Change to DA (Amend/Remove condition 3 - 195 to 210 EGM's) - MCU16/0079.04

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Secondly, we are also requesting that Council re-consider removing the relevant Condition
from the DA. This will allow the Club to manage this area of its business and affairs under
the scrutiny and guidance of the Commissioner of Liquor and Gaming, without the need to re-
apply to Council for further variations to the DA Condition (should a similar business
decision be made in the future)

We provide the below information in support of our Application/s:

The TNRSL is a progressive Club and has an excellent reputation within the industry and the
community and the Club considers itself to be an integral part of the greater Tewantin and
Noosa communities, both as a 'business' and a provider of community services and facilities
The Club also has an excellent record with the Regulatory Agencies and does not have any
relevant negative Compliance history.

The Club currently employs 97 staff plus three "Epic" employees. It sources significant
services and products from within the local Tewantin Noosa catchment area and these
commitments to supporting the local community are in-line with the Clubs Objects and
Constitution.
This section has been removed as it contains financial information provided in confidence
The TNRSL revenue for the last financial year was $16,558,682.00 up from $15,360,707.00,
a 7.8% growth (Information provided "in confidence")

Being able to maintain strong growth and continue to develop is linked to all of the services
the Club provides, which includes the gaming facilities.

The Club has a robust Responsible Service of Gaming (RSG) policy in place and this assists
to mitigate any potential harm from gaming. All staff are RSG and RSA trained and there are
specific Community Liaison Officers (CLOs) trained to manage gaming matters.

As part of the RSG policy, the Club has a strong focus on managing Self Exclusion and is
proactive in this regard. Currently the Club has 29 Self Excluded patrons, and this is
reflective of the management of this policy.

The Club engages outside training organisations and consultancies to assist in ensuring that it
is up to date with legislative requirements and maintaining compliance at the venue both in
regard to gaming and liquor service.

The gaming (and liquor) services provided are the subject of regular compliance and audit
processes undertaken by the OLGR. These audits are extremely thorough and the licensee
(the Committee) must meet the required standards.

The Club makes significant contributions in cash and in-kind to the community and a large
portion of this funding is sourced from Gaming Revenue. As the community grows so too
must the Club, and this allows for it to meet the expectations of its own Board, its
Constitution, the members and the local community.




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The below table details the Community Contributions made during the last 12 years:


    COMMUNITY SUPPORT CASH AND IN-KIND
                  DONATIONS
         2008 — 2019 FINANCIAL YEARS
        YEAR                  $ AMOUNT
2008                                   100,000
2009                                   307,294
2010                                   333,903
2011                                   342,051
2012                                   269,788
2013                                   305,662
2014                                   349,346
2015                                   413,358
2016                                   420,570
2018                                   442,611
2019                                   461,035
TOTAL 12 YEARS                       4,186,890

As can be seen the growth in Community Benefit donations continues to grow every year —
the latest increase from 2017/18 to 2018/19 being 4.2%.

In the correspondence received from Kerni Coyle dated 26 October, 2018 she states;

       "Council acknowledges that the Club is an important part of the Tewantin Noosa
       Community and that it makes a contribution in Cash and Kind to the community.
       While a portion of this funding may be sourced from Gaming Revenue, it is well
       recognised and established that Electronic Gaming Machines have signOcant social
       and economic impacts on communities and for this reason this should be carefully
       managed and regulated."

In regard to Ms Coyle's comment relating to Gaming Revenue being a portion of the source
of community funding, we wish to emphasise that it is actually a large portion of community
funding that is sourced from Gaming Revenue. As such for the Club to be able to continue to
maintain its ability to provide these benefits, it needs to be able to grow its gaming offering as
the community develops and grows.

Again, we reference Ms Coyle's comment above, and we agree with her statement that the
impacts of EGMs on the community need to be carefully managed and regulated and this is
exactly what is done at TNRSL under the very intense scrutiny of the OLGR.

