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Gambling Venues Policy (March 2007)
1. Introduction
The Gambling Act 2003 (the Act) came into effect on 18 September 2003 and
requires territorial local authorities to have in place a policy which;
• specifies whether or not class 4 venues (hereafter referred to as gaming
machine venues may be established in its district and, if so, where they may
be located
• may specify any restrictions on the maximum number of gaming machines
that may be operated at any class 4 venue. (The Gambling Act establishes a
limit of 9 machines on gaming machines venues)
• specifies whether or not TAB stand-alone venues may be established in the
district.
1
In adopting the policy, the Council must have regard to the social impacts of
gambling in its district.
The Wellington City Council adopted a policy in March 2004 – it has now been
reviewed as required by the Gambling Act 2003.
2. Objectives of the policy
The objectives of the Gambling Act are, amongst other things, to control the growth
of gambling and prevent and minimise the harm caused by gambling, including
problem gambling. Beyond the objectives stated in the Act, the objectives of
Wellington City Council’s Gambling Venues Policy are to:
• Manage the growth of gaming machines in areas of concern
• Ensure that, within the limits prescribed by the Gambling Act, people who
wish to participate in gaming machine and TAB venue gambling can do so
within the Wellington District
• Ensure that gaming machines are located within venues where there is a
degree of supervision and control of those using the machines, to assist in
reducing the risk of problem gambling, and gambling by those under 18 years
of age.
1 The Racing Act 2003 specifies that a Board venue means the premises that are owned or leased by the New Zealand
Racing Board and where the main business carried on at the premises is providing racing betting or sports betting
services. Historically, these venues were referred to as Totalisator Agency Board (TAB) venues.
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3. General Conditions
A society requires Council’s consent in respect of a class 4 venue:
• to increase the number of gaming machines that may be operated at such a
venue
• to operate gaming machines at such a venue that was not on any society’s
licence within the previous 6 months
• to operate gaming machines at such a venue for which a licence was not held
on 17 October 2001.
The New Zealand Racing Board requires the consent of the Council if it proposes to
establish a Board/TAB venue. In respect of TAB venues, the Gambling Venues Policy
will only apply to applications for the establishment of stand-alone Board venues.
Board venues are premises that are owned or leased by the New Zealand Racing
Board, where the main business is providing racing and/or sports betting services. It
does not cover the installation of TAB terminals in premises not owned or leased by
the TAB (e.g. hotels, bars and clubs).
An applicant for Council consent under this policy must:
• meet the application conditions specified in this policy
• meet the fee requirements specified in this policy.
4. Where class 4 (Gaming Machine) venues may be
established
Class 4 gaming venues may be established anywhere in the Wellington district,
subject to the following restrictions. Failure to comply with any of the relevant
restrictions will result in consent being refused.
4.1 For the purposes of this policy the Wellington District is divided into 7 zones. The
total number of gaming machines in any zone may not exceed the machine levels
detailed in the table below.
Gaming Venue Zones
Maximum number of Machines
Southern
116
Northern
146
Eastern
125
Onslow
62
Western
73
Lambton (excluding the Central
Area Zone)
55
Central Area Zone
No limits
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• Central Area Zone – is the central area as defined by the District Plan
excluding land zoned residential
• Lambton Zone – is that area comprising the Lambton electoral ward as at
September 2003 except for the central area.
• Southern Zone – is that area made up of the Southern electoral ward as at
September 2003
• Northern Zone - is that area made up of the Northern electoral ward as at
September 2003
• Eastern Zone - is that area made up of the Eastern electoral ward as at
September 2003
• Western Zone - is that area made up of the Western electoral ward as at
September 2003
• Onslow Zone - is that area made up of the Onslow electoral ward as at
September 2003
4.2 All gaming machine venues must have a current on-licence with a designation, a
club liquor licence, or a permanent club charter, under the Sale of Liquor Act
1989.
2
4.3 Applicants whose licences were held on 17 October 2001 may have a maximum of
either 9 machines, or the number of machines lawfully operated on 23 September
2003, whichever is the higher number
4.4 Applications seeking Ministerial discretion to increase the number of gaming
machines at a club venue above 9 will not receive local authority consent
4.5 Applications seeking Ministerial discretion to increase the number of gaming
machines at a club venue, as the result of clubs merging, will receive consent,
subject to the limits prescribed by the Gambling Act
4.6
Meeting application and fee requirements
4.7 Obtaining any necessary resource consents under the
Wellington City District Plan or Resource Management Act.
5.
Where TAB venues may be established
TAB venues may be established anywhere in the Wellington District, subject to the
provisions of the Wellington City District Plan and meeting application and fee
requirements.
2 Applications where the operator is trading on a temporary authority under the Sale of Liquor Act 1989 will not be
determined until an on licence has been granted for the operator.
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6. Applications and fees for consents
All applications for consents must be made on the approved form. All applications
will incur a fee, to be known as the Gaming/Gambling Venue Consent Fee, which is
prescribed by the Council pursuant to section 150 of the Local Government Act 2002.
Fees will be charged for consideration of applications, at the rate of $90 per hour
(GST inclusive). A deposit can be required, with the actual fees incurred coming
firstly off the amount of the deposit.
7. Decision making
The Council has 30 working days in which to determine a consent application.
That decision will be made at officer level pursuant to delegated authority and be
based on the criteria detailed in this Policy.
In the case of an application relating to a class 4 venue the assessment of the number
of gaming machines in the Wellington district will be based on Department of
Internal Affairs’ official records.
8. Appeals
Applicants have the right to request a review of the decision by Council officers, if it is
believed that an error of fact or process has been made.
9. Monitoring and review
The Council will complete a review of the policy within 3 years of its adoption, in
accordance with the special consultative procedure outlined in the Local Government
Act 2002. Subsequent reviews will take place on a three-yearly cycle, as required by
the Gambling Act 2003.
10. Commencement of Policy
The policy will take effect from the time the Council resolves to adopt it. The March
2004 policy is revoked on the adoption of this policy. All applications for territorial
local authority (Council) consent will be considered under the policy in place at the
time the application is received.
11. Explanation of terms
Class 4 Venue - The Act categorises gambling activities according to their intensity
and potential for harm. Class 4 gambling (non-casino gaming machines) is the
highest-risk form outside of a casino. Racing and sports betting, which are covered
by the Racing Act 2003, do not fall within this classification system
Gaming Machine – Refers to Class 4 non casino gaming machines
TAB/Board Venue - The Racing Act 2003 specifies that a Board venue means the
premises that are owned or leased by the New Zealand Racing Board and where the
main business carried on at the premises is providing racing betting or sports betting
services.