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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

Nerida O’Loughlin Reappointed as ACMA Chair

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The Governor-General, His Excellency General the Honourable David Hurley AC DSC (Rtd), has accepted the Albanese Government’s recommendation that Ms Nerida O’Loughlin PSM be reappointed as Chair of the Australian Communications and Media Authority (ACMA).

Ms O’Loughlin has been reappointed for a three-year term, commencing on 14 October 2024, having first been appointed in 2017 and reappointed in 2022.

The Chair has extensive executive and regulatory experience, and is well respected across the sector. Her reappointment provides continuity as the ACMA works to deliver important outcomes for consumers and industry in the communications and media sectors, and implement reforms being undertaken by Government.

In her current term, Ms O’Loughlin has led the ACMA’s work to strengthen telecommunications consumer safeguards, particularly for vulnerable Australians, overseen the establishment of BetStop – the National Self-Exclusion Register and Australia’s first SMS ID Registry – and taken strong enforcement of anti-scam and illegal gambling rules.

Ms O’Loughlin has also led important work on media diversity, misinformation and disinformation on digital platforms, and supported improved digital connectivity through the allocation of valuable radiocommunications spectrum.

Quotes attributable to Minister for Communications, the Hon Michelle Rowland MP:

“I congratulate Ms Nerida O’Loughlin PSM on her reappointment as Chair of the Australian Communications and Media Authority.

“Since her appointment in 2017, Ms O’Loughlin has led the ACMA to deliver important reforms and regulatory activities in the communications and media industries.

“This includes better supporting consumers facing financial hardship pressures in paying their telecommunications bills, mitigating consumer harms in gambling advertising, enforcing anti-scam rules and taking enforcement action against corporations for non-compliance with Australia’s spam unsubscribe rules.

“The Chair’s continuity will provide the Authority ongoing certainty as the Albanese Government continues its important media and digital platforms reform agenda.

“I look forward to continue working with Ms O’Loughlin as the ACMA Chair.”

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Australia

Crown Reinstated at Sydney Casino

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The NSW Independent Casino Commission has found Crown Sydney suitable to retain its casino licence after nearly three years of intensive remediation.

Chief Commissioner, Philip Crawford, said Crown has come a long way and must now demonstrate its long-term commitment to maintaining suitability.

“The NICC is confident the Crown we deemed suitable today has a strong model to keep operating into the future,” Mr Crawford said.

The NICC’s suitability assessment established that Crown Sydney has fundamentally reformed its business and is operating the casino within the objects of the Act, the requirements of the suitability deed, and in compliance with its regulatory obligations.

In addition to proving it can run the casino lawfully, Crown has remediated its business in other meaningful ways such as building a culture of transparency and accountability across its integrated resort.

“Hard work and transformation aside, the NICC has not forgotten the level of misconduct exposed in 2021 when Crown was found unsuitable,” said Mr Crawford.

“Crown Sydney has ongoing work to reach steady state and it must continue to lift standards and maintain its cultural transformation.

“There is and will always be room for improvement, but Crown is a changed business that is looking toward the future.

“Likewise, the NICC is a changed regulator with enhanced powers, a singular focus on casinos, and a mandate to address the risks of harm.

“This decision is a positive outcome for Crown Sydney, its staff, and the community – who can be sure the NICC will use all of its powers to keep the casino in check.”

In addition to the implementation of hundreds of new internal controls, the Bergin-based reforms have been reflected in a new licence and new regulatory agreement between Crown Sydney, the NSW Government and the NICC.

These agreements include updated settings, such as the removal of fetters to the NICC’s powers, as well as previous compensation trigger clauses that are no longer part of the casino legislation.

Mr Crawford said: “Crown cannot disregard the responsibility and privilege that comes with holding a casino licence. Crown Sydney’s ability to provide a destination hospitality and entertainment venue underpinned by the restricted gaming facility is contingent on its steadfast commitment to continuing suitability, accountability and compliance.”

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Australia

Tabcorp Partners with OpenBet’s Sportsbook Technology to Propel Growth and Enhance User Experience

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OpenBet’s robust betting engine and sophisticated trading system to enhance Australian operator’s user experience and operational efficiencies

OpenBet, a leading content, platform and service provider to the sports betting industry, has been selected to supply its scalable betting engine and advanced trading system to Australian wagering giant Tabcorp as the tier-one operator pursues ambitious growth plans.

OpenBet will integrate a series of online and retail products including its fixed-odds betting platform and trading system for its world-class content portfolio to help amplify the offering for Tabcorp’s flagship brand, TAB.

Underpinned by a dedicated excellence team working with TAB for continuous development and innovation, OpenBet’s pioneering technology and services will provide improved agility, scalability and speed-to-market for new and differentiated products that will redefine the TAB user experience. Tabcorp will also benefit from enhanced operational efficiency and streamlined processes through OpenBet’s proven solutions.

As Australia’s largest gaming and betting operator, Tabcorp has a rich history of providing market-leading products to its customers. With more than 3,000 employees, the company continues to grow and aims to further increase its market share over the coming years.

OpenBet’s expertise in operating within some of the world’s strictest regulated markets was a major factor in Tabcorp’s decision in selecting the company as its latest technology provider. Integrating OpenBet’s globally respected platform and products within Tabcorp’s technology ecosystem comprising of proprietary capabilities across trading, digital experience and data is a perfect fit for market leading innovation, enhanced operational capability and delivering an unparalleled user experience to Tabcorp’s customers.

This deal strengthens OpenBet’s reputation as a trusted provider to the global sports betting industry. It currently processes almost half of all digital sports bets placed in the Australian market and with this deal will significantly increase that and, for the first time, bring our retail sports betting capability to Australia. Coupled with Tabcorp’s clear progress on accelerating its transformation and innovation with a focus on agility, product delivery and customer experience, this has the ingredients for a great partnership.

“Being selected by Tabcorp to augment its user experience is an exciting move for us and further cements our position as a trusted provider of robust, hybrid products that drive growth,” the Chief Commercial Officer for OpenBet, Cathryn Lai, said. “We’re looking forward to working alongside the TAB team and providing it with tailored products and services that will usher in a new era for its sportsbook offering. We have no doubt that the operator’s customer base will benefit from an enhanced experience through our unbeatable technology and trading services.”

“We’re thrilled to be strategically partnering with OpenBet to enable our growth ambitions and beyond,” the Trading General Manager for Tabcorp, David Beirne, said. “The combined strengths of Tabcorp’s category expertise and internal capabilities and OpenBet’s advanced core creates a market leading relationship that will lead to increased customer engagement, market share and sustainable profitability.

“This partnership will propel Tabcorp’s trading capabilities to the top of the market as it will allow Tabcorp to utilise OpenBet’s cutting-edge technology to deliver a first-class digital and retail experience for our customers at pace in exciting and innovative ways.

“This partnership is a significant step forward in modernising and supporting our ambitious plans to deliver the next generation sports betting user journey.”

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