City of Manningham Problem Gambling (Electronic Gaming Machines) Study Part Three – Planning Policy Framework and Local Planning Policy
June 2014
This document has been prepared by Symplan, Planisphere and Essential Economics Pty Ltd
Disclaimer Symplan produces work of the highest professional and academic standards. Although Symplan has taken all the necessary steps to ensure that an accurate document has been prepared, we accept no responsibility or liability for damages or loss incurred as a result of reliance placed upon either the report or its contents. Readers should therefore rely on their own skill and judgement when applying any information or analysis presented in this report to particular issues or circumstances. © Symplan 2014
Symplan Planning for People Place Purpose City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
Contents
Abbreviations and acronyms ...... iii 1 Introduction ...... 1 2 Summary of findings ...... 1 2.1 Health and planning principles ...... 1 2.1.1 Health principles ...... 1 2.1.2 Strategic and statutory planning principles ...... 2 2.2 Legislative and strategic framework ...... 2 2.3 Gambling in Manningham ...... 3 2.4 Understanding problem gambling ...... 4 2.5 Determinants of harm ...... 5 2.6 Impacts of problem gambling ...... 7 3 Key considerations ...... 9 3.1 Issues ...... 9 3.1.1 Accessibility, convenience and availability ...... 9 3.1.2 Entertainment uses and activity centres ...... 9 3.1.3 Density of EGMs ...... 9 3.1.4 Advertising ...... 10 3.1.5 Gambling-sensitive uses ...... 10 3.2 Challenges in managing demand for EGMs ...... 11 3.2.1 Convenience and destination venues ...... 11 3.2.2 Location of Manningham’s venues in relation to adjoining municipalities ...... 11 3.2.3 Location of Manningham’s venues in relation to relative advantage and disadvantage . 12 3.2.4 Managing EGM density ...... 13 3.3 Opportunities to manage demand for EGMs...... 13 3.3.1 Statutory and strategic planning ...... 13 3.3.2 Council’s roles ...... 13 4 Manningham Planning Scheme ...... 14 4.1 Municipal Strategic Statement ...... 14 4.2 Local Policy ...... 15 4.3 Gaming provisions ...... 15 4.4 Zones ...... 16 5 Planning responses to problem gambling ...... 18 5.1 Introduction ...... 18 5.2 Municipal Strategic Statement ...... 18
Page | i Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
5.3 Local Planning Policy ...... 18 5.3.1 Location ...... 19 5.3.2 Accessibility ...... 19 5.3.3 Vulnerability ...... 20 5.3.4 Density of EGMs and clustering of venues ...... 21 5.3.5 Alternative activities ...... 21 5.3.6 Design and operation of venues ...... 22 5.3.7 Information requirements ...... 22 5.4 Clause 52.28 ...... 24 Appendix 1 – Policy Examples ...... 25
Page | ii Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
Abbreviations and acronyms
ABS Australian Bureau of Statistics ATM Automatic teller machine CALD Culturally and Linguistically Diverse Populations CBS Community Benefit Statement CSF Community Support Fund EFTPOS Electronic funds transfer point of sale EGM Electronic gaming machine Ff Year 2 and future years LGA Local Government Area LPPF Local Planning Policy Framework MSS Municipal Strategic Statement RSG Responsible Service of Gambling RSL Returned and Services League SEIFA Socio-economic Index for Areas SLA Statistical Local Area SPPF State Planning Policy Framework U3A University of the Third Age VCAT Victorian Civil and Administrative Tribunal VCGLR Victorian Commission for Gambling and Liquor Regulation YMCA Young Men’s Christian Association
Page | iii Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
1 Introduction Manningham City Council has commissioned research into the determinants of problem gambling in order to establish a strong and robust evidence base to support its role in preventing and minimising the social and economic impacts of problem gambling within the community. The findings of the research have identified a range of interventions, one of which focuses on the role that the strategic and statutory planning processes play in managing and controlling the growth and location of electronic gaming machines and venues in the municipality. The State Planning Policy Framework provides the context for the local provisions in the Manningham Planning Scheme. The City of Manningham Problem Gambling (Electronic Gaming Machines) Study Part Three – Planning Policy Framework includes a summary of the key research findings and key considerations which support the recommendation for a new Local Policy 22.18 – Gaming and some related changes to the Manningham Planning Scheme. These research findings are presented in the City of Manningham Problem Gambling (Electronic Gaming Machines) Study Part One – Social and Economic Impacts of Problem Gambling (Electronic Gaming Machines) on the Manningham Community.
2 Summary of findings
This section summarises the key findings of the research that are relevant to the strategic and statutory planning processes. 2.1 Health and planning principles 2.1.1 Health principles Although the proposed Local Policy will function primarily as a mechanism to guide the suitable and appropriate location of EGMs and venues, it will also function as a mechanism to guide the consideration of the social and economic impacts of the location of gaming machines. Problem gambling has emerged as a significant public health and wellbeing issue for Victorians and has become a key priority of many local governments. This highlights the need to include broad principles that underpin healthy public policy into the Local Planning Policy Framework of the Manningham Planning Scheme. Healthy public policy is founded on a harm minimisation approach that focuses on preventing problems before they arise. It also encompasses the social model of health that recognises that there are a range of social, economic and environmental conditions, in addition to biophysical factors, that determine individual and community health and wellbeing. In the context of a Local Planning Policy Framework, these principles support the need to: Identify suitable locations for EGMs and venues that protect those most vulnerable to the impacts of problem gambling by: o Locating venues and EGMs in suitable locations o Minimising opportunities for convenience gambling o Maximising distances between gaming venues and EGMs and gambling-sensitive uses and vulnerable communities, and Facilitate provision of supportive environments that minimise harms by: o Enhancing access to non-gaming opportunities
Page | 1 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
o Ensuring that there is ready access to alternative forms of leisure and entertainment o Minimising exposure to gambling for those most vulnerable e.g. children. 2.1.2 Strategic and statutory planning principles Gambling in general, and the use of EGMs in particular, is a legal and legitimate form of entertainment and leisure that is associated with a range of social and economic harms and benefits. As a result, the consideration of an application for a planning permit for a gaming venue or EGMs needs to take account of the competing stakeholder interests that acknowledge both the harms and the benefits associated with EGMs. The availability and inclusion of a strong and robust evidence base supports a rigorous, consistent and effective decision-making process. The following principles, which support effective strategic and statutory planning processes, have therefore informed the development of the Local Policy: Maximise opportunities for collaboration throughout the decision-making process by: o Establishing clear and transparent decision guidelines o Guiding applicants in the assessment of the probable social and economic impacts. Establish a transparent, collaborative and robust decision-making framework by: o Developing an appropriate policy position that reflects and balances stakeholder interests o Maximising collaboration and inclusion throughout the decision-making process (for example, through a pre-application checklist, clear decision guidelines, opportunities for collaboration with venue operators) o Requiring a social and economic impact assessment to be submitted with applications. 2.2 Legislative and strategic framework The Planning and Environment Act 1987, Local Government Act 1989 and Public Health and Wellbeing Act 2008 identify the role that local governments play in promoting, facilitating and supporting the health and wellbeing of their community. Council’s Municipal Public Health and Wellbeing Plan identifies a number of other roles Council plays, including leadership, advocacy and lobbying, research, planning, capacity building, information dissemination, funding, service delivery and regulation. Applications for the approval of premises as suitable for gaming are made to the Victorian Commission for Gambling and Liquor Regulation. Section 3.3.7 (1) (c) of the Gambling Regulation Act 2003 states that the Commission must not grant an application for approval of premises as suitable for gaming unless satisfied that the net economic and social impact of approval will not be detrimental to the wellbeing of the community of the municipal district in which the premises are located. All planning schemes in Victoria contain a standard Gaming provision (Clause 52.28), which was introduced in 2006. The Clause requires a planning permit for the installation and use of gaming machines in a new venue or to increase the number of machines in an existing venue. Schedules to the Clause allow for local variations to the standard provisions, enabling planning authorities to prohibit gaming machines in strip shopping centres or complexes. A default schedule prohibits gaming machines in all strip shopping centres where a detailed schedule has not been included in the scheme.