The commentary from Ms Coyle regarding social and economic impacts implies that the
careful management and regulation will be achieved by controlling the number of EGMs
available (which Council is attempting to do through the current DA condition), however, this
is only a part of the consideration. The club's day to day management-coupled with its
responsible provision of gaming and liquor services and compliance with regulatory
obligations is what ensures that the harm is minimised and controlled. (It could be suggested
that the irresponsible management of twenty EGMs would potentially have a more negative
impact on a community, than the responsible management of 220 EGMs!)

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Page 4

There is a cap on the total number of EGMs in the State of Queensland and this is regulated
by the OLGR. When a venue seeks to increase the number of entitlements (or authorities, as
they are known for hoteliers) it has to acquire these from existing resources, i.e. the Public
Trustee Tender process or by purchasing from another club (Community Club licence holders
only). What this means, in practical terms, is that the number of available EGMs does not
increase, it is merely their location which changes.

Community Club licence holders are limited to a maximum of 300 EGMs and Commercial
Hotels and Commercial Special Facility Licences are limited to a maximum of 45 EGMs.

EGM numbers within Casinos are regulated separately and are not included in the cap
that is applied to Clubs, Hotels and Special Facilities licence holders.

The TNRSL has a Business Plan which has allowed the Club to develop progressively across
all of its offerings (food, beverage and entertainment) with the increases in the number of
EGMs being managed responsibility and conservatively, as a critical component to
maintaining fiscal viability in the present commercial environment and into the future.

The increases in the number of EGMs at TNRSL have occurred in a progressive manner over
27 years and have only occurred when it has been identified that there is an increased demand
within the community for access to the facilities and entertainment offering. These increased
demands then see the Club better placed to not only continue, but also increase their
contributions to the local community.

The below table details the timeline of the EGM increases:

       ELECTRONIC GAMING MACHINE INCREASES 1992 TO 2019
  MONTH          YEAR        APPROVED         OPERATIONAL
                                                   EGMs
            1992                         9                 9
EARLY       1995                        23                23
JUNE        1995                        40                40
JANUARY     1996                        60                60
MAY         1997                        65                65
JUNE        1998                        82                82
NOVEMBER    1999                       120                82
JULY        2000                        81                81
MARCH       2002                        94                94
JULY        2004                       134               134
NOVEMBER    2011                       180               180
JANUARY     2018                       195               166
MARCH       2018                       195               195
OCTOBER     2018                       210               195
JANUARY     2019                       210               210

To this end, the Club's recent redevelopment has been completed on the basis of the Gaming
Room being able to accommodate additional EGMs. The redevelopment also provided for
additional parking spaces and upgrades to other facilities to satisfy community expectation
and Council planning requirements.


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Page 5

As advised, if Council does not see fit to remove the constraining Condition limiting the
number of EGMs completely, then this current process will have to be repeated (again).
Having to navigate this process repeatedly has cost implications for the business and impacts
on the fundamental goals of the Club and its ability to maximise its operations for the benefit
of the Club members and the community.

The issue of Gaming and access to same, (whether it be EGMs, TAB, or Online Betting) is at
best an emotive subject. The negative moral issues associated with Gaming have to be
responsibly measured against the benefits that are gained and provided to communities
through people participating in this activity. They also have to be measured against the rights
of individuals to be able to participate in this form of entertainment as they may wish.

Gaming is anecdotally referred to and recognised as a form of entertainment which is
expected to be available at licensed hospitality venues such as TNRSL and the offerings
should be reflective of the Clubs overall operations to ensure it can successfully compete in a
highly competitive marketplace that can be somewhat volatile, depending on weather,
employment, global economic issues, etc.

The jurisdictional issue relating to the control and access of Gaming is currently the
responsibility of the Commissioner of Liquor and Gaming, via the OLGR. The process
associated with obtaining a Gaming Licence and any subsequent variations to this licence is
governed by an incredibly robust and thorough application and assessment process. The
Regulatory Agency, OLGR, reviews and assesses all applications and applies extreme
scrutiny and conducts in-depth investigations before any approvals are granted. These
applications must assess demand and potential community impact across a very broad range
of matters.

