Guide 1-5 Applying for a licence to install an EGM, or change the number of EGMs

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Part 5: How does a VCGLR hearing work?

 

The Gambling Regulation Act 2003 requires the VCGLR to determine applications to amend a venue operator’s licence at a public hearing. At the beginning of a VCGLR hearing, all parties meet. This may include the venue operators, Council officers and community groups interested in the application. The VCGLR and legal teams of the applicant and Council decide which witnesses will be required to provide evidence to the Commission. Anyone is able to attend a VCGLR hearing and listen to the witnesses presenting their evidence and then being cross examined. The hearing takes place over a number of days and each witness is cross examined by both sides.

 

For further information about the VCGLR, see Fact Sheet 3 Role and structure of Victorian Commission for Gambling and Liquor Regulation

 

Under the Gambling Regulation Act (s3.3.7) the Commission (VCGLR) must not grant an application for approval of premises as suitable for gaming unless it is satisfied that:

 

(c) the net economic and social impact of approval will not be detrimental to the well being of the community of the municipal district in which the premises are located.

 

This Clause was tested in the Branbeau Inquiry (Branbeau PL v Victorian Commission for Gambling Regulation, 16 December 2005), where Justice Morris found that:

 

“The use of the word “net” recognises that there may be both positive and negative impacts on the well being of the local community and that a balancing process is required. The test does not require the Commission (or on review, the Tribunal) to be satisfied that there will be a net positive economic and social impact of approval; it is sufficient that the Commission (or on review, the Tribunal) be satisfied that the net economic and social impact of approval will be neutral, positive or negative.”

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