Commission Decisions 2021 to 2023

On 4 December 2023, the Commission made a decision in relation to an application under section 3.4.17(1)(b) of the Gambling Regulation Act 2003 by Sayers Property Holdings Pty Ltd. The application sought to increase the number of electronic gaming machines permitted at the approved premises, Hotel 520 located at 520 Sayers Road, Tarneit, from sixty-five (65) to seventy-seven (77).

The Commission determined to grant the application, subject to the conditions set out at Appendix B of the decision and reasons for decision.

The decision is subject to a detailed set of conditions, including that prior to the installation of any of the additional 12 EGMs, the venue operator must submit and have approved by the Commission a harm minimisation policy and procedures manual (the Policy). The purpose of the Policy is to enshrine timely, pro-active, effective and demonstrable harm minimisation practices in connection with the use of EGMs at the premises. It also requires the venue operator to set out the steps they will take to minimise harm arising from the EGMs at the venue.

You can download a copy of the Commission’s decision below.

On 22 August 2023, the Commission handed down its decision in relation to an appeal by Givtu Limited against a decision to refuse its application to be declared a community or charitable organisation.
The Commission has determined to confirm the original decision of the delegate to refuse to grant the appeal to declare the Givtu as a community or charitable organisation.

On 19 April 2023, the Commission issued a decision in relation to an application made by Venue Operator GRHO Pty Ltd under section 3.4.17(1)(b) of the Gambling Regulation Act 2003. The Application sought to increase the number of electronic gaming machines (EGMs) at the Grosvenor Hotel (located at 10 Brighton Road, Balaclava) from 22 to 62.

The Commission determined to grant the Application, subject to the conditions set out at Appendix A of the decision and reasons for decision.
The conditions incorporated the Commissions harm minimisation focus and also included a requirement that all additional EGM entitlements be transferred from the Dick Whittington Tavern, which is an approved Premises also operated by the Applicant. The Commission has required the Applicant to file evidence that the premises approval for the Dick Whittington Tavern has been surrendered (meaning it will no longer operate as a gaming venue) prior to the commencement of the additional EGMs becoming operational at the Grosvenor Hotel.

For a copy of the Commission's decision, please download below:

On 13 December 2022, the Commission made a decision in relation to an application under section 3.4.17(1)(b) of the Gambling Regulation Act 2003 by McKinnon Hotels Pty Ltd to amend its venue operator’s licence to vary the number of electronic gaming machines permitted at the approved premises, the McKinnon Hotel, located at 251 McKinnon Road, McKinnon from forty-five (45) to sixty (60).

The Commission granted the application subject to the conditions set out in Appendix A of the decision.

For a copy of the Commission's decision, please download EGM Increase - McKinnon Hotel - Decisions and Reasons below:

On 13 April 2023 a corrigendum was issued to rectify a typographical error in the Original Decision. This corrigendum substitutes the text that appears at Appendix A, condition 3(d). See the below:

On 19 July 2022, the Commission handed down its decision in relation to an appeal by Bolsta Foundation Limited against a decision to refuse its application to be declared a community or charitable organisation.
The Commission has determined to confirm the original decision of the delegate to refuse to grant the appeal to declare the Bolsta Foundation Limited as a community or charitable organisation.

On 26 April 2022, the Commission made a decision in relation to an application under section 3.4.17(1)(b) of the Gambling Regulation Act 2003 by APD Group Pty Ltd to amend its venue operator's licence to vary the number of electronic gaming machines permitted at the approved premises, the Valley Inn Hotel, located at 120 Fyans Street, South Geelong, from twenty-nine (29) to thirty-nine (39).

The Commission refused the application.

For a copy of the Commission's decision and reasons, please download EGM Increase - Valley Inn Hotel - Decision and reasons below.

On 14 February 2022, the Commission made a decision in relation to an application by Bay Road Hotel Pty Ltd under section 3.3.4(1) of the Gambling Regulation Act 2003 for approval of the premises, to be known as 'The Silk Lounge', as suitable for gaming with fifty (50) electronic gaming machines. The location of the proposed premises is 388 Lonsdale Street, Melbourne VIC 3000.

The Commission granted the application subject to the conditions set out in Appendix A of the decision.
On 15 March 2022 the Commission provided reasons for its decision.

For a copy of the Commission's decision, please download below:

First Extension Request

On 27 October 2022, the Commission received an application from the Bay Road Hotel Pty Ltd for an extension of time to complete Works at the Premises from 31 December 2022 to 30 June 2023. The Applicant later amended the requested completion date to 31 August 2023.

The Commission granted an interim extension of time until 28 February 2023 to ensure there was sufficient time to request additional information and review the materials received.

On 23 February 2023, the Commission determined to amend the Original Conditions set out at appendix 1(c) of Appendix A of the Original Decision to:

• Extend the time for completion of the Works until 31 August 2023 (the Completion Date); and
• Allow a further right to seek an extension of time, provided that the request is made 60 days before the Completion Date.

In all other respects, the conditions attached to the approval in the Original Decision remain unchanged.

Second Extension Request

On 7 June 2023, the Commission received an application from the Bay Road Hotel Pty Ltd for an extension of time to complete Works at the Premises from 31 August 2023 to 30 November 2023. The Applicant later amended the requested completion date to 31 December 2023.

On 31 August 2023, the Commission determined to amend the Original Conditions set out at condition 1(c) of Appendix A of the Original Decision to:

• Extend the time for completion of the Works until 31 December 2023 (the Completion Date); and
• Allow a further right to seek an extension of time, provided that the request is made 60 days before the Completion Date.

On 6 September 2021, the Commission handed down its decision in relation to an appeal by Help From Abroad Pty Ltd against a decision to refuse its application to be declared a community or charitable organisation.

The Commission has determined to grant the appeal and declare Help From Abroad Pty Ltd a community or charitable organisation.

For a copy of the Commission's decision and reasons for decision, please download below:

On 19 July 2021, the Commission made a decision in relation to an application under section 3.4.17(1)(b) of the Gambling Regulation Act 2003 by Jayeesar Pty Ltd to amend its venue operator's licence to vary the number of electronic gaming machines permitted at the approved premises, the Robin Hood Hotel, located at 33 Peel Street North, Ballarat, from twenty (20) to twenty-eight (28).

The Commission refused the application.

On 16 August 2021, the Commission provided reasons for its decision.

For a copy of the Commission's decision and reasons, please download below:

Background

Jayeesar Pty Ltd sought a review of the Original Decision at the Victorian Civil and Administrative Tribunal (Tribunal). On 24 November 2021, the Tribunal set aside the Commission’s decision and granted the application to vary the Applicant’s Venue Operator’s Licence subject to conditions (Tribunal Order).

First Extension Request

On 7 November 2024, the Commission received an application from Jayeesar Pty Ltd for an extension of time to complete Works at the Premises from 7 November 2024 to 14 February 2025.
On 8 October 2024, the Commission determined to amend the Tribunal Order Conditions to:

• Extend the time for completion of the works until 14 February 2025 (the Completion Date); and
• Allow a further right to seek an extension of time, provided that the request is made 30 days before the Completion Date.
• Vary the scope of the works.
• In all other respects, the conditions attached to the approval in the Tribunal Order remain unchanged.

Second Extension Request

On 5 December 2024, the Commission received an application from Jayeesar Pty Ltd for an extension of time to complete Works at the Premises from 14 February 2025 to 21 March 2025.
On 24 January 205, the Commission determined to amend the Tribunal Order Conditions to:

• Extend the time for completion of the works until 21 March 2025 (the Completion Date); and
• Allow a further right to seek an extension of time, provided that the request is made 30 days before the Completion Date.

On 30 April 2021, the Commission made a decision in relation to an application by KWR Hotels Pty Ltd under section 3.3.4(1) of the Gambling Regulation Act 2003 for approval of the premises, Royal Hotel Koo Wee Rup, located at 98-102 Station Street, Koo Wee Rup, as suitable for gaming with forty (40) electronic gaming machines.

The Commission refused the application.

For a copy of the Commission's decision, please download below:

On 1 April 2021, the Commission made a decision in relation to an application by Werribee Football Club Ltd under section 3.3.4(1) of the Gambling Regulation Act 2003 for approval of the premises, Club Tarneit, proposed to be located at 115 Woods Road, Truganina, as suitable for gaming with seventy (70) electronic gaming machines.

The Commission granted the application subject to the conditions set out in Appendix A of the decision.

On 4 May 2021, the Commission provided reasons for its decision

For a copy of the Commission's decision, please download below:

First Extension Request
On 2 December 2022, the Applicant applied for an extension of time to complete construction works at the Premises from 31 March 2023 until August 2025 (+2 years, 5 months).

On 31 March 2023 the Commission determined to grant the application and extend the time for completion of construction works until 29 August 2025. Original condition 1(c) (located at Appendix A of the Original Decision) has been amended to reflect the new Completion Date.

In all other respects, the conditions attached to the approval in the Original Decision remain unaltered.