Page | 2 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
In Manningham EGMs are prohibited in all ‘strip shopping centres’ and the following shopping complexes (Clause 52.28-3): Jackson Court Shopping Centre, Doncaster East Tunstall Square Shopping Centre, Doncaster East Westfield Doncaster Shopping Centre, Doncaster The Pines Shopping Centre, Doncaster East Bulleen Village Shopping Centre, Bulleen. A ‘strip shopping centre’ is an area that meets all of the following requirements (Clause 52.28-4): it is zoned for business use; it consists of at least two separate buildings on at least two separate and adjoining lots; it is an area in which a significant proportion of the buildings are shops; it is an area in which a significant proportion of the lots abut a road accessible to the public generally. The definition of strip shopping centre is open to interpretation and has been the subject of discussion in a number of VCAT hearings involving other municipalities. There are limitations to the level of control Councils can exert, for example a Council could not completely prohibit new gaming machines or independently cap the number of gaming machines within its area. The limitations on power are expressed or implied through: the primary role of the Gambling Regulation Act 2003 in regulating gaming machines; the status of gaming machines as a legal and legitimate entertainment option in Victoria; the obligation to consider both the benefits of gaming as well as the harms under the Objectives of Planning in Victoria; the requirement that local policies and provisions be consistent with the State Planning Policy Framework and the Victoria Planning Provisions; the circumscribed role of local policies in decision making; and the need for strong strategic justification to control the location or design of gaming venues or prohibit them from specified shopping strips or complexes. 2.3 Gambling in Manningham There are currently 7 gaming venues in Manningham, 4 of which are hotels and 3 of which are clubs. All 7 gaming venues are located in the western statistical local area of Manningham, to the west and centre of the municipality. There are 627 licensed EGMs (the number of EGMs permitted in terms of the existing permits) and 509 attached entitlements (the number of EGMs installed and operating in Manningham). The municipal cap, which is based on a statewide cap of 10 EMGs per 1,000 adults, provides for a maximum of 928 EGMs. In 2012/13 expenditure (total amount lost by players) in Manningham was $58,313,277 and expenditure per adult (persons aged 18 years or older) was $599. During this time period, expenditure was highest in the four hotels and lowest in the three clubs (note that the Warrandyte Club was no longer operating after July 2012). In 2012/2013 expenditure in Manningham was lower than the adjoining municipality of Maroondah, but higher than all the other adjoining municipalities of Yarra Ranges, Whitehorse, Boroondara,
Page | 3 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
Banyule and Nillumbik. In this financial year, expenditure in Manningham was similar to (but marginally higher than) the average of all municipalities in the Eastern Metropolitan Region of Victoria. Manningham has typically had a higher annual net expenditure than the adjoining municipalities of Banyule, Boroondara, Whitehorse, Yarra Ranges and Nillumbik, the Eastern Metropolitan Region and the Inner East Primary Care Partnership since 2007-08. Between 2008/09 and 2012/13 expenditure in Manningham and in all adjoining municipalities and those municipalities in the Eastern Metropolitan Region of Victoria decreased. In this period Manningham experienced a reduction in expenditure of 13.2% which was lower than the adjoining municipalities of Yarra Ranges, Whitehorse and Nillumbik, but higher than the adjoining municipalities of Boroondara, Maroondah and Banyule.
Between 2011/02 and 2012-03 Manningham, together with all adjoining municipalities and municipalities in the Eastern Metropolitan Region experienced a reduction in expenditure. This is due in part to the statutory removal of ATMs from gaming venues from the 1st of July 2012, and a reduction in the number of EGMs in the region following the introduction of the new venue operator arrangements and auction of EGM entitlements. Expenditure per EGM entitlement in Manningham is above average, compared with the Eastern Metropolitan Region, Inner East Primary Care Partnership and surrounding local government areas. This is despite the relatively low density of EGMs per 1,000 adults.
This suggests that people using the EGMs in Manningham are spending a lot compared with the region. 2.4 Understanding problem gambling Problem gambling has been defined as follows1: Problem gambling is characterised by difficulties in limiting money and/or time spent on gambling, which leads to adverse consequences for the gambler, others, or for the community. In 2010 the Productivity Commission2 estimated that between 1.9% and 3.1% of adults experience moderate or high risks of problem gambling. The Victorian Gambling Study found that 0.7% of Victorian adults (or just over 30 000 people) are problem gamblers3. The risk for problem gambling is significantly lower in the Eastern Metropolitan Region, with a range of between 0.25% and 0.52% of the population experiencing problem gambling. Within the Eastern Metropolitan Region, Manningham, together with Whitehorse, was included in the ‘medium EGM expenditure band’. Knox, Maroondah and Monash were included in the ‘high EGM expenditure band’ and Boroondara and Yarra Ranges were included in the ‘low EGM expenditure band4. Although there is no definition of the expenditure bands, the research found that the odds of problem gambling were significantly higher in the medium and high expenditure bands than they were in the low EGM expenditure bands.
1 Victorian Auditor-General’s Report (2010) 11:2 p3 2 Australian Government Productivity Commission (2010) p5.1 3 Victorian Competition and Efficiency Commission (2010) p8-9 4 Department of Justice (2009) A study of Gambling in Victoria, Problem gambling from a public health, Prevalence of Problem Gambling, p61 Page | 4 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
2.5 Determinants of harm A person’s vulnerability to problem gambling is determined by a number of interrelated social, health, economic and physical factors. Gambling cultures and behaviours In Australia, gambling is a legal form of entertainment and has become normalised as an integral part of Australian social, leisure and sporting culture. The liberalisation of gaming in Victoria in the early 1990s saw the rapid expansion and decentralisation of gaming venues in clubs and hotels, many of which were already located in existing communities. Gaming venues provide a range of social, leisure and entertainment activities including affordable dining, bars, music, sport and other forms of gambling, such as sports betting, bingo and Keno. Some social and leisure clubs, including those that cater for older people or people from a particular cultural group, use gaming venues as destinations for their outings. In recent years the profile of gambling in the community has been raised through increased sponsorship and marketing, and the increased use of online betting on a number of different sporting codes, such as cricket, Australian Rules Football and Rugby League. The product Although EGMs are one of the most important sources of enjoyment for gamblers, they also pose the greatest risks to existing and potential problem gamblers5. This is due to a number of factors including the capacity to play alone; technological features that result in players losing touch with reality and time; misunderstandings about how EGMs work and the misconception amongst some players that they are able to recover their losses; the speed of play relative to other forms of gambling and their relative accessibility due to location and operating hours. It is estimated that, on average, 41% of revenue from EGMs is derived from problem gamblers6. It is also estimated that 75%-80% of problem gamblers use EGMs7. Between July 2012 and March 2013, almost a half (46.4%) of clients that presented to Gambler’s Help East for problem gambling counselling used electronic gaming machines8. The venue Many gaming venues have high quality interiors which, together with the visual and auditory effects, create a comfortable, exciting environment. This type of environment may be particularly attractive to people who are feeling socially isolated or who are seeking a safe, warm, friendly and comfortable environment to visit, particularly during the late night or early morning hours when other social and leisure facilities are closed. Accessibility The availability of opportunities to gamble, which is a determinant of gambling9, is a function of the social and environmental context of the local area10. This is influenced by factors including locational convenience, travel distance, density of EGMs (i.e. number of EGMs per 1,000 adults), number of adults per gaming venue, advertising and exposure, and opening hours. There is a direct link between problem gambling and factors such as the number or density of EGMs and the level of gaming expenditure per adult, particularly in disadvantaged areas.
5 Australian Government Productivity Commission (2010) Productivity Community Inquiry Report, Gambling p5.22 6 Australian Government Productivity Commission (2010) p5.1 7 Australian Government Productivity Commission (2010) p13 8 As at March 2013 9 Johansson, A., Grant, J., Kim, S., Odlaug, B., Gotestam, K. (2009) “p84 10 State Government of Victoria (2008) pv Page | 5 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
Accessibility to gambling opportunities is the primary focus of planning policy relating to electronic gaming machines and provides the rationale for the standard provisions contained in Clause 52.28 described previously. State government policy and legislation legitimises the community’s expectation that there will be access to opportunities to gamble. The principle underpinning the planning policy is therefore to identify appropriate locations that both manage this expectation and minimise harms to those most vulnerable. Socio-economic and socio-demographic vulnerability Research has identified specific social and economic factors that increase a person’s risk of developing problem gambling e.g. age, gender, family and household structure, culture, socio- economic disadvantage11. However, the consultation and engagement process undertaken as part of this project found that there is no clearly identifiable cohort that is particularly at risk of problem gambling. Both the research and the consultation and engagement process did reveal, however, that the two key factors that determine a person’s vulnerability to problem gambling are social isolation and the experience of a traumatic life event. Groups within the community most vulnerable to social isolation and socio-economic disadvantage, and therefore problem gambling, are recent migrants (including international students), older people, people experiencing domestic violence, people with low proficiency in English and people living alone. Although Chinese, Vietnamese, Arabic and Greek communities, and people of Koori and Indigenous backgrounds, have a lower rate of participation in gambling compared with the general community, they have higher incidences of problem gambling12 . The reasons for this include relative socio- economic disadvantage, cultural attitudes to gambling and low proficiency in English. It should be noted that there are concentrations of people with a Chinese background in the City of Manningham, particularly in the suburbs of Doncaster, Doncaster East. There are also high concentrations of people with a low proficiency in English in Manningham, particularly in the suburbs of Bulleen, Doncaster and Doncaster East. Furthermore, the suburb of Doncaster has the highest concentration of disadvantage in the municipality. These socio-demographic features are noteworthy given the fact that five out of the seven venues are located in these suburbs. Even though young people under the age of 18 are not permitted in gaming venues, they are exposed to other forms of gambling, some of which are available on electronic devices, such as smart phones and tablets. Many computer games also include elements of gambling, or induce psychological responses similar to gambling. Young people may also be exposed to the presence of gaming lounges when visiting other facilities in gaming venues, such as a bistro. This normalises the presence opportunities to gamble and increases their exposure to a recreational activity that is associated with harms. Health status Although there is no broadly accepted explanation for the link between problem gambling and alcohol abuse, problem gambling is more common among people with alcohol use disorders, drug abuse and smoking13, than those without14. Mental illness, including stress and anxiety,15, 16 is one of the top 3 co-morbidities with problem gambling,17, 18 particularly if both partners in a relationship are experiencing mental illness19.
