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Licensee of CBD Venue Prosecuted for ATM in Same Part of Hotel as Gaming Machines

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Department of Enterprise, Investment and Trade

Licensed venues are being warned to comply with important gaming harm minimisation measures or face enforcement action, after the licensee of an inner Sydney venue was found guilty under the Gaming Machines Regulation 2019, after placing an automatic teller machine (ATM) in an ‘ATM room’ attached to its gaming room.

The licensee of Vbar on Liverpool Street in Sydney’s central business district (CBD) was ordered to pay the prosecutor’s costs in the amount of $5,500 by the local court, after inspectors from Liquor & Gaming NSW found the ATM and the magistrate determined it was in the same part of the hotel as gaming machines were located.

Large text reading ‘ATM’ was also displayed across the door to this room on the gaming room side.

This decision comes following an escalation in enforcement response by Liquor & Gaming NSW in 2023, which has seen 16 penalty notices issued and 13 prosecutions commenced for ATM location breaches.

The Regulatory Operations Executive Director for Liquor & Gaming NSW, Jane Lin, said the position of the ATM was a clear breach of the Gaming Machines Regulation 2019, which stipulates that a licensee must not permit a cash dispensing facility to be located in a part of a hotel or a club premises in which approved gaming machines are located.

The magistrate supported Liquor & Gaming NSW’s interpretation that the clause was not confined to just a gaming room and that the requirement in the regulation applies to ‘a part’ of the hotel.

Her Honour stated in her judgment that the legislative requirement ‘is intentionally to be read as ‘part [of the hotel]’ and that if the legislation was referring to only the gaming room ‘it would say that’’.

“ATMs must be located in a part of the venue completely separate to gaming rooms or any other part of a venue where gaming machines are located, even if the internal design or fit-out of the room acts to screen the ATM,” Lin said. “This is important because having such ready access to cash withdrawals can make it easier for gamblers to lose track of what they are spending while locating ATMs further away from gaming machines can encourage them to have a break in play.

“These requirements are clearly outlined in the Gaming Machines Regulation 2019 and have been further communicated to licensees in an effort to prevent and minimise gambling harm.

“Liquor & Gaming NSW has a zero-tolerance approach for venue operators who do not comply with fundamental gaming harm minimisation measures.”

Liquor & Gaming NSW is focusing on the placement of ATMs and gambling harm minimisation measures involving withdrawals from credit cards as part of a targeted compliance campaign over the summer months.

Inspectors have conducted 437 inspections at high-risk hotels and clubs across more than 30 LGAs since December 1, 2023, and will continue to closely monitor these gaming venues.

As well as the placement of ATMs in gaming rooms, inspectors are targeting:

  • the availability of credit from ATMs on the premises of a venue
  • the visibility of internal gaming-related signage (eg ‘VIP lounge’ ) from outside the venue
  • hotel layouts that compel patrons to pass through a gaming room to access another area (or service) of the venue
  • ensuring that self-exclusion signage is present in gaming rooms
  • minors in gaming rooms or using gaming machines or electronic betting terminals
  • compliance with Gaming Plans of Management

Lin said venues that fail to comply with harm minimisation requirements can expect an enforcement response in the form of large fines, potential disciplinary action or the issue of statutory directions to require that changes be made at a venue.

“Most venues in New South Wales are complying with these measures but there are still too many that don’t take the necessary steps to protect their patrons from gambling harm,” Lin said. “Any operators who attempt to circumvent the legislation will be met with a strong enforcement response.”

Australia

NSW Govt Appoints New Board Members to ILGA

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The NSW Government has made appointments to the board of the Independent Liquor and Gaming Authority (ILGA), including a deputy chairperson and two new members.

Associate Professor Amelia Thorpe and Nicholas Nichles have been appointed following a rigorous public expression of interest selection process. Additionally, existing member Chris Honey has been appointed deputy chairperson.

ILGA is a statutory decision-maker responsible for a range of liquor, registered club and gaming machine regulatory functions including determining licensing and disciplinary matters.

The appointments follow the end of the term of appointment for outgoing deputy chairperson Sarah Dinning, and also fill vacancies that existed on the board.

Mr Honey, who was appointed a member of ILGA earlier in 2024, has been named deputy chairperson until the end of his current appointment term (11 February 2027).

Mr Honey has extensive experience in the advisory and restructuring field, including working extensively in highly regulated sectors.

Associate Professor Thorpe and Mr Nichles have both been appointed for four years commencing 6 November 2024.

Associate Prof Thorpe is with the Faculty of Law & Justice at the University of New South Wales and an Acting Commissioner of the NSW Land and Environment Court.

Mr Nichles was previously a Consul General and Senior Trade and Investment Commissioner for Australian Government agency Austrade, based in the US.

The new appointments bring the ILGA board membership to seven. The new appointments will join chairperson Caroline Lamb, new deputy chairperson Mr Honey and current members Cathie Armour, Jeffrey Loy APM and Dr Suzanne Craig.

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Australia

Australia’s BetStop Receives International Regulatory Award

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The Australian Communications and Media Authority (ACMA) has been recognised with an international award for regulatory excellence for the launch of BetStop – the National Self-Exclusion Register.

