Commission approves additional 12 pokies at Hotel 520 on Sayers
On 9 and 10 November 2023, the Victorian Gambling and Casino Control Commission heard an application from Sayers Property Holdings Pty Ltd to increase the number of pokies at Hotel 520 on Sayers in Tarneit from 65 to 77.
On 4 December 2023, the Commission approved the application with conditions.
The Commission found the social and economic impact to the wellbeing of the City of Wyndham 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. Sayers Property Holdings Pty Ltd (Venue Operator) will make cash contributions in the sum of $125,000 per annum (indexed annually to CPI) (the contribution) for as long as any of the additional 12 gaming machines are operational at the premises.
1.2. The contribution will be allocated each year to not-for-profit community groups and sporting organisations providing services and facilities to residents within the City of Wyndham with a focus on the growth areas of Wyndham including Tarneit and Truganina.
1.3. If the contribution is not allocated in full each year in accordance with this condition, the venue operator must notify the Victorian Gambling & Casino Control Commission (VGCCC) as soon as reasonably practicable of that fact, and the operation of the additional EGMs must cease immediately until the Commission is satisfied that the contribution for that year is no longer outstanding.
1.4. The venue operator must keep detailed financial records of its payment of the contribution and will provide financial accounts evidencing payment of the contribution to the Commission on request.
1.5. In addition to the contribution, the venue operator must make in-kind contributions to sporting and community organisations at a minimum value of $25,000 per annum (indexed annually to CPI). For the avoidance of doubt, the following are examples of matters that are not in-kind contributions contemplated by this condition:
(1) function or board room hire;
(2) payment of staff wages, apprentice wages or staff training costs; and
(3) discounted meals or beverages.
1.6. If there is any shortfall in annual in-kind contributions for a given year:
(1) the venue operator must notify the Commission of that shortfall as soon as reasonably practicable, and the reasons for the shortfall; and
(2) the amount of the shortfall must be carried over into the following year and a cash equivalent of the shortfall will form part of the contribution payable for that reporting period (in addition to the cash contribution already payable under condition 1.1).
1.7. The venue operator must submit an annual attestation to the Commission confirming that the contribution and the in-kind contributions have been allocated in full for that year. The attestation must be signed off by a senior representative of the venue operator (either at Board level or Director level) as being true and correct.
2. Works
2.1. The additional EGMs cannot be installed until the Commission has been provided with the following:
(1) planning permission for the works (defined below) and the additional EGMs (if such planning permission is required by the relevant authority);
(2) written confirmation from a lender that funding has been obtained for the works; and
(3) written confirmation that a building contract has been entered into between the venue operator and a construction company in relation to the commencement and completion of the works with dates specified within the contract for that commencement and completion (and must provide copies of same if requested).
2.2. The works at the premises (as defined in condition 2.3) must be substantially completed to the satisfaction of the Commission by the date that is 24 months after the commencement of the operation of any of the additional EGMs at the premises.
2.3. 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 2.2, then the venue operator must notify the Commission within seven days.
2.4. The works must be generally in accordance with the floor plans of the premises prepared by Studio Equator (the works), as presented to the Commission at the hearing but modified to show:
(1) the southern entry to the gaming room as an emergency exit only;
(2) the entry to the venue from the car park as an emergency exit only; and
(3) installation of screens behind the sliding door entrance to the gaming room.
2.5. If the works referred to in condition 2.3 are not substantially completed by the date contemplated in condition 2.2 then the approval to operate the additional EGMs at the premises will lapse until such point in time the Commission grants approval for their continued operation.
2.6. 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:
(1) demonstrate compliance by the venue operator with condition 2.2; and
(2) include an explanation as to why the works have not been substantially completed.
2.7. The Commission may decide not to grant an extension for time under condition 2.6 if the applicant cannot demonstrate compliance with conditions 2.2 and 2.6.
3. Harm minimisation
3.1. Before the installation of the additional EGMs at the premises the venue operator must submit to and have approved by the Commission a harm minimisation policy and procedures manual (the policy).
3.2. The purpose of the policy is to enshrine timely, pro-active, effective and demonstrable harm minimisation practices in connection with the use of EGMs at the Premises.
3.3. The policy must include:
(1) 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).
(2) An obligation on the venue operator to communicate to adults with minors accompanying them on the premises that minors must:
(a) be monitored; and
(b) must not approach or enter the gaming room.
(3) confirmation of the venue’s current existing practices of:
(a) prohibiting the service of food and beverage to patrons whilst seated at an EGM;
(b) confirmation of minimum staffing levels as follows:
(i) prior to 12.00pm: a minimum of two staff on duty in the gaming room at all times the gaming room is operational; and
(ii) after 12.00pm until close: a minimum of three staff on duty in the gaming room at all times the gaming room is operational;
(c) after 10.00pm until the close of the hotel on Thursday, Friday and Saturday nights, two security guards will be rostered on for duty
(d) prohibiting staff from using EGMs at the venue at any time; and
(e) prohibiting patrons from reserving EGMs to use another EGM.
3.4. The policy, including the matters specified herein, may be amended only with the approval of the Commission.
3.5. Once approved by the Commission, the policy:
(1) is to be implemented at the Premises to the satisfaction of the Commission; and
(2) is to be provided to the premises’ venue support worker; and
(3) is to be displayed in the gaming room in a manner that invites public attention at all times the gaming room is open to the public.
3.6. The venue operator must confirm in writing each year that the gaming room is being operated in accordance with the policy.
3.7. The venue operator must keep a register of breaches of the policy and that register must be made available to the Commission for inspection upon request.
3.8. If the Commission determines that the venue operator has not implemented or complied with the policy, the Commission may direct the venue operator to cease operating any of the additional EGMs at the premises until:
(1) such failure to implement or comply with the policy is rectified to the satisfaction of the Commission; and
(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 policy from occurring again.
3.9. All entrances and external windows to the gaming room must have frosted glass or other treatment to obscure vision into the gaming room.
4. Other Conditions
4.1. The venue operator must ensure that food and drink is made available to patrons from the café/main bar at all times the gaming room is in operation.
4.2. The exit/entrance to the hotel from the car park must be clearly marked as an emergency entry/exit only. In relation to that door:
(1) A sign must be erected at the car park entrance to the hotel stating: There is no entry to the hotel from this entrance. Please use the main entrance.
(2) A sign must be erected at the car park exit from the gaming room stating: This is an emergency exit only.
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 (1) 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:
(1) the venue operator’s obligations under Australia’s AML/CTF legislation;
(2) the consequences of not complying with AML/CTF legislation;
(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) 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 (2) years.
4.6. If the Commission determines that the venue operator has not complied with this condition 4 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 theCommission decision on the VGCCC website.
Read more about pokies in City of Wyndham.