11 Department of Justice (2009) A study of Gambling in Victoria, Problem gambling from a public health perspective 12 Problem gambling in CALD communities, the evidence base for working with CALD communities (2011) Centre for Culture, Ethnicity and Health, Multicultural Gambler’s Help Program 13 State Government of Victoria A guide to using a health promotion approach to problem gambling 14 Thomas, S and Jackson, A (2008) pix 15 State Government of Victoria A guide to using a health promotion approach to problem gambling 16 Personal comment, representative from Eastern Health Page | 6 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
2.6 Impacts of problem gambling Benefits The presence of EGMs and gaming venues in the community results in a number of social and economic benefits. These include provision of affordable social, leisure and recreational facilities and opportunities; employment generation; redistribution of revenue to community groups; tourism; and opportunities for volunteering. Gaming venues may also provide people with opportunities to socialise with their family and friends in an accessible, safe, comfortable, affordable and welcoming environment. The majority of respondents to the community survey undertaken as part of this project said that they felt EGMs had no benefits (61.3%, n=84%) and a small proportion (15.3%, n=21) felt that gaming venues had no benefits). However, a number of respondents identified benefits such as good facilities e.g. bistro, bar, function rooms, sports lounge, sports facilities (52.3%, n=23), affordable food and beverages, opportunities to socialise with friends (40.9%, n=18), proximity to home, work or shops (31.8%, n=14), employment generation (24.8%, n=34) and the financial contribution that EGMs make to the community (14.6%, n=20). Harms The negative impacts of problem gambling are experienced at the individual, family and community level. Almost two thirds of respondents to the community survey (64.8%, n=57) were concerned about the impacts of problem gambling on the broader community; more than a quarter (27.3%, n=24) were concerned about the impacts on their friends; and just over a fifth (21.6%, n=19) were concerned about the impacts on their immediate family. The social and economic impacts of problem gambling may be classified under six primary categories, namely financial harms, mental health, relationship issues, physical health, crime, community and service delivery. Financial harms include loss of money, unpaid bills, debts, inability to afford basic goods and needs, loss of employment, reduced work productivity, bankruptcy, loss of housing due to mortgage defaults and inability to pay rents, loss of assets and wealth and diminished standard of living. A large proportion of respondents to the community survey were concerned about the amount of money spent on EGMs (83.5%, n=81) and more than half identified economic impacts, such bankruptcy (54.6%, n=53) and the loss of a home (52.5%, n=51). A further 45.44% (n=44) identified job losses and 35.1% (n=34) identified the loss of a business as economic impacts of problem gambling. Mental health issues associated with problem gambling include addiction, depression, low self-esteem and suicide ideation. Almost half (45.4%, n=44) of respondents to the community survey identified stress and depression as an impact of problem gambling. Although social isolation is a cause of problem gambling, it is therefore also an outcome as these impacts can discourage participation in the community. Relationship issues associated with problem gambling result from a loss of trust, and child and family neglect. In total, more than three quarters (78.9%, n=71) of respondents to the community survey identified that problem gambling can cause social problems including relationship issues such as family breakdowns, divorce, child abuse and child neglect. Just under two thirds (62.9%, n=61) of respondents to the community survey identified that problem gambling can cause a relationship or family breakup and just over a third (35.1%, n=34) identified that problem gamblers may leave children unsupervised at home or in the
17 North Central Metro PCP (2009) 18 Personal comment, financial counsellor, Gambler’s Help Eastern 19 Personal comment, Enhanced Nurse, Maternal and Child Health Centre Page | 7 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
car. Almost two thirds (64.9%, n=63) of respondents identified that problem gamblers spend too much time using EGMs. Physical health issues include alcohol and substance abuse, self-harm, family violence and stress induced illnesses such as cardiovascular disease and stroke. More than a quarter (29.9%, n=29) of respondents identified that problem gambling has been associated with harms such as suicide and just over a quarter (26.8%, n=26) identified that it has been associated with drug or alcohol abuse. Criminal activities associated with problem gambling include theft and fraud experienced in the workplace and local communities. 44.4% (n=40) of the respondents to the community survey identified that problem gambling is associated with crime and more than a quarter (26.8%, n=26) identified that they or someone they knew had been involved in crime. Community issues include loss of social capital, homelessness, reduced spending in the local community and in some instances reduced volunteerism and decreased contributions to charity, due to increased time and money spent by an individual on gambling. More than one third of respondents to the community survey (37.8%, n=34) identified that problem gambling is associated with a loss of productivity in the workplace. Service delivery costs include treatment services, counselling, emergency relief, pastoral services, emergency and legal services, increased costs to local government associated with managing the location and growth of gaming venues, regulation and enforcement of planning permit and licence conditions. Although 6.7% (n=6) of the respondents to the community survey did not think that there are any harms for the broader community, others identified that problem gambling is associated with the cost of treatment services (54.4%, n=49), increased demand for and cost of emergency relief services (34.4%, n=31), cost of research into ways to address problem gambling (38.9%, n=35) and legal costs (34.4%, n=31). Community attitudes to gambling and the presence of electronic gaming machines The majority of respondents to the community survey felt that the use of EGMs is either harmful (56.5%, n=70) or potentially harmful (6.6%, n=33). Respondents were evenly divided as to whether they feel there are too many EGMs (18.6%, n=24) or are just the right number (20.2%, n=26). A higher proportion of respondents felt that there shouldn’t be any (29.5%, n=38). Only 1.6% (n=2) of respondents felt there are not enough EGMs and 30.2% (n=39) were unable to comment about the existing availability of EGMs within the community.
