This Policy has been prepared in accordance with Section 101 of the Gambling Act 2003 and section 65D the Racing Act 2003.

Transcription

1 GAMBLING VENUE POLICY REVIEW STATEMENT OF PROPOSA L September INTRODUCTION This Policy has been prepared in accordance with Section 101 of the Gambling Act 2003 and section 65D the Racing Act Both Acts require territorial authorities (district councils) to have a policy that guides if, where and how many Class 4 (pokies) and New Zealand Racing Board (TAB) venues may be established in the district. Both Acts require that these policies be reviewed every three years. Gisborne District Council ( Council ) have had a single combined policy for Gambling Venues (Class 4 and Board venues) since the legislation was introduced in This policy was last reviewed in 2012 and remains in effect until Council adopts the reviewed policy. The intention is for a revised policy to be in place by early BACKGROUND 2. 1 C L A S S 4 VE N U E S In the Gisborne District there are 14 venues licenced to operate pokie machines. These venues are all within the Gisborne urban area, except for one in Ruatoria. Collectively the venues operate 209 machines. This is an average of between 9 and 18 pokie machines in each venue. Council no longer receives applications for new class 4 venues because of the sinking lid clause in the existing policy that has been effective at capping, (or freezing) the number of venues in the district. The sinking lid: - Restricts the establishment of any new class 4 gambling venues; and - Prohibits any increase in the number of machines in the District; and - Prohibits the issuing of a new territorial authority consent if a Department of Internal Affairs (DIA) licence lapses for a period of more than six months at an existing venue; and - Prevents venue operators from relocating (unless they wish to surrender their pokie machine licence). Gambling Venue Policy Review - September

2 2. 2 N E W Z E A L A N D R A C I N G B O A R D ( T AB ) V E N U E S There are currently two Board venues in the district. Both operate pokie machines. There are also NZ Racing Board kiosk facilities in clubs across the district. These are automated internet sports betting machines that allow individuals to place their own bets. Territorial authority consent is not required to install an internet sports betting kiosk in any establishment. Board venues are defined as standalone, even when they have pokie machines and or operate as a bar or entertainment venue. This is because their territorial authority consent would have been assessed and issued under the Racing Act (2003). 3. PROPOSED CHANGES TO THE GAMBLING VENUES POLICY 3. 1 T H E R E S U L T S O F T H E R E V I E W The review of the 2012 policy has highlighted the need to shift the emphasis of the Gambling Venue Policy slightly to better reflect current conditions. Increasing the guidance for assessing applications for consent for Board venues is one example of this shift of emphasis. In doing so the policy is more balanced providing equal guidance on both gambling types (whereas previously is was skewed towards class 4 venues). It also increases in relevance because: - Some of the guidance is out of date. This has happened because establishing new class 4 venues is prohibited, meaning council no longer receives applications to establish new pokies venues. - New NZ Racing Board products that make sports betting more accessible, for example the automated internet sports betting kiosks are not always reflected in legislation. For this reason there is an acknowledgment in the policy that this is a growth sector for gambling in the district that Council as the territorial authority has almost no ability to influence with the exception of proposing a cap of Racing Board venues. - It attempts to address some of the unintended consequences arising from the sinking lid policy (see discussion at 2.4.2) The full list of proposed changes to the 2012 Gambling Venue Policy and the reasons for those changes are described here (3.2, 3.3, & 3.4): Gambling Venue Policy Review - September

