Notice of Meeting:
I hereby give notice that an ordinary meeting of the Hearings Committee will be held on:
Date: Friday 1 December 2023
Time: 9.30 am - Gambling and TAB Policy
Venue: Council Chambers, Dunedin Public Art Gallery, The Octagon, Dunedin
Sandy Graham
Chief Executive Officer
Hearings Committee
MEMBERSHIP
Chairperson |
Cr Bill Acklin |
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Cr David Benson-Pope |
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Cr Kevin Gilbert |
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Senior Officer Kevin Mechen – Alcohol Drug Gambling Advisor
Governance Support Officer Jennifer Lapham
Jennifer Lapham
Governance Support Officer
Telephone: 03 477 4000
Jenny.Lapham@dcc.govt.nz
Note: Reports and recommendations contained in this agenda are not to be considered as Council policy until adopted.
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Hearings Committee 1 December 2023 |
ITEM TABLE OF CONTENTS PAGE
Part A Reports (Committee has power to decide these matters)
1 Declaration of Interest 4
2 Results of consultation on review of Gambling and TAB Venue Policy 7
3 Speaking Schedule 31
PLEASE NOTE: The only section of the hearing which is not open to the public is the Committee's final consideration of its decision, which is undertaken in private. Following completion of submissions by the applicant, submitters and the applicant's right of reply, the
Committee will make the following resolution to exclude the public. All those present at the hearing will be asked to leave the meeting at this point.
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Hearings Committee 1 December 2023 |
EXECUTIVE SUMMARY
1. Members are reminded of the need to stand aside from decision-making when a conflict arises between their role as an elected representative and any private or other external interest they might have.
2. Elected members are reminded to update their register of interests as soon as practicable, including amending the register at this meeting if necessary.
That the Committee: a) Notes/Amends if necessary the Elected Members' Interest Register attached as Attachment A; and b) Confirms/Amends the proposed management plan for Elected Members' Interests. |
Attachments
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Title |
Page |
⇩a |
Register of Interests |
5 |
Hearings Committee 1 December 2023 |
Results of consultation on review of Gambling and TAB Venue Policy
Department: Civic
EXECUTIVE SUMMARY
1 This report presents a summary of the 17 submissions received on the review of the Gambling and TAB Venue Policy (the Policy) to the Hearings Committee (the Committee).
2 Of the 17 submissions, responses were mixed. 47% of submitters supported no limit to the number of class 4 gambling venues or gaming machines (GMs), some (24%) supported the current sinking lid approach, and some (29%) suggested other options such as capping the number of GMs and broadening the relocation policy.
3 Seven submitters wish to be heard.
That the Committee:
a) Considers the submissions on the review of the Gambling and TAB Venue Policy
b) Makes recommendations to the Council on the Gambling and TAB Venue Policy.
BACKGROUND
Legislation
4 The Gambling Act 2003 requires all territorial authorities to have a policy stating if it would allow new class 4 (non-casino gambling or ‘pokie’ machine) venues within its district and, if so, where they may be situated. The policy may also limit the number of gaming machines (GMs) at those locations.
5 Matters to be considered during development of the policy are:
· The characteristics of the district and parts of the district
· Locations of kindergartens, early childhood centres, schools, places of worship and other community facilities
· The number of gaming machines that should be permitted to operate at any venue or class of venue
· The cumulative effects of additional opportunities for gambling in the district
· How close any venue should be permitted to be to any other venue
· What the primary activity of any venue should be.
6 The Gambling (Gambling Harm Reduction) Amendment Act 2013 requires territorial authorities to include a ‘relocation policy’ which sets out if and when it will grant consent for a venue to relocate within its district.
7 The Racing Industry Act 2020 requires territorial authorities to adopt a policy on New Zealand Racing Board venues (TABs) within its district.
8 While the DCC must have a policy, the Department of Internal Affairs (DIA) is the licensing authority and is responsible for the granting or refusing of gambling licences.
Policy history
9 In 2004, the Council adopted a Gambling and TAB Venue Policy. At that time there were no restrictions on the number of venues or GMs. The number of venues and GMs declined.
10 In 2013, the Council adopted a sinking lid for South Dunedin and a cap was introduced for the rest of the Dunedin area. The number of venues and GMs continued to fall.
11 In 2018, the Council extended the sinking lid to the whole Dunedin district and introduced a relocation clause within the Policy allowing a venue to be relocated in exceptional circumstances.
12 In 2021, the Council retained the sinking lid and made a minor amendment to the relocation clause, including fire and natural disaster as examples of relocation circumstances.
DISCUSSION
Current review
13 In September 2023, the Customer and Regulatory Committee approved a statement of proposal for consultation.
14 The statement of proposal did not propose any substantive changes to the sinking lid policy and relocation clause. The only proposed change is to amend the wording ‘electronic gambling machine’ to ‘gaming machine’ to be consistent with the wording in the Gambling Act.
15 See Attachment A for the statement of proposal which includes the current Gambling and TAB Venue Policy.
Community engagement
16 The special consultative procedure was used for the Policy review, as required by the Gambling Act. Formal consultation took place from 25 September until 25 October.
17 Consultation included information in the Dunedin City Council website, the Otago Daily Times noticeboard, as well as targeted emails to stakeholders such as corporate societies that hold a class 4 venue licence for a venue and organisations representing Māori, as required by the Gambling Act. Other stakeholders such as health providers, community trusts and those that provide treatment and support services for problem gamblers in Dunedin were also advised of the review and invited to submit.
Results of consultation
18 17 submissions were received and, of these, 14 were from organisations and three from individuals.
General support
19 The submission form asked: Overall, do you agree with the Gambling and TAB Venue Policy?
Options |
Number |
% |
Yes – overall agree with the policy |
4 |
24% |
No – overall do not agree with the policy |
13 |
76% |
Total |
17 |
100% |
Table 1: Agreement with Policy by number and percentage
20 The majority of submitters (76%) do not agree with the Policy and 24% do agree.
Support for options
21 The submission form asked: Which option do you support in relation to the Gambling and TAB Venue Policy?
Options |
Number |
% |
Option 1 (status quo and preferred option): Retain the existing policy which has a sinking lid approach to the number of venues and gaming machines in Dunedin and does not allow relocation of venues unless in exceptional circumstances. |
4 |
24% |
Option 2: Do not limit the number of venues or gaming machines anywhere in Dunedin and grant consent for relocating gambling venues. Limit where new gambling venues may be established. |
8 |
47% |
Option 3: Other, please specify |
5 |
29% |
Total |
17 |
100% |
Table 2: Support for options by number and percentage
22 Of the three options provided, most (47%) supported the option of not limiting the number of venues or gaming machines anywhere in Dunedin and granting consent for relocating gambling venues, whilst 29% chose the ‘other’ option. Of these, most suggested capping the number of GMs and broadening the relocation policy. In addition, 24% supported the option of retaining the existing sinking lid policy.
General comments
23 The submission form asked: Do you have any other comments about the Gambling and TAB Venue Policy?
Topics |
Number of submitters |
Loss of community funding |
10 |
Cap the number of GMs |
5 |
Broaden the relocation policy |
5 |
Reduce gambling harm |
3 |
General |
12 |
Table 3: Summary of comments by number
24 The most common topic was concern over the loss of community funding potentially associated with a sinking lid policy (10 submitters). Some suggested a cap on the number of GMs and broadening the relocation policy (5 submitters) while others supported the policy as it reduces gambling related harm (3 submitters).
25 The amount of gambling venue spend in the Dunedin area is monitored by the Department of Internal Affairs and is reported quarterly. Since Dunedin’s first Gambling and TAB Venue Policy was introduced, there has been a decline in the numbers of both class 4 gambling venues and GMs. However, there has not been a corresponding decline in the amount spent on those machines. Therefore, there has been no decrease in the amount of money available for community funding in the Dunedin district.
OPTIONS
26 There are no options with this report as its purpose is to present a summary of submissions.
NEXT STEPS
27 Next steps are for the Committee to consider consultation results, hear the submitters and make recommendations to the Council regarding the Gambling and TAB Venue Policy.
Signatories
Author: |
Kevin Mechen - Alcohol, Psychoactive Substances and Gambling Advisor |
Authoriser: |
Clare Sullivan - Manager Governance |
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Title |
Page |
⇩a |
Statement of proposal for Gambling and TAB Venue Policy review |
13 |
⇩b |
Summary of Submissions |
23 |
SUMMARY OF CONSIDERATIONS
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Fit with purpose of Local Government This decision enables democratic local decision making and action by, and on behalf of communities. This decision promotes the social and economic well-being of communities in the present and for the future. |
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Fit with strategic framework
This Policy contributes to the Social Wellbeing Strategy priorities of vibrant and cohesive communities, connected people, and safe and healthy people. It also contributes to the Spatial Plan priority of a liveable city – a safe and healthy environment. |
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Māori Impact Statement It is a legal requirement to provide notice of the proposed policy to organisations representing Māori in the area and this was part of the community engagement plan. Māori and Pasifika are disproportionately represented in problem gambling statistics. |
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Sustainability This summary report has no known implications for sustainability. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy There are no implications for these documents. |
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Financial considerations There are no financial considerations. |
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Significance This summary report is considered low in terms of the Council’s Significance and Engagement Policy. However, it recognised that community views on gambling can be strong and polarised. |
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Engagement – external Consultation was carried out using the special consultative procedure as outlined in the Local Government Act. The Gambling Act requires this method of consultation. Consultation included information in the Dunedin City Council website, the Otago Daily Times noticeboard, as well as targeted emails to stakeholders such as corporate societies that hold a class 4 venue licence for a venue and organisations representing Māori, as required by the Gambling Act. Other stakeholders such as health providers, community trusts and those that provide treatment and support services for problem gamblers in Dunedin were also advised of the review and invited to submit. |
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Engagement - internal There has been no internal engagement. |
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Risks: Legal / Health and Safety etc. There are no known risks. |
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Conflict of Interest There is no conflict of interest. |
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Community Boards Community Boards were advised of the review and invited to submit. |
Hearings Committee 1 December 2023 |
Speaking Schedule
Department: Civic
EXECUTIVE SUMMARY
1 The purpose of this report is to provide the Hearings Committee with a schedule of submitters wishing to present their views on the review of the Gambling and TAB policy.
Time |
Submitter Number |
Submitter |
9.30 am |
997686 |
Tony Goldfinch The Lion Foundation
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10.00 am |
997666 |
Kay Kristensen PGF Group
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Break |
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10.40 am |
997640 |
Jarrod True Gaming Machine Association of New Zealand
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11.00 am |
996254 |
Dougal McGowan Southern Football
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11.20 am |
997695 |
Darelle Jenkins Hospitality NZ Otago
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That the Committee: a) Notes the speaking schedule. |
Signatories
Author: |
Jennifer Lapham - Governance Support Officer |
Authoriser: |
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There are no attachments for this report.