96 Ministerial discretion to permit more than 9 machines at certain class 4 venues

(1)

This section applies to a corporate society that the Minister is satisfied is a club that proposes to operate gaming machines at a class 4 venue and to which section 92 does not apply and that—

(a)

holds a class 4 operator’s licence; and

(b)

can demonstrate a significant history of—

(i)

operating as a club for club purposes; and

(ii)

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

(c)

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

(d)

can demonstrate to the Minister’s satisfaction that it has a substantial active membership; and

(e)

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

(2)

The corporate society may apply to the Minister for approval to operate up to 18 gaming machines 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 the territorial authority consent; and

(b)

must not in any case exceed 18.

(5)

The corporate society may then apply to the Secretary for a class 4 venue licence for the venue in accordance with section 65 or, if it holds a class 4 venue licence for the venue, an amendment to the licence in accordance with section 73.

(5A)

On the issue of a new class 4 venue licence,—

(a)

the Secretary must cancel any previous class 4 venue licences held by the corporate society, 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).

(6)

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

Section 96(3): replaced, on 3 March 2015, by section 55(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 96(5A): inserted, on 3 March 2015, by section 55(2) of the Gambling Amendment Act 2015 (2015 No 3).