Gaming – Approval of licensees, directors and shareholders
When a liquor and gaming machine licence is granted, all:
- licensees; or
- directors and shareholders of a licensee company
are required to seek the approval of the licensing authority as a ‘licensee’, ‘director’ or ‘shareholder’ under both the Liquor Licensing Act 1997 and the Gaming Machine Act 1992.
The Personal Information Declaration Form (PID)
The licensing authority will not approve a person as a licensee, director or shareholder unless satisfied that the person is ‘fit and proper’. To determine whether a person is fit and proper, applicants are required to complete a Personal Information Declaration form (PID).
When completing the PID, a person will be required to provide details of all convictions (including summary and traffic convictions) and creditworthiness details. Matters such as a person’s reputation, honesty, integrity, creditworthiness and the person’s known associates will also be considered.
The information provided to the licensing authority will remain strictly confidential.
Person approvals under the Liquor Licensing Act, 1997
Supervising and managing the liquor operations of the premises
An approved responsible person must supervise the liquor operations of the premises at all times when open to the public.
An approved responsible person can be either:
- A licensee
- An approved director of a licensee company
- An approved shareholder of a licensee company
- The licensee can appoint another person as a responsible person who is not a licensee, director or shareholder, to manage and supervise the business
A person seeking approval as a responsible person needs to satisfy the licensing authority that they are a fit and proper person to hold a licence and will need to complete a Personal Information Declaration form. In addition to the matters listed above, a person’s relevant liquor knowledge, skills and experience will be taken into consideration.
Note: If a licensee, director or shareholder wishes to be approved as a responsible person, they will also need to be approved in that capacity.
Responsible persons undertaking training
The licensing authority must be satisfied that a responsible person has the appropriate knowledge, skills and experience to manage and supervise the business. The person will be required to detail this information as part of the application.
If the licensing authority is not satisfied that the person has the relevant knowledge, skills or experience at the time of the application, then approval will be subject to the person undertaking specified training by a particular date, usually within three months of approval.
Requirement to wear an identification badge
A responsible person must wear an identification badge at all times while on duty. Badges must be worn in a prominent position. It is suggested that they be worn at breast pocket height. A licensee, director, shareholder or any other person who is approved as a responsible person would have a badge that looks like this:
Person Approvals Under the Gaming Machines Act, 1992
Operational vs. Non-Operational Licensees and Directors
Licensees and directors will be approved as either operational or non-operational.
An operational licensee or director is allowed to supervise and manage the gaming area and perform gaming duties. They must undertake training.
A non-operational licensee or director can not have any involvement in the gaming operations of the premises. They will be exempt from training requirements.
The applicant will need to indicate on the application form which type of approval is sought.
Supervising and Managing the Gaming Area
The gaming area of the premises must be supervised at all times that it is open to the public. The gaming area can only be supervised by either:
- A licensee (operational
- A director (operational)
- An approved gaming machine manager
If no licensees or directors are approved as operational, the applicant will need to appoint another person who is not a licensee or director to perform the duties of a gaming machine manager. That person must also complete a PID and have their fingerprints taken. However, the premises may need more than one person approved to perform this function to cover all opening times.
Note: An approval of a person under the Liquor Licensing Act 1997 as a responsible person only authorises that person to supervise and manage the liquor operations of the business, it does not authorise the person to supervise and manage the gaming operations of the business.
The prescribed duties of licensees (operational), directors (operational), gaming machine managers and gaming machine employees include:
- Clearing money from gaming machines
- Filling hoppers with money
- Clearing jammed money from gaming machines
- Replacing light globes or fuses within a gaming machine cabinet
- Payment of winnings
Note: A cashier who issues coins is not required to be an approved licensee (operational), director (operational), gaming machine manager or gaming machine employee.
Additional Responsibilities of Gaming Machine Managers
Licensees (operational), directors (operational) and gaming machine managers have the following additional responsibilities:
- The issuing and control of keys for gaming machines
- The power to withhold winnings in the event of a machine malfunction or dispute
- The power to remove a person from a gaming area if that person has damaged or abused a machine, has or is about to commit an offence or is behaving in an offensive, abusive or disorderly manner
Only an approved licensee (operational) or director (operational) or gaming machine manager can supervise the gaming operations of a business. The gaming operations of the business must be supervised at all times.
Licensees (operational), directors (operational), gaming machine managers and gaming machine employees are required to undertake appropriate training within six months of approval.
Requirement for Gaming Persons to Wear an Identification Badge
Licensees (operational), directors (operational), gaming machine managers and gaming machine employees must wear an identification badge at all times while on duty. Badges must be worn in a prominent position. It is suggested that they be worn at breast pocket height.
How to apply
The following forms are to be completed when applying for approval as a licensee, director or shareholder.