The Commissioner also seeks comment from local government and Police in relation to these
applications and these comments are given significant consideration during the assessment
process and it is through this process that Council can certainly address its concerns.

It could be said that any attempt by Council to limit the ability for a licensee to make a lawful
application for variations to its Gaming Licence (by embedding limitations on these matters
within DA approvals) could be considered by some to be outside their jurisdictional remit and
perhaps place the Local Government agency in a position of conflict with the State agency

We note in the correspondence from Ms Coyle dated 26 October, that she has referenced the
following:

       " However, you should be aware Council is currently seeking the State to amend the
       planning legislation to allow local Governments and their communities greater
       opportunities to influence and provide input into the location and extent of electronic
       gaming machines at a local level. For this reason, Council is not supportive of
       removal of the current limitation on gaming machine numbers in the Condition."

We believe that this application/s should be considered on its own merits at the current time.
To reserve the decision addressing this matter on the basis that "something may happen in the
future", could be considered as not being in the interests of natural justice and fairness to the
applicant.



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We would respectfully request that Council considers this matter and approve the application
to increase the permitted number of EGMs in the interim and ultimately remove the
constraining Condition entirely.

Kind Regards




Phil Stephenson ACCM
CHIEF EXECUTIVE OFFICER




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Page 7

     Change application form
     Planning Act Form 5 (version 1.1 effective 22 JUNE 2018) made under Section 282 of the Planning Act 2016.
     This form is to be used for a change application made under section 78 of the Planning Act 2016. It is important
     when making a change application to be aware of whether the application is for a minor change that will be
     assessed under section 81 of the Planning Act 2016 or for an `other' change that will be assessed under section 82
     of the Planning Act 2016.
     An applicant must complete all parts of this form, and provide any supporting information that the form identifies as
     being required to accompany the change application, unless stated otherwise. Additional pages may be attached if
     there is insufficient space on the form to complete any part.
     Note: All terms used in this form have the meaning given under the Planning Act 2016, the Planning Regulation 2017, or the
     Development Assessment Rules (DA Rules).


     PART 1 - APPLICANT DETAILS
1) Applicant details
Applicant name(s) (individual or company full name)                   TEWANTIN NOOSA RSL & CITIZENS MEMORIAL CLUB INC
Contact name (only applicable for companies)                          PHI LLIP JOHN STEPHENSON
Postal address (P.O. Box or street address)                           5 MEMORIAL AVENUE
Suburb                                                                TEWANTIN
State                                                                 QLD
Postcode                                                              4565
Country                                                               AUSTRALIA
Email address (non-mandatory)                                         ceonoosarsl.com.au
Mobile number (non-mandatory)                                         0418 194358
Applicant's reference number(s) (if applicable)                       MCU16/0079.02

2) Owner's consent - Is written consent of the owner required for this change application?
Note: section 79(1A) of the Planning Act 2016 states the requirements in relation to owner's consent.
fl Yes — the written consent of the owner(s) is attached to this change application
xp No



     PART 2 - LOCATION DETAILS

3) Location of the premises (complete 3.1) or 3.2), and 3.3) as applicable)
3.1) Street address and lot on plan
xLj Street address AND lot on plan (all lots must be listed), or
   Street address AND lot on plan for an adjoining or adjacent property of the premises (appropriate for development in
water but adjoining or ad'acent to land e.g. jetty, pontoon; all lots must be listed).
          Unit No.          Street No.           Street Name and Type                            Suburb
                            5                    MEMORIAL AVENUE                                 TEWANTIN
a)
          Postcode          Lot No.              Plan Type and Number (e.g. RP, SP)              Local Government Area(s)
          4565              10                   SP 273411                                       NOOSA SHIRE
          Unit No.          Street No.           Street Name and Type                            Suburb
b)
          Postcode          Lot No.              Plan Type and Number (e.g. RP, SP)              Local Government Area(s)

3.2) Coordinates of premises (appropriate for development in remote areas, over part of a lot or in water not adjoining or adjacent to land
e.g. channel dredging in Moreton Bay)
Note: Place each set of coordinates in a separate                                                   .
    Coordinates of premises by longitude and latitude
Longitude(s)              Latitude(s)               Datum                                      Local Government Area(s) (if applicable)
N/A                                                 U WGS84
                                                    LI GDA94
                                                    LI Other:
LII Coordinates of premises by easting and northing


