Gambling Policy Review 2016 Statement of Proposal
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Gambling Policy Review 2016 Statement of Proposal Introduction What is the Gambling Policy? The Gambling Policy (Class 4 Venue and Board Venue) focuses on non-casino gaming machines (pokies) and Board Venues (stand-alone TABs). It specifies whether or not gaming machine venues may be established in the District and, if so, where they may be located. It also specifies any restrictions on the maximum number of gaming machines that may be operated at that venue. The Gambling Policy also determines whether or not new TABs may be established in the District and, if so, where they may be located. The Gambling Policy must be reviewed every three years, taking into account the social impacts of gambling in the District. Whakatāne District Council has carried out a draft Social Impact Assessment which has helped to inform the Policy revision. The assessment concludes that the Whakatāne District has a medium risk of harm from gambling activities and that the level of risk has not changed significantly since the last review. How can I have my say on the Policy? The Council has not yet made a final decision about the Policy and welcomes your feedback. Included in this document for your review are the draft Gambling Policy, draft Social Impact Assessment, and Policy Options. There is also a factsheet and video available on our website. Two information sessions will be held to provide further information about the Policy. Whakatāne: Tuesday 5 April, 12pm – 1pm. Little Orchard Activity Room, Te Kōputu – Library and Exhibition Centre, Kakahoroa Drive Murupara: Wednesday 6 April, 12pm – 1:30pm. Murupara Service Centre, Pine Drive Public submissions open on 21 March and will close on 22 April 2016. Formal submissions can be made: online at www.whakatane.govt.nz/gamblingpolicy-review in hard copy by filling in the attached submission form or collecting one from a Council office Informal submissions can be made: by commenting on the Gambling Policy post on our Facebook page at www.facebook.com/WhakataneDistrictCouncil If you would like to present your submission to the Council, you will need to let us know, and provide your name and contact details so you can be allocated a time to speak. Hearings of submissions are scheduled for 4 May 2016, and the Council will then deliberate on any changes required and adopt the final Gambling Policy. Contents Draft Gambling Policy (including permitted area maps) ……………………………………………………… Page 3 Draft Social Impact Assessment ………………………………………………………………………………………….. Page 16 Policy Options……………………………………………………………………………………………………………………… Page 38 Submission Form…………………………………………………………………………………………………………………. Page 45 Draft Gambling Policy (Class 4 Venue and Board Venue) 1.0 INTRODUCTION The Gambling Act 2003 came in to force on 18 September 2003. Under the Act, the Whakatāne District Council is required to adopt a Class 4 Venue Policy for the Whakatāne District. Section 101 of the Gambling Act 2003 stipulates that the Council’s Class 4 Venue Policy: a) Must specify whether or not Class 4 Venues may be established in the territorial authority district and, if so, where they may be located; and b) May specify any restrictions on the maximum number of gaming machines that may be operated at a Class 4 Venue. Under the Gambling (Gambling Harm Reduction) Amendment Act 2013, the Council is required to consider whether to include a relocation clause when reviewing the Class 4 Venue policy. The Gambling Act 2003 also amended the Racing Act 2003 so that territorial authority consent is required to establish a new TAB (called a “Board Venue1” in the Act). Under that amendment, the Council is required to adopt a Board Venue Policy for the District. Section 65D of the Racing Act 2003 stipulates that the Council must adopt aCouncil’s Board Venue2 Policy. That policy must specify whether or not new Board Venues may be established in the territorial authority district and, if so, where they may be located. Both policies must be reviewed in accordance with the special consultative procedure prescribed in the Local Government Act 2002 every three years. Reviews must have regard to the social impact of gambling within the District. A revised social impact assessment was undertaken in 2015. The Whakatāne District Council covers both Class 4 Venues and Board Venues in this combined policy. In reviewing both policies the Council must have regard to the social impact of gambling within the District. A separate revised social impact assessment of gambling in the Eastern Bay of Plenty Whakatāne District has been completed, including information specific to the Whakatane District. 