Page | 8 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
3 Key considerations This section summarises key considerations arising from the research that have informed the development of the Local Policy. 3.1 Issues 3.1.1 Accessibility, convenience and availability
The policy, legislative and decision-making framework within which EGM gambling is managed at the local level is founded on the principle that EGM gambling should be accessible but not convenient. This principle acknowledges that accessibility is a physical determinant of problem gambling, particularly for those sectors of the community who may be at risk of problem gambling due to a range of social and economic factors. Gambling is a legitimate and legal form of entertainment. This raises the policy tension between planning principles which seek to increase accessibility to social and leisure activities (by locating them close to public transport networks and concentrating them in activity centres) and the acknowledgement that accessibility to some social and leisure activities, such as EGM gambling associated with harms, is a risk factor. When identifying suitable locations for gaming venues, it may therefore be more appropriate to focus on the concept of availability rather than accessibility, as this reflects the principle underlying the legislative framework that acknowledges that gambling should be available as it is a lawful form of entertainment that is associated with a range of social and economic benefits, as well as harms. 3.1.2 Entertainment uses and activity centres
Both the State and a number of local government Local Policies encourage the development and diversification of higher order activity centres for a mix of uses, including entertainment. However, principles underpinning local planning policy frameworks in some municipal planning schemes seek to discourage the location of gaming venues in activity centres. This creates a planning tension when it comes to identifying suitable locations for gaming venues in a municipality. 3.1.3 Density of EGMs
The density of EGMs and number of adults per venue determines how accessible EGMs are within a community. Accessibility to EGMs has been identified as a key determinant of problem gambling, particularly in relation to communities that are vulnerable to problem gambling. However, the density measure used to describe accessibility of EGMs does not take into account the number of venues in a specific locality. The maximum number of EGMs permitted at a municipal level is determined by the State government. The capacity of local government to regulate the density of EGMs through the planning scheme is heavily circumscribed by the legislative and policy framework set by the State government. In particular, Councils are unable to unilaterally prohibit or cap the number of gaming machines within their municipalities. The density of EGMs is defined by the number of EGMs per 1,000 adults, regardless of how the EGMs are distributed in the municipality, where they are in relation to concentrations of disadvantage, or how many venues there are. At present, the density of EGMs per 1,000 adults in Manningham is well below the municipal cap, with the result that Council has very limited capacity to restrict the growth of EGMs and overall EGM density. In addition, all the EGMs and venues in Manningham are currently located in the western statistical local area, towards the west and centre of the municipality, and in areas that have a
Page | 9 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy relatively high level of disadvantage when compared with other suburbs in Manningham. This ‘skews’ the overall density in the municipality, with density being higher in the less advantaged suburbs in the western part of the municipality (particularly Doncaster) and lower in the eastern parts of the municipality. That said, Manningham is a relatively advantaged community if compared to other local governments in the Eastern Metropolitan Region including Yarra Ranges, Maroondah, Knox, Monash and Whitehorse. This identifies the need for strong policy guidance relating to the location of gaming venues in relation to areas within the community that are vulnerable to problem gambling and areas that have the highest density of venues or EGMs. 3.1.4 Advertising
Advertising of EGMs and gaming venues increases the community’s awareness of the availability of opportunities to gamble and has been recognised as potentially encouraging harmful gambling behaviour20. New regulations in the Gambling Regulation Act 2003 permit the use of gaming machine related signage measuring 2m2 on the facades of hotels and clubs. These signs must be in white lettering on a single colour background with no decorative ridges or illumination. As these regulations are determined by the State government, Council has limited control through its planning scheme to influence the placement, size and design of these advertisements. 3.1.5 Gambling-sensitive uses
There is general acceptance amongst policy and decision-makers that gaming venues should not be located within easy access or close proximity to gambling-sensitive uses. A gambling-sensitive use is understood to be any facility or service that is used by people most vulnerable to problem gambling and/or is associated with day to day activities. Gambling-sensitive uses may include shopping centres and shopping strips, residential and community based facilities and services such as schools, transport hubs and interchanges, health and welfare organisations, youth centres, early years services (kindergartens, maternal and child health services), aged care services and churches. There is strong evidence to support the separation of gaming venues from certain facilities based on their association with specific groups that are vulnerable to problem gambling e.g. young people, older people and people making use of welfare and counselling services. There is little evidence to support the separation of gaming venues from facilities and services that are associated with children e.g. early years’ services, libraries, churches, transport hubs and other community based uses associated with day to day activities. Nevertheless, these facilities have been included as ‘gambling-sensitive uses’ due to their association with people’s day to day activities and the probability that they are located in close proximity to a person’s home. This is due to the fact that research has found that two of the three features of a gaming venue most preferred by problem gamblers are that they are close to home and easy to get to21. In order to provide a robust justification for separation distances between gaming venues and gambling-sensitive uses, it is important to distinguish between those gambling-sensitive uses that are most likely to exacerbate existing vulnerability and those that are associated with day to day activities. Examples of gambling-sensitive uses associated with vulnerability to problem gambling in Manningham include Doncare (located at MC2), social housing, welfare and counselling services, senior citizens clubs, youth facilities, MYMCA and community health services. Due to the fact that
20 Australian Government Productivity Commission (2010) p8.1 21 Gambler’s Help (undated) A guide to using a health promotion approach to problem gambling Page | 10 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy problem gamblers are more likely to visit more than one venue, existing gaming venues have also been included in the category associated with vulnerability to problem gambling. Examples of gambling-sensitive uses associated with day to day activities include community based facilities such as medical, education, recreation, social and leisure. 3.2 Challenges in managing demand for EGMs 3.2.1 Convenience and destination venues
Planning policies in relation to the location of EGM venues have favoured a destination model over a convenience model on the basis that a reduction in accessibility to EGMs is an effective harm minimisation approach. The literature review has defined destination gaming as a model of gaming distribution where there are fewer, but larger gaming venues, such as casinos, that encourage predetermined decisions to travel and gamble. It has further defined convenience gaming as facilities that consumers and the general public may encounter on their daily activities, potentially leading to an impulse decision to gamble. The standard provisions of planning scheme Clause 52.28 seek to discourage convenience gambling by prohibiting gaming machines in shopping strips and complexes. There are, however, a number of factors, including the physical and non-physical features of the site and gaming venue, which may reduce the ability to clearly distinguish the two models of gaming. Although the Planning Scheme prohibits the location of EGMs in shopping centres and shopping strips, a number of the existing venues e.g. the Shoppingtown Hotel and Cherry Hill Hotel are located in very close proximity or adjacent to shopping centres and shopping strips. This has the potential to increase the ‘convenience’ aspect of these venues and the potential to contribute to problem gambling. Proximity to shopping centres and other facilities and services is generally the key criterion determining whether a venue is classified as a destination or a convenience venue. However, it is important to assess each venue based on the specific geographic and physical features of the site on which it is located in order to fully ascertain whether or not it is a convenience or destination venue. For example, the Shoppingtown Hotel may be classified as a convenience venue due to its proximity to Westfield Doncaster and bus interchange located opposite the site, and exposure due to signage on the site. However, Manningham Road presents as a significant barrier to pedestrian movement, and the hotel and facilities are not visible from the road. These factors reduce accessibility and exposure and therefore the potential for the Shoppingtown Hotel to function as a convenience gaming venue. Non-physical features should also be taken into consideration in determining whether a venue functions as a destination or convenience venue. These include whether the venue operates community buses or is regularly used by social and leisure clubs for their outings and activities, particularly if the venue is located in close proximity to adjoining municipalities with low EGM densities and expenditure. These factors may lead to a convenience venue also operating as a destination venue. 3.2.2 Location of Manningham’s venues in relation to adjoining municipalities
As part of the Melbourne metropolitan area, Manningham’s urban areas are contiguous with adjoining suburbs. This has implications for both the impacts of gaming machines on the broader community beyond Manningham, as well as for determining appropriate policy responses within the municipality. Manningham is not served by rail-based public transport but has major east-west and north-south freeways and arterial roads that provide access by private vehicle and buses. Bus
Page | 11 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy interchanges exist at the Doncaster Park and Ride (adjacent to the Eastern Freeway), Westfield, Doncaster and The Pines. Manningham’s existing gaming venues are concentrated to the west of the municipality where they are highly accessible to patrons from adjoining municipalities. A relevant consideration in this regard is the long-standing ‘dry area’ that applies in parts of Boroondara and Whitehorse immediately adjacent to Manningham. Within this dry area there are no hotel venues and a limited number of licensed clubs where gaming machines may be located. Anecdotally, according to Council staff, this is said to result in a large number of people from places like Box Hill and suburbs within Boroondara frequenting Manningham’s southern and western-most gaming venues. On the other hand, three of the existing venues are located in close proximity to venues in adjoining municipalities, particularly Whitehorse and Banyule. Although EGM density is calculated at a municipal level, based on the number of EGMs and adults within the municipality, consideration may also need to be given to the location of venues in relation to those within adjoining municipalities in order to fully understand the effective density at a community level and possible reasons for the level of expenditure are particular venues. 3.2.3 Location of Manningham’s venues in relation to relative advantage and disadvantage
Manningham has a low level of disadvantage relative to other municipalities within the Eastern Metropolitan Region of Victoria and metropolitan Melbourne. However, all of the venues are located in suburbs which are disadvantaged relative to the overall level of advantage in Manningham. In addition, the larger venues in terms of EGM number and expenditure are typically located in areas with relative disadvantage in Manningham. Two of the venues, the Doncaster Hotel and Shoppingtown Hotel, which are also the largest venues in relation to the expenditure and the number of EGMs, are located in the suburb of Doncaster, which is ranked the 1st (the most disadvantaged) out of the 14 areas in Manningham. The three clubs, namely the Veneto Club, Yarra Valley Country Club and Manningham Club, which are also relatively large venues in relation to the number of EGMs but relatively small in relation to expenditure, are located in Bulleen which is ranked 3rd out of 14 areas in Manningham in terms of relative disadvantage. The Cherry Hill Hotel, which is relatively small in terms of number of EGMs and expenditure is located in Doncaster East which is ranked 5th out of 11 suburbs in Manningham in terms of relative disadvantage. The Templestowe Hotel, which is also relatively small in relation to number of EGMs and expenditure, is located in Templestowe which is ranked 4th out of 14 areas in Manningham in terms of relative disadvantage. A further factor to be taken into consideration when assessing a venue’s location in relation to disadvantaged communities is that the Manningham community is both willing and able to travel with ease to gaming venues, regardless of the distance. Responses to the community survey revealed that, although two thirds of people (66.7%) travel between 1 and 2 kilometres and a further 11.1% travel less than 500m, more than three quarters (77.8%) travel more than 2km and more than three quarters (78.9%) travel by car. Some respondents indicated that they travelled between 15km and 30km, and to venues outside of Manningham. The relative mobility of Manningham’s community, and the distances people actually travel to gaming venues, highlight the challenges associated with identifying suitable locations for gaming venues which are able to protect people who are potentially vulnerable to problem gambling.