3 3. 2 N E W Z E A L A N D R A C I N G B O A R D ( T AB ) V E N U E S The proposed Gambling Venue Policy 2015 inserts new clauses that: a. Provide guidance for territorial authority consent decisions; and b. Cap the total number of Racing Board venues in the Gisborne District at two. The reasons for Council seeking to introduce greater guidance as well as restrictions for Board venues include: 1. Providing a complete set of guidance (rather than piecemeal) to better support the Environmental Health team to assess and make decisions on territorial authority consents. 2. Better alignment with the direction given to territorial authorities in the Racing Act 2003 to have regard to any relevant matters, including (c) the cumulative effects of additional opportunities for gambling in the district. 3. Enabling Council to support responsible gambling. 4. Enabling Council to minimise harm caused by problem gambling within the District. 5. Better alignment with Councils Community Outcomes of Tairāwhiti Tangata (our people) and Tairāwhiti Taonga (our environment, culture and economy). Council is aware that some venues have automated internet sports betting kiosks. Territorial authority consent is not required to operate these under the current legislation. Technology and innovation are likely to always be ahead of legislation so all Council can do is work within the provisions of existing legislation with a view to future amendments. Capping standalone Racing Board venues and stipulating where they my relocate to, and under which circumstances is the limit of control Council has in this regard R E L O C A T I O N O F R A C I N G B O A R D V E N U E S A N D C L A S S 4 V E N U E S The proposed Gambling Venue Policy 2015 inserts new clauses that: a. May permit a Board venue or a Class 4 venue to relocate, subject to conditions that are clearly defined in the policy. The reasons for Council seeking to introduce relocation clauses include: 1. Compliance with recent legislative changes (to the Gambling Act (2003) which require Council to consider a relocation policy as part of this particular review of its Class 4 gambling venues, if it does not already contain one. 2. Capitalising on an opportunity to improve the consistency of regulation and of guidance provided in the policy across both gambling venue types. 3. Responding to some of the unintended impacts of the sinking lid policy. Gambling Venue Policy Review - September

4 4. To provide better guidance for assessing the territorial authority consents required for both Class 4 and Board venue relocations. Gisborne District does not distinguish one type of gambling to have any more potential for harm caused by problem gambling than another. For this reason the proposed Gambling Venue Policy (2015) seeks to amend the 2012 policy to allow Class 4 venues to relocate in certain circumstances. Currently there are no Board venues without pokie machines in the Gisborne District, therefore additional guidance is required to make the process for considering applications on all variations of the policy theme more transparent and consistent. The current Gambling Venues Policy (2012) prevents Class 4 venues from relocating. If an operator wishes to move premises, this means surrendering their licence to operate pokie machines in the district. This has previously been a cornerstone of the sinking lid clause because once a venue chooses to move there will be a permanent reduction in the number of pokie machines in the district. Under the proposed policy the sinking lid clause is unchanged. Introducing a relocation clause might entice venues that are currently located in an area that is borderline to sensitive land uses (like a kindergarten, early childhood centre, school, place of worship, marae or other community facility) to a more appropriate location within the Inner Commercial area U N I N T E N D E D C O N S E Q U E N C E S O F P R O H I B I T I N G R E L O C AT I O N Over time it has become clear that there may be some unintended consequences from preventing class 4 venues from relocating (within a specified area). These include: 1. Class 4 venue operators can become captive to a venue. This can lead to landlords being reluctant to maintain premises to a high standard because the lease will be protected by the gaming societies, should the venue operator decide to leave. 2. The impact of Class 4 venues taking on a rundown appearance translates into making certain streets in the CBD look and feel undesirable for other CBD users to be around. The proposed gambling venue policy 2015 retains the sinking lid policy but allows for relocation under set circumstances and only within the Inner Commercial Zone where it is classed as a permitted activity in the District Plan and where the venue is at least 100m from any kindergarten, early childhood centre, school, place of worship, and marae or other community facility. Gambling Venue Policy Review - September

