LIQUOR & GAMING REVIEWLIQUOR & GAMING REVIEW IQUOR AMING EVIEW LIQUOR & GAMING REVIEWLIQUOR & GAMING REVIEWL LIQUOR & & GGAMING REVIEWR LIQUOR & GAMING REVIEW LIQUOR & GAMING REVIEWIQUOR AMING EVIEW LIQUOR & GAMING REVIEW LIQUORLIQUOR & & G GAMINGAMING REVIEW REVIEW LIQUOR & GAMING REVIEWL & G R LIQUOR & GAMING REVIEW LIQUOR & GAMING REVIEWLIQUOR & GAMING REVIEW LIQUOR & GAMING REVIEW LIQUOR & GAMING REVIEW IQUOR AMING EVIEW Have a Complaint?L & G R LIQUOR & GAMING REVIEW LIQUOR & GAMING REVIEW about the conduct of gaming or the sale of liquor. DEPARTMENT of TREASURY and FINANCE • New Executive Director/Commissioner • Heat Night Club – Cancellation Refused • Smoking and Outside Areas • AHA v Licensing Board - Full Court Appeal • Christmas and New Year Trading The Official Newsletter of the Liquor and Gaming Branch of the Issue 4 Volume 2 Department of Treasury and Finance Your quarterly update on news, changes and improvements from the Liquor and Gaming Branch Spring2006 LIQUOR & GAMING REVIEWLIQUOR & GAMING REVIEW IQUOR AMING EVIEW LIQUOR & GAMING REVIEWLIQUOR & GAMING REVIEWL LIQUOR & & GGAMING REVIEWR LIQUOR & GAMING REVIEW LIQUOR & GAMING REVIEWIQUOR AMING EVIEW LIQUOR & GAMING REVIEW LIQUORLIQUOR & & G GAMINGAMING REVIEW REVIEW LIQUOR & GAMING REVIEWL & G R LIQUOR From& theGAMING REVIEW LIQUOR & GAMING REVIEWLIQUOR & GAMING REVIEW LIQUOR & GAMING REVIEW LIQUOR & GAMING REVIEW IQUOR AMING EVIEW Executive DirectorL & G R LIQUOR & GAMING REVIEW LIQUOR & GAMING REVIEW Wendy Sawford I was appointed Executive Director of Revenue, ideally breaches do not occur in the first place, and cooperate to find solutions Gaming and Licensing on 14 August, following to problems when they do arise the resignation of Peter Coe. As this is my first article for Liquor & Gaming Review, it would be A good example of where a cooperative approach has been successful is in appropriate to tell you a little bit about myself. dealing with late night noise and disturbance issues. Thanks to the cooperation between the Branch, Tasmania Police, councils, in particular the Hobart City My first job, after graduating from the University of Council, and licensees, concerns about noise and disturbance have been Tasmania with a Bachelor of Economics degree, was reduced. In this edition of the newsletter, you will find an article on late night with the Australian Taxation Office (ATO). After the trading agreements, which have been instrumental in reducing noise and ATO, I worked at the Australian Bureau of Statistics for disturbance. I look forward to this cooperation continuing. a number of years, and then the Department of Premier and Cabinet before joining Treasury in September 1986. Also in this newsletter, you will find an article about the Licensing Board’s decision on my application to cancel the Heat Night Club licence. While the Until my recent appointment, I worked in the Economic and Financial Policy Board’s decision is disappointing to me as Commissioner, it does demonstrate Division of Treasury and most recently was Director, Intergovernment and that the separation of powers between the Commissioner and Board is Financial Policy. In this position I had, among other things, policy responsibility effective. This is important in ensuring the integrity of our licensing regime. for revenue, gaming and licensing. The controversy over the Heat Night Club licence did focus attention on some community concerns about the suitability of some licensees. The Board’s I first became involved in gaming issues in the early nineties when the decision, and reasons when they are available, will provide me with some Government decided to allow gaming machines in licensed clubs and hotels. I guidance on the Board’s interpretation of the requirement that licensees and was closely involved in the development of the framework for regulating gaming their associates be of ‘good repute, having regard to character, honesty and machines and the Gaming Control Act 1993. I became involved with licensing integrity’. policy more recently, following the National Competition Policy Review of the Liquor and Accommodation Act 1990. Particular projects I have been involved In October, Betfair officially launched its Tasmanian operations. The experience with include the amendments to the Liquor Licensing Act 1990 to remove of licensing and regulating Betfair, a huge international technological based accommodation licensing and introduce annual licence fees. gaming operation, has brought home the challenges of regulating gaming in an environment of rapid technological change. Increasingly we are going to Given my background, I think I bring with me a good knowledge of the broad face similar issues with more traditional forms of gaming as new technology regulatory