Page | 12 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
3.2.4 Managing EGM density
Feedback gathered during the stakeholder engagement and community consultation process indicated that there is a strong desire within the community to reduce the number of EGMs in Manningham. However, the density of EGMs per 1,000 adults at a municipal level is strictly regulated by the State government. Furthermore, the current number of EGMs (509 entitlements and 627 licensed EGMs) in Manningham is well below the 928 machines that could be accommodated under the municipal cap of 100 machines per 1,000 adults22. Furthermore, the number of gaming machines per 1,000 adults (aged 18 years old and over) has decreased from 6.6 in 2008/09 to approximately 5.2 in 2013 due to population growth.23 This reduction in the number of gaming machines per adult in Manningham has in recent years coincided with a gradual reduction in net expenditure on EGMs. Manningham’s population is projected to continue to grow, with the adult population expected to increase from an estimated 118,049 persons in 2013 to 134,856 in 2031.24 The current number of gaming machine entitlements is approximately 30% below the municipal cap. If population grows at the projected rate, the number of gaming machines in Manningham could increase by approximately 100 over the next twenty years without increasing the current density of EGMs per adult. These factors suggest that Council is likely to face a number of limitations when seeking to respond to the community’s desire to reduce accessibility to EGMs. However, through the application of the provisions in the Local Policy, Council could effectively manage any potential demand for EGMs in the municipality, and identify suitable locations where this demand could be accommodated without increasing the risks of problem gambling. 3.3 Opportunities to manage demand for EGMs 3.3.1 Statutory and strategic planning
As discussed above, local government have the capacity to manage EGMs and gaming venues through the planning system. Through the Planning Policy Council can manage the location, siting and design of premises containing EGMs in order to reduce accessibility to EGM gambling for those most at risk of problem gambling due to their relative socio-economic disadvantage or propensity to engage in convenience gambling. 3.3.2 Council’s roles
Feedback gathered during the stakeholder engagement and community consultation processes highlighted that Council plays a significant role in preventing and minimising problem gambling. Key determinants of problem gambling are social isolation and boredom. At present Council provides a number of activities that seek to strengthen community cohesion and social connectedness. This role can be strengthened by encouraging, wherever practicable, the inclusion of a range of social and leisure activities in venues to support those seeking to engage in non-gaming activities within a gaming venue. Although the Gambling Regulation Act 2003 provides that gaming venues may operate for a maximum of 20 out of 24 hours, Council may, in relevant circumstances, seek to increase the statutory shut down period and restrict the operating hours of gaming venues so that they align with opening hours of other social and leisure facilities. Effective liaison between venue operators, Council and other key stakeholders may assist in the prevention and management of issues that present within a venue. There is the opportunity to
22 Estimate based on VCGLR projected population data www.vcglr.vic.gov.au. 23 Victorian Commission for Gaming and Liquor Regulation www.vcglr.vic.gov.au. 24 Projections prepared by id Consulting. www.manningham.vic.gov.au Page | 13 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy include a condition in the planning permit relating to venue management to facilitate this liaison. Liquor accords provide opportunities for effective liaison between venue operators, Victoria Police, local governments and other stakeholders, assisting in the management of issues that may present within the venue. At present there is no liquor accord in Manningham. However, should a liquor accord be established, Council may encourage those licensed venues that operate EGMs to discuss gaming related issues in addition to issues relating to the sale and consumption of alcohol. Applications for gaming venues and the increase or relocation of EGMs are assessed in terms of whether or not the net economic and social impact of approval will be detrimental to the wellbeing of the community. A key factor taken into consideration during this assessment is the potential for the approval to cause or exacerbate problem gambling. Applicants are required to submit a range of information, some of which supports the assessment of the potential social and economic harms that may be associated with the application. There is the opportunity to include clear guidelines in the Planning Policy Framework as to the scope of information Council will require the applicant to submit together with the planning permit application. 4 Manningham Planning Scheme Manningham’s Local Planning Policy Framework does not currently include a local planning policy that relates specifically to the issue of gaming. At present, Council relies on the State Planning Policy Framework, including Clause 52.28, to guide applications for the approval of additional EGMs or gaming venues. While not directly dealing with gaming, the following provisions are broadly relevant to planning decisions about gaming. 4.1 Municipal Strategic Statement In broad terms (as relevant to gaming) the Manningham MSS: Designates the Doncaster Hill Principal Activity Centre (PAC) as the primary location for commercial growth, entertainment, high density housing and community services (Clause 21.09-1). Identifies The Pines Major Activity Centre as a mixed use centre that incorporates cultural and entertainment activities (Clause 21.09-1). Seeks to ensure that Neighbourhood Activity Centres and Local Activity Centres provide for the local convenience needs of residents (Clause 21.09-1). Seeks to contain new commercial development with Commercial Areas (Clause 21.09-6). Encourages higher density development close to activity centres and along main roads to the west of Mullum Mullum Creek (Clause 21.05). Encourages community-related activities to be located close to activity centres or other community based facilities (Clause 21.05-6). Seeks to ensure that commercial uses are located within activity centres where possible (Clause 21.05-6). Encourages land-use, developments and initiatives that achieve social interaction and cohesion (Clause 21.14-1). Manningham’s activity centre hierarchy is as follows (Clause 21.09-1): Principal Activity Centre (PAC) - Doncaster Hill, Doncaster Major Activity Centre (MAC) - The Pines Shopping Centre, Doncaster East
Page | 14 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
Commercial Areas (e.g. Doncaster Road) Neighbourhood Activity Centres (NAC) – o Donburn Shopping Centre, Donvale o Tunstall Square Shopping Centre, Donvale o Jackson Court Shopping Centre, Doncaster East o Templestowe Village Shopping Centre, Templestowe o Macedon Activity Centre, Lower Templestowe o Bulleen Plaza Shopping Centre, Bulleen o Devon Plaza Activity Centre, Doncaster East o Park Orchards Shopping Centre o Warrandyte township o Warrandyte Goldfields Shopping Centre. Local Activity Centres Industrial Areas - o Bulleen o Templestowe o Doncaster 4.2 Local Policy The Eating and Entertainment Premises Policy (Clause 22-06) supports the MSS objective of making activity centres the focus for retail, commercial, social and community activity. It provides that eating and entertainment premises should be located within existing activity centres and commercial areas. More specifically it encourages these activities to be located (among other things): Abutting a Road Zone or a road, which has vehicular access from a service road. Close to or within business zones or in areas, which are appropriate to the intensity and scale of the proposed use, with minimal impact on the amenity of the local area and nearby residential properties. On roads, which avoid the generation of additional through traffic on residential streets, particularly where, major eating and entertainment premises serve catchments beyond the local level. Within activity centres to promote and reinforce the social and community role of centres. 4.3 Gaming provisions The Schedule to Clause 52.28 of the Manningham Planning Scheme prohibits EGMs in the following areas: Part of the Doncaster Hill PAC – Westfield Doncaster Shopping Centre only. The Pines Shopping Centre MAC Tunstall Square Shopping Centre NAC Jackson Court Shopping Centre NAC Page | 15 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
Bulleen Village Shopping Centre NAC Any other NAC, LAC or Commercial Area that falls within the definition of ‘strip shopping centre’. A planning scheme review completed in 2010 recommended the preparation of a corrective amendment to the Manningham Planning Scheme to amend the schedule to Clause 52.28-3 to remove the two strip shopping centres (Tunstall Square and Jackson Court) from the table. The Victoria Planning Provisions include the following definitions: Gaming The playing of a gaming machine. (Clause 72) Gaming machine Has the same meaning as it has in the Gaming Regulation Act 2003. (Clause 72) Gambling premises Land used for gambling by gaming or wagering, and where there is the ability to receive a monetary reward. This includes betting agencies and gaming premises. (Clause 74) Gaming premises Land used for gambling by gaming, and where there is the ability to receive a monetary reward. (Clause 74). 4.4 Zones Table 1 identifies the defined land uses that expressly provide for gambling by gaming and the manner in which the uses are controlled by relevant zones in the Manningham Planning Scheme. Clause 52.28 (described above) applies in addition to the zone provisions25: Table 1 - Zone controls in Manningham relating to gaming machine gambling
Land use Permit not Permit required Prohibited required Gambling premises Commercial Zone 1 Activity Centre Zone General Residential Schedule 1* Zone Public Conservation & Resource Zone* Industrial 1 Zone Low Density Residential Zone Public Park & Mixed Use Zone Recreation Zone* Neighbourhood Road Zone Residential Zone Public Use Zone*
Residential Growth Zone
Rural Conservation Zone Urban Floodway Zone Hotel Commercial 1 Zone Activity Centre Zone Rural Conservation Zone Schedule 1* Public Conservation Urban Floodway Zone & Resource Zone* General Residential
Zone Public Park &
Recreation Zone* Industrial 1 Zone
25 Although the new residential zones had not yet been applied in Manningham at the time of drafting this document, the residential zones that have been superseded by the new zones have been included.
