Commission approves additional five pokies at Clocks at Flinders Street Station
In October 2023, the Victorian Gambling and Casino Control Commission received an application from Doxa Community Club Inc to increase the number of pokies at Clocks at Flinders Street Station (City of Melbourne) from 100 to 105.
The Victorian Gambling and Casino Control Commission Act 2011 (VGCCC Act) states that the Commission may conduct meetings and inquiries in public or private. Relevantly, inquiries relating to proposals to amend a venue operator’s licence to increase the number of EGMs permitted in an approved venue by more than 10 per cent within a two year period must be determined in public unless special circumstances exist under section 28(3)3F 4 of the VGCCC Act.
As the number of additional EGMs requested in this application (and within the previous two years) is less than 10 per cent of the existing number of EGMs, (and there have been no other EGM increase applications in the last two years), there is no requirement for public hearing to determine the application.
In the light of the foregoing and having regard to the proposed Conditions that the Applicant and the Council agreed to in-principle (should the application be approved), the Commission determined to hear this matter in private on the papers.
The Commission advised that written submissions to the application must be lodged by 29 February 2024.
On 4 April 2024, the Commission approved the application with conditions.
The Commission found the social and economic impact to the wellbeing of the City of Melbourne community, if the application was approved, will not be detrimental. Hence the 'no net detriment' test was met.
The Commission's approval is subject to the following conditions:
1. Community Contributions
1.1 Doxa Community Club Incorporated (venue operator) will make additional cash contributions in the sum of $25,000 per annum (indexed annually to CPI) (the additional contribution) for as long as any of the additional five gaming machines (the additional EGMs) are operational at the premises.
1.2 The additional contribution will be allocated each year to the Salvation Army to support its work combatting homelessness in the City of Melbourne.
1.3 If the additional contribution is not allocated in full each year in accordance with this condition, the venue operator must notify the Victorian Gambling and Casino Control Commission (the Commission) of that fact as soon as reasonably practicable, and the operation of the additional EGMs must cease immediately until the Commission is satisfied that the additional contribution for that year is no longer outstanding.
1.4 The venue operator will continue to make existing cash contributions (existing contributions) in the sums of:
1.4.1 At least $750,000 per annum to the Doxa Youth Foundation.
1.4.2 At least $100,000 per annum to the Salvation Army.
1.5 If there is any legal barrier to the contributions in 1.2 and 1.4.2 being made to the Salvation Army then these contributions must instead be made to the Doxa Youth Foundation.
1.6 The venue operator may apply to the Commission to consider a pause on the existing contributions if the venue is not open due to an industry-wide shut down and the entire gaming industry is granted a reprieve from community contribution requirements.
1.7 The venue operator must keep detailed financial records of its payment of the Additional contribution and existing contributions and will provide financial accounts evidencing payment of the additional contribution and the existing contributions to the Commission on request.
1.8 The venue operator must submit an annual attestation to the Commission confirming that the additional contribution and existing contributions have been made in full for that year. The attestation must be signed off by a senior representative of the venue operator (either at Board or Director level) as being true and correct.
2. Works
2.1 The works must generally accord with the floor plan of the premises prepared by Studio Nine Architects (the works).
2.2 The works must be substantially completed to the satisfaction of the Commission by the date that is six months after the date of this decision.
2.3 The commencement of the operation of any of the additional EGMs at the premises must not occur until after the Commission has confirmed the works have been substantially completed.
2.4 If any officer or director of the venue operator forms the view that it is probable, or reasonably likely, that the works will not be substantially completed by the date contemplated in condition 2.3, then the venue operator must notify the Commission within seven days.
2.5 The Commission may, upon request of the venue operator, agree to extend the time for completion of the works. Any request for an extension of time must:
2.5.1 Be made no later than 30 days prior to the date for completion of Works at 2.1 above.
2.5.2 demonstrate compliance by the Venue Operator with condition 2.3; and
2.5.3 include an explanation as to why the Works have not been substantially completed.
3. Harm minimisation
Gambling harm risk assessment and controls
3.1 Before the installation of the additional EGMs at the premises the venue operator must:
3.1.1 undertake and document a gambling harm risk assessment for the premises’ EGM gambling activities, based on the Australian Standard AS/NZS ISO 31000 Risk Management (Risk Assessment), to be made available to the Commission;
3.1.2 develop a venue-specific gambling harm risk management plan which responds to the risk assessment, detailing controls for each risk, including actions that can manage the likelihood of an event occurring, and actions that can manage the consequences of an event (risk management plan), to be made available to the Commission; and
3.1.3 submit to and have approved by the Commission a harm minimisation policy and procedures manual (the HM Manual), which gives effect to the gambling harm risk controls and operational practices specified in the risk management plan.
3.2 The HM Manual must:
3.2.1 include steps that the venue operator will take to minimise harm arising from EGM use (over and above any existing requirements detailed in the premises’ Code of Conduct, the current VGCCC Gambling Venue Checklist and harm minimisation strategies set out in the Gambling Regulation Act 2003 and/or relevant Regulations);
3.2.2 include an obligation on the venue operator to communicate to adults with minors accompanying them on the premises that minors must:
3.2.2.1 be monitored; and
3.2.2.2 must not approach or enter the gaming room.