5 3. 4 G E N E R AL M I N O R R E F I N E M E N T S A desk-top study of the gambling venue policies of other local councils who have similar community profiles was carried out as part of this policy review. The benefits of doing this include identifying: - Best practice in local government policy practice; - Similarities and consistencies in approach; - What aspects of proposed gambling venue polices were strongly supported by the community and hearings committees; and - What aspects of proposed gambling venue polices were strongly opposed by various stakeholders. The case studies helped us to refine the 2012 policy so that it is more in line with the gambling venues polices of other similar local government areas. Generally speaking where content has been deleted from the 2012 policy it is because it did not contribute directly to meeting the proposed (2015) policy objectives; or has become obsolete. All of the clauses in the proposed gambling venue policy (2015) now sit beneath a set of objectives and reflect a more direct line of logic, or golden thread between what Council seeks to achieve by adopting this policy, and what it will do to implement it. A table describing all proposed amendments is included in this Statement of Proposal at page nine. 4 CONTEXT FOR THIS REV IEW 4. 1 L O C A L T R E N D S As described previously Gisborne District Council operate a sinking lid clause in its Gambling Venue Policy. Under s101.5 of the Gambling Act (2003) Council may restrict the maximum number of gambling machines that may be operated at venues. This is what the sinking lid clause does. Over time as pokie machines are relinquished, they are not replaced, resulting in the number of machines throughout the District falling. This is the current approach Council Policy takes with regards to Class 4 Gambling. No change to the sinking lid clause is proposed. The number of machines have not changed since the last review. The Table here shows the Class 4 venues in the Gisborne District and the number of pokie machines in each. Gambling Venue Policy Review - September

6 Name Currently Operating Aladdin Bar 18 Brezz n Sportsbar 18 Gisborne 2nd NZEF Association 14 Gisborne Cosmopolitan Club Inc 18 Shipwreck Bar 18 Gisborne RSA Club 15 Gisborne Tatapouri Sports Fishing Club 12 Sugar & Spice 18 Pick Six Kaiti TAB 15 Uncle Val s 18 The Rivers 9 Bollywood Spice Bar 9 Ruatoria Hotel 10 (Operating 9) Racing Board Venue TAB 18 As of February 2015 there were 14 Class 4 venues in the Region, containing a total of 209 pokie machines P R O B L E M G AM B L I N G H AR M M I N I M I S AT I O N The purpose of the Gambling Act 2003 (Part 1 s.3) is to: - Control gambling; - Prevent and minimise harm; - Facilitate responsible gambling; - Ensure integrity and fairness; - Limit opportunities for crime and dishonesty; - Ensure that money from gambling benefits the community; and - Facilitate community involvement in decisions about the provision of gambling. Gambling Venue Policy Review - September

7 Part 4 of the Gambling Act 2003 Harm prevention and minimisation, enforcement and other matters is a significant section of the Act in terms of the onus it puts on holder of Class 4 venue licensees to protect all gamblers from themselves but more particularly in respect of identifying and dealing with problem gamblers. Every holder of a Class 4 venue licence must develop a policy for identifying problem gamblers which often includes training on how to spot a potential problem gambler and under the Gambling Act 2003, has the ability to ban problem gamblers. Likewise a self-identified problem gambler can ask to be banned E N T E R T AI N M E N T Gambling can be a harmless entertainment activity from which people derive personal enjoyment and positive social effects. For example, a Department of Internal Affairs survey, People s Participation in, and Attitudes to, Gambling, found, in the 2005 study, that 60% of participants said they gambled on Class 4 gaming machines as a form of entertainment, and 16% as a way to be with people or get out of the house A 2007 research project, Whakatau Mai Ra: The Impacts of Gambling for Maori Communities: A National Maori Collaborative Approach, concluded that socialising, enjoyment, and fun was directly related to more communal activities such as housie and community raffles. Based on the findings, there is a clear view that people genuinely do enjoy participating in gambling activities, and the benefits of being able to socialise with others, particularly whanau members. For a small number, however, gambling becomes a problem that develops into an addiction. The impact on friends and family can be devastating C O M M U N I T Y F U N D I N G The Gambling Act 2003 provides for Class 4 gambling to be permitted only where it is used to raise funds for community purposes. Corporate societies are required under the Gambling Act 2003 to distribute a minimum amount of their proceeds to the community. Detailed information on the recipients and the amount of funding they were allocated is available from individual gaming societies on request. Gambling Venue Policy Review - September

