Caps on EGM numbers The imposition of municipal and regional caps on the maximum number of EGMs permissible in a local government area is the State Government’s response to a concentration of gaming venues. Community Typically the community is considered to be the population of the municipality for a gaming application. However, adjoining municipalities may also be considered if the venue is in close proximity to the municipal boundary and if the local Council or community has made submissions in relation to the application. Factors associated with net community benefit The following factors can contribute to the potential for an application to achieve net community benefit: transfer of EGMs from areas of high to low disadvantage renovations and provision of additional or different non-gambling facilities and activities reduction in trading hours non-statutory community contribution allocated to problem gambling services screening between gaming and non-gaming areas. Relevant considerations the two Applicable Acts Specific considerations are provided for by the Gambling Regulation Act 2003 and Planning and Environment Act 1987. The Tribunal has recognised that although the application regimes under the Planning and Environment Act 1987 and the Gambling Regulation Act 2003 are separate, they are also linked and overlap (refer to Table 2). Table 2 lists the factors that are relevant in considering applications under the two Acts, and then shows how they apply under each Act. Table 2 and gaming considerations under the relevant legislation: –Planning similarities and differences Factor Gaming approvals Planning permits Legislative Gambling Regulation Act 2003 Planning and Environment Act 1987 instrument Social and economic Key decision-making factor Only required to consider impacts Achievement of neutral or Net community benefit a material Community benefit positive community benefit a consideration but not a statutory statutory requirement requirement Surrounding uses and communities Considered at a municipal Community typically within 400m and patrons within scale 2.5km Suitability of venue, for instance focus on design, Suitability of location and premises for Assessment factors operations and harm instance focus on land use minimisation Decision-making Responsible authority either Council – Gaming Commission or the Minister for Planning authority
Caps on EGM numbers The imposition of municipal and regional caps on the maximum number of EGMs permissible in a local government area is the State Government’s response to a concentration of gaming venues. Community Typically the community is considered to be the population of the municipality for a gaming application. However, adjoining municipalities may also be considered if the venue is in close proximity to the municipal boundary and if the local Council or community has made submissions in relation to the application. Factors associated with net community benefit The following factors can contribute to the potential for an application to achieve net community benefit: transfer of EGMs from areas of high to low disadvantage renovations and provision of additional or different non-gambling facilities and activities reduction in trading hours non-statutory community contribution allocated to problem gambling services screening between gaming and non-gaming areas. Relevant considerations the two Applicable Acts Specific considerations are provided for by the Gambling Regulation Act 2003 and Planning and Environment Act 1987. The Tribunal has recognised that although the application regimes under the Planning and Environment Act 1987 and the Gambling Regulation Act 2003 are separate, they are also linked and overlap (refer to Table 2). Table 2 lists the factors that are relevant in considering applications under the two Acts, and then shows how they apply under each Act. Table 2 –Planning and gaming considerations under the relevant legislation: similarities and differences Factor Gaming approvals Planning permits Legislative instrument Gambling Regulation Act 2003 Planning and Environment Act 1987 Social and economic impacts Key decision-making factor Only required to consider Community benefit Achievement of neutral or positive community benefit a statutory requirement Net community benefit a material consideration but not a statutory requirement Community Considered at a municipal scale Surrounding uses and communities typically within 400m and patrons within 2.5km Assessment factors Suitability of venue, for instance focus on design, operations and harm minimisation Suitability of location and premises for instance focus on land use Decision-making authority Gaming Commission Responsible authority – either Council or the Minister for Planning
City_of_Melbourne_Electronic_Gaming_Machine_Decision-Making_Framework_2017.DOCX