Poker Machines in Outdoor Areas
Since the introduction of the smoke-free laws in clubs and hotels on 2 July 2007, we have received quite a number of inquiries from our clients. The inquiries have generally focused on the ability for clubs and hotels to provide gaming machines in outdoor areas.
The short explanation for registered clubs is that there is no express prohibition in either the Registered Clubs Act 1976 or the Gaming Machines Act 2001 on poker machines being placed in an outdoor area. Similarly, there is no prohibition under the Liquor Act 1982 or the Gaming Machines Act 2001 on hotels keeping poker machines in outdoor areas. However, hotels are not permitted under the Gaming Machines Act 2001 to place poker machines in any part of the premises where they can be seen from a public place.
Whilst it is possible for hotels and registered clubs to place gaming machines in outdoor areas subject to certain qualifications, it is important that hotels and registered clubs ensure that the areas in which they wish to place the poker machines are licensed or defined areas under the relevant Acts.
In addition to the current legal position it is our view that the legislatures failure to prohibit registered clubs from placing poker machines on the premises where they can be seen from a public place, is simply an oversight. We expect this oversight will be remedied at the earliest opportunity.
Furthermore, it is our view that the legislature has not previously turned its mind to the provision of gaming machines in outdoor areas. We anticipate, due to the high level of pressure exerted upon the legislature by community welfare organisations that the Government will in the near future prohibit the provision of gaming machines in outdoor areas in its entirety.
Should you have any feedback or require any further information in relation to this matter please do not hesitate to contact us.