8 4. 5 R E L O C A T I O N P O L I C Y Section 102 (5A) of the Gambling Act 2003 requires that: The first time that a territorial authority commences a review of a policy after the Gambling (Gambling Harm Reduction) Amendment Act 2013 comes into force, the territorial authority must (and may at any other time) consider whether to include a relocation policy (as defined in section 101(5)) in its class 4 venue policy. As this is the first review since the Gambling (Gambling Harm Reduction) Amendment Act 2013 has been in effect, a relocation clause has been included in the proposed Gambling Venue Policy for consideration by the community and Hearings Committee. Section 102 (5B) of the Gambling Act 2003 also requires that: Whenever a territorial authority is considering whether to include a relocation policy in its class 4 venue policy, it must consider the social impact of gambling in high-deprivation communities within its district. The relocation clause has been written in line with Councils community outcomes: - Tairāwhiti Tangata (our people) Gisborne s greatest asset is its people. We are a cohesive, connected, culturally rich and creative community. We have access to and celebrate those things that foster our wellbeing including quality arts, recreational, cultural and educational opportunities; strong health; infrastructure and good jobs. - Tairāwhiti Taonga (our environment, culture and economy) Gisborne is blessed with many natural assets. Our rich coastline, fertile soils, warm climate and abundant freshwater are key to our community s well-being and prosperity. Our unique cultural heritage is a source of enduring pride. We celebrate our dual heritage and collaborate for a healthy future. - Tairāwhiti Wawata (our aspirations realised) Gisborne is a district where we achieve our aspirations, not only locally, but nationally and globally. We are a district that leads and advocates for itself. Citizens are actively involved in community life and Council engages the community in its decision making to achieve our aspirations. Gambling Venue Policy Review - September

9 5 PROPOSED CHANGES TO THE GAMBLING VENUE POLICY Proposed amendment Explanation for this inclusion/removal 1 Inclusion of an introduction - To describe the reason why Council has the policy and the legislation that stipulates what is allowed to be in the policy. 2 Removal of objective 1, 2 & 3: (i) To exercise local influence over the location and extent of Class 4 venues and Board venues. - These either did not fully reflect the intent of the policy or could be reworded to be clearer. (ii) To control the extent of Class 4 gambling within the Gisborne District in a manner which will prevent and minimise the potential harm caused by gambling, particularly problem gambling. (iii) To reduce the number of gaming machines in the Gisborne District to the extent that Council is empowered by the Gambling Act Inclusion of four new objectives (a-d): a. Control the growth of gambling. b. Prevent and minimise the harm from gambling, including problem gambling. c. Facilitate responsible gambling. - These objectives more closely relate to the intent of the policy and the provisions of the Gambling Act and Racing Act in regards to territorial authority decisions on gambling venues. d. Facilitate community involvement in decisions about gambling. e. To recover costs where appropriate. 4 Inclusion of criteria for the establishment of TAB board venues AND for Class 4 venue and pokie machines. 5 Inclusion of criteria for the relocation of TAB Board venues AND for Class 4 venues and pokie machines. - So that there is balanced guidance for both types of gambling venue. - Recent changes in the Gambling Act require councils to consider relocation in their gambling venue policies. We have applied criteria to both types of gambling venue so that there guidance for decision makers on both. Gambling Venue Policy Review - September

10 6 Refinement of definitions by removing references as defined in the Gambling/Racing Act and replacing with actual meaning of the term. - So that the policy can be read without having to refer to legislation just to understand terms used. 6 OPTIONS 6. 1 P R O P O S E D O P T I O N S In line with Councils community outcomes the sinking lid approach is still appropriate and no changes are proposed in this respect. Therefore options for consultation include the additions of a cap on the number of Tab Board venues and a relocation clause. All options are described here: Option 1: Option 2: Option 3: Option 4: Status Quo: No changes are made to the current (2012) policy. General minor amendments to reflect legislation changes and to provide better clarity on the intent of the policy. Introduces a cap on the number of standalone TAB Board venues permitted in the Gisborne District (at the current number of two). Introduces relocation clause in relation to sensitive land uses (under specific circumstances) A S S E S S M E N T O F O P T I O N S 1. Option 1 Status quo no change. Summary: Does not address the redundancies in the policy. Does not reflect changes in legislation and does not make for a clear Policy. 2. Option 2 only. Summary: General minor amendments 3. Option 2 & 3 only. Summary: General minor amendments plus the cap on TAB Board venues 4. Option 2 & 4 only. Summary: General minor amendments plus the relocation clause 5. Options 2, 3 & 4 preferred option. Summary: General minor amendments plus the cap on TAB Board venues plus relocation clause. Gambling Venue Policy Review - September

