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Department of Enterprise, Investment and Trade
After a licensee in inner Sydney was found guilty of violating the Gaming Machines Regulation 2019 for placing an ATM in a ‘ATM Room’ that was attached to the gaming room, licensed venues are warned to comply with the important measures to minimise harm from gaming or face enforcement actions.
The local court ordered the licensee of Vbar in Sydney CBD’s central business district to pay $5,500 in prosecutor’s fees after Liquor & Gaming NSW inspectors found the ATM. The magistrate also determined that it was located in the same area of the hotel where gaming machines were.
The door of this room was marked with a large ‘ATM” sign.
This decision follows an escalation of enforcement responses by Liquor & Gaming NSW, in 2023. 16 penalty notices were issued and 13 prosecutions were commenced for ATM locations.
Jane Lin, Executive Director of Regulatory Operations for Liquor & Gaming NSW said that the location of the ATM is a clear violation of the Gaming Machines Regulation 2019. This regulation states that a licensee cannot allow a cash dispenser to be located within a hotel, club or other premises where gaming machines have been approved.
The magistrate agreed with Liquor & Gaming NSW that the clause did not apply to a single gaming room, but that it applied to ‘a portion’ of the hotel.
In her judgement, Her Honour stated that the legislative requirement “is intended to be read as part [of the hotel]” and that if it was only referring to the gaming room then ‘it would state that’.
Lin stated that “ATMs should be placed in a separate area from gaming rooms, or any other place where gaming machines can be found. This is true even if the interior design of the room serves as a screen for the ATM.” This is because the ease of cash withdrawals makes it easy for gamblers lose track of their spending. ATMs located further away from gaming devices can encourage players to take a break.
These requirements are clearly laid out in the Gaming Machines Regulation 2019. They have also been communicated to licensees to help prevent and minimize gambling harm.
“Liquor & Gaming NSW takes a zero tolerance approach to venue operators that do not adhere to fundamental gaming harm minimisation mechanisms.”
As part of a targeted campaign to ensure compliance, Liquor & Gaming NSW will focus on placing ATMs as well as gambling harm minimisation methods involving withdrawals using credit cards.
Since December 1, 2023, inspectors have conducted 437 checks at high-risk clubs and hotels in more than 30 LGAs. They will continue to monitor these gaming venues.
Inspectors will also be looking at:
- The availability of ATMs within a venue
- The visibility of internal signage related to gaming (e.g. ‘VIP Lounge’) from the outside the venue
- Hotel layouts which force patrons to go through a casino to reach another service or area of the venue
- Signs indicating self-exclusion should be displayed in gaming rooms
- Minors using electronic gaming terminals or gaming machines in gambling rooms
- Compliance with Gaming Plans of Management
Lin stated that venues who fail to comply with the harm minimisation requirements may face enforcement action in the form large fines, possible disciplinary actions or the issuing of statutory directives to make changes at the venue.
Lin stated that “most venues in New South Wales comply with these measures, but there are still many who don’t make the necessary steps to safeguard their patrons against gambling harm.” “Any operators that attempt to circumvent legislation will face a tough enforcement response.”