                                                                                                                      Queensland
                                                                                                                      Government

Page 8

Easting(s)              Northing(s)            Zone Ref.            Datum                        Local Government Area(s) (if applicable)
                                               El 54                El WGS84
                                               11 55                111GDA94
                                               I1156                El Other:
3.3) Additional premises
El Additional premises relevant to the original development approval and their details have been attached in a
schedule to this application
xLil Not required
  PART 3- RESPONSIBLE ENTITY DETAILS
4) Identify the responsible entity that will be assessing this change application
Note: see section 78 3 of the Plannin. Act 2016
NOOSA COUNCIL


  PART 4- CHANGE DETAILS
5) Provide details of the existing development approval subject to this change application
Approval type                      Reference number              Date issued                                        Assessment
                                                                                                                    manager/approval
                                                                                                                    entity
Xliii Development permit                                                                                            Kerni Coyle, Manager-
    Preliminary approval                                                                                            Development
                                           MCU16/0079.02                            22 October, 2018
                                                                                                                    Assessment Noosa
                                                                                                                    Council
LI Development permit
LI Preliminary approval
6) Type of change proposed
6.1) Provide a brief description of the changes proposed to the development approval (e.g. changing a development approval
for a five unit apartment building to provide for a six unit apartment building):
     a.   Variation to Development Application Existing Condition Section 4 No 3 from 195 to be changed to 210 EGMs
          (Electronic Gaming Machines)
     b.   Ultimately remove this Condition from the DA

6.2) What type of change does this application propose? Extra 15 EGMs
XIII Minor change application — proceed to Part 5
El Other change application — proceed to Part 6
  PART 5- MINOR CHANGE APPLICATION REQUIREMENTS
7) Are there any affected entities for this change application
xEl No — proceed to Part 7
El Yes — list all affected entities below and proceed to Part 7
Note: section 80(1) of the Planning Act 2016 states that the person making the change application must give notice of the proposal
and the details of the change to each affected entity as identified in section 80(2) of the Planning Act 2016.
Affected entity                           Pre-request response provided? (where a pre-              Date notice given (where no
                                          request response notice for the application has pre-request response
                                          been given, a copy of the notice must                     provided)
                                          accompany this change application)
                                         El No
                                         El Yes — pre-request response is attached to
                                          this change application
                                              No
                                         LI Yes — pre-request response is attached to
                                          this change application
                                         LI No

                                                                                                                                       Page 2
                                                                                                 Planning Act Form 5 - Change application form
                                                                                                                 Version 1.1 —22 JUNE 2018

Page 9

                                              0 Yes — pre-request response is attached to
                                              this change application

  PART 6- OTHER CHANGE APPLICATION REQUIREMENTS
  Note: to complete this part it will be necessary for you to complete parts of DA Form 1 and in some instances parts of DA Form
  2, as mentioned below. These forms are available at https://planning.dsdnnip.q1d.gov.au

8) Location details - Are there any additional premises included in this change application that were not part of the
ori.inal develo.ment a. 'royal?
O No
El Yes — complete Part 2 (Location details) of DA Form 1 as it relates to the additional premises is completed and
provided with this application.

9) Development details
9.1) Is there any change to the type of development, approval type, or level of assessment in this change application?
I0 No — proceed to 11)
O Yes — the completed Sections 1 and 2 of Part 3 (Development details) of DA Form 1 as these sections relate to
the new or chan.ed aspects of development are provided with this application.
9.2) Does the change application involve building work?
▪ No
O Yes — the completed Part 5 (Building work details) of DA Form 2 as it relates to the change application is provided
with this application.

10) Referral details — Does the change application require referral for any referral requirements?
Note: The application must be referred to each referral agency triggered by the change application as if the change application was the original
development application including the proposed change.
O No
El Yes — the completed Part 5 (Referral details) of DA Form 1 as it relates to the change application is provided with
this application. Where referral is required for matters relating to building work the Referral checklist for building work
is also completed.

