7 Business
7.1 Report
of Gaming Relocation Appeal - On - SBS NZ Limited - 536219 - Rossco's Cafe and
Bar
File
Number: A11206007
Author: Hemi
Leef, Corporate Solicitor
Authoriser: Sam
Fellows, Corporate Solicitor
Purpose of the Report
1. To outline the
background behind the decision and provide information for the committee to
decide on the appeal.
|
Recommendations
That the Regulatory Committee:
(a) Determine the outcome of the
appeal.
|
Background
2. On 27 September
2019 Tauranga City Council received the Gambling Venue Relocation Consent
Application – Rossco’s Café and Bar, 40 Wharf Street,
Tauranga to Worlds End, Shop 7, Fraser Cove 229-233 Fraser Street, Tauranga. A
copy of the application is enclosed as attachment “1”.
3. On 15 October 2019
Tauranga City Council declined the relocation application. A copy of the letter
is enclosed as attachment “2”.
4. On 18 October 2019
True Legal Limited requested reconsideration of the decision. A copy of the letter
is enclosed as attachment “3”.
5. On 31 October 2019
True Legal Limited appealed the decision dated 15 October 2019. A copy of the application
is enclosed as attachment “4”.
Discussion
6. Rossco’s was
until recently licensed as a tavern. The renewal of the on-licence was
opposed by the inspector on the basis that the premises was not trading as a
tavern and that the focus was the gaming machines. The matter was heard
by the District Licencing Committee (“DLC”) who declined the
renewal.
7. The applicant
appealed that decision and the DLC decision was heard by the Alcohol Regulatory
and Licensing Authority (“ARLA”) who ruled that the decision
of the DLC was correct. Rossco’s ceased trading as a tavern on 5
September 2019 and the operation of the gaming machines at this site also
ceased at that time.
8. World’s End
(the premises to which it is proposed to move the 18 machines) has always only
been permitted to operate 9 gaming machines.
9. The application to
relocate 18 gaming machines from Rossco’s in Wharf Street was declined by
the General Manager: Regulatory and Compliance, after reviewing the intent of
the recently reviewed Gambling Venues Policy (the “Policy”).
10. The purposes of the policy
relevant here are:
(a) To control the growth of class
4 and TAB venue gambling in Tauranga.
(b) To minimise the harm to the
Tauranga community caused by class 4 and TAB venue gambling.
11. In the current situation
Tauranga City Council considered that doubling the number of gaming machines at
World’s End, which is double the maximum number allowed for by s94 of the
Gambling Act 2003 (the “Act”) for venues with a venue
licence granted after commencement, did not meet these purposes.
12. For clarity the venue licence
for Rossco’s was granted prior to the commencement of the Act and
World’s End after the commencement of the Act.
13. Section 5.5 of the Policy was
found to apply to this situation and that no additional gaming machines may be
operated at Class 4 Venues with (should read within) the Tauranga City boundaries.
A Copy of the Policy is enclosed as attachment “5”.
14. Section 5.5 of the policy also
states:
For
clarification:
• where
Council receives an application to relocate a Class 4 venue, the maximum number
of gaming machines at the relocated venue shall be the maximum number of gaming
machines at the venue before relocation.
15. Clause 5.4 of the Policy
states that “No new Class 4 or TAB Venues may be established within the
Tauranga City boundaries.” It goes on to note that “Council may
consider granting consent for relocation of existing Class 4 Venues or TAB
Venues, if the premises cannot continue to operate at the existing venue
site.”
16. Section 97A outlines the
effect of relocation and states that
(1)
This section applies when—
(a) a territorial
authority has adopted a relocation policy (as defined in section 101(5)); and
(b) in
accordance with that policy, the territorial authority grants consent in
respect of a venue (the new venue) to replace an existing venue (the old
venue); and
(c) a new class
4 venue licence is granted in respect of the new venue.
17. World’s End is not a
“new venue” with a new class 4 licence but an existing venue
with an existing class 4 licence.
18. Tauranga City Council does not
have a policy that allows a society to close an existing venue as part of an
application for a new venue as Hamilton City Council does and as the appellant
relies on.
19. Tauranga City Council also
understands that the appellant has yet to receive approval from the Department
of Internal Affairs and has received a Proposal to Refuse the licence for the
venue.
Next Steps
20. The Committee determines the
appeal.
Attachments
1. Application 27
September 2019 - Gaming Relocation - The Lion Foundation 2008 - Rossco's Cafe and
Bar - PL32669 - A11205603 ⇩ 
2. Declined Letter -
Gaming Relocation - The Lion Foundation 2008 - Rossco's Cafe and Bar - PL32669
- A11205618 ⇩ 
3. Rosscos
Relocation Letter 18 October 2019 - A11205621 ⇩ 
4. Rosscos
Relocation - Notice of Appeal - A11205633 ⇩
5. Gambling Venues
Policy - A11205737 ⇩