2.0 CLASS 4 VENUE POLICY Any person wishing to establish a new Class 4 Venue or operate additional gaming machines at a Class 4 Venue is required to obtain the consent of the Council before applying for a licence from the Department of Internal Affairs. In developing this policy the Council’s focus (while having regard to the social impact of gambling within the District) is limited to: a) The location of Class 4 Venues; and b) The number of gaming machines permitted at Class 4 Venues. 1 “Board venue” is defined in section 5 of the Racing Act 2003 as: “Premises that are owned or leased by the Board and where the main business carried on at the premises is providing racing betting or sports betting services under this Act.” Page 4 Other issues relating to these particular venues, including supervision of the premises, the character of the operators, distribution of proceeds from the gaming machines and procedures to minimise harm from gambling, are covered by the Department of Internal Affairs licensing system. 3.0 BOARD VENUE POLICY If the New Zealand Racing Board wishes to establish a new Board Venue within the Council’s District then it must obtain the consent of the Council. An application by the Board must be considered by the Council, in accordance with the Board Venue Policy. 4.0 POLICY OBJECTIVES a) To control the growth of gambling; and b) To prevent and minimise the harm caused by gambling, including problem gambling; and c) To reduce the exposure of under 18’s to gambling; and d) To reduce the total number of gaming machines in the district; and e) To facilitate community involvement in decisions about the provision of gambling. 5.0 GENERAL CONDITIONS A club or society requires the consent of the Council in respect of a Class 4 Venue: a) To increase the number of gaming machines that may be operated at a Class 4 Venue; and b) To start operating gaming machines at a Class 4 Venue that was not on any society’s licence within the previous six months; and c) To start operating gaming machines at a venue at which a Class 4 license was not held as of 17 October 2001; and d) To apply for ministerial discretion in order to increase the number of gaming machines operated at a club; and b) To start operating gaming machines at a venue for which a licence was not held on 19 September 2003; and c)e) To change the venue to which a Class 4 Licence applies, in accordance with the relocation policy set out by the Council. d)f) To continue to operate gaming machines at a venue for which a licence was not held on 17 October 2001, but which was added to a society’s licence on a date after 17 October 2001 and before 19 September 2003. The New Zealand Racing Board requires the consent of the Council if it proposes to establish a Board Venue. An applicant for the Council’s consent under this policy must: a) Meet any requirements specified in this policy; and b) Meet the fee requirements specified in the Council’s fees and charges schedule; and Page 5 c) Comply with regulations set out in the Gambling Act 2003. 6.0 CONSENT FOR AMENDMENT TO AN EXISTING CLASS 4 VENUE LICENCE The Gambling Act 2003 provides that no society may operate gaming machines at a Class 4 Venue additional to those that were legally operated at that venue on 22 September 2003, unless the Council approves an amendment to that existing Class 4 Venue licence to allow an increase in the number of gaming machines. The Council may grant consent to an amendment to an existing Class 4 Venue licence to allow an increase in the number of gaming machines that may be operated at a venue when: a) The number of gaming machines proposed for the venue at the time of application will not result in the total number of gaming machines in the Council’s District exceeding 141 national average ratio 6of gaming machines per 1,000 residents over 18 years of age (as determined by latest publicly available census data)3; and b) The Class 4 Venue venue is not in close proximity towithin 50 metres of a parcel of land with a sensitive land uses (see Clause 1110). 7.0 APPLICATIONS FOR NEW CLASS 4 VENUE AND BOARD VENUES The Council may grant consent to a new Class 4 Venue or Board Venue when: a) The number of gaming machines proposed for the venue will not result in the total number of gaming machines in the District exceeding 141 the ratio 6 gaming machines per 1,000 residents over 18 years of age as determined by latest publicly available census data; and b) The proposed Class 4 or Board Vvenue is located within a the Business 1 Centre Zone in the Whakatane Town Centre, College and Bridge Streets (Edgecumbe), Murupara or Kopeopeo as defined in the Proposed District Plan Proposed Whakatane District Plan; and c) The Class 4 VenueClass 4 Venue or Board Venue venue will have a maximum of four gaming machines in the first twelve (12) month term of the licence; and d) The proposed location of the Class 4 Venue or Board Venue venue is not in close proximity towithin 50 metres of a parcel of land with a sensitive usesensitive land uses (see Clause 10 11); and e) The regulations stipulated in the Gambling Act 2003 and the regulations contained in The Gambling Regulation 2004 and 2006 are adhered to.