framework applying to gaming and licensing, but would be the first is introduced. Adapting our regulatory framework for gaming, which was to admit that I have much to learn from a practical perspective. originally developed for land based gaming operations, will be a significant challenge for the Gaming Commission and the Branch going forward. Both liquor and gaming can have benefits when consumed in small quantities. However, when consumed to excess, they have serious impacts for the individual We are approaching a busy time of year for venues as people celebrate Christmas and the wider community. It is because of this potential for harm that they are and the completion of another successful year. It is particularly important over regulated. The Gaming Control Act and the Liquor Licensing Act provide the this period that licensees and their staff keep in mind their obligations for the capacity for various sanctions to be imposed when this legislation is breached, responsible service of alcohol and gaming. with the ultimate sanction being suspension, or even cancellation of licences. While these sanctions will be used when necessary, it is much better that we I would like to take this opportunity to wish everyone a very Merry Christmas work with licensees to make sure they understand their responsibilities, so and a Happy New Year. Index 2 • Industry Forums with the Commissioner 7 • Surveillance Standards – Amnesty Ends 3 • Heat Night Club – Cancellation Refused • Poker Tournaments and Gaming Premises • Crowd Controllers and the Liquor Act 8 • Disciplinary Actions Taken by the Tasmaninan • Hobart Late Night Trading Agreement Gaming Commission • Review of Gaming Exclusions • Christmas and New Year Trading 4 • Smoking and Licensed Premises 9 • Gaming Licence Movements • AHA v Licensing Board – Full Court Appeal • Liquor Licence Movements • Tasmanian Gaming Commission – Annual Report 10 • Liquor Licence Movements (Cont.), Transfers, 5 • Betfair Launches Australian Business Licences Issued • Review of Minor Gaming 11 • Have a Complaint? 6 • Decisions of the Licensing Board Liquor and Gaming Branch – Contact list Hobart: Launceston: 2nd Floor General enquiries (03) 6233 2475 3rd Floor General enquiries (03) 6336 2261 80 Elizabeth St Fax No (03) 6234 2886 Henty House Fax No (03) 6336 2799 1 Civic Square GPO Box 1374 Email address: Hobart 7001 [email protected] PO Box 972 [email protected] LauncestonDEPARTMENT 7250 of Website: Department of Treasury and Finance – containing links to Tasmanian Gaming Commission and Liquor Licensing. www.treasury.tas.gov.au/ 1. TREASURYLiquor & Gaming Review and FINANCELiquor & Gaming Review LIQUOR & GAMING REVIEWLIQUOR & GAMING REVIEW IQUOR AMING EVIEW LIQUOR & GAMING REVIEWLIQUOR & GAMING REVIEWL LIQUOR & & GGAMING REVIEWR LIQUOR & GAMING REVIEW LIQUOR & GAMING REVIEWIQUOR AMING EVIEW LIQUOR & GAMING REVIEW LIQUORLIQUOR & & G GAMINGAMING REVIEW REVIEW LIQUOR & GAMING REVIEWL & G R LIQUOR & GAMING REVIEW LIQUOR & GAMING REVIEWLIQUOR & GAMING REVIEW LIQUOR & GAMING REVIEW LIQUOR & GAMING REVIEW IQUOR AMING EVIEW Industry Forums with the Commissioner L & G R LIQUOR & GAMING REVIEW LIQUOR & GAMING REVIEW On 8 and 9 August 2006 the first in a new series of Commissioners Q: Can drinkers take their drink outside with them meetings with licensees were held. Present were the outgoing when they want a smoke? Commissioner Peter Coe, incoming Commissioner Wendy Sawford, Director of Liquor and Gaming Bert Elson and Police A: In most cases the answer is NO - unless the premises is licensed representatives. for off sales and the outside area is council approved. Outside occupancy areas only apply until midnight. Smokers can smoke in The objective of the meetings is to allow licensees on a regular the street provided they are a suitable distance from any entrance. basis to receive an update on topical liquor licensing issues which However, it is a strong preference of Police and the Liquor and affect them. Both meetings were well attended with 25 licensees at Gaming Branch that licensees provide smoking areas – off the the Launceston meeting and almost 60 at the Hobart meeting. pavement where practicable. Issues raised included the following: Q: Can a bar employee who is not a qualified crowd Q: Will the carriage of an identity document be made controller ask a patron to leave? mandatory? A: YES. The Act does allow the licensee or an employee acting on A: While carriage of an identity card is not mandatory, the licensee behalf of the licensee to ask someone to leave. The intent is that if or crowd controller must satisfy themselves that a person is over the person’s sole role is being at the front door monitoring/screening 18. If a person does not have suitable proof of age when asked by patrons