The International Association of Gaming Regulators (IAGR) announced that the ACMA received the Regulatory Excellence Award at the 2024 global regulators conference, citing the complex delivery and regulatory challenges that were overcome to create Australia’s first centralised exclusion register.

ACMA Chair Nerida O’Loughlin praised ACMA staff who worked on the initiative and the success of the register in helping people make considered and supported decisions about their gambling.

“BetStop – the National Self-Exclusion Register represents a significant enhancement of consumer safeguards available to Australians who gamble,” Ms O’Loughlin said.

“The IAGR award for regulatory excellence is a recognition of the dedication and collaboration of ACMA staff in delivering this important safeguard, which has supported the more than 30,000 Australians registered to date.”

Figures released in August to mark the register’s first 12 months showed younger Australians embracing self-exclusion, with almost half of registrants aged 30 and under and around 80% aged 40 and under.

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Australia

ALLIANCE PARTNERS TABCORP AND 1/ST CONTENT COMPLETE DEAL WITH THE JOCKEY CLUB OF TURKIYE TO DELIVER TURKISH RACING TO AUSTRALIA VIA SKY RACING

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ALLIANCE PARTNERS TABCORP AND 1/ST CONTENT COMPLETE DEAL WITH THE JOCKEY CLUB OF TURKIYE TO DELIVER TURKISH RACING TO AUSTRALIA VIA SKY RACING
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The Jockey Club of Turkiye (Türkiye Jokey Kulübü, “TJK”) has entered into a long-term agreement with Tabcorp, Australia’s foremost wagering and entertainment company, and 1/ST CONTENT – a key division of 1/ST, the premier racing company in the Americas – to deliver domestic Turkish Racing to Australian fans via Sky Racing.

This breakthrough partnership will allow Tabcorp to distribute live domestic Turkish racing via its suite of market-leading Sky Racing channels in Australia for tote (pari-mutuel) and fixed-odds betting, thereby opening the gateway to broadcast more top-class and competitive Turkish racing to both wagering and non-wagering fans of the sport.

Tabcorp’s wagering arm, TAB, which has retail exclusivity across most of Australia, will be the first wagering operator to offer both vision and betting on racing from Turkey for its customers.

1/ST CONTENT, TJK, and B2E Racing Content, an Irish racing content company, have worked side-by-side to deliver on this opportunity to benefit racing fans worldwide. As TJK’s exclusive long-term partner, not only for international media and wagering distribution but also new pari-mutuel wagering types and fixed-odds technology, 1/ST CONTENT’s trading team and sister company 1/ST TECHNOLOGY’s overarching platform will facilitate the requisite betting architecture and pathways.

A fully-owned subsidiary of Tabcorp, Sky Racing imports and broadcasts over 72,000 international races per year. Now, all of Turkish racing, including highlights such as the world-renowned Gazi Derby, is available to Australian audiences alongside other feature global festivals like this week’s Breeders’ Cup World Championships, the US Triple Crown, the Epsom Derby and Royal Ascot.

Paul Carew, Chief Operating Officer at Tabcorp, said: “Thanks to our wider strategic alliance with 1/ST CONTENT, together with Arena Racing and Racecourse Media Group, Sky Racing continues to strengthen its position as Australia’s passport to the best international racing, and this new deal eloquently demonstrates that point. It’s a partnership that underlines our ongoing dedication to corralling more top-quality racing, this time from Turkey, a country boasting a rich history with thoroughbred racing. Anyone who’s ever seen the Gazi Derby knows this is a nation that loves its horses, and it routinely produces thrilling action together with some breakout trainers and jockeys on the world stage.

“We’d like to thank our good friends at both the TJK and 1/ST CONTENT for facilitating this delivery and integration in trademark seamless fashion. It is exciting for racing operators who are connected with our strategic alliance partners to start enjoying the benefits of our new co-operation.”

Simon Fraser, Senior Vice President International at 1/ST CONTENT, added: “This agreement once again shows the power and flexibility that our recent strategic alliance has secured, with the localized expertise to benefit a host of new global clients. These complementary long-term partnerships are the bloodline for bringing a first-class international racing experience to new audiences.

“This TJK deal also harnesses 1/ST’s broader array of products and services, demonstrating how a growing cohesion between our varied international partners is helping to return value to the genuine stakeholders of the sport in any given jurisdiction.

“Tabcorp naturally represent a strong and enduring collaboration for 1/ST CONTENT in the Australian market. Their distributional scope across digital and retail is second to none, while their local expertise is always a guiding hand for our delivery. We also look forward to further leveraging this relationship by delivering Turkish racing via Sky Channel to Tabcorp’s Asian customers in early 2025.”

Tuncel Aydın, Chief Executive Officer at TJK, commented: “Tabcorp’s Sky Racing is all about expanding the variety of premium international racing, and we’re thrilled to have added our exclusive Turkish content to this all-encompassing gateway for the finest assemblage of worldwide racing.

“We have already been impressed by the accuracy and reliability of 1/ST CONTENT’s betting technology and comprehensive international distribution, so they were our supplier of choice to enable this partnership which will drive growth and diversified revenues for our own domestic racing.”

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