A licensee of Vbar, a prominent inner Sydney venue, recently found themselves in legal trouble for violating gaming harm minimisation measures. The Department of Enterprise, Investment and Trade issued a stern warning to licensed venues, emphasizing adherence to regulations. This incident came to light when inspectors from Liquor & Gaming NSW (L&GNSW) discovered an Automatic Teller Machine (ATM) placed in an ‘ATM room’ attached to the gaming area. The subsequent legal proceedings and penalties shed light on the importance of strict compliance with gaming regulations.
Violation Details and Prosecution:
The breach in question involved the placement of an ATM in close proximity to the gaming machines, contravening the Gaming Machines Regulation 2019. The Local Court, after due consideration, ordered the licensee to pay a significant sum of AU$5,500 in prosecutor’s costs. This penalty underscored the gravity of the violation and served as a deterrent to other venues.
Regulatory Measures and Warning:
In response to this incident, the Department of Enterprise, Investment and Trade issued a warning to licensed establishments, urging strict adherence to gaming regulations. Liquor & Gaming NSW (L&GNSW) has intensified its enforcement efforts, resulting in 16 penalty notices and 13 prosecutions for ATM location breaches in 2023 alone. This proactive approach aims to create a safer gambling environment and ensure that venues comply with established guidelines.
Executive Director’s Statement:
Jane Lin, the Executive Director of Regulatory Operations at L&GNSW, emphasized the significance of adhering to the Gaming Machines Regulation 2019. Lin noted that the clear breach involving the ATM’s location within the same area as gaming machines was a violation that warranted legal action. The directive specifies that cash dispensing facilities, such as ATMs, must be situated in a part of the venue entirely separate from gaming rooms to prevent easy access to cash withdrawals.
Importance of ATM Location:
Lin highlighted the rationale behind the regulation, explaining that separating ATMs from gaming areas prevents gamblers from losing track of their spending. Ready access to cash within gaming rooms can contribute to impulsive spending, and relocating ATMs further away encourages players to take breaks, promoting responsible gambling behavior.
Enforcement Actions Against SportChamps:
In addition to the Vbar case, L&GNSW has also taken stringent action against SportChamps, a Sydney-based operator, for violating gambling advertising laws. SportChamps was fined AU$17,500 for inducing individuals to gamble through website and Facebook advertisements. This marks the sixth conviction for similar offenses, with SportChamps repeatedly breaching gambling advertising laws since 2017.
New Fine Structure for Advertising Violations:
L&GNSW’s ongoing crackdown on illegal gambling advertisements includes a revamped fine structure. Companies face maximum penalties of AU$110,000, while individuals publishing prohibited gambling ads may be fined up to AU$11,000. This stern approach aims to curb the proliferation of misleading and enticing gambling advertisements, promoting responsible advertising practices within the industry.
The recent prosecution of the Vbar licensee and the actions against SportChamps highlight the regulatory landscape’s evolving nature, with a strong emphasis on gaming harm minimisation and responsible advertising. As authorities like L&GNSW continue to enforce stringent measures, licensed venues and operators must prioritize compliance to ensure a safer and more accountable gambling environment.