Recently we have had a number of queries regarding designated gambling areas from clubs, particularly from those in the process of installing ATM's into their premises.

There has always been an understanding that the ATM cannot be located within the gaming area of the club, however many clubs are now discovering that under their venue licence the entire club has been designated as a gaming area and therefore they cannot install an ATM on the premises.

We recently contacted the DIA for further clarification on this issue and they responded as follows;

"The whole class 4 venue is the gambling area, unless a gambling area is specified.  The basis of this provision is found in paragraph (a) of the definition of "gambling area" in section 4 of the Gambling Act 2003.

A venue has the option of leaving the whole of the venue as a gambling area or applying for a specified gambling area.  If the club chooses to apply for a specified gambling area they must apply to the DIA for approval.  The application will need to contain an accurate, scale plan which clearly delineates the proposed gambling area.  It must show the exact location of the machines, walls, doors and access points etc.  If the plan is approved, a condition is added to the venue licence stating that the specified area shown on the plan is the gambling area of the club.

It is important to note that The Sale of Liquor Act 1989 may also provide for restricted and supervised areas but these areas may not necessarily be the same as the "gambling area" specified under the Gambling Act 2003.

Regulation 5 of the Gambling (Harm Prevention and Minimisation) Regulations 2004 state that the holder of a class 4 venue licence...must ensure that there are no automatic teller machines available in the gambling area of a venue in which it conducts gambling."  An ATM must therefore be located outside the gambling area.  As a matter of Harm Minimisation Policy it should not be visible to patrons playing the machines in the gambling area.  If the ATM is too close it may raise an adverse Harm Minimisation issue for the club so it would need to be careful in its location of the ATM."

For all clubs we recommend that you check with the DIA to determine whether you have submitted a floor plan to define your gambling areas.  For clubs that have not defined their gambling areas you will need to complete a Class 4 Venue Licence - Amendments and Non-Key Person Notifications (262.95 kB) GC4A form, as they do not have the option to define your gambling areas on the venue licence renewal form.  If you have any further questions regarding defined gambling areas and ATMs please do not hesitate to contact gus@clubsnz,com