3.2.3 prohibit the service of food and beverage to patrons whilst using an EGM;
3.2.4 confirm the venue operator’s minimum EGM staffing levels as follows:
3.2.4.1 after 5.00 pm until 9:00 pm on Thursday, Friday and Saturday: a minimum of three staff on duty in the gaming room at all times the gaming room is operational;
3.2.4.2 a minimum of two staff on duty in the gaming room at all other times the gaming room is operational; and
3.2.4.3 from 9.00 am until close the following day on any day, one security guard will be rostered on for duty at the main entrance on Swanston Street; and
3.2.4.4 after 10.00 pm until close on any day, one RSG trained security guard will be rostered on for duty at the main entrance on Swanston Street.
3.2.5 prohibit staff from using EGMs at the venue at any time; and
3.2.6 prohibit patrons from reserving EGMs to use another EGM.
3.3 Submit the HM Manual for approval by the Commission. Following approval, the HM Manual may only be amended with the approval of the Commission.
3.4 Once approved by the Commission, the HM Manual is to be:
3.4.1 implemented at the premises to the satisfaction of the Commission; and
3.4.2 provided to the premises’ Venue Support Worker; and
3.4.3 made available to the venue’s customers, including by
3.4.3.1 publication on the venue’s website; and
3.4.3.2 display in the gaming room in a manner that invites public attention at all times the gaming room is open to the public.
3.5 The venue operator must confirm in writing to the Commission annually whether the gaming room is being operated in accordance with the HM Manual.
3.6 If the HM Manual is breached, the venue operator must keep a register of the breaches that must be made available to the Commission for inspection upon request. The venue operator must enter the nature of the breach together with steps to be taken to remedy each breach in the register.
3.7 If the Commission determines that the venue operator has not implemented or complied with the HM Manual, the Commission may direct the venue operator to cease operating any of the Additional EGMs at the premises until:
3.7.1 such failure to implement or comply with the HM Manual is rectified to the satisfaction of the Commission; and
3.7.2 the Commission is satisfied that the venue operator has adopted such practices, procedures, policies and systems as are necessary to prevent the breach of the HM Manual from occurring again.
3.8 The venue operator must implement and maintain venue management disciplines providing for the effective coordination and management of gambling related harms to support operation of the HM Manual, including specified meeting, record keeping and information sharing requirements;
3.8.1 convening regular, monthly harm minimisation coordination meetings of staff who participate in EGM monitoring;
3.8.2 ensuring that responsible gambling officers and staff rostered for duty in the gaming room meet with the venue’s nominated venue support worker at least once every six months;
3.8.3 ensuring that all staff involved in gaming room operations are trained in and able to access and keep required records, including RG Register records; and
3.8.4 ensuring that all staff involved in gaming room operations participate in arrangements to coordinate management of gambling harm risk, including between shifts.
Resourcing of harm minimisation and RGO functions
3.9 The venue operator must:
3.9.1 develop and manage an effective venue self-exclusion program (SEP);
3.9.2 implement and maintain measures to prevent and minimise gambling related harm;
3.9.3 maintain minimum resourcing requirements, including gaming related staffing and ‘primary duty’ requirements, staff training requirements; and
3.9.4 implement and maintain venue management disciplines addressing gambling related harms, including specified meeting, record keeping and information sharing requirements.
3.10 The venue operator must ensure there is a full time role of Responsible Gambling Officer (RGO). The RGO must have completed both ‘foundation’ (Victorian Government RSG Module 2) and ‘advanced’ (Victorian Government RSG Module 4) RG Training within the last two years.
3.11 The RGO role is to:
3.11.1 coordinate operation of the venue’s self-exclusion program;
3.11.2 coordinate implementation and maintenance of harm reduction measures and staff training; and
3.12 Not used.
3.13 Any staff member rostered in the gaming room must:
3.13.1 be trained in ‘YourPlay’, be able to assist a patron to enrol with ‘YourPlay’, and be able to set EGM time and spend pre-commitment settings; and
3.13.2 participate in venue management activities addressing gambling related harms, including monthly meetings, record keeping and information sharing practices.
4. Other Conditions
4.1 The venue operator must ensure that the EGMs closest to the entry are screened in accordance with the Screen Plan submitted to the Commission on 29 February 2024.
4.2 The venue operator must not display any EGM advertising visible from outside the new basement bar.
4.3 The venue operator will engage an external training organisation to provide Anti-Money Laundering (AML) and Counter Terrorism Finance (CTF) risk awareness training to one Director of the venue operator, the nominee, managers and all gaming room staff using a know your customer approach (AML/CTF Risk Awareness Training Program).
4.4 The AML/CTF Risk Awareness Training Program must be a written plan that shows how the venue operator, the nominee, managers and all gaming room staff are instructed about the following:
4.4.1 the venue operator’s obligations under Australia’s AML/CTF legislation;
4.4.2 the consequences of not complying with AML/CTF legislation;
4.4.3 the type of AML/CTF activity staff may see at a gaming premises and the consequences of the risk of this activity; and
4.4.4 how the venue operator will meet its obligations, including processes and procedures to identify, manage and mitigate this risk.
4.5 This training must be undertaken by the venue operator at the premises once every two years.
4.6 If the Commission determines that the venue operator has not complied with this condition four, the Commission may direct the venue operator to cease operating any of the additional EGMs at the premises until such time as compliance is rectified to the satisfaction of the Commission.
MORE INFORMATION
Read the Commission decision on the VGCCC website.
Read more about pokies in the City of Melbourne.