Australia: Licensee prosecuted for breaching gaming machines regulation

A bar located in the inner suburbs of Sydney has been penalized for violating measures aimed at minimizing harm related to gaming. An investigation conducted by Liquor & Gaming NSW (L&GNSW) revealed that an Automatic Teller Machine (ATM) was unlawfully placed near slot machines at Vbar, prompting legal action under the Gaming Machines Regulation 2019.

Following the discovery, the Department of Enterprise, Investment and Trade issued a stern reminder to all licensed establishments to strictly adhere to regulatory guidelines. It was found that the ATM was situated in an ‘ATM room’ adjacent to the gaming area, leading to a breach of regulations. As a consequence, the licensee was ordered by the Local Court to cover prosecutor’s costs amounting to AU$5,500 ($3,701), with the ruling determining that the ATM’s proximity to the gaming machines constituted a violation.

The breach was easily discernible due to the conspicuous ‘ATM’ signage on the door connecting the two rooms, visible from the gaming area. This incident comes amidst heightened enforcement efforts by L&GNSW in 2023, resulting in numerous penalty notices and prosecutions related to improper ATM placement. Jane Lin, the Executive Director of Regulatory Operations at L&GNSW, emphasized the significance of adhering to the Gaming Machines Regulation 2019. Lin stressed that cash dispensing facilities should be completely segregated from gaming zones to mitigate the risk of excessive spending among gamblers.

Furthermore, L&GNSW has intensified its crackdown on gambling-related advertising violations. SportChamps, a Sydney-based operator, was recently fined AU$17,500 for engaging in promotional activities that encouraged individuals to gamble via website and Facebook advertisements. This marks the sixth instance of SportChamps breaching gambling advertising laws since 2017. The ongoing enforcement efforts by L&GNSW include a revised penalty structure, with maximum fines reaching AU$110,000 for companies and AU$11,000 for individuals found guilty of disseminating prohibited gambling advertisements.

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