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

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.



51P age