Gaming Machines and TAB Venues Policy

This page outlines the Porirua City Council's Gaming Machines and TAB Venues Policy.

Introduction

Under the Gambling Act 2003 all territorial authorities including Porirua City Council (Council) are required to have in place a Class 4 Gambling venue policy. The policy controls the location of new Class 4 (non casino gaming machines or pokies) gambling venues and stand alone New Zealand Racing Board venues (historically known as Totalisator Agency Board or TAB venues).

The policy does not cover any Class 4 or TAB venues licensed on or before 17 October 2001 unless the venue license has not been held for the site for more than six months. The policy also does not cover casinos.

Anyone wishing to establish a Class 4 gambling or TAB venue in Porirua City must gain territorial authority consent from Council under the conditions of this policy before applying to the Department of Internal Affairs (DIA) for the appropriate licences. Consent granted under this policy does not automatically mean that the venue will gain licenses through DIA, nor does it mean that a venue will automatically gain any resource consents that may be required under the Council’s operative District Plan.

While Council recognises that gambling is a legitimate form of entertainment, there is concern about the social impact gambling, and in particular problem gambling, can have in our community. This policy allows for gambling as entertainment, while adopting a harm minimisation approach. Council's objective is to encourage gambling venue operators to contribute to the community and to take a responsible attitude to identifying and assisting those with gambling problems. The scope of Council's Gambling and TAB Venues Policy is limited by the Gambling Act 2003; however Council will continue to work with agencies, community and gaming industry organisations on understanding the patterns of gambling and reducing problem gambling in the city.

Gambling Act 2003

The Gambling Act came into force on 18 September 2003. Under the provisions of the Act territorial authorities must adopt and review Class 4 Gambling and TAB venue policies. The policy must say whether or not gambling venues and TABs can be established in the City. If they will be allowed then the policy must say where they may be located (subject to compliance with any District Plan rule or standards or any issued resource consent). In addition, the policy may specify any restrictions on the maximum number of gaming machines that may be operated at a class 4 venue.

Objectives of the Policy

  • To minimise the harm to the community caused by gambling.
  • To actively manage the growth of pokie machine gambling in the district.
  • To ensure the Council and the community have an influence over the provision and location of new gambling venues in the City.
  • To facilitate responsible gambling within the City.
  • To ensure gaming machines are located within venues where there is a degree of supervision and control of those using the machines to help reduce the risk of problem gambling, and gambling by those under 18 years of age.

Definitions

Class 4 gambling venue: A place at which gambling machines (also known as pokies) are located, or for the purposes of application at which it is proposed that gambling machines be located.

Existing venue: A Class 4 Gambling venue licensed by the Department of Internal Affairs on or before
17 October 2001.

Former venue: A Class 4 Gambling venue that has been licensed by the Department of Internal Affairs but the license has not been held for the site for more than 6 months.

TAB venue: Premises that are owned or leased by the New Zealand Racing Board and where the main business carried on at the premises is providing racing betting or sports betting services under the Racing Act 2003 (the Act). It is noted that the Act specifies that this policy does not apply to Board facilities that are part of another venue.

Unsuitable Class 4 premises: Has the same meaning as Clause 4 of the Gambling (Harm Prevention and Minimisation) Regulations 2004.

Where Class 4 Gambling Venues may be Established

Class 4 gambling venues may only be established within the City Centre and Industrial Zones, as defined in the Porirua City District Plan, subject to:

The venue:

  • Holding either a current 'tavern style on-licence' or 'club' liquor licence under the Sale of Liquor Act 1989; or is a TAB venue.
  • For on-licences, the venue being physically associated and managed in conjunction with any restricted area as set by the liquor licence.
  • The venue is not primarily associated with family or children’s activities, unless the gaming machines are physically and visually separated from areas used for these activities.
  • Obtaining any necessary resource consents under the Porirua City District Plan or Resource Management Act.
  • Meeting application and fee requirements

To avoid doubt territorial consent will not be granted by Council for:

  • Unsuitable Class 4 venues.
  • Amendments or proposals to increase gaming machine numbers for any Class 4 gambling venue, proposed venue, existing venue or former venue outside of the City Centre and Industrial Zones

Where TAB Venues may be Established

TAB venues may only be established in the City Centre and Industrial Zone as defined in the Porirua City District Plan, subject to meeting application and fee requirements.

New stand-alone TAB venues may hold gaming machines, subject to the same conditions as a Class 4 gambling venue.

Gaming Machine Numbers

New gambling venues established in the City Centre and Industrial Zones may have up to the maximum number of gaming machines as set by the Gambling Act 2003 (9 machines per venue).

Territorial consent will not be granted by Council for any application seeking to increase the number of gaming machines at an existing venue. Applications seeking Ministerial discretion to increase the number of gaming machines at a club venue, as the result of clubs merging, will receive consent, subject to the limits prescribed by the Gambling Act 2003.

Predominant Purpose of Class 4 Gambling Venues

Gaming machines must be a secondary activity to the primary purpose of the venue, whether that is sport and recreation or the sale of alcohol or alcohol and food. Territorial consent will not be granted by Council for unsuitable Class 4 venues.

Applications

For new Class 4 gambling venues, applications must be made on the approved form and must provide:

  • A site plan covering both gambling and other activities proposed for the venue including details of each floor of the venue
  • Name and contact details of the applicants
  • Street address of premises proposed for the Class 4 venue
  • Details of liquor licence/s applying to the premises
  • A copy of the certificate of compliance or resource consent for the activity required under the Porirua City District Plan or Resource Management Act.

For new TAB venues, applications must be made on the approved form and must provide:

  • Name and contact details of the applicants
  • Street address of premises proposed for the TAB venue
  • A copy of the certificate of compliance or resource consent for the activity required under the Porirua City District Plan or Resource Management Act.

Application Processing

Applications will be processed by Council’s Environment and Regulatory Services and be considered by the Environment and Regulatory Services under delegated authority.

Review

The Gambling Act 2003 and the Racing Act 2003 require review of this policy 3 years from the date of adoption.

More information about Gaming and TAB Venues