South Australian Consolidated Acts South Australian Consolidated Acts (1) The following
persons only are eligible to hold a gaming machine licence:
(a) the
holder of a hotel licence (whether temporary or otherwise);
(b) the
holder of a club licence, or two or more holders of separate club licences,
jointly;
(c) the
holder of a special circumstances licence (whether temporary or otherwise)
if—
(i)
—
• the
special circumstances licence was granted on the surrender of a hotel licence
or a club licence; and
• the nature of
the undertaking carried out under the licence is substantially similar to that
of a licensed hotel or club; or
(ii)
the premises to which the special circumstances licence
relates constitute—
• a major
sporting venue; or
• the
headquarters in this State for any particular sporting code,
and the nature of the undertaking carried out under the licence is
substantially similar to that of a licensed club.
(1a) Club One is
eligible to hold a gaming machine licence for particular premises if it holds
a licence under the Liquor Licensing Act 1997 in respect of the premises
as required by subsection (1).
(2) Subject to
subsection (3a), the premises to which a liquor licence referred to in
subsection (1) relates will be the licensed premises in respect of the
gaming machine licence.
(3) A person referred
to in subsection (1) can hold only one gaming machine licence in respect
of the premises to which the liquor licence relates.
(3a) If two or more
holders of separate club licences are, or are to be, the joint holders of a
gaming machine licence, the following provisions apply:
(a) none
of the holders can hold, either solely or jointly, another gaming machine
licence; and
(b) the
jointly held licence can only relate to the premises of one of the clubs,
being the premises nominated by the applicants.
(4) A gaming machine
licence will not be granted unless the applicant for the licence held a
social effect certificate for the site of the premises in respect of which the
licence is sought at the time of making the application for the licence.
(5) A gaming machine
licence will not be granted unless—
(a) the
applicant for the licence satisfies the Commissioner, by such evidence as
the Commissioner may require—
(i)
that the proposed gaming area, or gaming areas, within
the premises in respect of which the licence is sought is or are suitable for
the purpose; and
(ii)
that the proposed layout of gaming machines in a
gaming area is suitable for the proper conduct of gaming operations within the
area; and
(iii)
that the arrangements proposed for the security of the
premises, each gaming area and the gaming machines, and of the gaming
operations generally, are adequate; and
(iv)
that the conduct of the proposed gaming operations on the
premises would be unlikely to result in undue offence, annoyance, disturbance
or inconvenience to those who reside, work or worship in the vicinity of the
premises; and
(v)
that the size of the proposed gaming operations on the
premises would not be such that they would predominate over the undertaking
ordinarily carried out on the premises; and
(vi)
that the conduct of the proposed gaming operations on the
premises would not detract unduly from the character of the premises, the
nature of the undertaking carried out on the premises or the enjoyment of
persons ordinarily using the premises (apart for the purpose of gaming); and
(vii)
that no proposed gaming area is so designed or situated
that it would be likely to be a special attraction to minors; and
(viii)
that the proposed gaming area is within a place or area
that is enclosed as defined by the Tobacco Products Regulation Act 1997
(see section 4(3) and (4)); or
(b) the
applicant holds a proposed premises certificate for the premises and satisfies
the Commissioner, by such evidence as the Commissioner may require—
(i)
that the conditions (if any) on which the certificate was
granted have been complied with; and
(ii)
that the premises have been completed in accordance with
the plans approved in the certificate or a variation of those plans later
approved by the Commissioner.