Pokies, Policy and Planning
:. Since
November 2002, there has been a commitment by the State Government to alter
planning authorization to local government in regards to permits for pokie
venues. For many months now, the Community Advocate on Gambling has anticipated
the release of changes by the State Government to the Victorian
Planning Provisions relating to the building of new gaming venues,
and the extension of existing gaming venues to accommodate more poker machines.
Currently the planning provisions are structured such that gaming venues
whose gaming areas take up less than 25% of total licensed floor space
do not require council approval specific to the building of a gaming venue.
Similarly, extensions to venues which still fall below this floor space
requirement also evade the need for a local council permit specifically
for extension of the gaming room. This has left many local governments
disappointed that decisions about pokies in their community have not been
exposed to local policy analysis, testing or mandating.
:. In an article in the Melbourne Times on August 9th it was stated that Gaming Minister John Pandazopoulos would release changes to these planning provisions ‘within weeks’. Changes to the planning provisions are expected to remove the 25% floor space clause and require all new gaming venues or applications for increases in machine numbers to existing venues to receive specific planning approval for the operation of a gaming venue. This will deliver greater say for local councils to determine the level of gaming acceptable in their community. However, appeal rights are expected to exist so if applicants appeal council planning decisions, it would be to the Victorian Civil Administrative Tribunal (VCAT). Councils will need to have in place strong and comprehensive organisational policies on gambling, complimented by similarly comprehensive planning policy capacity that operationalise the councils broader position on EGMs.
:. As
part of its role in strengthening local council voices on gambling issues,
the Community Advocacy on Gambling Project (CAOG)
has undertaken a local council gambling policy and planning ‘audit’.
This audit provides a snapshot of ‘where councils are now’ in
relation to their gambling policies and related planning schemes. So far,
this audit indicates that 27 of 81 local councils in Victoria currently
have, or are actively developing, a gambling policy. Local planning schemes
also allow planners to nominate specific shopping centres and strip shopping
centres which are exempt from the introduction of gaming venues. An audit
of these planning schemes has indicated that 42 local councils nominate
at least one shopping centre and 12 nominate at least one strip shopping
centre for gaming venue exemption.
:. To finalise this local council planning audit, CAOG is also conducting a survey of town and strategic planners to assess whether there are additional documents in local planning strategies and schemes that relate to gaming venues (e.g. MSS statements, strategic plans). The survey will also ask questions about planner awareness of relevant gambling regulations which relate to external signs advertising EGMs, and the window and lighting requirements at hotel and club gaming venues.
:. The
results of the overall audit will inform CAOG on what is needed to strengthen
local council knowledge, planning and policy development so that local
government has in place adequate documentation and planning procedures
that accurately reflect their local community views on gaming venues. This
policy and planning effort will ensure that local councils have a strong
foundation for decision–making in regard to gaming venues, and that
these decisions can be defended in the event of an appeal.
:. For more information
on gambling policy and related planning schemes contact Andrew Manning
(Community Advocate on Gambling) or Angela Nicholas (Research Support Officer)
directly on 9347 3950 or by e-mail andrew@gamblingadvocacy.org.au or angela@gamblingadvocacy.org.au.