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New Plymouth District Class 4 Gambling Policy

Reference: P10-008
Status: Approved by the Council on 20 July 2010

Policy Purpose

To support the purpose and intent of the Gambling Act 2003 with regard to the regulation and management of class 4 venue gambling premises.

Policy Objectives

To enable people who do wish to participate in class 4 and TAB gaming do so in accordance with the Gambling Act 2003.
To control the growth in gaming machines and gaming venues within the district.
To minimise the harm caused by problem gambling.
To prevent access to gaming machines by persons aged under 18 years.
To ensure that those who choose to use gaming machines may do so in a safe and well managed environment.
To ensure venues have policies and practices in place to identify and address problem gamblers.
To ensure as far as practicable that the actual and reasonable costs relating to a gaming consent are borne by the applicant(s).

Policy Scope

The policy covers class 4 gambling venues that are licensed to not for profit corporate societies which can be clubs, trusts or New Zealand Racing Board Venues (TAB’s).

Class 4 gambling venues or board venues (TAB outlets) may be established within the District, and board venues (TAB outlets) may be combined with class 4 gambling venues.

With the exception of board venues, a venue providing class 4 gambling (gaming machines) shall be subject to the following requirements:

The venue shall hold either an On Licence or a Club Licence, under the Sale of Liquor Act 1989, prior to making application for consent from the New Plymouth District Council.
The primary activity of any class 4 gambling venue shall be: a) for sporting activities, or b) for club activities, or c) for the sale of liquor, or for the sale of liquor and food, for consumption on the premises. Gambling shall not be the primary activity of any venue.
Where the venue holds an On Licence the gaming machines must be located within that part of the venue designated as a supervised area or a restricted area under the Sale of Liquor Act 1989.
Where the venue provides family dining the area to be used for family dining and the area to be used for the operation of gaming machines shall be physically separated or screening will be provided between the two areas so that the gaming machines cannot be seen or readily accessed by any person aged under 18 years.

Policy Statements

The policy covers the New Plymouth District Council and applies to:

All venues / societies with gaming machines able to be operates at any venue, and
All venues for which no class 4 venue licence has been held within the last six months.

The number of gaming machines permitted at any class 4 or board venue will be as follows:

Existing venues, with licences issued between 17 October 2001 and 18 September 2003, will be permitted to operate a maximum of nine gaming machines.
Existing venues, with licences issued before 17 October 2001, currently operating nine or more gaming machines shall not be permitted to increase the number of gaming machines operated at that venue.
Existing venues with licences issued after the commencement of the Gambling Act 2003 will be permitted to operate the number of gaming machines as per their current consent up to a maximum of nine gaming machines, or the number of gaming machines approved previously by the Minister under section 96.
Where two or more existing clubs legally and physically combine their premises the number of gaming machines they may operate must not in any case exceed 18 machines, or the number of gaming machines consented by the local authority and approved by the Minister under section 96.

The total number of machines in the district shall not exceed 382 except that where those venues which hold an entitlement to operate gaming machines under section 92 of Gambling Act 2003, and have authority to operate more machines than the number currently operated at the venue as notified to DIA on 22 September 2003 those machines may be installed and operated notwithstanding the 382 cap (Appendix B).

There is no cap on the number of venues permitted to operate within the district.

Exceptions to the policy are:

Clubs that rebuild or relocate may be allowed up to the maximum number of gaming machines approved at the time of closing of the former premises.

Consent Applications

Applications for consents from the New Plymouth District Council shall be on the approved form and include:

Name and contact details of the Applicant, Trust and Trustees.
Names of venue management staff.
Street address of proposed premises.
Proposed number of gaming machines.
For class 4 venues, details of current licences issued under the Sale of Liquor Act 1989.
For class 4 venues, information demonstrating that the primary activity for the venue will be the sale of liquor and food.
For class 4 venues that provide family dining, a floor plan for the venue showing how the area to be used for family dining and the area to be used for the operation of gaming machines will be separated or screened.
Fees.
Any other information that may reasonably be required to allow proper consideration of the application.
Documentation that shows the applicant can fulfil host responsibilities including:
- Having at least one member of staff trained in harm minimisation work as required under the Gambling Act and the Gambling (Harm Prevention and Minimisation) Regulation 2004.
- Gaming machine venues must display problem gambling material and offer support and supervision for those affected.
- Applicants should show existing proactive problem gambling policies and implementation plans, and the ability to monitor and manage these.

Application Fees

Application fees for consents may be set by the New Plymouth District Council from time to time, pursuant to Section 150 of the Local Government Act 2002, and shall include consideration of: