Varying existing licence conditions

Corporate structure

Requirement to notify of changes

For every change to a trust or company structure the licensee must notify Consumer and Business Services. The licensee must lodge an application for approval of each new director or shareholder of a company or trustee or beneficiary of a trust. Under the Liquor Licensing Act 1997 and the Gaming Machines Act 1992 it is an offence for an unapproved person to assume a position of authority in a trust or corporate entity that holds a licence.

Licensees are required to notify Consumer and Business Services of any changes to the following positions:

  • In the case of a body corporate:
    • A director
    • A shareholder (if a proprietary company)
    • If a shareholder is a company, then directors and shareholders of that company
  • In the case of a trust:
    • A trustee or beneficiary of the trust (except if a minor).

Licensees must seek approval from Consumer and Business Services and advise the Australian Securities and Investment Commission (ASIC) prior to changing the corporate structure.

Note: There can be no distribution of profits to a trust until the trust has been approved by the Liquor and Gambling Commissioner.

Gaming machine surcharge

If the premises has a gaming machine licence and a transaction relating to a change to officer holders or shareholders results in gaming machine surcharge payable under the Stamp Duties Act 1923, it is a condition of the licence that the surcharge is payable within the period allowed under the Stamp Duties Act.

For further information on gaming machine surcharge contact Revenue SA

How to apply

An application must include the following:

Other documentation required (if applicable)

  • Copies of share/unit transfer certificates or:
    • a copy of the notification of change to office holders (ASIC form 304) or:
    • a current ASIC search extract or current annual return, that confirms the current office holders.
  • Minutes of meetings.
  • Sale and purchase agreement for the sale of the shares/units.

Alterations redefinition and/or variation of gaming area

Proposed alterations or redefinition of a gaming area and/or variation to the gaming machine layout require approval by Consumer and Business Services.

Applications must be made by the licensee, and in the case of a licensed club the supporting committee resolution is required (for example: minutes of the committee meeting showing agreement to make alterations, redefinition or variation).

How to apply

Applicants may wish to contact a solicitor or relevant industry association before making an application.

  • All the relevant forms and other documentation will need to be lodged meeting the minimum requirements when making an application.
  • Once the minimum requirements and documents have been received by Consumer and Business Services.

What to include

  1. Application for Redefinition and/or Variation to Layout (Gaming)
  2. application fee
  3. two plans of the proposed licensed premises
  4. certificate from a licensed security provider or electrical contractor that the security provisions are adequate for all gaming machines:
    • this certificate will be required upon completion of the proposed work to facilitate final approval of the gaming area.

Other documentation required (if applicable)

  • Extract from club committee minutes supporting the decision to apply.
  • If the applicant does not own the freehold:
    • a letter of consent from the landlord.
  • If specifically requested:
    • copy of certificate of title.
  • Any other relevant approvals, consents or exemptions:
    • for example – Department of Transport, Urban Lands Trust, Marine and Harbours etc.
  • Any other required planning, development or building approval.
  • Any other necessary Council consents.

Increase

A licensee may apply to Consumer and Business Services to increase the number of gaming machines approved under the gaming machine licence.

The approved number of gaming machines is the maximum number of gaming machine entitlements that can be held in respect of the licensed premises. The maximum number that can be held can not exceed 40.

Gaming machines can not be operated unless the licence holds one or more gaming machine entitlements. One gaming machine entitlement allows a licensee to operate one gaming machine.

All licensees may purchase entitlements through the trade system.

If a licensee wishes to purchase entitlements in the trade system, the licensee must obtain approval to increase the approved number (if required) before entering the trade.

An increase in the number of machines will usually require a change to the layout of the gaming machine area. Therefore, an application will also be required to vary the layout of the gaming area. A redefinition of the gaming area may also be required depending on the extent of the change.

Applications may require advertising

Depending on the extent of the increase sought, the Commissioner may direct that the application be advertised and thus allow for objections to made to the application.

  • An application is required to be advertised in The Advertiser and the Government Gazette at the applicant’s expense.
  • Consumer and Business Services will provide the applicant with details of the content of the advertisement.
  • Advertising is required to be undertaken after the application has been lodged with this Office and at least 28 days before the hearing date.

Social effect test

Depending on the extent of the increase sought, the Commissioner may also exercise his discretion in determining the application, by having regard to the likely social effect that granting an increase in the number of approved machines may have on problem gambling in the local community.

The Commissioner may direct the applicant to provide additional information to assist in making a determination.

How to apply

Applicants may wish to contact a solicitor or relevant industry association before making an application.

Other documentation required (if applicable)

  • Extract from club committee minutes supporting the decision to apply

Decrease

A licensee may apply to Consumer and Business Services to decrease the number of gaming machines approved under the gaming machine licence. In the case of a licensed club the supporting committee resolution is required (i.e. minutes of the committee meeting showing agreement to decrease the number of gaming machines).

Where a licensee holds entitlements equal to the approved number of machines and has installed all machines, a decrease will result in one or more machines being removed from an approved gaming area.  Therefore, an application will also be required to vary the layout of the gaming area. A redefinition of the gaming area may also be required depending on the extent of the change.

The application to decrease (and any associated application to vary layout or redefine area) will be granted effective from the date on which the machine or machines are removed from the gaming area and when the entitlements are sold or otherwise transferred.

How to apply

Applicants may wish to contact a solicitor or relevant industry association before making an application.

Other documentation required (if applicable)

  • Extract from club committee minutes supporting the decision to apply

Gaming trading hours

Gaming trading hours are fixed under Section 27(7) of the Gaming Machines Act 1992, and are included as a condition of the Gaming Machine Licence.

Gaming trading hours are set for each day of the week and can also include specific days such as public holidays.

Gaming hours must fall within…

Gaming trading hours must fall within trading hours authorised under the Liquor Licensing Act 1997. For example, if the liquor licence ceases trading at midnight, gaming trading must also cease at midnight. Unless the proposed gaming trading hours are indicated in the application, the Commissioner will fix a standard set of hours.

Note: The gaming trading hours can be less than the liquor trading hours, but the liquor trading hours can not be less than the gaming trading hours.

Mandatory six hour break

Gaming trading hours must include a six hour break. This can be one single period of six hours, two periods of three hours or three periods of two hours.

Public holidays

Trading hours required for all public holidays or a specific public holiday must be specified in the application. This must correspond with the hours authorised under the Liquor Licensing Act 1997. If extended liquor trading hours are required, the licensee must apply to Consumer and Business Services for an extended trading authorisation.

New Year’s Day

  • Hotel and club licensees are permitted to trade between midnight and 2 am as authorised under the Liquor Licensing Act 1997. If gaming trading hours are required between midnight and 2 am this must be specified in the application.
  • If gaming trading hours are required beyond 2 am this must be specified in the application and the licensee must also apply for corresponding liquor trading hours.
  • Licensees must still comply with the mandatory six hour break, whatever configuration of trading hours is sought.
  • Gaming Machines can not be operated for the 24 hour period of Christmas Day or Good Friday.

Gaming trading hours and limited licences

If a limited licence has been granted, for example a special occasion where the licensee wishes to trade beyond the hours approved on the liquor licence, since there is no similar provision in the Gaming Machines Act 1992, gaming would cease at the normal time. In other words, gaming trading hours can not be extended for one off occasions.

How to apply

  1. Application Form to Vary Gaming Trading Hours
  2. Fees and charges (PDF 90KB)