95 Ministerial discretion to permit more gaming machines if clubs merge

(1)

This section applies to 2 or more corporate societies that the Minister is satisfied are clubs and—

(a)

2 or more of which hold class 4 venue licences; and

(b)

can each demonstrate a significant history of—

(i)

operating as clubs for club purposes; and

(ii)

operating the number of machines specified in any class 4 venue licences held immediately before making an application to the Minister under subsection (2); and

(c)

can each demonstrate that they intend to merge into a single club operating at a single class 4 venue; and

(d)

can demonstrate to the Minister’s satisfaction that the proposed class 4 venue is not a commercial premises; and

(e)

can demonstrate to the Minister’s satisfaction that the merged club will have a substantial active membership; and

(f)

have obtained a territorial authority consent for the venue, either without a condition on numbers of gaming machines or with a condition on numbers that is consistent with the number of gaming machines that it is proposed to operate at the venue.

(2)

The corporate societies may apply jointly to the Minister for approval to operate up to the number of gaming machines consented to by the territorial authority at the proposed venue.

(3)

The Minister may approve an application under subsection (2) as the Minister sees fit.

(4)

The Minister’s approval must specify the number of gaming machines that may be operated, but the number—

(a)

must not exceed the number of gaming machines specified in a territorial authority consent; and

(b)

must not in any case exceed the lesser of—

(i)

30; or

(ii)

the sum of the number of gaming machines specified in all of the corporate societies’ class 4 venue licences at the time of the application.

(5)

The corporate societies may then apply jointly to the Secretary for a class 4 venue licence for the proposed venue in accordance with section 65, but the Secretary must not issue a class 4 venue licence until the corporate societies have—

(a)

merged; and

(b)

obtained a class 4 operator’s licence.

(6)

On issue of the class 4 venue licence,—

(a)

the Secretary must cancel any previous class 4 venue licences held by the corporate societies, and there is no right of appeal against that cancellation; and

(b)

a corporate society may not, within 6 months after the cancellation, submit an application for a class 4 venue licence in relation to any of the class 4 venues referred to in paragraph (a).

(7)

The limits in subsection (4) may be reduced by regulations made under section 314(1)(a).

Section 95(1)(c): amended, on 3 March 2015, by section 54(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 95(3): replaced, on 3 March 2015, by section 54(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 95(6)(a): amended, on 3 March 2015, by section 54(3)(a) of the Gambling Amendment Act 2015 (2015 No 3).

Section 95(6)(b): replaced, on 3 March 2015, by section 54(3)(b) of the Gambling Amendment Act 2015 (2015 No 3).