Caps on EGM numbers The imposition of municipal and regional caps on the maximum number of EGMs permissible in a local government area is the State Government’s response to a concentration of gaming venues. Community Typically the community is considered to be the population of the municipality for a gaming application. However, adjoining municipalities may also be considered if the venue is in close proximity to the municipal boundary and if the local Council or community has made submissions in relation to the application. Factors associated with net community benefit The following factors can contribute to the potential for an application to achieve net community benefit: transfer of EGMs from areas of high to low disadvantage renovations and provision of additional or different non-gambling facilities and activities reduction in trading hours non-statutory community contribution allocated to problem gambling services screening between gaming and non-gaming areas. Relevant considerations the two Applicable Acts Specific considerations are provided for by the Gambling Regulation Act 2003 and Planning and Environment Act 1987. The Tribunal has recognised that although the application regimes under the Planning and Environment Act 1987 and the Gambling Regulation Act 2003 are separate, they are also linked and overlap (refer to Table 2). Table 2 lists the factors that are relevant in considering applications under the two Acts, and then shows how they apply under each Act. Table 2 –Planning and gaming considerations under the relevant legislation: similarities and differences Factor Gaming approvals Planning permits Legislative instrument Gambling Regulation Act 2003 Planning and Environment Act 1987 Social and economic impacts Key decision-making factor Only required to consider Community benefit Achievement of neutral or positive community benefit a statutory requirement Net community benefit a material consideration but not a statutory requirement Community Considered at a municipal scale Surrounding uses and communities typically within 400m and patrons within 2.5km Assessment factors Suitability of venue, for instance focus on design, operations and harm minimisation Suitability of location and premises for instance focus on land use Decision-making authority Gaming Commission Responsible authority – either Council or the Minister for Planning
Venue features, design and operations continued Venue design Data Source Yes No Comment Gaming room visible from front entrance Site visit and/or app docs Gaming room visible from activities Site visit and/or app docs Gaming room visible and audible from children’s play area Site visit and/or app docs Gaming room accessed without having to pass through non-gambling activities. Site visit and/or app docs EGMs visible from footpath and street Site visit and/or app docs Smoking area attached to gaming lounge. Site visit and/or app docs Serving of alcohol Data Source Yes No Comment Alcohol served in gaming room after other areas of venue closed. App docs operations and management Data Source Yes No Comment Venue operates a rewards system. Site visit and/or app docs Only proposes statutory harm minimisation measures. App docs Only proposes statutory community contributions App docs Incorporates other gambling activities Site and/or app docs Has gambling as the main form of entertainment Site visit and/or app docs Potential to contribute to convenience gambling The indicators in this section relate specifically to the land use aspects of the proposal that determine the extent to which the proposal could result in convenience gambling. These indicators are more relevant to an application for a planning permit considered under the Melbourne Planning Scheme and the Planning and Environment Act 1987. Land uses adjoining proposal site Data Source Yes No N/A Comment EGM gambling venue Site visit Shopping complex Site visit Strip shopping centre Site Welfare and support agency Site Train station Site visit Bus stop Site visit Tram stop Site visit Social housing Site visit Student accommodation Site visit Tertiary education facility Site visit
sourced from within City of Melbourne Complementary expenditure increased in the City of Melbourne App docs Potential for the proposal to stimulate competition App docs Potential to stimulate tourism App docs Creation of additional employment sourced from the City of Melbourne App docs Government revenue through taxes App docs Retention of expenditure within City of Melbourne App docs Potential harms Social Data source Yes No N/A Comment Results in transfer of expenditure to areas displaying high levels of socio-economic disadvantage App docs Results in transfer of EGMs to areas displaying high levels of socio-economic disadvantage App docs Potential to increase gambling related crime and disturbance Stakeholder engagement Exposure of gaming employees to gaming App docs Community concern with proposal Community survey, objections and submissions Potential to increase demand for health, welfare and support services Stakeholder engagement Economic Data source Yes No N/A Comment Potential diversion of trade from existing businesses Stakeholder engagement Appendix 3 Key EGM data 2015–16 Indicator City of Melbourne Average metropolitan Melbourne Victoria