11 6. 3 P R E F E R R E D O P T I O N Option 5 is the preferred approach. This means that all the general minor amendments are made which will improve the clarity and intent of the policy. It also means that the other amendments to create consistency in the guidance across gambling venue types and to incorporate legislation updates. This approach will remove inconsistencies and provide better clarity in the rest of the Policy. 7 EXPLANATION OF TERMS B o a r d v e n u e : means premises that are owned or leased by the New Zealand Racing Board (TAB) and where the main business carried on at the premises is providing racing betting or sports betting services under the Racing Act C l a s s 4 g a m b l i n g : is the term used to describe non-casino gaming machines (pokies). Under the Gambling Act (2003) class 4 gambling satisfies the following criteria: a. The net proceeds from the gambling are applied to, or distributed for, authorised purposes; and b. No commission is paid to, or received by, a person for conducting the gambling; and c. The gambling, and the conduct of gambling, satisfies relevant game rules; and d. Either i. The secretary has categorised the gambling as Class 4 gambling and not as another class of gambling; or ii. The gambling utilises or involves a gaming machine. C l a s s 4 v e n u e : means a place used to operate class 4 gambling as defined by the Gambling Act C l u b : means a voluntary association of persons combined for a purpose other than personal gain. G a m i n g s o c i e t i e s : are the organisations that own and operate gaming machines and make grants to non-profit community organisations. They are not the venue operators. P r o b l e m g a m b l e r : means a person whose gambling causes harm or may cause harm. S o c i e t y : an association of persons established and conducted entirely for purposes other than commercial purposes. S i n k i n g L i d : refers to the clause in GDC s existing gambling venues policy restricts the establishment of new class 4 gambling venues, prohibits gaming societies from increasing the number of machines in the District and prevents venue operators from relocating (unless they wish to surrender their pokie machine licence). T e r r i t o r i a l A u t h o r i t y : is the term used in the Local Government Act 2002 to describe City and District Councils. Gambling Venue Policy Review - September

12 8 HOW TO GET A COPY OF THE DRAFT POLICY & MAKE A SUBMISSION L o o k i n g a t o r g e t t i n g a c o p y : You can view or get a copy of the draft Gambling Venue Policy (2015) and this Statement of Proposal from Friday 25 September 2015 until 4pm Tuesday 27 October 2015 from: - The Gisborne District Council, Fitzherbert Street building - Te Puia Springs Service Centre - HB Williams Memorial Library - On the GDC - Have Your Say website M a k i n g a w r i t t e n s u b m i s s i o n : You can fill in an online submission form, or write your own and or post it to us. If you write your own please be sure to include your name, address, address and contact phone number. Please also clearly state that it is a submission to the Gambling Venue Policy review, and indicate if you would like to present your submission in person to the Hearings Committee. The hearing of submissions is planned for Wednesday 25 November Submissions on the proposed policy can be made: - On the GDC Have Your Say website - By to: policyreview@gdc.govt.nz - By post: Gambling Venue Policy Review, Gisborne District Council, P O Box 747, Gisborne - Via hand delivery to the front counter at the Gisborne District Council, Fitzherbert Street building or Te Puia Springs Service Centre. SUBMISSIONS CLOSE 4: 00PM ON TUESDAY 27 OCTOBER 2015 Gambling Venue Policy Review - September