or activity.

Public interest

Considerations relevant to the public interest may include an assessment of the costs and benefits of the proposal from a broader society/community perspective. These benefits and costs are generally economic and social in nature and may include, for example, social objectives.

In respect of applications for additional premises, the 'public interest' may also include having regard to the creation and maintenance of public confidence and trust in the continued administration and operation of the additional premises towards the achievement of its intended objectives.

Other relevant matters - section 63(2)(b)(ii) of the Gaming Machine Act 1991

Under section 63(2)(b)(ii) of the Act, other matters the Commissioner may consider relevant in making a decision on an additional premises application include:

• the history of the additional premises and the primary premises including the purpose/objective and size and type of club
• the patronage of both premises including membership numbers, demographics, proportion living near the premises, and frequency of visitation
• the existence of any management agreement/plan between the 2 premises
• the circumstances surrounding the decision to amalgamate/acquire the additional premises
• the direct and indirect benefits currently provided by both premises to their immediate local communities
• the economic impact of the proposal to acquire additional premises including significance of the additional premises to tourism and employment creation
• the social impact of the proposal to acquire additional premises including the significance and importance of the additional premises to the general community
• how any revenue earned will be distributed
• the benefit expected to be derived by current members of the additional premises if the application is granted
• whether the granting of the application will be in the interests of the members of the club proposed to be acquired.

For further information, contact the Office of Liquor and Gaming Regulation on 13 QGOV (13 74 68).

Also consider...

• Read the Gaming Machine Act 1991.