Page | 16 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
Tavern Public Use Zone* Low Density Residential Zone
Mixed Use Zone* Neighbourhood Residential Zone Residential Growth Zone Road Zone Land use Permit not Permit required Prohibited required Residential hotel Activity Centre General Residential Industrial 1 Zone Zone Schedule 1* Zone Urban Floodway Zone Commercial 1 Low Density Residential Zone* Zone Public Conservation Mixed Use Zone & Resource Zone* Neighbourhood Public Park & Residential Zone Recreation Zone* Residential Growth Zone Public Use Zone* Road Zone
Rural Conservation Zone* Restricted place of Public Conservation Activity Centre Zone Rural Conservation Zone assembly & Resource Zone* Schedule 1* Urban Floodway Zone Public Park & Commercial 1 Zone Recreation Zone* General Residential Public Use Zone* Zone Industrial 1 Zone Low Density Residential Zone Mixed Use Zone Neighbourhood Residential Zone Residential Growth Zone Road Zone Restricted recreation Activity Centre Commercial 1 Zone Rural Conservation Zone facility Zone Schedule 1* Industrial 1 Zone Public Conservation General Residential & Resource Zone* Zone Public Park & Low Density Residential Recreation Zone* Zone
Page | 17 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
Public Use Zone* Mixed Use Zone Neighbourhood Residential Zone
Residential Growth Zone
Road Zone Urban Floodway Zone
* Subject to conditions.
5 Planning responses to problem gambling 5.1 Introduction A number of municipalities have amended their planning schemes to articulate their strategic (land use planning) position on gaming issues and to include policies to assist decision making in response to gaming machine applications (under Clause 52.28). Approaches to gaming machine policy have evolved over time as the body of panel reports and tribunal and court decisions grows. These reports and decisions explore different aspects of gaming law and policy and often include commentary on social research about gaming. Due to this evolution, some of the strategies and policies that currently existing in municipal planning schemes may no longer be considered appropriate. Others may lack strategic justification, may not have been subject to the scrutiny of an independent panel, or may simply not be relevant to the Manningham context. Care needs to be taken therefore to develop a policy framework that is reflects the needs of Manningham and which represents best practice. Gaming-related planning scheme amendments may include three components: Amendments to the Municipal Strategic Statement; Insertion of a Gaming Local Policy; and Insertion or amendment to the Schedules to Clause 52.28. Each of these options is discussed under the following headings. 5.2 Municipal Strategic Statement Municipal Strategic Statement (MSS) provisions should outline Council’s strategic land use planning response to gaming machines and venues and integrate it with the broader land use framework, particularly in relation to activity centres. Any amendment to the Manningham Planning Scheme must provide the strategic justification for any local policy or amendment to the Clause 52.28 and include any adopted research into the determinants and impacts of problem gambling as a reference document. 5.3 Local Planning Policy A number of policy approaches to harm minimisation have been adopted in Victorian planning schemes. In general terms they adopt the following approaches: Locate gaming venues within the municipal activity centre hierarchy; Limit accessibility to gaming machines to discourage convenience gambling; Limit exposure of gaming venues to people vulnerable to problem gambling;
Page | 18 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
Manage the density of gaming machines and avoid clustering of venues; Ensure that alternative social activities are available; Influence the design and operation of gaming venues; and Outline the level of information required to be submitted with a planning permit application. The selection of policy responses requires consideration of the legislative and policy context that applies to gaming, literature concerning problem gambling and application to the local policy context and physical environment. Examples of policies applied by other municipalities are provided in Appendix 1. 5.3.1 Location Panel reports and VCAT decisions have affirmed that gaming is a legal and legitimate recreational activity for adults. As such, notwithstanding the objective of minimising harms, gaming venues should be located in places that are accessible to the general community and consistent with State policy regarding the orderly planning and development of activity centres.26 Clause 52.28 prohibits gaming machines in strip shopping centres and nominated shopping complexes. Several local policies supplement these provisions by specifying at which level in the activity centre hierarchy gaming venues should be accommodated. Some also seek to discourage gaming venues from residential areas. Examples of this type of provision are provided in Appendix 1. Manningham has one Principal Activity Area and one Major Activity Centre. These have existing gaming venues located within and adjacent to them respectively. The other five gaming venues are located in a designated commercial area on Doncaster Road and in out of centre locations in residential and special use zones. Consistent with the municipal activity centre hierarchy, local policy for Manningham should: Locate gaming venues in the Doncaster Hill Principal Activity Centre; Locate gaming venues at the fringe of The Pines Major Activity Centre; Locate gaming venues within Commercial Areas provided these do not fall within the definition of ‘strip shopping centre’; Locate gaming venues in destination venues associated with large clubs on private land; and Discourage gaming venues in neighbourhood and local activity centres. These policy responses would be contingent on assessing the proximity of any proposed venue to vulnerable communities, gambling-sensitive uses and other gaming venues, as outlined in other provisions of the policy. Discouraging gaming machines in residential areas would be counterproductive to the objective of locating gaming venues at the periphery of activity centres as several of the existing venues operate in hotels and clubs within the Residential 1 Zone. The existing policy of locating non-residential entertainment facilities on main roads should be supported. 5.3.2 Accessibility Convenience venues are understood to be more likely to attract problem gamblers than venues that require a conscious decision to go to the venue to gamble.27 Several policies seek to reduce opportunities for convenience gambling by discouraging gaming machines in locations that are heavily trafficked by pedestrians during their normal daily activities. Examples of this type of
26 Walker Corporation Pty Ltd v Wyndham CC [2007] VCAT 1396. 27 Mount Alexander SC v Victorian Commission for Gambling and Liquor Regulation & Ors [2013], p. 242-3. Page | 19 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy provision are provided in Appendix 1. This is also the rationale for the provisions in Clause 52.28 ‘Gaming’ that prohibit gaming machines in major shopping complexes and strip shopping centres. Similar policies have recently been submitted to the Minister for Planning for Port Phillip (Amendment C88) and approved for Bayside (C98). The Panel Report on the Bayside Amendment supported this approach, notwithstanding that many people access gaming venues by car. Manningham Planning Scheme already contains schedules to Clause 52.28 that prohibit gaming machines in its main shopping complexes and all strip shopping centres. With the exception of Shoppingtown Hotel, all of the existing gaming venues in Manningham are either located at the fringe of an activity centre or are effectively ‘destination’ venues. Although located close to the centre of Doncaster Hill, the Shoppingtown Hotel is located on a busy road that serves as a barrier between the hotel and Westfield Shoppingtown, Doncaster. Consistent with the activity centre hierarchy outlined in the Manningham Planning Scheme, a policy directing EGMs to the periphery of principal and major activity centres or to destination venues should be considered. 5.3.3 Vulnerability Disadvantaged communities Disadvantaged communities are susceptible to problem gambling. The ABS’s Social Economic Indicators for Areas (SEIFA) Index of Disadvantage are commonly used to identify the location of areas of disadvantage in both policy and the assessment of planning permit applications. The SEIFA are prepared by the Australian Bureau of Statistics and therefore represent an objective and readily accessible measure for the purposes of planning policy. The Index of Disadvantage is derived from Census variables such as low income, low educational attainment, unemployment, and dwellings without motor vehicles. However it has been noted that the Index itself is not determinative of a greater risk of problem gambling and that it can be influenced by an older age profile that is not necessarily disadvantaged.28 Most policies seek to discourage gaming machines in or close to areas of relative disadvantage. Some go further and seek to redistribute gaming machines away from areas of disadvantage. Some municipalities with very disadvantaged areas have sought to map them or develop more sophisticated indexes.29 Recent policies have also included provisions identifying area of social housing as being disadvantaged.30 Examples of this type of provision are provided in Appendix 1. Manningham as a whole is a relatively advantaged municipality, although some areas of disadvantage do exist in both the western and eastern statistical areas. In particular, the Shoppingtown Hotel and Doncaster Hotel are located within the second most disadvantaged suburb in Manningham. Social housing (owned by the Department of Housing or Community Housing organisations) is well distributed throughout Manningham. The most significant cluster of social housing is a recently completed apartment building in Tram Road which contains 98 affordable dwellings, 6 of which are designed to accommodate people with disabilities. It should be noted that social housing has been excluded from the Index of Relative Disadvantage in 2011 and that areas of disadvantage as defined by SEIFA do not necessarily correlate with clusters of social housing. A policy discouraging EGMs within or in close proximity to areas of disadvantage should be considered for Manningham. The SEIFA index provides an acceptable indicator of disadvantage that
