Grant of class 4 venue licence

67 Grounds for granting class 4 venue licence

(1)

The Secretary must refuse to grant a class 4 venue licence unless the Secretary is satisfied that—

(a)

the applicant holds a class 4 operator’s licence; and

(b)

the possibility of persons under 18 years old gaining access to class 4 gambling at the class 4 venue is minimised; and

(c)

the venue manager is an individual and any investigations carried out by the Secretary do not cause the Secretary not to be satisfied about his or her suitability, in terms of section 68, to supervise—

(i)

the conduct of class 4 gambling at the venue; and

(ii)

venue personnel; and

(d)

any investigations carried out by the Secretary do not cause the Secretary not to be satisfied about the suitability of any other key person, in terms of section 68; and

(e)

if the application relates to a class 4 venue that is licensed to another corporate society, the other corporate society has surrendered its class 4 venue licence for the venue; and

(f)

the territorial authority has provided a consent (if required under section 98); and

(g)

on issue of the licence, the applicant will own any gambling equipment (except for electronic monitoring systems) that it proposes to operate; and

(h)

on issue of the licence, the applicant will not operate any gambling equipment that is financed by the manufacturer, distributor, or vendor of the equipment; and

(i)

all gambling equipment to be operated at the venue meets relevant minimum standards; and

(j)

the class 4 venue agreement (if required)—

(i)

enables the class 4 gambling conducted at the class 4 venue to comply with this Act and the proposed class 4 venue licence; and

(ii)

includes the information specified in section 69; and

(k)

the class 4 venue is not used mainly for operating gaming machines; and

(l)

if the application relates to a venue for which a class 4 venue licence was not held at the time of commencement of this section, the class 4 venue is not to be part of a place at which another class 4 venue or a casino is located; and

(m)

for an application that is required under section 65(3) to be accompanied by a class 4 venue agreement, no person will be both a key person in relation to the relevant class 4 operator’s licence and a key person in relation to the class 4 venue licence; and

(n)

if the New Zealand Racing Board is the applicant, the class 4 venue is either—

(i)

owned or leased by the New Zealand Racing Board and used mainly for racing betting or sports betting; or

(ii)

a racecourse; and

(o)

if the applicant is a racing club, the class 4 venue is a racecourse; and

(p)

the risk of problem gambling at the class 4 venue is minimised; and

(q)

the proposed venue is suitable in all other respects to be a class 4 venue; and

(r)

there are no other factors that are likely to detract from achieving the purpose of this Act; and

(s)

the applicant is able to comply with all other applicable regulatory requirements.

(2)

If the Secretary decides to refuse to grant a class 4 venue licence, the Secretary must notify the applicant, or, if there is a venue agreement, the parties to the agreement, and the venue manager of—

(a)

the reason for the decision; and

(b)

the right to appeal the decision; and

(c)

the process to be followed for an appeal under section 77.

Section 67(1)(b): amended, on 3 March 2015, by section 38(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 67(1)(l): amended, on 3 March 2015, by section 38(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 67(1)(m): amended, on 3 March 2015, by section 38(3) of the Gambling Amendment Act 2015 (2015 No 3).

Section 67(1)(s): replaced, on 3 March 2015, by section 38(4) of the Gambling Amendment Act 2015 (2015 No 3).