11) Information request under Part 3 of the DA Rules
O I agree to receive an information request if determined necessary for this change application
0 I do not agree to accept an information request for this change application
Note: By not agreeing to accept an information request I, the applicant, acknowledge:
that this change application will be assessed and decided based on the information provided when making this change application
and the assessment manager and any referral agencies relevant to the change application are not obligated under the DA Rules to
accept any additional information provided by the applicant for the change application unless agreed to by the relevant parties
Part 3 of the DA Rules will stN apply if the application is an application listed under section 11.3 of the DA Rules.
Further advice about information requests is contained in the DA Forms Guide: Forms 1 and 2.


12) Further details
0 Part 7 of DA Form 1 is completed as if the change application was a development application and is provided with
this application.

 PART 7- CHECKLIST AND APPLICANT DECLARATION
13 chanie a..lication checklist
I have identified the:
responsible entity in 4); and
for a minor change, any affected entities; and                                                               x0 Yes
for an 'other' change all relevant referral requirement(s) in 10)
Note: See the Planning Regulation 2017 for referral requirements
For an 'other' change application, the relevant sections of DA Form 1 —
Development application details have been completed and is attached to this
                                                                                                             El Yes
                                                                                                             X0 Not applicable
application
For an 'other' change application, where building work is associated with the                                El Yes
change application, the relevant sections of DA Form 2 — Building work details                               X0 Not applicable


                                                                                                                                         Page 3
                                                                                                   Planning Act Form 5 - Change application form
                                                                                                                   Version 1.1 —22 JUNE 2018

Page 10

have been completed and is attached to this application
Supporting information addressing any applicable assessment benchmarks is
attached to this application
Note: This includes any templates provided under 23.6 and 23.7 of DA Form 1 that are             XI=1 Yes (Letter dated 10 July,
relevant as a result of the change application, a planning report and any technical           2019)
reports required by the relevant categorising instrument(s) (e.g. the local government
planning scheme, State Planning Policy, State Development Assessment Provisions).
For further information, see DA Forms Guide: Planning report template.
Relevant plans of the development are attached to this development
application                                                                                       1=I Yes N/A
Note: Relevant plans are required to be submitted for all relevant aspects of this
change application. For further information, see DA Forms Guide: Relevant plans.

14) Applicant declaration
XI] By making this change application, I declare that all information in this change application is true and correct.
XI] Where an email address is provided in Part 1 of this form, I consent to receive future electronic communications
from the responsible entity and any relevant affected entity or referral agency for the change application where written
information is required or permitted pursuant to sections 11 and 12 of the Electronic Transactions Act 2001.
Note: It is unlawful to intentionally provide false or misleading information.
Privacy — personal information collected in this form will be used by the responsible entity and/or chosen assessment
manager, any relevant affected entity or referral agency and/or building certifier (including any professional advisers
which may be engaged by those entities) while processing, assessing and deciding the change application.
All information relating to this change application may be available for inspection and purchase, and/or published on
the assessment manager's and/or referral agency's website.
Personal information will not be disclosed for a purpose unrelated to the Planning Act 2016, Planning Regulation
2017 and the DA Rules except where:
such disclosure is in accordance with the provisions about public access to documents contained in the Planning Act
2016 and the Planning Regulation 2017, and the access rules made under the Planning Act 2016 and Planning
Regulation 2017; or
required by other legislation (including the Right to Information Act 2009); or
otherwise required by law.
This information may be stored in relevant databases. The information collected will be retained as required by the
Public Records Act 2002.

  PART 8- FOR OFFICE USE ONLY
Date                                         Reference number(s):
received:


QLeave notification and payment
Note: For completion by assessment manager if applicable
Description of the work
QLeave project number
Amount paid ($)
Date paid
Date receipted form sighted by assessment
manager
Name of officer who sighted the form




                                                                                                                               Page 4
                                                                                         Planning Act Form 5 - Change application form
                                                                                                         Version 1.1 —22 JUNE 2018