28 See Mount Alexander SC v Victorian Commission for Gambling and Liquor Regulation & Ors [2013] 29 For example, Benalla Amendment C21. 30 For example, Port Phillip Amendment C88. Page | 20 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy has been applied in other planning policies. The current SEIFA index of disadvantage excludes social housing as a measure of disadvantage as it was considered that households in social housing would be paying low rent which is a separate indicator included in the measure of disadvantage. However, households occupying social housing are likely to display other measures of vulnerability due to their age, potential for social isolation and potential to have experienced a traumatic event. In addition, in the main, there are few high concentrations of social housing as it is dispersed throughout the municipality. As a result of these factors, it may be more appropriate to include social housing as a separate category under gambling-sensitive uses, alongside with relative disadvantage. Exposure to gambling-sensitive uses A number of policies seek to locate gaming machines away from land uses that attract vulnerable community members. This is primarily aimed at limiting exposure of gaming venues to people who may be susceptible to problem gaming. It also has a secondary purpose of discouraging opportunities for ‘convenience’ gaming, particularly for those that are vulnerable to problem gambling. Planning Panels and VCAT have questioned the evidence base for such an approach in relation to general community facilities, but in some cases have supported them in relation to welfare agencies.31 Examples of this type of provision are provided in Appendix 1. The inclusion of a provision establishing an effective buffer distance from gambling-sensitive uses is appropriate for Manningham where it can be established by evidence that the categories of person visiting the sensitive use may be susceptible to problem gambling. The 400 metre walking distance threshold is commonly used in the planning system as a standard for convenience. 5.3.4 Density of EGMs and clustering of venues Planning Panels have supported policies that seek to manage gaming machine density by applying density guidelines and maintaining distances between gaming venues. A recent panel report supported policies that applied density guidance at a sub-municipal level and discouraged gaming venues from being located within walking distance of one another (Bayside Amendment C98). Examples of this type of provision are provided in Appendix 1. Applying EGM density guidelines at a suburban or locality level may be problematic in Manningham due to the significant differences in settlement pattern between the eastern and western parts of the municipality. Gaming machine density is skewed at present because all seven venues are located within the western area of the municipality, which also contains 87% of the population. As a result, gaming machine density in Manningham West is higher than the metropolitan average, while density in the East is zero. A policy which seeks to limit gaming machine densities for a particular suburb or township to no more than the metropolitan average should be considered for Manningham, particularly because the existence of ‘dry areas’ in adjoining municipalities has the potential to generate disproportionate demand in Manningham. Doncaster Hill should be an exception to this policy given its sub-regional status as a Principal Activity Centre and due to policies which support population growth and economic diversification in this location. 5.3.5 Alternative activities There is conflicting evidence as to whether destination gaming supports harm minimisation or serves as a mechanism to introduce people to gaming. Few policies overtly support destination gaming, but several do seek to ensure that gaming is located in locations and venues that have a range of alternative activities. Examples of this type of provision are provided in Appendix 1.
31 See Bright Newbay Pty Ltd v Bayside CC (2010) VCAT 1347 and Bayside Amendment C98 Panel Report. Page | 21 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
All of Manningham’s venues currently provide a range of alternative activities to gaming. The three clubs all fall into the category of destination gaming venues due to their relative remoteness from activity centres and the nature of the venues themselves. A future policy for Manningham should support venues that have a diversity of activities available to patrons. While there are no venues in Manningham East at present, any policy should seek to ensure that if a future proposal is considered it should be located where a range of alternative social, cultural and entertainment options are available, and if the venues are sufficiently separated from areas where there is a concentration of disadvantage. 5.3.6 Design and operation of venues Some local policies seek to influence the design and operation of gaming venues in order to reduce exposure to vulnerable groups such as young people and protect the amenity of nearby residential areas. Recent changes to the gaming regulations regarding hours of operation and the prohibition of automatic teller machines have made some elements of existing policies redundant. Examples of this type of provision are provided in Appendix 1. Some of the design guidelines contained in local policies duplicate harm minimisation measures that would be addressed through gaming regulations and legislation, such as the banning of automatic teller machines, operating hours and access to natural light. A local planning policy for Manningham could include a provision limiting the floor space of a gaming lounge to 25% of the total floor area as this is a well-established benchmark and one which supports the principle of encouraging a diversity of activities within the venue. Provisions regarding amenity are not strictly necessary given that this issue would be considered under the relevant zone provisions, and that gaming activities are less likely than other activities to result in amenity impacts. Any other design interventions would need to be supported by other policies or relevant literature or research. 5.3.7 Information requirements Local policies should specify the information required to support an application. Several require a social and economic impact assessment to be submitted with an application. These types of provisions should be considered for Manningham. In particular, the following information that would support a social and economic impact assessment may be included in the application requirements. This would facilitate rigour and consistency with the approval process regulated by the Victorian Commission for Gaming and Liquor Regulation. Information on the existing situation regarding EGM provision in the municipality and adjoining municipalities: Number of EGM licences and attached entitlements. Names of existing permit holders (hotels and clubs). Locations of existing gaming venues. Total EGM expenditure in the municipality for the three years prior to the application. Averages pend per EGM in the municipality for the three years prior to the application. Average spend per adult in the municipality for the three years prior to the application Evidence of financial stress e.g. bankruptcies. Incidence of gambling related crime and social disturbance.
Page | 22 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
Proposed development: Proposed venue patron profile. Expansion/refurbishment of existing premises or new premises and associated investment. Estimated catchment of the expanded/proposed gaming venue and underlying reasons for defining that catchment. Socio-economic profile of municipal and catchment population. Proposed number of EGMs. Forecast gaming expenditure per EGM. Forecast of any gaming expenditure transferred from other EGMs. Forecast gaming expenditure per adult in the catchment. Description of competition from other venues. Projected impact of proposal on tourism. Cumulative effect of gaming on total EGMs in the municipality measured by expenditure per EGM and per adult. Indication of construction/refurbishment costs and employment (equivalent full- time jobs). Revenue distribution, including allocation of cash and in-kind community contributions. Extent of non-gaming activities proposed for the new/expanded/refurbished venue. Information on potential social and economic impacts associated with the proposal Incidence and prevalence of problem gambling and the potential increase in demand for community support services. Contribution of the proposal to the provision of social, leisure and recreational activities in the community. Total expenditures on EGMs, including the proposal. Any changes in per capita expenditure on EGMs. Changes in EGM density in the municipality and the catchment Impact on other businesses. Impact on average personal incomes and average household income. Impact on average household income per capita. Impact on average household expenditures. Impact on housing affordability and ‘housing stress’. Proposed harm prevention and minimisation measures. Measures to mitigate any adverse social and economic impacts. Social and economic impacts on other municipalities.
Page | 23 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
5.4 Clause 52.28 Capacity exists to amend the schedules to Clause 52.28 to specify additional shopping complexes where gaming machines are prohibited or to specifically identify strip shopping centres where prohibitions should apply. At present the Manningham Planning Scheme includes a blanket prohibition that applies to strip shopping centres. Some planning schemes define strip shopping centres by defining boundaries in words, describing them lot by lot, or using maps. A number of recent panel reports have questioned the value of defining strip shopping centres and raised doubts as to whether this improves certainty. The recent Panel Report on Macedon Ranges Amendment C87 preferred a broader statement stating that gaming machines are prohibited in all strip shopping centres and noting any exemptions. Not all of Manningham’s Neighbourhood Activity Centres are nominated in the Schedule to Clause 52.28. This may be because they do not fall within the category of ‘shopping complex’. Further research into the existing centres would need to be undertaken to determine whether there are any anomalies that warrant correction through a planning scheme amendment. A planning scheme review completed in 2010 recommended the preparation of a corrective amendment to the Manningham Planning Scheme to amend the schedule to Clause 52.28-3 to remove the two strip shopping centres (Tunstall Square and Jackson Court) from the table.
Page | 24 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
Appendix 1 – Policy Examples
Policies relating to location Surf Coast Gaming machines: Clause 22.08 should be located in major urban settlements which service a large Gaming Policy population catchment. 22/3/12 (C72) may be located outside established townships where they are in a sports or recreation club with a land holding of more than 2 hectares. Yarra Ranges Gaming machines should not be located: Clause 22.08 Gaming In residential zones. Machines 15/7/10 (C77) Maroondah New gaming premises or applications for additional gaming machines should be located to build upon the existing retail and commercial land use pattern Clause 22.16 within the municipality. Gaming Premises New gaming premises should not be located within residential areas unless it 12/11/09 (C60) can be demonstrated that there will be no material detriment on the surrounding residential area. Greater Bendigo Gaming machines should be located proximate to higher order activity centres shown on the map attached to the schedule to clause 52.28-4. Clause 22.28 Gaming 26/3/09 (C110) Hume Policy provides that gaming machines should be located on the periphery of Principal and Major Activity Centres. Clause 22.17 ‘Gaming’ 12/3/09 (C100)
Policies relating to convenience gambling Surf Coast Gaming machines should be located on sites: Clause 22.08 That minimise the likelihood of people passing the venue in the Gaming Policy course of their usual business or everyday activities 22/3/12 (C72) Towards the periphery of town centres and tourism precincts, outside of the main transport, shopping, community and civic functions of the centre/precinct; and Away from foreshore activity areas and key community facilities.
Page | 25 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
Greater Geelong Gaming machines should be located on sites: Clause 22.57 At the periphery of activity centres, outside of the main transport, Gaming shopping, community and civic functions of the centre. 14/10/10 (C168) Yarra Ranges Gaming machines should be located on sites that ... are more than 400 metres from: Clause 22.08 Gaming Machines A railway station or transport interchange. 15/7/10 (C77) Greater Bendigo Gaming machines should not be located on sites where large numbers of pedestrians are likely to pass in the course of their daily activities, increasing Clause 22.28 the likelihood of spontaneous decisions to play gaming machines. Gaming Gaming machines should be located on sites that meet at least one of the 26/3/09 (C110) following criteria: The site is towards the periphery of an activity centre, outside of the main shopping, transport, community and civic functions of the centre, or within walking distance of the edge of an activity centre, The location could reasonably be perceived as a destination in its own right separate from high concentrations of people undertaking daily activities, or At a sports or recreation club with a land holding of more than 2 hectares. Hume Gaming machines should not be located: Clause 22.17 Where they are convenient to shops, community facilities and ‘Gaming’ services or key public transport nodes where large numbers of 12/3/09 (C100) pedestrians are likely to pass in the course of their daily activities.
Policies relating to disadvantage Surf Coast Gaming machines should be located: Clause 22.08 Away from towns where the levels of socio-economic disadvantage are in the bottom 33% as set out in the SEIFA Index of Relative Gaming Policy Disadvantage for Postal Area Codes. 22/3/12 (C72) Away from towns that are classified as having high housing stress.
Page | 26 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
Greater Geelong Gaming machines should be located in areas: Clause 22.57 Where they will contribute to a redistribution of gaming machines Gaming away from disadvantaged areas as defined by the SEIFA (Socio Economic Indicators for Areas) index of Relative Disadvantage. 14/10/10 (C168) Where socio-economic disadvantage is relatively lower. Gaming machines should not be located in areas: Where socio-economic disadvantage is high, as defined by the SEIFA index of Relative Disadvantage. Yarra Ranges Gaming machines should be located in areas: Clause 22.08 Gaming More than 1.5 kilometres from an Australian Bureau of Statistics Machines collection district within the Shire that is within the most socio- 15/7/10 (C77) economically disadvantaged 20 per cent as defined by the SEIFA index of relative disadvantage; Gaming machines should not be located: In areas of high socio-economic disadvantage as defined in the ABS Socio-Economic Indexes for Areas (SEIFA) index of relative disadvantage. Greater Bendigo Policy requires consideration of SEIFA index within a 5km radius and an incorporated document which used the index to develop a map of Clause 22.28 discouraged gaming areas. Gaming 26/3/09 (C110) Hume It is policy that gaming machines should not be located: Clause 22.17 Gaming In areas of high socio-economic disadvantage as defined in the ABS 12/3/09 (C100) Socio-Economic Indexes for Areas (SEIFA) index of relative disadvantage.
Policies relating to sensitive uses Yarra Ranges Gaming machines should be located on sites that ... are more than 400 metres from sensitive community facilities including schools, kindergartens, Clause 22.08 Gaming child care centres, libraries, medical centres, churches and the offices of Machines public and private welfare agencies. 32 15/7/10 (C77) Maroondah New gaming premises should not be located within 400 metres walking distance of residential or community based uses, including schools, Clause 22.16 kindergartens, child care centres, libraries, aged care facilities and churches. Gaming Premises 12/11/09 (C60)
32 Note that a similar provision was not by the Panel Report on Bayside Amendment C98. Page | 27 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
Policies relating to gaming machine and venue density Surf Coast Gaming machines should be located: Clause 22.08 Where the gaming machine densities (based on the permanent Gaming Policy population) are lower than the regional Victorian average. 22/3/12 (C72) Greater Geelong Gaming machines should be located in areas: Clause 22.57 Where the electronic gaming machine density of the locality and its Gaming catchment is equal to or below the overall municipal average. 14/10/10 (C168) Yarra Ranges Gaming machines should be located on sites that: Clause 22.08 Gaming Avoid a concentration of venues in a particular locality Machines Are more than 400 metres from ... another venue which operates 15/7/10 (C77) gaming machines. Maroondah New gaming premises should not be located within 400 metre walking distance of existing gaming premises to avoid a concentration of gaming Clause 22.16 premises. Gaming Premises 12/1/09 (C60) Greater Bendigo Gaming machines should be located in areas that meet at least one of the following criteria: Clause 22.28 Gaming The total density of gaming machines in the suburb and its adjoining suburbs is less than the regional Victorian average. 26/3/09 (C110) The area is identified as a future residential growth area in the Municipal Strategic Statement. Hume Gaming machines should not be located: Clause 22.17 In areas where the average gaming machine density is higher than ‘Gaming’ the average gaming machine density for metropolitan Melbourne. 12/3/09 (C100)
Policies relating to alternative activities Surf Coast Gaming machines should be located: Clause 22.08 Where the community has a choice of non-gaming entertainment Gaming Policy and recreation activities operating during the times that the proposed gaming machines will operate. 22/3/12 (C72) Gaming machines should be located in venues that: Are a destination in their own right; Have a range of entertainment, leisure and/or recreational options other than gaming as the primary purpose of the venue.
Page | 28 Symplan Planning for People Place Purpose
City of Manningham Problem Gambling (Electronic Gaming Machines) Study 2014 Part Three – Planning Policy Framework and Local Planning Policy
Maroondah PSA It is policy that: Clause 22.16 Gaming premises offer a range of non-gaming entertainment and ‘Gaming Premises recreational activities. Policy’ 12/11/2009 (C60) Greater Bendigo Gaming machines should be located where there is a reasonable choice of alternative non-gaming entertainment and recreation facilities, including Clause 22.28 facilities proposed within 12 months. Alternative non-gaming entertainment Gaming and recreation facilities include hotels, clubs, cinemas, restaurants, bars and 26/3/09 (C110) indoor recreation facilities operating at the same times as the proposed gaming venue will operate.
Policies relating to venue design and operation
Surf Coast Gaming machines should be located in venues that:
Clause 22.08 Have gaming floor area of less than 25% of the total floor area of the venue;
Gaming Policy Will not detrimentally affect the amenity of the surrounding area through their appearance, signage or generation of noise and disturbance; and 22/3/12 (C72) Do not allow for 24 hour-a-day operation
It is policy to discourage the display of large, illuminated signage associated with electronic gaming activities.
Maroondah PSA It is policy that: Clause 22.16 ‘Gaming Premises Policy’ Where a gaming area is co-located with non-gaming areas, access to the non-gaming areas should not be through the gaming area. 12/11/2009 (C60) The gaming area should have access to natural light and should allow patron surveillance of outdoor areas.
The gaming premises should not have a detrimental impact on the amenity of the area, (including through the emission of noise and patrons arriving and leaving the gaming premises).
The hours of operation are appropriate given the context of the site and the surrounding area.
Greater Bendigo Gaming machines should not be located in venues that have 24 hour a day operation, or have a gaming floor area of more than 25 per cent of the total floor Clause 22.28 area of the venue.
Gaming Gaming machines should not be located where the gaming or any associated use will detrimentally affect the amenity of the surrounding area by way of design, location 26/3/09 (C110) or operating hours.
Page | 29 Symplan Planning for People Place Purpose
MANNINGHAM PLANNING SCHEME
18/10/2006 SCHEDULE TO CLAUSE 52.28-3 VC39
Prohibition of a gaming machine in a shopping complex
Name of shopping complex and locality Land description
Jackson Court Shopping Centre, Doncaster Land bounded by Doncaster Rd, Mitchell East St, the rear of the shops on the south side of Jackson Court and (on the east) the Doncaster Reserve
Tunstall Square Shopping Centre, Land on the south side of Doncaster Rd, Doncaster East Doncaster bounded by the land at the rear of the shops fronting the west side of Tunstall Square, Beverley St, Tunstall Rd, and the shops and parking area on the east side of Tunstall Rd
Westfield Doncaster Shoppingtown, Land on the northeast corner of Doncaster Doncaster Rd and Williamsons Rd, Doncaster
The Pines Shopping Centre, Doncaster Land on the northeast corner of Blackburn East Rd and Reynolds Rd, Doncaster East
Bulleen Village Shopping Centre, Bulleen Land on the northwest corner of Grant Olson Avenue and Manningham Rd, Bulleen
PARTICULAR PROVISIONS - CLAUSE 52.28-3 - SCHEDULE PAGE 1 OF 1